Business Terms and Conditions

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of INTIMITY FESTIVAL, s.r.o., with its registered office at Myslíkova 1998/30, 120 00 Prague 2, identification number 23289911, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 424645 (hereinafter referred to as the “Seller”), regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll. , the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the seller on the website located at www.intimityfestival.cz (hereinafter referred to as the “website”) through the website interface (hereinafter referred to as the “store web interface”). By accessing the website www.intimityfestival.cz, the user agrees to comply with these terms and conditions of use of the website www.intimityfestival.cz (hereinafter referred to as the “terms and conditions of use”), as well as all valid and generally binding legal regulations of the Czech Republic.

1.2. The Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activities or within the scope of their independent professional practice.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the Terms and Conditions.

1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase agreement and terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.

1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

1.6. The Intimity Festival online store sells and distributes tickets to live events and souvenirs.

2. USE OF THE WEBSITE

2.1. The user acknowledges that by accessing the website www.intimityfestival.cz, they will comply with the terms and conditions, will not damage the good name of www.intimityfestival.cz through their actions, and will not use the website in a way that jeopardizes the security, integrity, substance, services offered, or content of the website and the privacy of user accounts.

3. LIABILITY OF THE INTIMITY FESTIVAL WEBSITE

3.1. The operator bears no responsibility for any damage incurred by the user as a result of following the content of the website www.intimityfestival.cz and in connection with the use of this website.

3.2. The operator may at any time without prior notice make any changes to the information and content on the website www.intimityfestival.cz, which shall take effect on the date of the change.

4. USER ACCOUNT

4.1. Based on the buyer’s registration on the website, the buyer can access their user interface. From their user interface, the buyer can order goods (hereinafter referred to as the “user account”). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

4.2. When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The buyer is obliged to update the information provided in the user account in the event of any changes. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.

4.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.

4.4. The buyer is not entitled to allow third parties to use their user account.

4.5. The seller may cancel a user account, especially if the buyer has not used their user account for more than one year, or if the buyer violates their obligations under the purchase contract (including the terms and conditions).

4.6. The Buyer acknowledges that the user account may not be available continuously, particularly with regard to necessary maintenance of the Seller’s hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

5. CONCLUSION OF THE PURCHASE AGREEMENT

5.1. All presentations of goods placed on the store’s web interface are for informational purposes only, and the seller is not obliged to conclude a purchase agreement for these goods. The provisions of § 1732 (2) of the Civil Code shall not apply.

5.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. This price of goods does not include shipping and handling, as these items vary based on the specific order, depending on the nature of the goods and the method of transport. The prices of goods remain valid for as long as they are displayed on the store’s web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated terms.

5.3. The store’s web interface also contains information about the costs associated with packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods listed in the store’s web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

5.4. To order goods, the buyer fills out an order form in the store’s web interface. The order form contains, in particular, information about:

5.4.1. the goods ordered (the buyer “places” the goods ordered in the electronic shopping cart of the store’s web interface),

5.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and

5.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).

5.5. Before sending the order to the seller, the buyer is allowed to check and change the information entered in the order, including the possibility for the buyer to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the “Order” button. The information provided in the order is considered correct by the seller.

5.6. Sending the order is considered an act of the buyer that unambiguously identifies the ordered goods, the purchase price, the buyer, the method of payment of the purchase price, and is a binding proposal of a purchase contract for the contracting parties. The condition for the validity of the order is the completion of all mandatory information in the order form, familiarization with these terms and conditions on the website, and confirmation by the buyer that they have familiarized themselves with these terms and conditions.

5.7. Immediately after receiving the order, the seller shall confirm its receipt to the buyer by e-mail to the buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “buyer’s e-mail address”).

5.8. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (e.g., in writing or by telephone).

5.9. The draft purchase contract in the form of an order is valid for fifteen days.

5.10. The contractual relationship between the seller and the buyer arises upon delivery of the order acceptance, which is sent by the seller to the buyer by email to the buyer’s email address.

5.11. If the seller is unable to meet any of the requirements specified in the order, they shall send the buyer a modified offer to the buyer’s email address, specifying possible order options, and request the buyer’s opinion.

5.12. The modified offer shall be considered a new draft purchase contract, and in such a case, the purchase contract shall be concluded upon acceptance by the buyer via email.

5.13. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer, and these costs do not differ from the basic rate.

5.14. Orders for event tickets are sent online only and cannot be picked up in person or sent by mail.

5.15. If the product is provided in the form of an electronic ticket, the following applies:

Tickets are provided in electronic form (e-ticket). The ticket is considered used after the QR code is scanned for the first time upon entering the premises.

After scanning the ticket, the visitor is issued a non-transferable identification wristband, which replaces the ticket and entitles them to enter and stay on the premises for the duration of its validity.

Visitors are required to wear the wristband securely fastened to their wrist at all times while on the premises and to present it upon request by the organizer or security service. A damaged, removed, or otherwise tampered with wristband is invalid and may result in denial of entry or expulsion from the premises without compensation.

The wristband is non-transferable; any attempt to transfer, counterfeit, or otherwise misuse it gives the organizer the right to invalidate the wristband and expel the person from the premises.

Unless otherwise specified by the organizer, the ticket entitles the holder to only one initial entry to the premises; repeated entry is only possible with a valid identification wristband.

6. PRICE OF GOODS AND PAYMENT TERMS

6.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:

A) Online, by credit card using a payment gateway

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

6.3. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.

6.4. The seller is entitled, especially if the buyer does not provide additional confirmation of the order, to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.

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

6.7. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer for payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The seller shall issue a tax document – invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer’s email address.

7. WITHDRAWAL FROM THE PURCHASE CONTRACT

7.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract, among other things

7.1.1. for the delivery of goods that have been modified according to the buyer’s wishes or for the buyer’s person

7.1.2. for the delivery of goods that are subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery

7.1.3. for the delivery of goods in sealed packaging which the buyer has removed from the packaging and which cannot be returned for hygienic reasons,

7.1.4. for the delivery of newspapers, periodicals, magazines, or other media, including data media,

7.1.5. the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case the buyer does not have the right to withdraw from the contract.

7.1.6. the purchase of tickets for an event, in the case of performance by the seller provided on a specified date.

7.1.7. Withdrawal from the contract is effective upon delivery within the statutory period. We recommend insuring returned goods. If the legal conditions for withdrawal from the contract are met, the buyer will be refunded the amount corresponding to the purchase price of the goods, reduced only by the actual costs incurred by the seller in connection with the return of the goods. The purchase price will be refunded to the consumer’s account no later than 30 days after withdrawal from the contract.

7.1.8. If the consumer decides to exercise their right to withdraw from the contract, they shall, together with their expression of will to withdraw from the contract (see above), return the goods in an undamaged, complete condition (instructions, warranty card, accessories), preferably including the original undamaged packaging.

7.1.9. The seller is entitled to demand compensation from the consumer for any reduction in the value of the item caused in particular by damage, incompleteness, etc. This does not affect the consumer’s right to withdraw from the contract without any penalty.

7.2. Unless it is a case referred to in Article 6.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods, and if the purchase contract covers several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

7.3. The buyer may withdraw from the purchase contract at the address of the seller’s registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of the withdrawal from the contract.

7.4. In the event of withdrawal from the purchase contract pursuant to Article 6.2 of the Terms and Conditions, the purchase contract is canceled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.

7.5. In the event of withdrawal from the contract pursuant to Article 6.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the purchase contract, using the same method by which the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer upon return of the goods by the buyer or in another manner, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been sent to the seller.

7.6. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.

7.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to the account specified by the buyer.

7.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement regarding such a gift shall cease to be effective and the buyer shall be obliged to return the provided gift to the seller together with the goods.

8. TRANSPORT AND DELIVERY OF GOODS

8.1. If the method of transport is agreed upon based on a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

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

8.3. If, for reasons on the part of the buyer, the goods must be delivered repeatedly or in a manner other than that specified in the order, the buyer shall be obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.

8.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. If the packaging is found to be damaged, indicating unauthorized access to the shipment, the buyer is not obliged to accept the shipment from the carrier.

9. RIGHTS FROM DEFECTIVE PERFORMANCE

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

9.2. The seller is liable to the buyer for ensuring that the goods are free of defects upon delivery. In particular, the seller is liable to the buyer for ensuring that at the time the buyer takes delivery of the goods:

9.2.1. the goods have the characteristics agreed upon by the parties, and in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and based on the advertising carried out by them,

9.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are normally used,

9.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

9.2.4. the goods are in the appropriate quantity, measure, or weight, and

9.2.5. the goods comply with legal requirements.

9.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, for wear and tear caused by normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.

9.4. The buyer shall exercise their rights arising from defective performance with the seller at the address of their place of business where it is possible to accept complaints with regard to the range of goods sold, or at their registered office or place of business. The moment of filing a complaint is considered to be the moment when the seller received the goods complained about from the buyer.

9.5. Other rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaint rules.

10. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

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

10.2. 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.

10.3. The seller handles out-of-court consumer complaints via the email address info@intimityfestival.cz. The seller shall send information about the handling of the buyer’s complaint to the buyer’s email address.

10.4. The seller is authorized to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant trade licensing office within its jurisdiction. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within a defined scope.

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

11. PROTECTION OF PERSONAL DATA

11.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

11.2. The buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as “personal data”).

11.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising the rights and obligations arising from the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses another option, they agree to the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition that would in itself prevent the conclusion of a purchase contract.

11.4. The buyer acknowledges that they are obliged to provide their personal data (during registration, in their user account, when placing an order via the store’s web interface) correctly and truthfully and that they are obliged to inform the seller of any changes to their personal data without undue delay.

11.5. The seller may entrust the processing of the buyer’s personal data to a third party as a processor.

11.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.

11.7. The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary.

11.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a manner that is contrary to the protection of the buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, they may:

11.8.1. ask the seller or processor for an explanation,

11.8.2. request that the seller or processor remedy the situation thus created.

11.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request reasonable compensation for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.

11.10 Audiovisual recordings may be made by the event operator at the Intimity Festival. These recordings are used to promote events organized by the operator on the Internet, social networks, and in print in other media. By purchasing a ticket to the event, you acknowledge this fact and agree to be captured in any audiovisual recording for the above-mentioned purpose.

Of course, we only select appropriate photos for publication. If you recognize yourself in any audiovisual or other recording from the Intimity Festival event and you find it unpleasant, please write to us at info@intimityfestival.cz.

12. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES

12.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer’s email address and further agrees to the sending of commercial communications by the seller to the buyer’s email address.

12.2. The buyer agrees to the storage of cookies on their computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing cookies on the buyer’s computer, the buyer may revoke their consent under the previous sentence at any time.

13. DELIVERY

13.1. Notifications concerning the relationship between the seller and the buyer, in particular concerning withdrawal from the purchase contract, must be delivered by registered mail, unless otherwise specified in the purchase contract. Notifications shall be delivered to the relevant contact address of the other party and shall be deemed delivered and effective upon delivery by post, with the exception of notifications of withdrawal from the contract made by the buyer, where the withdrawal is effective if the notification is sent by the buyer within the withdrawal period.

13.2. Notices that have been refused by the addressee, have not been collected within the storage period, or have been returned as undeliverable shall also be deemed to have been delivered.

13.3. The contracting parties may deliver ordinary correspondence to each other by e-mail to the e-mail address specified in the buyer’s user account or specified by the buyer in the order, or to the address specified on the seller’s website.

14. FINAL PROVISIONS

14.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This shall not affect the consumer’s rights under generally binding legal regulations.

14.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, it shall be 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. Amendments and supplements to the Purchase Agreement or Terms and Conditions must be made in writing.

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

14.4. The operator reserves the right to change the wording of the terms and conditions at any time, which shall take effect on the date of the change.

14.5. Seller’s contact details: registered office at Myslíkova 1998/30, 120 00 Prague 2, email address info@intimityfestival.cz.