Terms and Conditions

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the Gate of Jihlava, a contributory organization, with its registered office at Jihlava, Divadelní 1365/4, ID No.: 09718044, registered in the Commercial Register maintained by the Regional Court in Brno, file No. Pr 2119 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract"), the subject of which is in particular the sale of tickets and gift vouchers for cultural events, social, educational and other events and the sale of other additional services or goods (hereinafter referred to as "goods" or "subject of purchase") concluded between the Seller and another natural or legal person (hereinafter referred to as "Buyer"), inter alia, through the Seller's online shop. The online shop is operated by the Seller on the website located at www.dojihlavy.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating 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 the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.

The Seller may change 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.

The Seller shall not be liable to the Buyer for any damage caused by the unavailability of the web interface of the shop; the Buyer is entitled to contact the Seller at its registered office in any other commonly available way in case of unavailability of the website.

Based on the buyer's registration made on the website, the buyer can access their user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.

When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is 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 third parties to use the user account.

The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 24 months or if the Buyer breaches his/her 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 shop is informative 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 shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

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

To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

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 following addresses: the Tourist Information Centre Jihlava - Gate of the Mother of God, Věžní 4785/1, Jihlava; the Tourist Information Centre, Matky Boží 1243/22, Jihlava; Jihlava Underground, Hluboká 109/1, Jihlava; Gustav Mahler House, Znojemská 1089/4, Jihlava;

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

• by wire transfer to the Seller's account No. 6002394389/0800, maintained at Česká spořitelna a.s. (hereinafter referred to as the "Seller's account");

• cashless via the KB Smart Pay payment system;

• cashless by credit card. 

• The different payment methods are offered and accepted according to the current availability, or according to the specific transactions. The buyer respects the options offered in the web interface of the shop.

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

In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 14 days of 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 variable symbol of the payment. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account. The Seller shall inform the Buyer of the payment of the price by sending an electronic communication message to the email address provided by the Buyer in the registration form. 

The Seller is entitled to demand payment of the full purchase price before the goods are shipped to the Buyer. Section 2119(1) of the Civil Code shall not apply.

Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address.

According to the Sales Records Act, 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 case of technical failure, within 48 hours at the latest.

The provisions of this Article shall apply only to cases where the purchase contract is concluded between the Seller and a Buyer who meets the characteristics of a consumer pursuant to Section 419 of the Civil Code (hereinafter referred to as "Consumer"). If the Buyer is not a consumer, the provisions of this Article shall not apply.

The Consumer acknowledges that:

• (a) According to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods which have been modified according to the wishes of the purchaser or for his person, a contract for the supply of perishable goods and goods which have been irretrievably mixed with other goods after delivery, among other things, may not be rescinded, from a contract for the supply of goods in sealed packaging which the Consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.

• b) if the subject of the purchase contract is the sale of tickets, then, for the reason set out in Section 1837(j) of the Civil Code, he cannot withdraw from the purchase of a ticket in accordance with Section 1829 of the Civil Code (i.e. the option to withdraw from the contract within 14 days without giving a reason, which is otherwise available in general for other purchases via the Internet), since in this case it is a contract for the use of leisure time and the performance (participation in the event to which the ticket entitles) is provided at a specified date or time. Therefore, the law does not provide the customer with the possibility to withdraw from the contract in the manner indicated.

Unless it is a case referred to in Article 5.2 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the Consumer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Consumer may use the sample form provided by the Seller, which is an annex to the Terms and Conditions. The Consumer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address office@branajihlavy.cz.

In the event of withdrawal from the Purchase Contract pursuant to Article 5.3 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The goods must be returned by the Consumer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Contract to the Seller. If the Consumer withdraws from the Purchase Contract, the Consumer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

In the event of withdrawal from the Purchase Agreement pursuant to Article 5.3 of the Terms and Conditions, the Seller shall return the funds received from the Consumer within fourteen (14) days of the Consumer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Consumer. The Seller shall also be entitled to return the performance provided by the Consumer already upon the return of the goods by the Consumer or in another way, provided that the Consumer agrees to this and no additional costs are incurred by 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 the Seller or proves that he has sent the goods to the Seller.

The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Consumer's claim for reimbursement of the purchase price.

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

If a gift is given to the Consumer together with the goods, the gift contract between the Seller and the Consumer is concluded with the condition that if the Consumer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Consumer shall be obliged to return the gift to the Seller together with the goods.

In the event that the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method 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 delivery of the goods upon delivery.

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

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 immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.

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

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

The buyer can specifically exercise his/her rights under the liability for defects in goods in person at the address of the Gate of Jihlava, contributory organization, Divadelní 1365/4, 586 01 Jihlava, by phone at 565597550 or by e-mail at office@branajihlavy.cz

The Buyer shall inform the Seller which right of defective performance or quality guarantee he has chosen when notifying the defect or without undue delay after notification of the defect. In transit, the goods should be packed in suitable packaging to prevent damage and should be clean and complete. If the Buyer exercises a right arising from a defective performance, the other party shall confirm to the Buyer in writing when the right was exercised, what is the content of the claim, the method of settlement of the claim requested by the Buyer, the date and method of settlement of the claim, the performance of the repair, the duration of the repair and, if applicable, the written justification for the rejection of the claim.

The Seller is not the organizer of the individual events for which tickets are sold, unless this is explicitly stated in the offer of sale of the respective tickets. The Seller sells and distributes tickets for individual events on behalf and for the account of the event organiser, on the basis of a mandate given in the contract with the organiser. The purchase of a ticket for an event creates a direct legal relationship between the purchaser as the customer who buys the ticket and the organiser of the event who sells the ticket. Therefore, all claims of the buyer related to the purchased ticket and the buyer's right to attend the event for which the ticket was purchased are always directed against the organizer of the Event and not against the seller.

The Seller shall not be liable in any way for the holding of any of the events that it does not organise itself or for the fact that the event will not be held, nor shall it be liable for any change in the events or their dates or venues, nor shall it be liable for their course, for any events that may occur at the events or for anything that may have its origin in these events. The Seller shall not be liable for any damage or any other injury suffered by the Buyer or any third party in connection with the Event. In particular, the Seller shall not be liable for any expenses incurred by the Buyer in connection with the Event, its modification, cancellation, holding or non-holding. All claims must always be made with the relevant event organiser.

In connection with entry to a specific event, the buyer is always obliged to follow the rules set by the organizer of the event. The buyer is also obliged to comply with the operating and visitor regulations of the venue of the event.

The organiser of each event reserves the right to change the programme, date and venue. By purchasing a ticket, the purchaser as a customer acknowledges this right of the organizer.

The Seller is in no way responsible for the validity and authenticity of tickets purchased outside our sales network. 

Purchased tickets are not exchangeable. In the event of damage, destruction, loss or theft of the ticket, the ticket will not be replaced and no refund will be given.

In the event of a complete cancellation of the event by the organizer, the seller will only refund the admission fee up to the amount of funds provided to the seller by the organizer for this purpose, as the seller in this case acts only on behalf and on behalf of the organizer of the respective event. To the extent that the Buyer's claims are not satisfied in this way, the organiser of the cancelled event shall be solely liable.

A gift voucher is a form of security with a specific monetary value that can be used to pay for services or goods. If a gift voucher is lost, it cannot be replaced in any way and the receipt of purchase cannot be accepted as a replacement. Forgery and alteration of gift vouchers is prohibited and punishable under applicable Czech law.

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

Each gift voucher is stamped with the date of issue or expiry date, unique code and value. If it does not contain these details, it is not valid. The Buyer is obliged to check the details of the gift voucher immediately upon receipt and report any discrepancies to the Seller immediately.

The printed gift voucher can be purchased at the premises managed by the Seller - Gustav Mahler House, Znojemská 4; Jihlava Underground, Hluboká 1, Gate of the Mother of God, Věžní 1, Tourist Information Centre, Matky Boží 22 (hereinafter referred to as "thepremises").

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

The Seller shall issue an electronic gift voucher to the Buyer 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 any bank charges to the Seller's bank account.

The printed gift voucher can be redeemed at the Seller's managed establishments. An electronic gift voucher is intended to be redeemed online on the Website.

The gift vouchers are intended only for the purchase of services and goods in the Provosky.

Gift vouchers are transferable to a third party.

The gift voucher is redeemed by physically handing it over directly at the Operations or by using a one-time unique code on the website.

A gift voucher can only be redeemed once and for the full amount of its value, i.e. it cannot be staggered; 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 will not be refunded. If the value of the goods purchased is higher than the value of the gift voucher, the difference must be made up. The gift voucher cannot be redeemed against cash.

Gift vouchers can be added together. The buyer may 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 first person to redeem it.

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

The validity of the gift voucher is limited to 365 days from the date of its issue; upon the expiry of the validity period of the gift voucher, the right associated with it shall cease forever without compensation. Gift vouchers cannot be extended. If the gift voucher is not redeemed within the specified period, the gift voucher shall be forfeited without refund.

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

The unique code of the gift voucher must be protected, its use will no longer 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 any 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) of a gift voucher purchased outside the Seller's business premises, i.e. purchased through the website under the conditions set out in Article 5 of these Terms and Conditions. Gift vouchers purchased in the Seller's Offices and other business places cannot be returned.

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

Consumer complaints are handled by the Seller via the electronic address office@branajihlavy.cz. The Seller sends information about the handling of the Buyer's complaint to the Buyer's electronic address.

The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from purchase contracts. 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.

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

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

The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EC) 2016/679 of the European Parliament and of the Council on the protection of natural persons 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 the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.

The Buyer agrees, in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to the sending of commercial communications by the Seller to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document.

The Buyer may be served at the Buyer's electronic address.

If the relationship established by the purchase contract contains an international (foreign) element, 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 or becomes invalid or ineffective, the invalid provision 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.

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 law, which cannot be derogated from by the contractual agreement of the parties, are not affected.

The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

A sample form for withdrawal from the purchase contract by the consumer is attached to the Terms and Conditions.

Seller's contact details: delivery address Brána Jihlavy, příspěvková organizace, Divadelní 1365/4, 586 01 Jihlava, e-mail address office@branajihlavy.cz, telephone 565597551.