Regulamin sprzedaży biletów

REGULATIONS ON ONLINE SALES OF ENTRANCE TICKETS
to the Museum of Modern Art in Warsaw
(in force effective April 1, 2021)

§ 1
Glossary


The terms used in these present Regulations shall have the following respective meanings:
1. Museum – the Museum of Modern Art in Warsaw [Muzeum Sztuki Nowoczesnej w Warszawie], with its registered seat in Warsaw (postcode: 00-124), at 3 Pańska St. [ul. Pańska 3], entered in the Register of Cultural Institutions kept by the Minister of Culture, National Heritage and Sports, under number RIK 58/2005, Business Identification No. [REGON]: 140187435, Tax Identification No. [NIP]: 525-234-18-32;
2. Regulations – these present Regulations on Online Sales of entrance tickets to the Museum of Modern Art in Warsaw;
3. System – ‘iKSORIS’, being the system of website sale of tickets;
4. Page – the sklep@artmuseum.pl website, used as a means of selling tickets by the System;
5. Purchaser – any natural person (incl. Consumer), legal person, or organisational unit without legal personality, using the System;
6. Ticket – entrance ticket, or ticket of admission, authorising to visit the specified exhibitions at the Museum, or to take part in a specified event held by the Museum.

§ 2
General provisions


1. The Regulations determine the rules of online sales of Tickets, with use of the System.
2. The condition of use of the System is to make oneself acquainted with the Regulations and accepting them. Such acceptance is, in parallel, the declaration of will that implies certain legal obligations between the Purchaser and the Museum.
3. The Purchaser shall be obligated to use the System in compliance with the Regulations and relevant laws in force.
4. Technical requirements necessary to cooperate with the System:
1) a device equipped with a Web browser and access to the internet;
2) electronic mail account (email address) available;
3) bank account offering online transactions.

§3
Tickets

1. The prices of Tickets and eligibility to discounts or free admission, are specified in the Museum pricelist available at: https://sklep.artmuseum.pl/index/cennik-biletow.html.
2. The prices of Tickets are given in Polish Zloty (PLN) and are inclusive of VAT.
3. The System enables purchase of Tickets selected from the Museum pricelist.
4. Online selling complements the stationary selling. Unavailability of a ticket via the System is not tantamount with such unavailability at the Museum ticket office/desk.
5. The validity date is specified on each ticket.
6. The ticket is used by being produced to the Museum staff member at the entrance to the gallery/exhibition or through verification by a mobile appliance. Holders of discount tickets are obliged to produce to the Museum staff members the document(s) confirming the eligibility to such discount, together with the ticket(s), on the day of visit.
7. A discount ticket produced without an eligibility confirmation document shall not be accepted or returnable. In such a case, conditional upon the Purchaser’s decision, the Museum reserves the right to refuse him/her the entrance to the exhibition or event, or to charge a complementary fee up to the amount of the regular ticket price.

§4
Purchase of tickets

1. The order is placed by taking the following steps on the System’s subpages:
(1) select exhibition or event, type and number of tickets;
(2) appropriately fill out the mandatory fields in the Order Form or set up the User Account;
(3) check the inserted data and order details for correction;
(4) submit your declaration of acceptance of the terms-and-conditions of the Regulations;
(5) place the order by clicking the ‘PAY’ option;
(6) go to the payment page.
2. The Purchaser who has filed the order shall receive, at the email address s/he has specified, a note of the order having been created.
3. The Museum reserves the right to determine the limit of number of tickets available for the specified events, or within a single order, should this be determined by the character of the event and by a limited number of tickets available.
4. Optionally, an order may be recorded without being paid. In such a case, the Purchaser shall be obligated to pay the order within the maximum of four (4) hours of its creation. Failure to do so in a timely fashion shall cause automatic removal of the order. In case of such removal, the Purchaser shall receive, at the address s/he has specified, a message shall automatically be sent stating that the order has been cancelled.
5. The Purchaser shall pay for the created order using the payments page, which is an external page, not operated by the Museum.
6. The payment related to one order should be made on a one-off basis.
7. The Museum shall bear no consequences related to any irregularities in the functioning of the bank that has been indicated by the Purchaser upon making the payment.
8. The Museum shall issue invoices on the Purchaser’s demand, should such a demand have been requested by the Purchaser by choosing the option ‘Please send me the VAT invoice’ upon placing the order and by giving complete and correct details necessary for the invoice to be issued. The invoice shall be issued after the payment has been made.
9. By going for the option ‘Please send me the VAT invoice’ the Purchaser has given his/her consent for receiving the invoice, in an electronic form, to the email address indicated. Such consent shall not exclude the Museum’s right to issue and send the invoice in paper form.
10. The Museum shall not be held responsible for the Purchaser having given untrue or erroneous details as otherwise indispensable for the issuance of a VAT invoice.
11. The order shall be processed after the receipt of payment confirmation from the PayU system.
12. Acceptance of payment and processing of the order shall be confirmed by the email message automatically generated by the System and sent to the Purchaser’s address, containing the purchased Tickets saved in a PDF-formatted file.
13. The cost of data transfer done in order to download the email message shall be borne by the Purchaser, in accordance with the tariff imposed by his/her operator.
14. The Museum shall bear no responsibility for the effects of sharing by the Purchaser of order details to any third party, whatsoever. Rendering the Ticket available to a third party implies the risk that such a party or person may make use of such a Ticket. The Museum shall accept the Ticket from the person who, in such a case, is the first to report at it.
15. The Museum shall not be held liable for the Purchaser’s annulment or failure to receive notices sent thereto.

§ 5
Complaints

1. Any questions, remarks, comments, and/or complaints related to the purchase and processing of Tickets ought to be sent by email to the address sklep@artmuseum.pl.
2. Complaints may be submitted within fourteen (14) days of the event causing the complaint. Upon submittal of complaint, the Purchaser should specify:
(1) the order concerned,
(2) the reason behind the complaint, and a description of the latter;
(3) contact details.
3. The Museum shall consider the submitted complaint within fourteen (14) days of its receipt. The Customer shall be notified of the complaint’s consideration at the email address s/he has indicated. If the complaint relates to a payment made via an external page, the consideration period may be extended, of which the Museum shall forthwith notify the Customer at the email address, also specifying the new timeframe not to be in excess of thirty (30) of the complaint date.
4. In the event of failure to consider the complaint within the timeframe specified in clause 3, the complaint shall be considered justified.
5. Complaint accepted, the Customer shall have the right to another Ticket or to have the amount paid reimbursed. Such reimbursement is made by transfer to the account number indicated by the Purchaser.
6. The Museum shall not be held responsible for improperly submitted complaints, which in particular might include giving incorrect or untrue details by the Purchaser.

§6
Returns

1. For purchases of entrance tickets to permanent and temporary exhibitions with no specified entrance date, the Purchaser may withdraw from the agreement without giving the reason, within fourteen (14) days of transaction.
2. Withdrawal from the agreement and return of Tickets ought to be reported on electronically to the email address sklep@artmuseum.pl. The Purchaser should specify the details enabling to identity the transaction concerned, including, as a minimum:
1) number of order,
2) first name and surname,
3) email address, and,
4) telephone number.
3. Withdrawal from the agreement and refund is only possible if the Ticket has not been used.
4. Reimbursement of the amount paid shall be made by transfer to the bank account from which the Ticket(s) has/have been paid or to the account indicated by the Purchaser. The Museum shall not be held liable for the Purchaser’s having given incorrect or untrue details.
5. The Tickets purchased shall not be replaceable by any other ticket or admission to any other date of the event concerned.
6. The Museum hereby informs that the right to withdraw from the Ticket sale agreement shall not be vested in the Purchaser, including one being a customer, for Tickets of admission with the specified date/time, Tickets to educational events (workshops, training sessions, walks, etc.) or cultural events (such as e.g. concerts or performances).

§7
Information clause

1. The personal data is administered by the Museum of Modern Art in Warsaw, ul. Pańska 3, 00-124 Warszawa [Warsaw, Poland]. The administrator is contactable at the email address: iod@artmusuem.pl or by ‘snail’ mail, at the registered office address specified above. The administrator has appointed an inspector for the protection of personal data––namely, Ms. Agnieszka Kosela.
2. The data is only meant to be processed for purposes related to the processing of the commodity sale agreement, including the handling of the placed order, issuance of the financial document, complaint handling, and financial reporting.
3. The legal basis of personal data processing is taking the necessary action for the entering into and performance of a sale agreement/contract, in line with Article 6, clause 1(b) of the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 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 ‘GDPR’]).
4. The personal data may only be rendered available to the persons by whose intermediation the Seller processes the order (parcel services), in the adequate scope.
5. The collected data may be shared with the entities processing personal data on commission on the Seller, including, inter alia, entities handling information technology systems related to the operation of the Store and financial reporting, any such entity to process the data pursuant to the agreement with the Seller and exclusively in line with the Seller’s orders.
6. The personal data shall be stored during the life of the agreement as well as afterwards, in order to assert and pursue claims related to the performance thereof, fulfilment of the duties based on the applicable laws and regulations, tax/fiscal and accounting ones in particular, prevention of abuse and fraud, and for archiving purposes, for not longer than seven (7) years of the conclusion of performance of the agreement, unless the separate regulations specify otherwise.
7. Every person shall have the right to access the data and receive a copy thereof, demand that data be rectified, or its processing restricted.
8. Every person shall furthermore have the right to transfer personal data, receive from the Seller personal data in a commonly applied electronic format, transferable, if need be, to another administrator.
9. In order to enjoy the above rights, the first step is to contact the Seller.
10. The right shall be vested in every person to file a complaint to the President of the Personal Data Protection Office.
11. Whereas giving the data is voluntary, it shall be indispensable for placing and processing the order.
12. For a detailed privacy policy, consult at: https://sklep.artmuseum.pl/index/polityka-prywatnosci.html.

§8
Final provisions

1. Prior to visiting the Museum, you should check whether on the selected date the Museum is due to be open for visitors. The Museum publishes on its website (artmuseum.pl) the information on its opening hours and temporary exclusion of individual objects from visiting. The Museum stipulates the option to cancel a service should it be necessary to close an individual gallery/galleries for a reason beyond the Museum’s control, or due to temporary closure. The Ticket price as paid by the Customer shall be reimbursable; the Purchaser to request the reimbursement at: sklep@artmuseum.pl.
2. During the visit to the Museum, the visitor shall be obligated to observe the Rules-and-Regulations of visiting the Museum of Modern Art in Warsaw, available at: https://artmuseum.pl/pl/news/nowy-regulamin-zwiedzania and at the facility itself, or else s/he may have to leave the Museum area without being entitled to request the Ticket reimbursement.
3. The Museum hereby stipulates the right to modify or amend these Regulations at any moment, with the proviso that the wording of the Regulations shall remain binding for the Parties thereto as at the moment of sale of the Ticket.