Purchase terms

§ 1
Definitions

1. Website – a website in the domain timelessfilmfestival.pl, owned by the Seller;
2. Organizer – American Dream Foundation with its registered office in Warsaw at al. Wojska Polskiego 41/43, 01-503 Warsaw, entered in the register of associations, other social and professional organizations, foundations and independent public health care institutions and in the register of entrepreneurs maintained by the Regional Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000476492, NIP: 5252564816, REGON: 146871859;
3. Buyer – a natural person, legal person or organizational unit without legal personality, having legal capacity, which concludes an agreement with the Organizer to purchase a Pass and/or a Ticket; the Buyer who is a natural person must have full legal capacity;
4. Participant – a natural person who, on the basis of the Pass and/or the Ticket, participates in the Event; the Participant may be the Buyer;
5. Event – a film festival or other event organized by the Organizer, in which you can participate as a result of purchasing a Pass and/or Ticket;
6. Passes – selected documents confirming the conclusion of the contract with the Service Provider and entitling [a passholder] to participate in the Event, provided by the Service Provider for a given Event, i.e. entitling holder to participate in screenings at film festivals and/or sold to entities from the media and film industry (Accreditations);
7. Tickets – selected documents confirming the conclusion of the agreement with the Service Provider and entitling [a ticket holder] to participate in the Event, provided by the Service Provider for a given Event, i.e. entitling holder to participate in multiple or single film screenings, special events and/or concerts;
8. Discount Documents – documents specified by the Organizer, the possession of which by the Buyer entitles it to a discount on the purchase of a Pass or a Ticket;
9. Terms and Conditions – these Terms and Conditions;
10. Website Regulations – the regulations for the provision of electronic services on the timelessfilmfestival.pl website published at timelessfilmfestival.pl/en/terms.

§2
General provisions

1. The Terms and Conditions define the rules for purchasing Passes and/or Tickets through the Website.
2. The purchase of Passes and/or Tickets via the Website requires the Buyer to create an account on the Website in accordance with the Website Regulations.
3. In the case of concluding an agreement for the purchase of Passes and/or Tickets via the Website with the consumer, this agreement is a distance agreement within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). A consumer is a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
4. Before concluding the agreement for the purchase of Passes and/or Tickets, the Buyer shall read the Terms of Service and information on the processing of personal data on the Website. Conclusion of an agreement for the purchase of Passes and/or Tickets requires prior acceptance of the Terms of Service.
5. The Buyer shall comply with the Terms of Service. Website Regulations shall apply to other services provided by the Seller via the Website, in particular to maintaining the User Account on the Website, which Regulations the Buyer shall also comply with. 
6. The Terms of Service shall be available free of charge via the Website in a form that allows downloading, saving and printing.

§ 3
Terms for purchasing Passes and/or Tickets

1. The Organizer provides information on the Website regarding the current Events for which the Tickets and/or Tickets are sold.
2. On the Website the Organizer shall publish information about:
   1. the types of Passes and/or Tickets offered, in particular indicating whether they will be personal or bearer documents,
   2. the rules for issuing Passes and/or Tickets, in particular the requirements for providing the Organizer with a photo of the Participant (regarding Passes),
   3. rules for the use of Passes and/or Tickets, in particular indicating whether the Pass and/or Ticket alone shall entitles one to participate in the Event, whether an additional reservation is needed for the Event or its specific parts,
   4. gross prices of Passes and Tickets and promotions applied by the Organizer and accepted discount and required Discount Documents or the need to meet other conditions entitling to the discount,
   5. the period of sale of the Passes and Tickets with an indication of the days and/or times in which orders for the Passes and/or Tickets may be placed,
   6. acceptable methods of payment for Passes and/or Tickets,
   7. the technical requirements of the equipment by means of which the Buyer shall purchase the Ticket and/or Pass and reserves the Tickets,
   8. rules for receipt of Passes and/or Tickets, in particular indicating whether it is only possible to collect such in person (specifying the place and period of receipt) or whether the Organizer provides for the possibility of sending Passes and/or Tickets in electronic form for printing by the Participant,
   9. the rules for participation in the Events and the obligations of the Participant related thereto.

3. Providing the information referred to in section 2 above, constitutes an invitation to submit an offer (order) by the Buyer.
4. Placing an order requires, in particular, the selection of the type of Pass and/or Ticket, quantity thereof, method of payment and method of receipt – to the extent that the Organizer allows the possibility of selecting. The Organizer reserves that it is possible to purchase only one Pass per person.
5. The conclusion of the agreement for the purchase of Passes and/or Tickets occurs upon Organizer’s acceptance of the order placed by the Buyer for execution, which occurs by sending a message to the Buyer’s e-mail address.
6. The Seller shall confirm to the Buyer the terms of the concluded Sales Agreement by sending such to the Buyer via e-mail, no later than along with the information about the acceptance of the Order for execution.
7. The Organizer shall inform that in the message confirming the purchase of Tickets and/or Passes, the Buyer may receive access to free content from  Event sponsors or Organizer’s partners. Obtaining access to free content shall not require providing additional marketing consent to Organizer, will not result in placing the Buyer’s data in the Organizer’s marketing database or will not lead to the Organizer providing third parties with personal data of the Buyer or the Participant, however – depending on the decision of the Event sponsor or the Organizer’s partner – obtaining access to free content may be conditional on providing personal data directly to the Event sponsor or the Organizer’s partner and possibly granting voluntary consents to the processing of personal data, of which the Buyer will be informed each time by the Event sponsor or the Organizer’s partner, respectively. 
8. In the event of reasonable doubts as to the correctness of the data provided in the order (however, this does not apply to the selection of the type of Passes and/or Tickets, their number, selection of screenings, etc.) or the data of the Buyer or the Participant (including: photos), the Organizer attempts to contact the Buyer in order to correct them. In the event of the inability to contact the Buyer or the inability to correct errors, the Organizer may cancel the order, informing the Buyer, if possible. If the Buyer has paid the price, the Organizer will return the prepayment within 14 days from the date of order cancellation.
9. The sale of Passes and/or Tickets is limited by the number of Passes and/or Tickets available. The Organizer shall make every effort to ensure that the offer to sell Passes and Tickets is up-to-date. If the Buyer places an order for Tickets and/or Tickets currently unavailable, the Organizer shall inform the Buyer by refusing to accept the order for implementation. If the Buyer pays the price, the Organizer shall return the prepayment within 14 days from the date of providing the above information.
10. Unless Organizer provides otherwise, no duplicate Tickets will be issued.
11. If it is necessary to make a refund to the Buyer who is a consumer or a person referred to in § 8 of the Terms of Service, the Organizer shall make a refund using the same payment method used by the Buyer, unless the Buyer has expressly agreed to another method of return that does not involve any costs thereto.

§ 4
Payments

1. For each order placed by the Buyer, the price given for the ordered Passes and/or Tickets at the time of placing the order, which is the gross price, shall apply. The Organizer shall inform Buyers of any other fees related to the purchase of Tickets and/or Tickets.
2. The Buyer shall pay for Tickets and/or Tickets within 30 minutes from Organizer’s moment of acceptance of the order, unless the Organizer provides otherwise in connection with a specific Event.
3. The Buyer may choose one of the payment methods provided by the Organizer, which shall be specified in detail in the description of a given Event posted on the Website. In particular, the organizer may provide for one or more of the following means of payment:
   1. payment by payment card or rapid online transfer via an external e-payment center to which you are redirected through the Service; (in this case, the execution of the order will commence after the Seller sends the Buyer a confirmation of acceptance of the Order and after the Seller receives information from the e-payment center about the payment by the Buyer);
   2. payment on delivery (only if there are less than 30 minutes left until the start of the Event, with the proviso that when purchasing Tickets for various Events, the date of the start of the first Event counts).

4. In the event of failure to pay in full within the period referred to in section 2 above, the Organizer may cancel the Buyer’s order, of which the Buyer shall be informed. If the Buyer has paid a part of the price, the Organizer shall reimburse the entire amount paid thereto.
5. When making a payment by electronic transfer, the order number assigned by the Organizer shall be entered in the title of the transfer. If this number is not provided, the Organizer shall endeavor to determine this number, in particular by contacting the Buyer. Should it be impossible to match an order number to a transfer, the Seller shall return the deposited amount to the bank account from which the transfer was granted, thereby canceling the order. The provisions of section 4 above shall apply accordingly.
6. The moment of payment of the price is:
   1. in the case of payments by electronic transfer or payment card – the moment of crediting the account of the service provider accepting payments for Organizer,
   2. in the case of payment in cash – the moment of payment execution.

§ 5
Receipt of Passes and Tickets

1. Unless Organizer provides otherwise, the Passes and/or Tickets may only be picked up in person at the location specified by Organizer in the description of a given Event posted on the Website. Unless the Organizer provides otherwise, only the Participant may collect the Pass and/or Ticket.
2. Unless the Organizer provides otherwise, the condition for the personal receipt of the Pass and/or Tickets is the presentation of an identity document by the Purchaser or – if the Purchaser has purchased the Pass and/or Tickets for the Participant – by the Participant for whom the Purchaser has made the purchase.
3. If the Organizer provides for the possibility of choosing from various methods of delivery of Passes and Tickets, delivery shall be made in the manner specified by the Buyer.
4. If the Pass has been purchased at a discounted price, the Participant shall present the Discount Document used in the purchase process to the Organizer’s employee when collecting the Pass. If the Discount Document is not presented, the Organizer’s employee has the right to refuse to issue the Pass, unless the Participant makes a supplement up to the full price of the Pass.
5. If the Ticket has been purchased at a discounted price, the Participant shall present the Discount Document used in the purchase process to the Organizer’s employee when entering the venue of the Event. If the Discount Document is not presented, the Organizer’s employee may refuse to admit the Participant to the Event or request the Participant to pay a supplement up to the full price of the Ticket.

§ 6
Right of withdrawal

1. The right to withdraw from a distance agreement referred to in the Act of 30 May 2014 on consumer rights shall not be granted to Buyers who are consumers within the meaning of the law in the case of concluding a agreement for the purchase of a Pass and/or a Ticket with the Organizer – in accordance with Art. 38 point 12) of the aforementioned Act due to the fact that it concerns the provision of services related to leisure, entertainment, sports or cultural events on the designated day or period of service provision.

§ 7
Complaints

1. Any complaints regarding the agreement for the purchase of Passes and/or Tickets may be submitted by the Buyer in writing to the Organizer’s address or in electronic form to the address specified in § 8 sec. 1 of the Terms of Service. 
2. The complaint must contain the Buyer’s name, surname, postal address and e-mail address.
3. Complaints will be reviewed within 14 days from the date of receipt of the complaint by the Seller. If the Organizer has not responded to the complaint within the period referred to in the preceding sentence, it shall be deemed to have accepted the complaint.
4. When considering a complaint, the Organizer will apply the provisions of the Regulations and the relevant provisions of Polish law. 
5. The Buyer shall be notified of the Organizer’s decision in writing to the postal address or by e-mail to the e-mail address provided in the complaint.

§ 8
Application of consumer provisions to natural persons conducting business activity (individuals with registered businesses). 

1. The provisions regarding the Buyer who is a consumer pursuant to the law as, contained in § 2 section 3 and § 6 of the Terms of Service shall also apply to a Buyer who is a natural person concluding an agreement directly related to her or his business activity if the content of said agreement indicates that it is not of a professionally-related nature resulting, in particular, from the subject of Buyer’s business activity, made available on the basis of provisions on the Central Register and Information on Economic Activity.

§ 9
Final Provisions

1. All questions, opinions and requests regarding the contract for the purchase of Passes and/or Tickets and statements submitted to the Organizer should be addressed to the following e-mail address: pomoc@timelessfilmfestival.pl.
2. The Organizer hereby informs that there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) at at the address http://ec.europa.eu/consumers/odr/.
3. The provisions of the Terms of Service in the version in force on the date of conclusion of this agreement shall apply to the agreement for the purchase of the Pass and/or Ticket concluded between the Organizer and the Buyer.
4. The Seller reserves the right to amend the Regulations for material reasons such as: 
   1. the need to adapt the Regulations to legal provisions directly affecting the content of the Regulations and resulting in the need to modify such in order to comply with the law;
   2. the need to adapt the Regulations to the recommendations, injunctions, judgments, orders, interpretations, guidelines or decisions of authorized public authorities;
   3. change in the functionality of the Website;
   4. change in the technical conditions for the purchase of Tickets and/or Passes via the Website;
   5. the need to remove ambiguity, error or copywriting error that may have occurred in the Terms of Service; 
   6. change the Seller’s information or links contained in the Terms of Service. 

5. The Seller shall inform the Buyer 7 days before the entry into force of the new Terms of Service about the amendment of the Terms of Service by means of an e-mail message containing the content of the amended Terms of Service and by means of a message on the Website. 
6. Acceptance of changes in the Regulations shall take place by continuing to use the Website after the entry into force of changes to the Regulations, provided that the existing provisions of the Terms of Service apply to Tickets and/or Passes purchased before the entry into force of the amendment to the Terms of Service.
7. The Terms of Service come into force on 28 February 2024 .