Terms and conditions valid from 6th of January 2023
of the National Theatre, an organisation partly financed from public budgets, address: Ostrovní 1, 112 30 Praha 1, Czech Republic, Reg. No.: 00023337, Tax Reg. No.: CZ00023337 (the Memorandum of Association of the National Theatre, issued by Decree of the Minister of Culture No. 29/2012, as at 5 June 2012), for sales of tickets, subscription, and other services and goods (collectively “products”), through the internet shop placed on the internet address www.narodni-divadlo.cz and through points of sale of the seller (hereinafter referred to as the “seller’s box offices”).
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the National Theatre (hereinafter referred to as the “Seller”), an organisation partly financed from public budgets, address: Ostrovní 1, 112 30 Praha 1, Czech Republic, Reg. No.: 00023337, Tax Reg. No.: CZ00023337,stipulatein compliance with the provisions of Section 1751, Clause 1 of Act No. 89/2012, the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations between the Buyer and the Seller (hereinafter also referred to as the “contracting parties”) arising in connection with or on the basis of a contract of purchase (hereinafter referred to as the “contract of purchase”), concluded between them through the Seller’s internet shop (hereinafter referred to as the “internet shop”) or at the Seller’s box offices. The internet shop is run by the Seller on the website placed located at the internet address https://www.narodni-divadlo.cz/en with the transition from the initial phase of booking, ordering and purchasing into the web purchase cart of ColosseumTicket reservation and sales system, operated by Perfect System, s. r. o. (hereinafter referred collectively “website”). The website also contains information about Seller's box offices, and entities related to sales, as well as other information about the Seller's activities.
1.2. The Seller also offers tickets and other types of products through authorised dealers acting on the basis of a contract of mandate concluded with the Seller. In some respects, the terms and conditions of the authorised dealers may differ from the Terms and Conditions of the Seller. When purchasing its products, the Seller recommends that the Buyers acquaint themselves with the terms and conditions of the authorised dealers and the possibilities of purchasing products from them.
1.3. The Buyer is either a consumer (always a natural person), or an entrepreneur (a natural or a legal person). The consumer is a person who beyond the framework of his/her business activities or beyond the framework of the independent performance of his/her occupation enters into a contract of purchase with the Seller or deals with the Seller in another manner. The entrepreneur is a person who independently performs, to his/her own account and at his/her own liability, an earning activity as a business person or in a similar manner with the aim to do so systematically with a view to gain profit. For the sake of consumer protection, an entrepreneur is also considered to be every person entering into contracts relating to actual business, manufacture or similar activities and/or to the independent performance of his/her occupation, or a person who acts on behalf or at the expense of a business person. If the Buyer states in the purchase order his/her Reg. No., the Buyer thereby acknowledges that the Seller considers him/her to be an entrepreneur.
1.4. By submitting a purchase order, the Buyer confirms to have acquainted himself/herself with the Terms and Conditions prior to entering into a contract of purchase.
1.5. The Buyer is aware of the fact that purchasing the products offered for sale by the Seller does not give rise to the Buyer’s right to use registration trademarks, commercial names, corporate logos, etc. of the Seller or third parties, unless in a specific case stipulated otherwise in a separate contact.
1.6. When using the entire electronic content (hereinafter also referred to as the “original works in electronic form”), the Buyer is obliged to comply with the obligations set by the legal regulations stipulating original, copyrighted works and the specific licence terms and conditions pertaining to the respective product. Should the Buyer breach such obligations, he/she is obliged to compensate for the damage that may incur, and such conduct may also have criminal consequences. The Buyer is entitled to use all the works in electronic form, as well as the other original works, solely for his/her personal needs, unless stipulated otherwise in the licence terms and conditions. The Buyer is not entitled to copy the electronic content and, as in the case of all the other original works, reproduce it in another manner, nor is the Buyer entitled to make from it transcripts and clippings, and otherwise handle it at variance with copyrights, other legal regulations and/or the licence terms and conditions pertaining to the respective product. Access to the electronic content may be denied or the licence may be deactivated in the event that the electronic content has been obtained as a result of an unlawful conduct. This provision of the Terms and Conditions also applies to the electronic content which the Seller has provided to the Buyer as a present or gain prize.
1.7. The provisions of the Terms and Conditions form an integral part of a contract of purchase. The provisions discrepant from the Terms and Conditions may be stipulated in the contract of purchase. The differing provisions in the contract of purchase take precedence over the provisions of the Terms and Conditions.
1.8. The Seller may modify or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations that arose during the time of operation of the previous wording of the Terms and Conditions.
1.9. In the event that a person wins a prize in a competition (game) organised by the Seller (hereinafter also referred to as the “Promoter”), this prize-winner is obliged to collect the prize within 30 calendar days from the day on which the results of such a competition have been announced. The manner of announcing the results shall be determined by the Seller when announcing the rules of the competition. The prize-winner’s title to receive the prize shall become null and void after this period of time has expired, and the prize shall be forfeited for the benefit of the Promoter. Claims pertaining to the competition (game) cannot be recovered.
1.10. The “ordinary ticket” is a ticket printed at a box office of the Seller or at a point of sale of its authorised dealer. The “e-ticket” is a ticket that the Buyer receives in the PDF format so as to download or print it himself/herself, always following reservation and payment through the internet shop of the Seller or its authorised dealers. When entering the theatre, the customer shows a valid ticket.
1.11. An ordinary ticket or an e-ticket can also be issued for online performances, subscriptions, ticket packages, ND+ programs, tours, or catering services inseparably tied to a ticked, the National Theatre Benefactors' Club and its programs, as well as CHAIRity - Your seat at the Opera or possibly other products. When purchasing a subscription, only an entire subscription group can be purchased. Individual performances within a subscription group cannot be purchased. Also, when purchasing a ticket package, only the entire package can be purchased, nevertheless the Buyer is free to choose from the performance dates offered. Catering services are inseparably tied to a ticket purchase catering orders are binding, meaning that catering orders cannot be cancelled. Additional information concerning CHAIRity - Your seat at the Opera can be found on www.narodni-divadlo.cz/en/chairity-your-seat-at-the-opera. More information concerning the National Theatre Benefactors' Club and its program can be found on www.narodni-divadlo.cz/en/benefactors-club.
1.12. When e-tickets are purchased for an online performance, the e-tickets are sent to the Buyer only by e-mail (i.e. no printed tickets can be purchased). Together with the tickets, the Buyer shall receive a link to watch the performance online. Online performances are broadcast via YouTube and Vimeo platforms. Information concerning the functions of digital content (online performances) and its compatibility with technical and program devices is described in Article 11 below.
1.13. The regular operation time of the internet shop is 24 hours a day, 7 days a week. The Buyer acknowledges that the User Account need not be accessible at all times, mainly with regard to the necessary maintenance of the hardware and software of the Seller, or the necessary maintenance of the hardware and software of third parties.
2. PERSONAL DATA AND GDPR
2.1. On the basis of the Buyer’s registration carried out on the website, the Buyer is granted access to his/her user interface (hereinafter referred to as the “User Account”). The user interface makes it possible for the Buyer to put products into the online shopping cart and select the manner of delivery and payment of the products. Depending on its operation possibilities, the time of purchase and the set terms and conditions, the Seller offers different manners of delivery and payment pertaining to different types of products, or requires different scopes of registration from the Buyer.
2.2. When registering on the website and ordering and purchasing products, the Buyer shall only state correct and truthful personal information and notify the Seller of any changes thereof. The Buyer confirms that the personal data provided are accurate and truthful. The Seller shall be authorized to delete any incorrect or false personal data. In case of any change of personal data (e-mail address, address, phone number etc.), the Buyer shall notify the Seller via e-mail firstname.lastname@example.org. The Buyer's contact information shall, among other things, serve to mail latest information related to attending performances.
2.3. The Seller is entitled to cancel the User Account or limit access to it, mainly in the event that the Buyer has not used the User Account for a period of time exceeding two years, and in the event that the Buyer has breached the Terms and Conditions and his/her obligations arising from the contract of purchase.
2.4. Personal data processing principles are specified in a separate document titled Personal Data Processing and Protection Policy https://www.narodni-divadlo.cz/en/tickets-and-subscriptions/gdpr. Information concerning personal data processing in relation to purchase of subscription tickets can be found under 10.5. below.
2.6. Without the need of further warning, any person entering the theatre consents that their image or portrait may be used, free of charge, as a part of any visual recording, broadcast or reproduction of any performance for commercial or promotional purposes as a part of showing the entire auditorium or a part thereof, corridors, foyer or other premises of the theatre in relation to the theatre by the promoter of the event and its contractual partners. By purchasing a ticket, the Buyer consents to their image or portrait being used as per the preceding sentence.
3. CONCLUSION OF A CONTRACT OF PURCHASE
3.1. The entire presentation of products placed on the web interface of the internet shop is of an informative nature, and the Seller is not obliged to conclude a contract of purchase regarding these product items. The provisions of Section 1732, Clause 2 of the Civil Code are not applicable.
3.2. The web interface of the internet shop contains information about products. The prices of products are stated inclusive of VAT at the legal rate. The prices remain valid as long as they are displayed on the web interface of the internet shop. This provision does not prevent the Seller from concluding a contract of purchase under individually agreed terms and conditions.
3.3. When ordering and purchasing products in the internet shop, the Buyer mainly selects a product (puts it in the online shopping cart), the manner of payment (payment of the purchase price) and the data pertaining to the required manner of delivery, while confirming the information about the costs relating to the delivery of the products (hereinafter also referred to collectively as the “Order”). The Buyer shall be bound by their order by clicking the "Pay Now" button.
3.4. Prior to sending the Order to the Seller, the Buyer is allowed to check and modify the data entered in the Order, including the possibility to ascertain and correct the errors incurred when entering the data in the Order in the internet shop. The Seller considers the data stated in the Order to be correct. After receiving the Order, the Seller shall forthwith confirm the receipt of the Order via electronic mail sent to the address stated by the Buyer in the user interface (hereinafter referred to as the “Buyer’s email address”).
3.5. Depending on the character of the Order (the quantity, weight, purchase price, expected transportation and packaging costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order, with proposed modifications of the contractual terms and conditions and/or additional information (by email, telephone, in writing).
3.6. The contractual relationship (conclusion of contract of purchase) between the Seller and the Buyer is created on personal purchase of products (tickets, subscription, goods or other services) at the box office at the moment of payment; when purchasing from the internet shop, by reception of purchase order acceptance sent by the Seller to the Buyer by e-mail to the e-mail address of the Buyer.
3.7. The Buyer agrees to the use of remote communication means when concluding a contract of purchase. The costs incurred on the part of the Buyer when using remote communication means in connection with the entering into a contract on purchase (costs for internet connection, telephone calls, etc.) shall be covered by the Buyer, with these costs not differing from the basic rate (the Seller shall not charge any fees for these services).
3.8. E-ticket insurance: As an authorized agent of ERV insurance company, the Seller offers a commercial insurance of tickets against the inability to attend the performance to be taken out at the moment of purchasing the e-ticket. For insurance scope and exclusions see: https://www.narodni-divadlo.cz/en/about-sales/ticket-insurance.
4. PRICE AND PAYMENT TERMS
4.1. Price of products and costs related to delivery of products including VAT as per the contract of purchase can be paid by the Buyer to the Seller using the following means:
- a) payment in cash/by card at the Seller's box office;
- b) advance payment by bank transfer from any bank in the territory of the Czech Republic;
- c) payment by bank cards through a secured internet payment portal (so-called card online payment);
- d) payment in cash/card on delivery in the Czech Republic (Czech Post or other package delivery service - for purchase of goods, cash on delivery is possible only based upon an individual agreement between the Seller and the Buyer);
- e) invoice with an agreed maturity day;
- f) payment by gift cards.
4.2. The individual payment methods are offered and accepted according to availability, meaning according to the specific product and time of purchase. The Buyer shall accept the options available via the website UI and the online cart, especially when purchasing various kinds of products at the same time. Included in the cart information and the acceptance of the order by the Seller is the information concerning the collection point and time of collection of any goods or subscriptions paid in advance, respectively concerning collection points and collection times for tickets paid in advance. Any goods paid in advance (for example books, programmes, t-shirts etc.) can be collected personally from a goods collection point from 2 PM on the business day following the payment of the order or, in case of payment by bank transfer, following the crediting and verifying the payment on the Seller's account, normnally on the 3rd business day after payment. The goods shall be available for collection at the collection point (see 9.3 below for more information) for a period of six (6) months (see 6.9 bellow for more information). Selected items are also available at the box offices.
4.3. Tickets and subscriptions can be usually booked through the web interface or by telephone for later purchase, usually for a period of three (3) calendar days or five (5) calendar days for guided tours and seven (7) calendar days for individual tours. Booking is normally not possible during 48 hours preceding a performance and it is only possible to directly purchase tickets through the web interface, at the Seller's box offices and through authorized dealers. Earlier bookings are shortened in order to expire 48 hours prior to a performance.
4.4. The Seller reserves the right not to make it possible, permanently or temporarily, to reserve tickets for selected titles or performances and solely offer tickets for such performances in the direct sale mode. The Seller also reserves the right to cancel the already made reservations should it assess them as speculative, inappropriate or repeated, thus preventing the other possible theatre goers from purchasing or booking tickets. In the event that an e-ticket is handed over or given as a present to another person, the Buyer is obliged to warn the respective person that should a performance be cancelled the National Theatre merely returns money to the person who has purchased the ticket. Any other solution shall be possible only based upon an agreement between both parties.
4.5. In addition to the purchase price, the Buyer is obliged to pay the Seller for the costs pertaining to packaging and delivery of products. Unless stipulated otherwise, the purchase price and the costs pertaining to packaging and delivery of products are understood as VAT inclusive.
4.6 When paying by bank transfer, the Buyer shall specify a variable identifier of the payment. In case of wire transfer to bank account, the purchase price shall be deemed paid on being credited to the Seller's account.
4.7. In view of minimising the possibility of occurrence of losses and securing smooth supply, the Seller reserves the right to deliver to the Buyer goods or tickets, or to launch the performance of services only after the total purchase price has been fully paid, especially in the cases that the Buyer within a single order or/and within a single day has ordered products whose total value exceeds CZK 10,000, VAT inclusive, that it concerns goods whose stocks in the warehouse are small or goods whose availability is limited, that legal or other circumstances conduce the Seller to proceed in this way, that the Buyer fails to additionally confirm an Order (Article 3.5.). Such proceeding applies to the sending to the Buyer and payment in the form of payment on delivery, to payment against an invoice by an entrepreneur, whereby the Seller can at any time require an advance payment in the form of payment of a deposit invoice prior to the delivery of goods. The provisions of Section 2119, Clause 1 of the Civil Code are not applicable. For the same reasons, the Seller reduces the number of items purchased within a single sale transaction, usually limited to the maximum of 10 items. Orders over 10 items shall be possible only based upon a previous agreement between the Seller and the Buyer (when ordering tickets, the order must be sent to the Seller's e-mail email@example.com, when ordering goods, the e-mail is firstname.lastname@example.org).
4.8. Discounts on the price of products granted to the Buyer cannot be combined. Discounts are granted to specific buyer groups separately on tickets or, alternatively, discounts on all products may be granted during temporally limited promotional events. Ticket type and discount is normally printed on the ticket and theatre staff is entitled to ask the Buyer for a proof of the right to the applicable discount when entering the auditorium (age, loyalty program membership, applicable card etc.). If the entitlement cannot be proved, the Buyer has to pay the balance of the purchase price at the box office to be permitted to the auditorium.
4.9. If conventional in commercial relations or if stipulated in generally binding legal regulations, the Seller shall make out a tax document for the Buyer on the basis of a contract of purchase. The Seller is a VAT payer. The Seller shall make out a tax document and send it together with the goods ordered to the Buyer. The VAT rate differs in dependence on the nature of the purchased products, while in the case of some products the Seller is exempt from VAT, pursuant to Section 61, Letter e) of Act No. 235/2004, on value added tax, particularly in the case of tickets.
5. WITHDRAWAL FROM THE CONTRACT OF PURCHASE
5.1. The Consumer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code he/she is not entitled to withdraw from a contract of purchase concluded through the internet shop if it concerns a contract on:
- a) rendition of services that were already rendered in full; in case of paid service, only if the rendition of service started prior to the contract withdrawal deadline with the previous explicit consent of the consumer and the Seller notified the consumer prior to the conclusion of the contract that the right of withdrawal would expire on the rendition of the performance (for the purpose of the contract, notification shall include the provision to the consumer of these Terms and Conditions);
- b) supply of goods or service, the price of which derives from financial market fluctuations independent of the will of the Seller that may occur before the contract withdrawal deadline;
- c) supply of custom-made goods according to the customer's requirements or adjusted to the customer's individual needs;
- d) supply of highly perishable goods or early expiration date goods, as well as goods that were irreversibly mixed with other goods due to their nature after delivery;
- e) supply of goods in a sealed package that cannot be returned after the seal is broken by the consumer due to health or sanitary reasons;
- f) supply of audio or visual recording or a computer program in a sealed package, if the seal was broken by the consumer;
- g) supply of newspapers, periodicals or magazines, except of contracts concerning subscription for such items;
- h) transport of goods, catering or leisure activities if the contract stipulates that the performance should be rendered on a specific date or over a specific period (tickets, e-tickets);
- i) supply of digital content not supplied on a physical medium after the rendition of performance has started; in case of paid performance, if the rendition of the performance started prior to the expiration of the withdrawal deadline with the explicit consent from the consumer and the consumer was instructed about the expiration of the withdrawal right and provided a confirmation pursuant to Section 1824a subsections 1 and 2 of the Civil Code (confirmations pursuant to Section 1824a subsection 2 of the Civil Code is provided to the consumer through these Terms and Conditions for the purposes of the contract).
5.2. A consumer may withdraw from the contract of purchase unless the consumer is an entrepreneur or unless article 5.1 above applies or any other case, in which a contract of purchase cannot be withdrawn from, applies. In line with Section 1829 subsection 1 of the Civil Code, a consumer is entitled to withdraw from a contract of purchase concluded through the internet shop within fourteen (14) days from the day, on which the consumer or the consumer's agent other than a delivery company receives the goods or
- a) last piece of the goods if the consumer ordered multiple pieces of goods in a single order to be delivered individually;
- b) last item or a part of delivery of a consignment including several items or parts or
- c) first supply of goods if the contract concerns regular supply of goods over an agreed period.
The Buyer must notify the Seller of withdrawal from the contract of purchase by the deadline specified in the preceding sentence.
Withdrawal from the contract of purchase may be communicated in person, by telephone, in writing or by e-mail (see Article 9, Contact, collection and delivery points). In case of withdrawal from the contract, the consumer bears the costs related to returning of the goods. In order to facilitate and speed-up the contract withdrawal and related consequences, the Seller recommends delivering the withdrawal notice in person or by e-mail. The Buyer may use a template form attached to these Terms and Conditions to withdraw from the contract.
5.3 Booking products through the internet shop, by e-mail or electronically shall not be deemed conclusion of a contract of purchase. In such case, the contract of purchase shall be concluded at the moment of purchase of the products at the Seller's box office or from the Seller's authorized dealer based upon an earlier booking of the products. In case of booking, a consumer shall not be entitled to withdraw from the contract of purchase as per Section 1829 et seq. of the Civil Code.
5.4. Should the Seller allow the Buyer/entrepreneur to withdraw from a contract of purchase within the deadline of fourteen (14) days, the entrepreneur acknowledges that the purchase price that shall be returned to him/her shall be reduced by the amount corresponding to the value by which the price of the goods has been reduced.
5.5 In case of withdrawal from the contract of purchase as per Article 5.2 of these Terms and Conditions, the contract of purchase shall expire from the start. Goods must be returned to the Seller within fourteen (14) days from the Buyer's withdrawal from the contract. The deadline shall be met if the consumer sends the goods by the deadline. If the Buyer withdraws from the contract of purchase, the Buyer shall bear the costs of returning the goods to the Seller, even where the goods cannot be returned by regular post due to their nature. When withdrawing from the contract, the Buyer shall only be able to claim reimbursement for money paid for the transport at the lowest rate available.
5.6. In the event of withdrawal from a contract of purchase pursuant to Article 5.2 herein the Seller shall return the money received from the Buyer within fourteen (14) days from the day on which the Buyer has withdrawn from the contract, to wit, in the manner identical to the manner in which the Seller received the money from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, should the Buyer agree to it. If the Buyer withdraws from a contract of purchase, the Seller shall not be obliged to return the money to the Buyer before the Buyer has returned the goods.
5.7. The Seller is entitled to figure in compensation for the damage incurred to a product unilaterally against the Buyer’s claim to return the purchase price.
5.8. If along with a purchased product the Buyer is given a present, the deed of gift concluded between the Seller and the Buyer includes suspensive condition stipulating that in the event that the Buyer withdraws from the contract of purchase the deed of gift forfeits effect with regard to such a present and the Buyer is obliged to return the given present to the Seller together with the product.
5.9. The consumer shall pay a pro rata part of the purchase price in respect of any performance rendered up to the point of withdrawing from the contract , as long as the contract withdrawn from concerns rendition of services commenced prior to the withdrawal deadline based upon an explicit request from the consumer.
5.10. The Seller shall not buy back any tickets sold and shall not exchange them for any other tickets for whatever reason. On purchasing the tickets, it is the duty of the Buyer to check all information concerning the performance (event) or guided tour, for which tickets are purchased - place, date, time, seat, visibility from the applicable seat, price, applicable discount. Tickets purchased as a part of a subscription have an exemption, for which 1 time or 1 performance can be exchanged for another one as a benefit for subscribers based upon a previous agreement via email@example.com. No compensation shall be provided for any tickets lost.
5.11. Program and cast shall be subject to change (hereinafter jointly as "program change"). In case of a program change meaning that a different performance is played on the same date and time, provisions of paragraph 5.10 shall apply analogously. In case of a program change, the purchased tickets shall be valid for the substitute performance. In case of more substantial program changes, the Seller reserves the right to ask that the Buyer should exchange tickets at the Seller's box office to technically facilitate the exchange, free of charge (if such situation occurs, the Seller shall post the information concerning the ticket exchange on the Seller's website without undue delay, while also notifying the Buyer via the e-mail stated during registration). If the Buyer is not interested in the substitute performance, the situation may be resolved by individual agreement between the Seller and the Buyer. In such case, the Seller recommends that the Buyer should contact the Seller via the e-mail address firstname.lastname@example.org not later than fourteen (14) days from the date of the performance.
5.12. When a performance or guided tour is cancelled, the Seller shall automatically return any fee for the cancelled performance paid by the Buyer. Registered spectators (buyers), i.e. Buyers that may be directly contacted by the Seller, can be - together with the notification of performance cancellation - also offered to exchange the ticket for a performance or guided tour on a different day or for a different performance, gift card in the value equal to the fee or other service offered by the Seller. If the Buyer does not request any of the services offered pursuant to the preceding sentence within seven (7) days from being notified by the Seller of the cancellation of the performance or guided tour, the fee shall be automatically returned in respect of tickets paid online by card or bank transfer. In case of tickets purchased personally from a box office, any of the mentioned services may be used within seven (7) days from posting of the notice of the performance cancellation on the Seller's website, in each case personally through the Seller's box office. In such case, tickets can be returned and money can be received also at the Seller's box offices. If the Seller cancels a larger number of performances due to circumstances independent of the will of the Seller (e.g. force majeure, governmental order etc.), tickets can be returned or exchanged according to instructions posted on the Seller's website www.narodni-divadlo.cz within fifteen (15) days from the day of the occurrence resulting in the cancellation of the performance. If the Buyer prefers the Seller to keep the fee to support the Seller's future projects, the Buyer can contact the Seller via e-mail email@example.com and agree the details of such support with the Seller individually. If tickets are purchased as a part of a subscription, substitute date or performance is normally offered to spectators. Spectators are notified of the new performance by e-mail and text messages. Changes to subscription are posted on the website and published in the National Theatre magazine.
5.13. The Buyer acknowledges that whenever the contract of purchase concerns provision of digital content not supplied on a physical medium, the Buyer consents to the commencement of the rendition of the performance prior to the contract withdrawal deadline and acknowledges that by granting such consent, the Buyer's right to withdraw from the contract pursuant to Section 1837 clause l) of the Civil Code expires.
6. TRANSPORTATION AND DELIVERY
6.1. The Seller provides or mediates the following types of delivery and transportation of products:
- a) personal collection from the Seller's points of sale; this only includes tickets, goods can be collected only from the main box office of the National Theatre;
- b) delivery by post within the Czech Republic (including cash on delivery by the Czech Post or other package delivery company); cash on delivery is not available for goods or subscriptions;
- c) delivery by post outside the Czech Republic (goods cannot be sent outside EU due to customs policies);
- d) delivery through other contractual delivery partners of the Seller;
- e) electronic delivery (e-ticket, e-content).
6.2. The individual types of transportation and delivery are offered in dependence on the current availability, or in dependence on which type of service, goods or electronic content is concerned, or in dependence on the time of purchase. The Buyer respects the options offered in the web interface and the online shopping cart, especially as regards combined purchases of various types of products.
Information in the cart and the order acceptance by the Seller includes information concerning delivery and terms and options to collect goods and subscriptions paid in advance, respectively prepaid tickets.
6.3. If the type of transportation has been agreed on the basis of the Buyer’s special request, the Buyer shall bear the risk and possible additional costs connected with the respective type of transportation. Other types of delivery shall be possible only based upon an individual agreement between the Seller and the Buyer.
6.4. If pursuant to the contract of purchase the Seller is obliged to deliver the ordered goods to the place determined by the Buyer in the order, the Buyer shall be obliged to take over the goods upon delivery.
6.5. Should for reasons on the part of the Buyer the necessity arise to deliver the ordered goods repeatedly or in a manner different to that stated in the order, the Buyer shall be obliged to cover the costs incurred as a result of repeated delivery of the goods, or the costs incurred as a result of a different manner of delivery.
6.6. Immediately after the delivery, the Buyer is obliged to check the condition of the consignment (the number of parcels, intactness of packaging, external damage to the consignment). The Buyer is entitled to refuse to take over a consignment, which is not in compliance with the contract of purchase, i.e. when the consignment is incomplete or damaged. If the Buyer does take over a damaged or incomplete consignment, the Buyer must inform the Seller forthwith by email or by post. Subsequent complaints of the consignment’s being incomplete or damaged on the outside do no abridge the Buyer of the right to reclaim the consignment, yet the Seller is afforded the opportunity to prove that it does not concern a variance with the contract of purchase.
6.7. The deadline for the delivery of goods is usually within three (3) working days following their handing over to the hauler. The Buyer acknowledges that, in case of extraordinary circumstances independent of the will of the Seller, the mentioned period may be extended. Goods in stock are normally handed over to the hauler within 48 hours from the Buyer's order being paid, on weekdays.
6.8. Other rights and obligations of the parties pertaining to the transportation of goods may be stipulated in specific delivery terms and conditions of the Seller, if the Seller issues them.
6.9. If the Buyer fails to collect any goods purchased from a collection point specified in Article 9.3 within six (6) months from the moment of purchase, the goods shall revert to the Seller without any compensation due to the Buyer, unless the Buyer and the Seller agree on another time of collection of the goods via e-mail firstname.lastname@example.org.
7. DEFECTIVE PERFORMANCE AND COMPLAINTS
7.1. The rights and obligations of the contracting parties pertaining to faulty performance are governed by generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code, and Act No. 634/1992, on consumer protection, as amended by later regulations).
7.2. The Seller is responsible to the Buyer for the product being flawless upon its takeover. In particular, the Seller is responsible to the Buyer for the product meeting the following requirements at the time it is being taken over by the Buyer:
- a) the product features the properties that have been agreed by the parties, and if there is no such agreement, it possesses the qualities described by the Seller or its manufacturer, or the qualities the Buyer expected it to posses with respect to the nature of the product and in line with the advertising carried out by them,
- b) the product is suitable to serve the purpose that the Seller claims it is used for or the purpose for which the product of this type is commonly used,
- c) the product’s quality or design complies with that of the agreed sample or the model product, if the quality or design have been set according to the agreed sample or model product,
- d) the product is in the accordant quantity, dimension or weight,
- e) the product meets the requirements set forth in legal regulations.
7.3. The provisions stipulated in Article 7.2. herein are not applicable in the case of a product sold at a reduced price owing to a defect that has led to arranging the reduced price, wear and tear caused by its customary use, in the case of second-hand goods owing to a defect corresponding to the degree of use or wear and tear, which the product had upon its takeover by the Buyer, or if it does not result from the nature of the goods. The Buyer is not entitled to claim faulty performance if the Buyer was aware of the product being faulty prior to taking over of the product, or if the Buyer himself has caused the defect.
7.4. The Buyer may lodge a claim arising from faulty performance to the Seller at the main box office of the National Theatre (Národní 4, foyer of the New Stage, Prague 1). The moment of making a claim is considered to be the moment when the Seller receives the reclaimed goods from the Buyer. The Buyer is obliged to notify the Seller of a defect without undue delay after the Buyer has had the opportunity to detect it during a timely inspection and with sufficient care.
7.5. Consumers may lodge a claim also in writing by mailing it to the address of the registered seat of the Seller or using the e-mail email@example.com. If a complaint is logdged in writing or using the e-mail, the consumer shall be notified of complaint reception, of complaint resolution and its duration within three (3) business days. The Seller resolves all complaints without undue delay, in any case not later than within 30 days from the day of lodging the claim, unless the consumer and the Seller agree on a longer period.
7.6. Should faulty performance be admitted, the costs arising from the sending of the goods shall be reimbursed to the Buyer, with the money sent in the form of post remittance or to a bank account, as agreed between the parties.
7.7. The Seller shall notify the Buyer that it has settled the claim either by telephone or by email, or, if agreed, in writing.
7.8. Other rights and obligations of the parties pertaining to the Seller’s liability for defects may be stipulated in the Seller’s complaints regulations.
7.9. The Seller does not assume liability for damages arising from the operation of products, the functional properties and incompetent use of products, nor does the Seller bear liability for the damage caused by external circumstances and faulty handling. The defects of such origin are not covered by the granted guarantee.
7.10. Should faulty performance grossly breach the contract concluded between the parties, the Buyer is entitled to:
- a) rectification of the defect by means of being delivered a new, faultless product or by being delivered a missing product;
- b) rectification of the defect by means of having the product repaired;
- c) a commensurate discount on the purchase price;
- d) withdraw from the contract.
The Buyer shall inform the Seller of which of the above options he/she has chosen, in the event of having notified the Seller of the defect or without undue delay after notifying the Seller of the defect. The Buyer cannot change the option he has chosen without having received the assent from the Seller, yet this does not apply if the Buyer has required repairs of a defect that has proved to be irreparable. Should the Seller fail to rectify the defect within a reasonable period of time or should the Seller inform the Buyer that the defect shall not be rectified, the Buyer is entitled to require instead a commensurate discount on the purchase price or is entitled to withdraw from the contract of purchase. The Buyer (Consumer) is also entitled to be granted a commensurate discount in the event that the Seller cannot provide the Buyer with a new, faultless product, replace a part thereof or repair the product, as well as in the event that the Seller fails to secure rectification within a reasonable period of time or in the event that securing the rectification would cause the Buyer considerable difficulties. Should the Buyer fail to choose one of the aforementioned options in due time, he/she possesses the rights identical with those pertaining to a minor breach of the contract (see below).
7.11. If faulty performance constitutes a minor breach of the contract, the Buyer is entitled to have the defect rectified or to be granted a commensurate discount on the purchase price. At its own discretion, the Seller can rectify the defect either by repairing the product or by providing a new product. Should the Seller fail to rectify the defect in due time or should the Seller refuse to rectify the defect, the Buyer is entitled to require a discount on the purchase price or to withdraw from the contract. The Buyer cannot change the option he/she has chosen without having received the assent from the Seller.
7.12. The Buyer is also entitled to be provided with a new product or have a part thereof replaced in the case of a rectifiable defect, if the Buyer is not able to use the product owing to repeated occurrences of the defect following repairs or owing to a high number of defects. In such a case, the Buyer is entitled to withdraw from the contract.
7.13. Should the Buyer fail to inform the Seller of the defect in due time and without undue delay after the Buyer could have ascertained it if checked in time and sufficiently attended to it, the Buyer is not legally entitled to claim faulty performance. This also applies if the defect is hidden, if the defect has not been notified of without undue delay after the Buyer could have ascertained it if checked in time and sufficiently attended to it, yet no later than within two years following the taking over of the product.
7.14. The Buyer is not entitled to withdraw from the contract, nor is the Buyer entitled to require delivery of a new product, if the Buyer is not able to return the product in the condition in which he/she has received it (including accessories). This does not apply if:
- a) the condition of the product has resulted from the inspection with the aim to ascertain the product’s defect;
- b) the Buyer used the product prior to having ascertained the defect;
- c) the Buyer did not cause the impossibility of returning the product in an unchanged condition by his/her conduct or negligence;
- d) the Buyer has sold the product prior to having discovered he defect, if the Buyer consumed or modified the product while using it in the customary manner; if this has only occurred in part, the Buyer shall return to the Seller that which the Buyer can still return, and compensate the Seller to the extent to which the Buyer has profited from using the product.
7.15. In view of protecting the consumer rights of the Buyer, if the Buyer is a legal person and shall require repayment of a credit in cash, the respective amount shall only be given to such persons authorised to act on behalf of the legal person in question, i.e. a statutory body or a person who shall present an officially authenticated power of attorney.
7.16. The Seller does not bear any liability and does not avouch for the perception of the artistic value of the performance(s) or guided tours by the Buyer.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer becomes the proprietor of a product upon having paid the full purchase price.
8.2. In relation to the Buyer, the Seller is not bound to adhere to any codes of conduct in terms of the provisions of Section 1826, Clause 1, letter e) of the Civil Code.
8.3. For the sake of consumer protection, the National Theatre is considered to be an entrepreneur pursuant to Section 420, Clause 2 of the Civil Code. Its business activities are inspected by the competent trade-licensing office within the sphere of its authority. Personal data protection is supervised by the Office for Personal Data Protection. To a defined extent, the Czech Trade Inspection Authority performs, among other things, supervision of the adherence to Act No. 634/1992, on consumer protection, as amended by later regulations.
8.4. The Buyer has assumed responsibility with regards to the risks resulting from changed circumstances in accordance with Section 1765, Clause 2 of the Civil Code.
9. CONTACT, COLLECTION AND DELIVERY POINTS
9.1 The Seller provides telephone and e-mail support and help when purchasing products and information concerning products seven (7) days a week (Mon-Sun) between 10 AM to 6 PM, +420 224 901 448 and Bulk Sale department five (5) days a week (Mon-Fri) between 9 AM to 5 PM firstname.lastname@example.org for all products except for gifts that may be reached via email@example.com (Mon-Fri) 9 AM to 5 PM, +420 224 901 668. The Seller reserves the right to limit business hours in case of extraordinary circumstances, on holidays, due to technical reasons and during the summer holiday.
9.2. Collection points for the tickets ordered in the internet shop are all box offices of the Seller, during their regular operation time, including evening box offices of the Seller, and the points of sale of authorised dealers.
9.3. Collection point for goods ordered through the internet shop is located at the main box office of the National Theatre at the New Stage foyer, Národní 4, Mon-Fri 9 AM to 6 PM, Sat-Sun 10 AM to 6 PM (business hours specifically for the collection of goods ordered via the internet shop).
9.4. Selected articles can be purchased even without a previous payment through the internet shop directly at the Seller's box offices Mon-Fri 9 AM to 6 PM, Sat-Sun 10 AM to 6 PM, at the main building of the National Theatre at the New Stage foyer, Národní 4, or at the box office of the State Opera, Legerova 75. The Buyer acknowledges that the items available at the box offices can differ from the range offered through the internet shop. We recommend to check current business hours of the box offices on the National Theatre website.
9.5. The Buyer shall be informed of the delivery of the ordered goods or their being ready for collection in person through email. The duration of the delivery of the ordered goods and the price for transportation depend on the type of transportation selected by the Buyer within the shopping cart.
9.6. In the case of collecting in person of the ordered goods that have been paid for through the internet or are paid for on delivery, the Seller or a contractual partner can ask the Buyer to present an ID document (ID card, passport), with the aim to prevent the origination of damage and avert the legalisation of income proceeding from criminal activities. Should the Buyer fail to present one of the relevant documents, the Seller or a contractual partner may refuse to hand over the goods.
9.7. When purchasing products or on other suitable occasions, the Buyer may be informed about further contacts to the Seller (other telephone numbers, email addresses, etc.), especially when purchasing a subscription or when making use of other loyalty programmes, or in the case of entrepreneurs.
10. SUBSCRIPTION AND LOYALTY PROGRAMS
10.1 The provisions of these Terms and Conditions shall also govern tickets purchased as a part of a subscription scheme (i.e. seasonal subscription, Christmas subscription and so-called "my subscription"), ticket packages, loyalty programs such as Loyal Spectator Program, except as specified in the following paragraphs of this article.
10.2. Program and cast of performances subscribed for are subject to change. The Seller shall notify the Buyer (hereinafter also as the "Subscriber") of any program change via e-mail and/or text message. Information concerning subscription program changes is also published by the Seller on its website and in the National Theatre Magazine. If tickets are sold as a part of a ticket package, they shall be subject to the standard rules of exchange and refund applicable to individually purchased tickets (see paragraphs 5.10-12). If other, individual, solution is sought, the Seller must be contacted via the firstname.lastname@example.org e-mail within 7 days from the date of the performance.
10.3. In case of program change, the Seller usually offers a substitute performance with the tickets purchased remaining valid or, alternatively, new tickets are issued for the substitute performance. The tickets are distributed in the same mode as the original tickets. If the substitute performance is scheduled on a day different than the day of the original performance and the Subscriber decides not to attend the substitute performance, the Subscriber shall be entitled to claim ticket refund to be done within 14 days from the date of the substitute performance. In case of change of performance, the Subscriber may request exchange of their tickets for the substitute performance for tickets for a different performance of the same genre and price given during the same theatrical season.
10.4. A subscription ticket is transferable and a Subscriber shall be free to lend or give it to another person. The same applies to tickets purchased as a part of ticket packages and the Loyal Spectator Program. If a ticket is lost, the Buyer shall be entitled to ask for a duplicate, which invalidates the original ticket. Duplicates are issued at National Theatre's box offices or, based upon a previous agreement, using email@example.com based upon a request from the person taking out the subscription.
10.5. In line with applicable law and these Terms and Conditions as accepted by the Subscriber and the member of the Loyal Spectator Club when purchasing subscription or other tickets, the Seller processes the following personal data: name and surname, home address, ZIP, e-mail, telephone number and delivery address, in case of entrepreneurs also their business name, identification number, tax identification number, in order to exercise rights and duties deriving from the contract of purchase, in order to maintain the user account and to send necessary information related to the contract of purchase.
10.6. Any change of contact information shall be notified by the Subscriber to the Seller, namely the manager of subscriptions via the address firstname.lastname@example.org. If the Subscriber fails to do so, the Seller shall not guarantee delivery of notices of program changes, benefits and promotional discounts for subscribers, delivery of invitations to events or other important information.
11. ONLINE PERFORMANCES TECHNICAL INFORMATION
For online performances to function properly, it is necessary that the Buyer's device should meet the following technical parameters:
Fast and stable internet connection
for 4K or more streaming at least 22 Mbps
for 2K streaming at least 12 Mbps
for 1080p streaming at least 7 Mbps
for 720p streaming at least 3 Mbps
for 480p streaming at least 1.1 Mbps
for 360p streaming at least 1 Mbps
for 240p streaming at least 0.5 Mbps
We recommend using the following browser versions in Windows 7 or later or macOS Sierra (10.12.6) or later:
Chrome 30+ (has automatic updates)
Firefox 27+ (has automatic updates)*
*Video H.264 (required for streaming Vimeo videos) is supported only by Firefox for Windows 7 and later. Windows XP versions of Firefox are no longer supported for streaming.
Mobile device users can use Android in version 5.0+ or iOS in version 12.4+.
Blackberry and Windows Phone users: You can still stream Vimeo videos on devices supporting HTML5; nevertheless, we do not test our player in such environments, therefore, support cannot be guaranteed.
Samsung users: Samsung Internet browsers (any version) is not supported by Vimeo Live. We recommend installing Chrome instead.
Latest version of Google Chrome, Firefox or Safari
Internet connection 500+ Kbps
for 4K or more streaming at least 20 Mbps
for 1080p streaming at least 5 Mbps
for 720p streaming at least 2.5 Mbps
for 480p streaming at least 1.1 Mbps
for 360p streaming at least 0.7 Mbps
12. VISITING REGULATIONS
The Terms and Conditions of the National Theatre include Visiting Regulations that the Buyer (hereinafter the "Spectator") must adhere to on all premises of the National Theatre. The Regulations apply for the following buildings: National Theatre, State Opera, Estates Theatre, New Stage, St. Anna (hereinafter "National Theatre"), as well as on other premises, where National Theatre's ensembles perform as guests. Please find the entire text of the Visiting Regulations on the Seller's website.
13. FINAL PROVISIONS
13.1. The Terms and Conditions have been drawn up in Czech and English. In the event that the two language versions are at variance, the Czech version shall be decisive.
13.2. The relations and possible disputes that may arise in connection with the contract of purchase shall be settled exclusively pursuant to the law of the Czech Republic, by the competent courts of the Czech Republic. If the relation established in the contract of purchase contains an international (foreign) element, the contracting parties have agreed that the relation shall be governed by the Czech law.
13.3 The Czech Trade Inspection Authority with registered seat at Štěpánská 567/15, 120 00 Prague 2, Id. No.: 000 20 869, www.coi.cz, is the authority competent to resolve consumer disputes related to the contract of purchase out of court. A consumer (Buyer) can initiate out of court resolution procedure before the CTIA:
by completing an online form located on adr.coi.cz
in writing (using a template form or in any other form),
orally on the record at CTIA contact points,
by other means (e-mail, fax) with mandatory subsequent written confirmation.
Before the out of court procedure starts, the Seller recommends first using the Seller's e-mail or telephone support or other modes of personal or written communication with the Seller.
13.4. The contract of purchase is concluded in Czech. Should a translation of the text of the contract be produced for the needs of the Buyer, the interpretation of the contract in Czech is applicable in the event that a dispute arises pertaining to the interpretation of the terms or ideas.
13.5. The Terms and Conditions, including parts thereof, have been in force and effect since 6 January 2023, and have cancelled the previous wording of the Terms and Conditions, including parts thereof.
13.6. If a provision of the Terms and Conditions is null and void, or it becomes null and void, the invalid provision shall be replaced with a provision whose meaning is the closest to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity and effect of the other provisions. Any changes and amendments to the contrast of purchase or the Terms and Conditions must be in writing.
13.7. Extraordinary measures: Theatregoers are obliged to comply with extraordinary and protective measures implemented by the government of the Czech Republic and its individual ministries in their current version, as long as such measures apply on the day of going to the theatre.
In Prague on 5 January 2023
Annex to the Terms and Conditions
Contract Withdrawal Form - template (PDF, 520 kB)