BUSINESS TERMS AND CONDITIONS
of the union MetalGate, z.s.[interest union] with its registered seat at Broncova 1055, 25230 Řevnice, Czech Republic, IČ[ID №] 227 11 074, recorded in the Commercial Register conducted by the Municipal Court in Prague ref. L 24811.
I Introductory Provisions
1 These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of the union MetalGate (see above, hereinafter referred to as the “Seller”) provide in accordance with section 1751 subsection 1 of the Act № 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties, arising in connection with or based on the purchase contract (hereinafter referred to as the “Purchase Contract”), entered into by and between the Seller and another natural person (hereinafter referred to as the “Purchaser”) by means of the Seller’s Internet shop. The Seller’s Internet shop is conducted on the website at the Internet address www.metalgate-eshop.cz (hereinafter referred to as the “Website “).
2 To contact the Seller means to contact the authorized person by phone at his/her particular telephone number or electronic address, if known, or the general phone number or e-mail, as mentioned under section Contacts on the Website.
3 These Business Terms and Conditions form integral part of the Purchase Contract entered into by the Purchaser and by the Seller. Upon purchasing the tickets the Purchaser concurrently confirms that he/she has acquainted himself/herself with these Business Terms and Conditions and explicitly acknowledges that these Business Terms and Conditions form part of the of the contractual agreement entered into by the Purchaser and the Seller.
4 The subject matter of the contractual agreement (Purchase Contract) is the following:
(a) Seller’s undertaking to supply to the Purchaser the ordered goods (movables, such as CDs, DVDs, cassettes, books, etc., as well as the printed tickets and items of digital nature, e.g. electronic tickets), at the quantity depending on the Purchaser’s order; and
(b) Purchaser’s undertaking to pay the purchase price of the ordered goods.
5 Option to withdraw from the above Contract is referred to in the Complaint Rules under Chapters VIII and XII.
6 To sell tickets for any cultural, social, sports or other events (hereinafter referred to as the “Events”) by means of the Internet shop operated on this Website, the separate Complaint Rules mentioned below shall apply.
II Ordering and Entering into the Purchase Contract
1 Offer of goods within the framework of the Internet shop “MetalGate e-shop” is merely a presentation of the offered and sold goods and, as of itself, is not a proposal for entering into the Purchase Contract.
2 All the orders submitted through the MetalGate e-shop shall be binding. Upon submission of the order the Purchaser confirms that he/she has perused these Business Terms and Conditions and is agreeable herewith.
3 The order is a proposal for entering into the Purchase Contract. The contractual relationship originates at the instant, when the Purchaser has paid the order. The contractual relationship arises between the Purchaser and the operator of the Website. Legal information about the operator of the Website is mentioned at the top of these Business Terms and Conditions. The operator of the Website is the sole and exclusive person responsible for the sale and delivery of goods to the Purchaser.
4 The condition sine qua non of a valid electronic order is completion of all the information and data specified by the form. The place of delivery of goods is the address referred to by the Purchaser in the registration form. The offered product, its price and estimated storage availability shall apply until the time of the order confirmation.
5 Ownership right to the goods is transferred to the Purchaser at the instant of the purchase price payment in full.
6 Upon completion of the binding electronic order (see 2.1.3) the Purchaser agrees that the Seller accumulates and files the Purchaser’s electronic data and purchases. The Purchaser is registered in the Personal Data Processing Register ref. 00061577, conducted by the Personal Data Protection Office. For more details, see section of the personal data protection on this Website.
1 All the prices referred to on this Website are final, excluding VAT. The operator is not a VAT payer.
2 Prices of any of the goods are specified per unit.
IV Terms of Delivery, Payment and Transport
1 The ordered goods may be delivered in several ways. The goods may be:
(a) accepted in person at the operator’s shop (U Nikolajky 11, Praha 5), following the previous agreement;
(b) delivered by means of the Czech Post C.O.D. (cash on delivery) (up to 340 g of the goods weight) or by registered mail (with the price specified depending on weight, as a maximum up to 2 kg);
(c) delivered as a commercial package (above 2 kg of the goods weight, however, not more than 5 kg); and
(d) sent downloaded (electronic tickets).
2 If the ordered goods are on stock, the order is processed within twenty four (24) hours and the Purchaser is then informed of the delivery. After sending the information the goods are delivered to the carrier.
3 Payment for the ordered goods may be made:
(a) in cash;
(b) cash on delivery (C.O.D.);
(c) bank transfer;
(d) credit card; and
(e) via the payment gate GoPay.
4 Cash on delivery (C.O.D.) shall be paid by the Purchaser to the external carrier of goods (Czech Post) at the instant of their acceptance from the carrier.
5 In the event of payment by bank transfer the operator sends to the Purchaser all the required information to carry out the transfer to the e-mail address mentioned by the Purchaser in the order. After acceptance of the amount paid for the goods to the operator’s account the goods are handed over to the carrier (Czech Post) for delivery on the next working day, at the latest.
6 Upon payment by the card or through the payment gate the goods are delivered to the carrier (Czech Post) on the next working day following completion of the payment transaction, at the latest.
7 Delivery time of the Czech Post within the framework of the Czech Republic is on working days within the second day after delivery of the package; in case of the Purchaser’s absence at the given address on the day of delivery the goods may be picked up within seven (7) days at the Post Office, relevant to the address in question.
8 The goods remain the Seller’s property up to their payment in full.
V Purchaser’s Consent
1 Upon sending the electronic order the Purchaser agrees without any reservations with the:
(a) provisions of these Business Terms and Conditions, as amended and applicable on the date of sending the order; and
(b) valid price of the ordered goods on the date of sending the order, including transport charges
Complaint Rules Applicable to CDs, DVDs, LPs, cassettes and books
VI Contacts for the Purpose of Complaints:
1 If the Purchaser finds that the delivered goods are defective or damaged after delivery, they have to be sent back because of the claimed defect. Complaints shall be settled in accordance with the legal regulations, applicable in the Czech Republic at that time.
2 The Purchaser is obliged to send or to bring in person the claimed goods to the following address: MetalGate z.s., U Nikolajky 11, 150 00 Praha 5. Personal settlement of claims takes place on working days from 9 A.M. to 5 P.M.
3 Should the Purchaser send the goods complained of to the above mentioned address, he/she will do so by means of the Czech Post or another courier service, by way of a common parcel or by means of any mail service (such as PPL, DPD, etc.). If the claimed goods have been sent based on cash on delivery (C.O.D.), such consignment shall not be accepted by the Seller. The Seller recommends to insure and to pack properly the goods, as the Seller shall not be responsible for any possible damage or loss during transport and the goods might not have been accepted by the Seller because of the claim.
4 Possible complaint of the delivered goods shall only apply to the goods purchased from the operator of this Website.
5 Upon delivery of the ordered goods by the carrier, physically check the condition of the consignment and received goods. Any discrepancies or damages must be discussed immediately on the spot with the carrier and the identified circumstances recorded in the waybill (in case of the Czech Post produce the complaint report). In case of bigger damages the Purchaser shall not accept the consignment from the carrier at all and report this circumstance by phone or e-mail. Should the Purchaser sign for the carrier a faultless delivery of the consignment and no problem has been recorded, then the later claim shall not be acknowledged, because the goods are considered delivered in order and their physical damage only resulting after the proper delivery and acceptance of the consignment.
6 To apply the claim, submit the document confirming purchase of goods, description of the claimed defect and if possible, the undamaged original packaging (if the packaging is not the subject of the claim).
7 After the Seller’s assessment of the claim justification the Purchaser shall be sent the comments thereon and if the claim has been considered justified, the Seller shall send back the new goods or return to the Purchaser the money.
VIII Return of Goods (CDs, DVDs, LPs, cassettes and books)
1 Based on the applicable provisions of the Civil Code and the Consumer Protection Act, the Purchaser has the right to withdraw from the Purchase Contract, entered into by means of the Internet shop, within a period of fourteen (14) days and to return the goods.
2 If the Purchaser has decided to return the goods, he/she is obliged to send the undamaged goods back without any marks of use or wear, best of all, in the original packaging within the specified period (provided that the decisive date is the day of the return delivery to the Seller). The Seller shall return back the amount corresponding to the market price after receipt of the returned goods in the way agreed in advance, however, not later than within a period of thirty (30) calendar days.
3 The Purchaser is not allowed to withdraw from the Purchase Contract for supplies of audio and video recordings if the Purchaser has broken their original packaging and in the event the Purchaser is not considered consumer in accordance with the applicable legal regulations but bought the goods in question for the purpose of business (using his/her own ID №).
Complaint Rules for Tickets
IX Contacts for the Purpose of Claims:
Important Notice: Upon entering into the Purchase Contract in accordance with section 1837 letter j) of the Act No. 89/2012 Coll., Civil Code, as amended, the Purchaser has no right to withdraw from the Contract in accordance with section 1829 (withdrawal without giving any grounds for justification within a period of fourteen days) in view of that the Contract involves the contract for utilization of free time and compliance therewith is provided by a business person, i.e. the Event operator, within the specified time.
XI Complaint of the Printed Ticket
1 If the Purchaser finds that the supplied ticket has been damaged after delivery, the Purchaser has promptly to contact the Seller. The Purchaser shall contact the Seller by phone or e-mail and report damage to the thing.
2 The Purchaser is moreover obliged to:
(a) produce the photo documentation of the damaged ticket and to send it by e-mail to the contact address (see above); or
(b) send or personally bring the claimed ticket to the following address: MetalGate z.s., U Nikolajky 11, 150 00 Praha 5. Claims shall be settled on working days from 9 A.M. to 5 P.M.
3 Operator of this Website shall issue the ticket duplicate and send it to the Purchaser to the contact mentioned in the order or complaint e-mail. The original ticket becomes invalid and its duplicate shall be valid in consequence thereof.
4 In the event of danger in delay (when the time to send the claimed ticket is less than forty eight hours), the Seller shall replace the claimed ticket with its duplicate straight on the spot (venue of the Event).
XI Complaint of the Electronic Ticket
1 The Purchaser is not entitled to the ticket replacement. In the event of its damage, destruction, loss or another degradation the ticket shall not be replaced with the new one and the Purchaser shall not be granted a compensation.
2 The Seller shall not be responsible for the failed delivery of the ticket if the ticket has not been delivered to the Purchaser because of the Purchaser’s fault, namely, because the ticket could not be delivered to the Purchaser to his/her specified e-mail address (e.g. due to the overfilled box,, spam filter, etc.).
3 In the event the Purchaser has not received the ticket within twenty four (24) hours after payment of the admission in full, i.e. crediting the full ticket purchase price to the Seller’s account, the Purchaser is obliged promptly to contact the Seller, however, within forty eight (48) hours after elapsing of the a.m. time for delivery of the ticket, at the latest, and to notify the Seller that he/she has not received the paid ticket. For this purpose the Purchaser is obliged to inform the Seller of the name and e-mail mentioned upon purchasing the ticket as the contact, and/or identification data. In the event the Purchaser has found that the ticket has not been actually delivered to the Purchaser and the failure does not involve the case referred to in the foregoing paragraph 2 of these Complaint Rules and the Purchaser has concurrently informed the Seller that he/she has not been delivered the ticket within the specified time, the parties shall proceed in the following way:
4 The Seller undertakes to send once again to the Purchaser the ticket to the e-mail address specified by the Purchaser within twenty four (24) hours, however, not later than one (1) hour prior to the Event beginning.
5 If the Event is already over, the Seller undertakes to send to the Purchaser the admission ticket paid, within fourteen (14) days following the date, when the claim has been lodged by the Purchaser.
XII Recovery of the Admission (applicable to both printed and electronic tickets)
1 The Purchaser is entitled to claim recovery of the payment made for the ticket in the following cases and subject to the following terms and conditions only.
2 If the Event has been entirely cancelled by the Seller as its organizer, the Purchaser who gave to the Seller his/her contact data (such as e-mail address, telephone number, address, fax number, etc.) shall be notified by means of these contact data that the Event has been cancelled. The Seller shall not be responsible for that the Purchaser could not have been reached through these contact in due time or if the Purchaser has received the information on the Event cancellation with a delay.
3 Should the Seller as the organizer cancel entirely the Event as a whole, the Seller shall return in the below mentioned way the admission payment in full.
4 In the event the conditions for return of the admission payment pursuant to the paragraph above have been complied with, the admission payment shall be recovered by the Purchaser in full in case of:
(a) payment by bank transfer to the bank account, from which the admission payment has been sent;
(b) payment by the card, through which the admission payment has been made;
(c) payment in cash by returning the cash in the sales outlet, in which the transaction has been performed; and
(d) payment via the credit card by a refund to the Purchaser’s account.
5 Recovery of the full price of admission paid by the Purchaser shall take place not later than within fourteen (14) days following the date, when the Event has been cancelled.