Terms and Conditions

These Terms and Conditions (hereinafter referred to as “terms and conditions“) Brána Jihlavy, contributory organization, with registered office in Jihlava, Divadelní 1365/4, ID: 09718044, registered in the Commercial Register maintained by the Regional Court in Brno, sp. no. Pr 2119 (hereinafter referred to as'seller“) regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as”Civil Code“) mutual rights and obligations of the Contracting Parties arising in connection with or pursuant to the Purchase Agreement (hereinafter referred to as”Purchase contract“), the purpose of which is, in particular, the sale of tickets and gift vouchers for cultural, social, educational and other events and the sale of other ancillary services or goods (hereinafter referred to hereinafter:”wares” or”object of purchase”) concluded between the seller and another natural or legal person (hereinafter referred to as “takers“), inter alia, through the seller's online store. The online store is operated by the seller on the website located at the Internet address www.dojihlavy.cz (hereinafter referred to as'website“), through the interface of the website (hereinafter referred to as”web interface of the store“).

Provisions that differ from the terms and conditions may be negotiated in the purchase contract. The derogating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

The text of the Terms and Conditions may be changed or supplemented by the Seller. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

The Seller is not liable to the Buyer for any damage caused by the unavailability of the web interface of the Store; In case of unavailability of the Website, the Buyer is entitled to contact the Seller at his registered office in any other commonly available way.

Based on the Buyer's registration made on the Website, the Buyer can access its user interface. From its user interface, the Buyer can place the ordering of goods (hereinafter referred to as”user account“). If the web interface of the store allows this, the buyer can also place the ordering of goods without registration directly from the web interface of the store.

When registering on the website and when ordering goods, the buyer is obliged to correctly and truthfully indicate all the data. The buyer is obliged to update the data specified in the user account whenever they are changed. The data specified by the buyer in the user account and when ordering the goods are considered correct by the seller.

Access to the user account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

The Buyer is not entitled to allow the use of the User Account to third parties.

The Seller may cancel the User Account, especially if the Buyer does not use his User Account for more than 24 months, or if the Buyer violates his obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.

All presentation of goods placed in the web interface of the store is informative in nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.

The web interface of the store contains information about the goods, including the prices of the individual goods and the cost of returning the goods, if by their nature these goods cannot be returned by the usual postal route. The prices of the goods are shown including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the ability of the seller to conclude a purchase contract on individually agreed terms.

The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods specified in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

To order the goods, the buyer fills in the order form in the web interface of the store. In particular, the order form contains information on:

The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:

• in cash at the seller's premises at the address: Tourist Information Centre Jihlava — Gate of the Mother of God, Věžní 4785/1, Jihlava; Tourist Information Centre, Mother of God 1243/22, Jihlava; Jihlava Underground, Hluboká 109/1, Jihlava; Gustav Mahler House, Znojemská 1089/4, Jihlava;

• cash on delivery at the place specified by the buyer in the order;

• by non-cash transfer to the seller's account no. 6002394389/0800, maintained at Česká spořitelna a.s. (hereinafter referred to as”seller's account“);

• cashless through the KB Smart Pay payment system;

• non-cash payment card.

• Individual payment methods are offered and accepted according to current availability, respectively, depending on the specific performance. The buyer respects the options offered in the web interface of the store.

Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.

In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 14 days from the conclusion of the purchase contract.

In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account. The Seller informs the Buyer of the payment of the price by sending a message of electronic communication to the e-mail address indicated by the Buyer in the registration form.

The seller is entitled to demand payment of the entire purchase price before sending the goods to the buyer. Section 2119 (1) of the Civil Code shall not apply.

Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

If this is customary in business or if this is stipulated by generally binding legal regulations, the Seller shall issue a tax document — invoice to the Buyer regarding the payments made under the purchase contract. Tax document — the invoice is issued by the seller to the buyer after paying the price of the goods and sends it in electronic form to the buyer's electronic address.

According to the law on sales registration, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then no later than 48 hours.

The provisions of this article apply only to cases where a purchase contract is concluded between the seller and the buyer, which meets the characteristics of the consumer according to Section 419 of the Civil Code (hereinafter referred to as “”).It's a consumer“). If the buyer is not a consumer, the provisions of this article shall not apply.

The consumer notes that:

• a) according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from the purchase contract for the supply of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package, which the Consumer from the order removed the product and, for hygienic reasons, cannot be returned, and from the purchase contract for the supply of an audio or video recording or computer program, if it has violated their original packaging.

• b) if the subject of the purchase contract is the sale of tickets, then for the reason stated in section 1837, letter j) of the Civil Code, he cannot withdraw from the purchase of the ticket in accordance with the procedure laid down in § 1829 of the Civil Code (i.e. you cannot use the possibility of withdrawing from the contract within 14 days without stating the reason otherwise given in general for other purchases via the Internet), since in this case it is a contract for the use of leisure time. and performance (participation in the event to which the ticket entitles) is provided on a specified date or time. Therefore, in such a case, the law does not provide the customer with the opportunity to withdraw from the contract in this manner.

Unless it is a case referred to in Article 5.2 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the Consumer has the right in accordance with the provisions of Section 1829 (1) of the Civil Code to withdraw from the purchase contract within fourteen (14) days from the date of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of the last delivery merchandise. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. In order to withdraw from the purchase contract, the Consumer may use a sample form provided by the Seller, which forms an annex to the Terms and Conditions. The Consumer may send withdrawal from the purchase contract to, among other things, the address of the seller's establishment or to the seller's e-mail address office@branajihlavy.cz

In the event of withdrawal from the Purchase Agreement in accordance with Article 5.3 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The Goods must be returned by the Consumer to the Seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the Seller. If the Consumer withdraws from the purchase contract, he shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.

In case of withdrawal from the purchase contract according to Article 5.3 of the Terms and Conditions, the Seller shall return the funds received from the Consumer within fourteen (14) days after the withdrawal from the purchase contract by the Consumer, in the same manner as the Seller accepted them from the Consumer. The Seller is also entitled to return the performance provided by the Consumer when returning the goods by the Consumer or in any other way, if the Consumer agrees to this and does not incur additional costs to the Consumer. If the Consumer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Consumer before the Consumer returns the goods to him or proves that he has sent the goods to the Seller.

The Seller is entitled to unilaterally offset the claim for compensation for damage incurred on the goods against the Consumer's claim for a refund of the purchase price.

In cases where the Consumer, in accordance with the provisions of Section 1829 (1) of the Civil Code, has the right to withdraw from the purchase contract, the Seller is also entitled to withdraw from the purchase contract at any time, up to the time of acceptance of the goods by the Consumer. In this case, the Seller shall return the purchase price to the Consumer without undue delay, in cash to the account designated by the Consumer.

If a gift is provided to the Consumer together with the goods, the gift contract between the Seller and the Consumer is concluded with the unwinding condition that if the Consumer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the Consumer is obliged to return the gift provided to the Seller along with the goods.

In the event that the mode of transport is agreed on the basis of a specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this mode of transport.

If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than indicated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in case of any defects, notify the carrier immediately. In case of detection of a violation of the packaging indicating unauthorized entry into the consignment, the buyer may not take over the consignment from the carrier. This does not affect the rights of the buyer from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.

Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if they are issued to the Seller.

The rights and obligations of the parties in respect of rights arising from defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

In particular, the buyer can exercise the rights from liability for defects in the goods in person at the address Brána Jihlava, contributory organization, Divadelní 1365/4, 586 01 Jihlava, by phone at the number 565597550 or by e-mail at office@branajihlavy.cz

The Buyer shall inform the Seller what right of defective performance or quality guarantee he has chosen when the defect is notified, or without undue delay after notification of the defect. When transporting, the goods should be packed in a suitable packaging, so as not to damage it, it should be clean and complete. If the Buyer exercises the right due to defective performance, the other party shall confirm in writing when the right was exercised, what is the content of the complaint, what method of handling the complaint is requested by the Buyer, the date and method of handling the complaint, the execution of the repair, the duration of the claim and, if applicable, the written justification for the rejection of the complaint.

The Seller is not the organizer of the individual events for which tickets are sold, unless expressly stated in the offer for the sale of the respective tickets. The seller ensures the sale and distribution of tickets for individual events on behalf and on behalf of their organizer, based on the mandate given by the contract with the organizer. By purchasing a ticket for an event, a direct legal relationship is established between the buyer as the customer who purchases the ticket and the organizer of the event, who sells the ticket. Therefore, all claims of the Buyer related to the purchased ticket and the Buyer's right to participate in the event for which he purchased this ticket are always directed towards the Promoter of the Event and not towards the Seller.

The Seller is not responsible in any way for the holding of any of the events that he does not organize, or for the fact that the event will not take place, nor is he responsible for any change of events or their dates or venues, nor is he responsible for their course, for any events that would occur at the events, or for anything that would have their origin in these events. The Seller is not liable for any damage or any other damage that the Buyer or any third party would incur in connection with the action. In particular, the Seller is not responsible for any expenses incurred by the Buyer in connection with the event, its change, cancellation, performance or non-performance. All claims must always be made with the relevant event organiser.

In connection with the entry to a particular event, the buyer is always obliged to comply with the rules established by the organizer of the event. The Buyer is also obliged to submit to the operating and visiting regulations of the venue of the given event.

The organizer of each event reserves the right to change its program, date and venue. By purchasing a ticket, the buyer as a customer acknowledges this right of the organizer.

The seller is not responsible in any way for the validity and authenticity of tickets purchased outside our sales network.

The purchased ticket is not exchanged. In the event of damage, destruction, loss or theft of the ticket, the ticket will not be replaced with a new one and no refund will be provided.

In the event of a complete cancellation of the event by the Promoter, the Seller will refund the admission fee only up to the amount of funds provided to the Seller by the Promoter for this purpose, as the Seller in this case acts only on behalf and on behalf of the Promoter of the relevant event. In the part in which the buyer's claims are not thus satisfied, the organizer of the canceled event is solely responsible.

A gift voucher is a form of prize with a certain monetary value that can be used to pay for services or goods. In the event of loss of the gift voucher, it cannot be replaced in any way, the receipt for its purchase cannot be accepted as a replacement. Forgery and alteration of gift vouchers is prohibited and punishable under the current law of the Czech Republic.

Gift vouchers are issued in denominations of CZK 250 and CZK 500 and have two forms: electronic and printed.

Each gift voucher is provided with an issue date or validity period, a unique code and value. If it does not contain these data, it is not valid. The buyer is obliged to check the details of the gift voucher immediately after receiving it and report any discrepancies to the seller without delay.

The printed gift voucher can be purchased at the premises managed by the seller — Gustav Mahler's House, Znojemská 4; Jihlava Underground, Hluboká 1, Gate of the Mother of God, Tower 1, Tourist Information Center, Mother of God 22 (hereinafter referred to as”Operations“).

The electronic gift voucher can be purchased online at the website.

The Seller shall issue the Buyer an electronic gift voucher according to the order and send it in electronic form in PDF format to the Buyer's electronic address, after payment of the full amount for the gift voucher including payment of all possible bank fees to the Seller's bank account.

The printed gift voucher can be redeemed in the Operations managed by the Seller. The electronic gift voucher is intended to be redeemed online on the website.

Gift vouchers are intended only for the purchase of services and goods in the Operations.

Gift vouchers are transferable to a third party.

The gift voucher is redeemed by physical delivery directly to the Operations or by using a one-time unique code on the website.

The gift voucher can only be redeemed once and for the full amount of its value, so it is not possible to spread its redemption; i.e. the value of the purchase must be equal to or greater than the value of the gift voucher. If the value of the purchase is less than the value of the gift voucher, the difference is not refunded. If the value of the purchased goods exceeds the value of the gift voucher, the difference must be paid. The gift voucher cannot be returned against the money.

Gift vouchers can be added up. The buyer can use two or more gift vouchers to pay for services or goods provided by the seller.

The gift voucher can only be redeemed by the person who redeems it first.

The gift voucher can be used for services or purchases of goods offered by the seller at the time of using the gift voucher and at the prices that are current at the time of using the gift voucher.

The validity of the gift voucher is limited by 365 days from its issuance, after the expiration of the validity period of the gift voucher, the right associated with it expires forever without refund. Gift vouchers cannot be extended. In case of non-redemption of the gift voucher within the specified period, the gift voucher will be forfeited without the right to a refund.

The Buyer is not entitled to interfere in any way with the graphic form of the gift voucher, copy it, change the content.

It is necessary to protect the unique code of the gift voucher, when using it, the gift voucher ceases to be valid. The Seller is not responsible for lost or stolen unique codes.

The Seller is not responsible for any physical damage to the Gift Voucher caused by the Buyer or a third party.

A person in the position of a consumer within the meaning of the Civil Code has the right to withdraw from the contract (purchase) a gift voucher purchased outside the seller's premises, i.e. purchased through the website under the conditions referred to in Article 5 of these Terms and Conditions. Gift vouchers purchased at the Seller's Shops and other points of sale are non-refundable.

The buyer acquires ownership of the goods by paying the entire purchase price of the goods.

Consumer complaints are handled by the seller via the e-mail address office@branajihlavy.cz. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's e-mail address.

The Czech Trade Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent to resolve consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.

Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as'GDPR Regulation“) related to the processing of the Buyer's personal data for the purposes of the performance of the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the Seller's public law obligations, the Seller shall fulfill by means of a special document.

Purchaser agrees, in accordance with the provisions of Section 7 (2) of Act No. 480/2004 Coll., on certain information society services and the amendment of certain laws (Act on Certain Information Society Services), as amended, to send commercial communications to the Seller to the electronic address or telephone number of the Buyer. The seller fulfils its information obligation to the buyer within the meaning of Art. 13 GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

It can be delivered to the Buyer to the Buyer's electronic address.

If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.

If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision is replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

If a purchase contract with an international element is concluded, the parties agree that the relationship established by the purchase contract is governed by Czech law, in particular the Civil Code; the mandatory provisions of the legislation, which cannot be deviated from by the contractual arrangements of the parties, are not affected by this.

The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

The annex to the Terms and Conditions is a sample form for withdrawal from the purchase contract by the consumer.

Contact details of the seller: address for delivery Jihlava Gate, contribution organization, Divadelní 1365/4, 586 01 Jihlava, e-mail address office@branajihlavy.cz, telephone 565597551.