Online Store Terms And Conditions

§1. General Provisions

1. The Utopia Club online store, available at https://www.utopia-club.pl/, is operated by NextWaves Sp. z o.o., with its registered office in Warsaw, ul. Urwisko 12, 02-776 Warszawa, Poland, NIP: 5273098673, REGON: 527768470, KRS: 0001087306, hereinafter referred to as the “Seller”.
2. These Terms and Conditions set out the rules for using the Online Store, placing Orders, entering into Sales Agreements, making payments and submitting complaints.
3. These Terms and Conditions apply in particular to Consumers and define the rights and obligations of Customers in connection with purchases made through the Online Store.

§2. Definitions

1. Consumer – a natural person entering into an agreement with the Seller through the Online Store for purposes not directly related to that person’s business or professional activity.
2. Seller – NextWaves Sp. z o.o., with its registered office in Warsaw, ul. Urwisko 12, 02-776 Warszawa, Poland, NIP: 5273098673, REGON: 527768470, KRS: 0001087306.
3. Customer – any natural person, legal entity or organisational entity making a purchase through the Online Store.
4. Online Store – the Utopia Club online store available at https://www.utopia-club.pl/.
5. Order – a declaration of intent submitted by the Customer with the purpose of entering into a Sales Agreement through the Online Store.
6. Product – a service or other product available in the Online Store and subject to a Sales Agreement.
7. Ticket – confirmation of the Customer’s entitlement to attend a specific event organised by the Seller, subject to the terms applicable to that event.
8. Sales Agreement – an agreement concluded between the Customer and the Seller through the Online Store.

§3. Contact

1. Seller’s address: ul. Urwisko 12, 02-776 Warszawa, Poland.
2. Seller’s e-mail address: kontakt@utopia-club.pl.
3. Seller’s telephone number: 690 581 515.
4. Customers may contact the Seller using the e-mail address and telephone number indicated in these Terms and Conditions.
5. Telephone contact is not provided within specified guaranteed availability hours. If a call cannot be answered, the Customer may contact the Seller by e-mail.
6. For complaints, Customers are encouraged to use the following e-mail address: kontakt@utopia-club.pl.

§4. Technical Requirements

To use the Online Store, browse its offer and place Orders, the Customer needs:

1. a device with Internet access and an up-to-date web browser;
2. an active e-mail address;
3. cookies enabled where required for the functionality of the Online Store.

§5. Placing Orders

1. Information about Products presented in the Online Store constitutes an invitation to enter into an agreement.
2. The Customer places an Order by correctly completing the order form, selecting the Product and making the required payment.
3. Before placing an Order, the Customer has the opportunity to review its details, including the price, type of event, event date and participation conditions.
4. Placing an Order constitutes acceptance of these Terms and Conditions.
5. After successfully placing an Order, the Customer receives a purchase confirmation at the e-mail address provided during the ordering process.
6. The Sales Agreement is concluded when the Customer receives the Order confirmation, subject to the required payment being made.

§6. Prices and Payments

1. Product prices displayed in the Online Store are gross prices and include VAT where VAT is applicable under the law.
2. The price applicable to the Customer is the price displayed in the Online Store at the time the Order is placed.
3. Available payment methods are displayed during the ordering process.
4. If the required payment is not received within the applicable period, the Order may be cancelled.
5. If a promotional online ticket price applies to a particular event, the terms and validity period of the promotion are indicated with the relevant event.

§7. Event Tickets

1. A Ticket entitles the Customer to attend only the event for which it was purchased and on the date specified on the Ticket or purchase confirmation.
2. The Ticket must be presented at the entrance electronically or in another form accepted by the Seller.
3. A Ticket may only be used in accordance with the terms applicable to the relevant event.
4. The Seller reserves the right to refuse entry to a person who does not meet the participation requirements applicable to a particular event, including age requirements, dress code, ticket type or other conditions specified in the event description or club rules.
5. Detailed rules concerning participation in events are also set out in the Utopia Club Rules applicable on the club premises.

§8. Changes to or Cancellation of an Event

1. The Seller reserves the right to change the date, opening hours, programme or other elements of an event for important organisational, technical or safety reasons or for other reasons beyond the Seller’s reasonable control.
2. If an event is cancelled, the Seller will inform Customers about the available solution, including, where applicable, the possibility of using the Ticket for another event or receiving a refund, in accordance with applicable law.
3. If a change to an event materially affects the conditions of participation, the Seller will inform Customers about the available options.

§9. Right of Withdrawal

1. Due to the nature of the Tickets sold, which constitute services related to entertainment events for which a specific date or period of service is specified, the statutory 14-day right of withdrawal applicable to distance contracts does not apply to such agreements, pursuant to the exception provided for in Article 38(12) of the Polish Consumer Rights Act.
2. This means that a Consumer does not have the statutory 14-day right of withdrawal in relation to the purchase of a Ticket for an event taking place on a specified date.
3. In particular, using a Ticket does not create a basis for requesting a refund of the Ticket price. Once the service related to the event has commenced or has been used, no refund is due for any unused portion of the Ticket, unless a refund is required by mandatory provisions of law or is otherwise granted by the Seller.
4. The above provisions do not limit the Consumer’s rights arising from statutory provisions concerning non-conformity of the service with the agreement, complaints or other mandatory provisions of law.

§10. Complaints

1. The Customer has the right to submit a complaint concerning a purchased Product or the performance of the service.
2. Complaints may be submitted by e-mail to: kontakt@utopia-club.pl.
3. To facilitate the handling of a complaint, it is recommended that it includes:
   • the Customer’s name and surname,
   • Order or Ticket number,
   • event name and date,
   • description of the issue,
   • the Customer’s request,
   • contact details for a reply.
4. Failure to provide any of the above information does not automatically result in rejection of the complaint.
5. The Seller will process complaints in accordance with applicable law.
6. The response to a complaint will be sent to the e-mail address from which the complaint was submitted or to another contact address provided by the Customer.
7. These Terms and Conditions do not limit any statutory rights of Consumers concerning complaints.

§11. Liability and Participation Rules

1. Customers are required to comply with the Utopia Club Rules, safety requirements and instructions given by the club staff.
2. The Seller may refuse entry to or remove from the club premises any person who violates the rules, safety requirements, generally accepted standards of conduct or behaves in a manner that may endanger other persons.
3. Detailed rules of conduct and the powers of club staff are set out in the Utopia Club Rules.
4. In the event of very low or zero attendance, or if a significant number of participants leave the premises before the scheduled closing time, the Seller reserves the right to end the event earlier where justified by organisational or economic reasons.
5. Early termination of an event may not prejudice any rights of Consumers arising from mandatory provisions of law.

§12. Personal Data

1. Customers’ personal data are processed in accordance with applicable law and the principles set out in the Privacy Policy available in the Online Store.
2. Data provided when placing an Order may be used in particular to process the Order, handle payments, issue accounting documents and process complaints.

§13. Final Provisions

1. Matters not covered by these Terms and Conditions are governed by Polish law, in particular the Polish Civil Code and the Polish Consumer Rights Act.
2. Nothing in these Terms and Conditions is intended to limit any Consumer rights granted by mandatory provisions of law.
3. These Terms and Conditions are available free of charge in the Online Store in a form that allows them to be obtained, reproduced and stored.
4. The Seller may amend these Terms and Conditions for important reasons, including changes in law, changes to the operation of the Online Store or the introduction of new functionalities.
5. Agreements concluded before an amendment to these Terms and Conditions shall be governed by the version of the Terms and Conditions applicable at the time the relevant agreement was concluded, unless mandatory provisions of law provide otherwise.