February 11, 2016
This User Agreement (hereinafter referred to as the "Agreement") in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation is a public offer that is addressed to any Buyer who wishes to purchase tickets for events through the Agent's website. The offer regulates the conditions for the purchase and return of Tickets, the rights, and obligations arising in this connection between the Agent and the Buyer. Before purchasing Tickets through the site, the Buyer should familiarize himself with the terms of this Offer. If the Buyer does not fully accept the terms of this Offer, the Buyer shall not purchase Tickets for events through the Agent's site.
Basic concepts used in this Agreement:
"Site" is an Internet site owned by the Agent located on the Internet at https://nikulincircus.com, designed for booking and purchasing Tickets for events.
"Agent" - Individual entrepreneur Mikhail Alexandrovich Wetzel, who provides services for booking, selling and delivering Tickets for the event.
"Event" - an entertainment event, including theatrical performance, circus performance, concert in the hall, club, on the open area, any other event.
"Organizer" is a legal entity or an individual entrepreneur conducting an event.
"Ticket" is a strict reporting document that certifies the conclusion between the Organizer and the Buyer of a contract giving the Buyer the right to attend the event.
"Buyer" means an individual with full legal capacity who visited the Site accepting the terms of this Agreement and placing an Order for the purchase of the Ticket indicated on the Agent's Site.
"Acceptance" means full and unconditional acceptance and confirmation by the Buyer of the terms of this Agreement in full and without exceptions.
"Order" means a duly executed request by the Buyer to purchase a Ticket selected on the Site. When executing an Order on the Site, the Buyer sees a common Price, which includes: Nominal Ticket Value, Service Fee, Cost of Delivery.
"Reservation" means a formed Order, which is in the standby mode of payment by the Buyer.
"Cancellation of Booking" - removal of Tickets from the Order by automatic transfer to free sale on the Site. If the Order is not paid, then it is automatically canceled within 15 minutes from the moment of execution of such Order.
"Nominal Ticket Value" is the price of the Event attendance set by the Organizer for all Buyers.
"Service fee of the Agent" means money collected from the Buyer in the implementation of the Ticket for the services provided by the Agent for booking, processing and selling Tickets, as well as for the information support of the Buyer through the Site and other communication channels.
"Price of the Agreement" - Nominal Ticket Value, Agent Service Fee, Ticket Delivery Cost.
1.1. This Agreement regulates the relations that arise between the Agent who is the copyright owner of the Site on the Internet and the Buyer.
1.2. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation), this Agreement is a public offer.
1.4. Prior to the acceptance of this Agreement, the Buyer must be sure that all the terms of this Agreement are understandable to him and he accepts them unconditionally and in full.
1.5. The provisions of the Civil Code of the Russian Federation, as well as the Law of the Russian Federation "On Protection of Consumers' Rights" No. 2300-1 of 07.02.1992, and the Resolution of the Government of the Russian Federation No. 612 of 27.09.2007 (as amended on 04.10.2012) "On approval Rules for the sale of goods by remote means "and other applicable regulatory and legal acts of the Russian Federation.
1.6. The agent reserves the right to make changes to this Agreement, in this connection, the Buyer undertakes to monitor the respective changes on a regular basis.
1.7. This Agreement, as well as all notifications and expressions of will made or carried out remotely through the use of Internet communication channels, are recognized by the Parties in writing in the proper manner.
The subject of the Agreement.
2.1. The subject of this Agreement is the provision of services for informing the Buyer about the Events, services for ordering, processing, buying, delivering tickets to them through the Site.
Ordering and selling Tickets.
3.1. To order and purchase Tickets, the Buyer needs to perform the following actions on the Agent's website:
select the date and time of the event;
choose the place from the available and the number of Tickets in the hall scheme presented on the Agent's Site, or at the Price, then add the selected Tickets to the Basket;
Check the compliance of the displayed Ticket data with the previously made selection;
To choose the way of delivery of Tickets or a way of reception of Tickets;
enter information about the Buyer, namely: name, email address, telephone number, delivery address, specify the time and date of delivery;
Choose a payment method;
Check the compliance of the withdrawn Prices to pay for previously entered data;
Agree to the terms of this Agreement by clicking the button "Finish registration".
3.2. After the completion of the procedure for completing the Order, the Buyer pays the Order (the Price of the Agreement) in accordance with the previously chosen method of payment of the order: in cash or by bank card online.
3.3. After payment by the Buyer of the Ticket (Tickets) by credit card online, the Buyer receives confirmation of the purchase and payment of the Order by e-mail.
3.4. The Ticketing Reservation service is considered to be rendered to the Buyer from the moment the Buyer signs the Order.
3.5. The Ticketing Reservation service is deemed to be rendered by the Seller in the proper manner and accepted by the Buyer:
- when paying by credit card online at the time of payment by the Buyer of the Price, which includes Service Fee, Nominal Ticket Cost, Ticket Delivery Payment;
- when paying cash to the courier when the courier arrives at the Ticket delivery place and at the time specified by the Buyer.
3.6. The Buyer shall not be entitled to refuse the Ticketing Service and demand from the Seller a refund of the Service Fee paid after the said service has been rendered by the Seller and accepted by the Buyer.
3.7. Ticketing services are deemed to be rendered properly when the courier arrives at the Ticket delivery place and at the time specified by the Buyer. The absence of the Buyer at the specified place of delivery of Tickets does not affect the recognition of the service for the delivery of Tickets properly provided.
3.8. The Buyer shall not be entitled to demand from the Seller a refund of the cost of the Ticket Delivery Service after it has been properly provided in accordance with the terms of this Agreement.
3.9. The Seller has the right to unilaterally refuse to execute the Order without explanation of the reasons, we will notify the Buyer about it by phone specified by the Buyer, provided that the Buyer returns all received from him under this Order without payment of any penalties (interest for using other people's money, pennies, forfeit, loss, loss of profit). In the event that payment by the Buyer prior to the Seller's refusal to comply with the Order has not been made, the Seller is not obliged to pay any penalty to the Buyer (penny, penalty, loss, lost profit).
Payment terms. The prices of the Agreement (Order).
4.1. The Buyer pays the Order (the Price of the Agreement), choosing at its discretion and possibilities one of the following payment methods:
Cash to the courier upon receipt of the Order;
Prepayment by credit card on the Site during the execution of the Order. At the same time, the Buyer is notified on the Site and the Agent and agrees that when paying online prices a commission may be charged.
Comprehensive information on the methods of payment is posted on the Agent's website.
4.2. All settlements between the Parties are made in rubles.
4.3. The price of the Agreement is indicated on the Site upon execution by the Buyer of the Order.
4.4. The Buyer is recognized as properly performing the obligations to pay the Agreement Price at the moment of receipt of funds to the Agent's bank account.
4.5. The buyer confirms and agrees that if the payment is not paid and / or incomplete, the Order is subject to cancellation.
Procedure and terms of repayment of funds.
5.1. Purchased Tickets for exchange and return by the Agent are not liable. The Agent does not pay compensation for unused or lost Tickets.
5.2. In case of cancellation, replacement, transfer Events Tickets are subject to return by the Organizer. The buyer is obliged to independently resolve issues with the Organizer about the return of the Nominal value for purchased Tickets.
5.3. In case of refusal of tickets by the Buyer at the time of their delivery, the Price of the Agreement (Service Fee, Nominal Ticket Value, Cost of Delivery) is not refundable.
6.1. Ticket Delivery is possible:
in Moscow within the Moscow Ring Road;
for MKAD up to 5 (five) kilometers;
outside the Moscow small ring (A107).
6.2. The cost of delivery is included in the Price of the Agreement and is indicated on the Site of the Agent upon execution of the Order.
6.3. In order to avoid cases of fraud, as well as to fulfill its obligations, when delivering a prepaid Order, the person delivering the Order has the right to demand a document certifying the identity of the Buyer.
6.4. Delays in delivery are possible due to unforeseen circumstances that have occurred not through the fault of the Agent.
Rights and obligations of the parties.
The agent has the right:
7.1. Establish and change tariffs for services (including Service Charges) unilaterally and at any time by changing the Price of the Agreement.
7.2. Cancel any ordered Order before paying for the Order. The canceled Order cannot be reinstated for re-payment, except by creating a new Order by the Buyer.
7.3. If the Buyer does not comply with any of the points of the Offer, refuse to give him further services.
7.4. Temporarily suspend the work of the Site for technical, technological or other reasons - while eliminating such causes with the prior notification of the Buyer or without such notification.
7.5. To assign or otherwise transfer his rights and obligations arising from his relationship with the Buyer to third parties without the consent of the Buyer.
7.6. The agent has the right to change the interface of the Site, its content, any or all of the Ticket's assortment, content, modify or supplement the used scripts, software and other objects used or stored on the Site, any server applications, with or without notice, at any time.
7.7. The agent is obliged:
7.8. Provide the Buyer with the full and sufficient information about the Event, the Organizer, the Agent and the services it provides under the present Agreement, as well as instructions on registration, payment, receipt of the Ticket (e-ticket) in accordance with the requirements of the law.
The buyer has the right:
7.10. Send all questions and suggestions regarding the functioning and content of the Site to the Agent by filling out the form posted in the "Feedback" section.
7.11. Independently from public sources to update information about the cost of Tickets for the Event and the purchase of Tickets from the Seller by fully and unconditionally accepted the terms of this Agreement.
7.12. Choose the method of payment for the Ticket. At the same time, the Buyer must independently familiarize himself with the rules of using this or that method of payment, as well as with the conditions for the return of funds.
The buyer is obliged:
7.13. Read all terms of this Agreement in detail and accept them when making a Ticket purchase.
7.14. When ordering, provide the correct, accurate and complete information. The buyer is responsible for the minor children for whom he buys the Tickets. The buyer must familiarize himself with the age restrictions of the Event. The buyer is fully liable for such persons and agrees that the minor child, as well as the Buyer himself, may be denied access to the Event in the event of violation of established age limits.
7.15. The buyer acknowledges that he does not have any claims to the Seller for incorrectly executed by himself the Order through the Client Interface, as he did not make sure of its correctness during the execution of the clearance.
7.16. Do not post, publish, transmit or distribute messages that may be criminal in nature or cause any harm to the Agent's Site.
7.17. Do not take any actions aimed at causing harm to the software or hardware of the Site (distribution of virus programs, server hacking, etc.).
7.18. Notify the Agent of any situations known to him that pose a potential threat to the safe operation of the Site.
Consent, guarantees, and responsibility of the parties.
8.1. The agent is not responsible for:
for the consequences of the use, use or non-use of the information received on the Site;
for the possible inconsistency of the results obtained by using the Site, the expectations of the Buyer;
for any damage to the Buyer's equipment or software resulting from the use of the Site;
for lack of opportunity to use the Site for any reason.
8.2. The Agent shall not be liable to the Buyer or third parties for damages, losses or expenses incurred in connection with the use or non-use of the Site, including lost profits.
8.3. The Agent shall not be liable for failure to perform and/or improper performance by the Organizer of its obligations to provide accurate and timely information about the Activities or for the proper and timely conduct of the Events. From the moment of purchase of the Ticket by any Buyer, all rights and obligations under the Ticket arise directly between the Organizer and the Buyer.
8.4. The Agent is not responsible for any inconsistency of the Event held by the Organizer, the Buyer's expectations and/or his subjective assessment. Advice and recommendations provided to the Buyer, including by third parties, cannot be considered as guarantees and do not entail obligations for the Parties.
8.5. The Buyer agrees not to reproduce, duplicate or copy, sell or resell, nor use any part of the Site for any commercial purposes, use of the services or access to them, except in cases where such permission is given in writing to the Buyer Agent.
8.6. The buyer agrees not to adapt, alter or create derivative works of any elements of the Site content, except for personal, non-commercial purposes. Any other use of the content of the Site is possible only with the prior written consent of the Agent.
8.7. The Buyer is obliged to use the Site exclusively for lawful purposes and in such a way that it does not violate the rights of other Buyers, do not restrict or interfere with the access of other people to the Site and use it.
8.8. The buyer bears all responsibility in accordance with the current legislation of the Russian Federation for unlawful actions with bank cards or other means of payment aimed at implementing the Order and its payment.
8.9. In accordance with the provisions of the Federal Law of July 27, 2006 No. 152-FZ "On Personal Data", the processing of personal data is allowed without the consent of the personal data subject in the event that such processing is necessary for the performance of a contract to which either the beneficiary or the performer is a subject of personal data, as well as for the conclusion of a contract on the initiative of a personal data subject or a contract under which a personal data subject will be a beneficiary or a time rer. The buyer acknowledges and agrees that any personal data of the Buyer indicated by the latter in the process of issuing the Ticket (Order), namely: name, first name, patronymic, gender, contact phone number, city, delivery address and e-mail address are transferred to the Agent for execution Contract concluded on the terms of this Agreement to which the Buyer is a party. Processing of the personal data of the Buyer is carried out in accordance with the legislation of the Russian Federation. The Buyer confirms its consent to the Seller and grants the Seller the right to process the personal data of the Buyer in connection with the sale of Tickets to the Buyer, as well as in connection with the provision to the Buyer of services stipulated by this Agreement, including for the purpose of receiving the Buyer advertising messages.
8.10. Processing of personal data includes collection, systematization, accumulation, storage, refinement (updating, modification), sorting, use, depersonalization, blocking, destruction. The agent performs the processing of personal data using automation tools.
8.11. The Buyer agrees that the Site may contain links to third-party sites. These links are provided for information purposes only. The Agent, being the owner of the Site, does not control and is not responsible for their use, content, privacy statements or the security of such sites, including, without limitation, any opinions or statements expressed on the websites of third parties.
8.12. The Agent is not responsible for the Buyer's inadequate acquaintance with the terms of this Agreement.
8.13. Disputes arising during the execution of the Agreement concluded on the terms of this Offer are resolved in a claim procedure. The claim is to be sent to the Agent in writing at the Agent's address with the attachment of documents substantiating the claims, within 3 (three) calendar days from the date of the origin of the dispute. The received claim is considered by the Agent within 10 (ten) working days from the moment of its receipt. If disputes and disagreements between the Parties cannot be settled through negotiations, they shall be resolved in accordance with the procedure provided by law.
8.14. The Parties shall not be liable if the failure or improper fulfillment of the terms of the Agreement is caused by force majeure circumstances that have arisen against the will and will of the parties and which they could not prevent, avoid or anticipate (force majeure circumstances).
9.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects protected in accordance with Part 4 of the Civil Code of the Russian Federation (hereinafter referred to as the Content) are intellectual property and objects of exclusive rights of the Agent and / or other rightsholders. All rights to the Content are protected in accordance with the laws of the Russian Federation and are subject to protection.
9.2. The buyer confirms that he has the understanding that the Content cannot be copied (reproduced), reworked, distributed, displayed, published, downloaded, transmitted, sold or otherwise used in whole or in part without the prior permission of the Agent and / or the copyright holder, except for cases when the rightsholder expressly expressed his consent to the free use of the Content by any person.
9.3. This Agreement does not provide the Buyer with any exclusive rights to intellectual property placed on the Site.
9.4. No provisions of this Agreement give the Buyer the right to use the Agent's brand name, domain names and other distinctive signs of the Site.
9.5. The Buyer is liable to the Agent for infringement of intellectual property rights posted on the Site and agrees to indemnify the Agent for any losses, as well as legal costs and other costs that the Agent may incur as a result of the Buyer's breach of this section of the Agreement.
10.1. This Agreement enters into force from the moment of its acceptance by the Buyer and is concluded for an indefinite period. This Agreement may be terminated at any time on the initiative of the owner of the Site.
10.2. The provisions of the current legislation of the Russian Federation shall apply to the relations between the Buyer (the Buyer) and the Agent.
10.3. Recognition by a court of any provision of the Agreement as invalid or unenforceable does not entail invalidity or non-fulfillment of other provisions of the Agreement or the Agreement as a whole.
10.4. In case of disagreement of the Buyer with this Agreement or its updates, the Buyer shall refuse to use the Site, having informed the Agent about this.
Requisites of the Agent
Individual entrepreneur Vetsell Mikhail Alexandrovich.
Certificate of state registration No. 315774600395150 issued
Interdistrict Inspectorate of the Federal Tax Service of Russia No. 46 for Moscow.
Checking account № 40802810802110000556
Bank of Alfa-Bank JSC
Corporate account № 30101810200000000593