for the sale of tickets to cultural and entertainment events
(public offer for the sale of tickets to Events at Pepper’s Club)
ARTICLE 1. TERMS AND DEFINITIONS
1. In this Agreement, the following terms and definitions shall be used (in singular/plural) as follows:
1.1. Offer means a public offer agreement for the sale of tickets to cultural and entertainment events, published on the electronic address on the Internet: https://peppersclub.com.ua/.
1.2. Seller means a legal entity and/or an individual entrepreneur providing services of distributing, booking, issuing and selling Tickets for various Events (the Buyer and the Seller are jointly referred to as the Parties);
1.3. Buyer means an individual(s) or a legal entity (entities) to whom the Seller provides services for booking, issuing and selling Tickets for Events on the terms and conditions set out in this Offer (the Buyer and the Seller are jointly referred to as the Parties);
1.4. Event means a cultural or entertainment event at Pepper’s Club, the attendance of which is possible only upon presentation of a special document – Ticket, the organizer of which is the Seller or another legal entity/individual entrepreneur;
1.5. Seat means a seat in the Room (if there is an individually defined seat);
1.6. E-Ticket (hereinafter referred to as the Ticket) means an arranged set of data, including those generated by the System, including the values of the Ticket details (cost, name of the Event, seat, date and time of the Event, etc.), which unambiguously describe and confirm the Buyer’s right to attend the Event on a one-time basis;
1.7. Ticket form means a standard printed form of a document with the details containing information on the Ticket price, name of the Event, seat, date and time of its performance, etc.;
1.8. Ticket issue means the transfer of an electronic image in the form of an E-Ticket or its application to the Ticket form by means of a printing device, which takes place immediately before the sale of the Ticket, or its transfer when the System is used;
1.9. Postponement of the Event means postponing the date of the Event, or making other critical changes to the Event indicated in the Ticket, of which the Seller informs openly and publicly and/or notifies the Buyer, if the Buyer has not agreed to such changes and wishes to return the Ticket to the Seller without exchanging it for another Ticket.
1.10. Nominal Value of the Ticket means the price of the Ticket set for all Buyers;
1.11. Service Fee means money payable by the Buyer when purchasing the Ticket in addition to the Nominal Value of the Ticket, for providing additional services by the Seller, including but not limited to booking and issuing the Ticket, performing transactions, contact centre services, acquiring, sending the Ticket to the Buyer’s e-mail, information support via the Website, ensuring information security, processing of the Order. The Service Fee for each Ticket is 7 (seven) % of the Nominal Value of the Ticket;
1.12. System means information system intended for issuing and selling Tickets.
1.13. Order means one or more Tickets selected by the Buyer from the System and united in the System by a unified identification number.
1.14. E-promo code means a combination of symbols by activating which the Buyer will be able to use the “cost” of previously purchased tickets that could not be used by the Buyer beyond its will and that of the Seller (terms and conditions – clause 7.3.2 of the Offer).
ARTICLE 2. GENERAL PROVISIONS
2.1. The Offer shall regulate the terms and conditions of the sale of Tickets for Events and the obligations arising therefrom for the Seller and the Buyer.
2.2. The sale of Tickets to the Buyers shall take place exclusively under the terms and conditions of this Offer, only in case of its full and unconditional acceptance. The Buyer’s use of the Seller’s services under the terms and conditions set out in this Offer shall constitute the conclusion of an Agreement between the Seller and the Buyer.
ARTICLE 3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Offer shall be the provision of services related to the issuance and sale of Tickets for Events to the Buyer in the manner and under the terms and conditions set out in this Offer (hereinafter referred to as the “Services”).
3.2. The Seller, in case it is not the Organizer of the Event, bears no responsibility for the actions of the Organizer and/or other persons acting in its name and on its behalf, or in its own name, but on behalf of the Organizer, including the organization, the very fact of hosting and content of the Event.
3.3. In accordance with the provisions of the Law of Ukraine “On Protection of Personal Data” No. 2297-VI of 01/06/2010, the Buyer shall acknowledge and agree to provide to the Seller its personal data, as well as personal data of third parties specified by the Buyer, which are received by the Seller in the process of issuing the Ticket (order), namely: name, surname, sex, contact telephone number, city (town), and e-mail address. Processing of personal data of the Buyer shall be carried out in accordance with the legislation of Ukraine. The period of use of the provided personal data shall be unlimited.
ARTICLE 4. ACCEPTANCE OF THE OFFER
4.1. The Buyer’s acceptance of the provisions of this Offer shall be effected by performing the actions specified in the relevant sub-clause 4.3. of this Offer (acceptance of the Offer). Buyer’s acceptance of this Offer shall be made voluntarily and in full.
4.2. Before accepting the Offer, the Buyer shall make sure that all the terms and conditions of this Offer are understood by it and it accepts them unconditionally and in full.
4.3. Completion of any action referred to in clause 4.2. of this Offer means Buyer’s full and unconditional acceptance of all terms and conditions of this Offer, without any exceptions and/or limitations, and is equivalent to conclusion of a written agreement (clause 2, Article 642 of the Civil Code of Ukraine).
ARTICLE 5. PAYMENT PROCEDURE
5.1. Payment shall be deemed to have been made by the Buyer at the moment the money has been transferred to the Seller’s current account.
5.2. Upon fulfilment of all terms and conditions of this Offer and upon payment of the Order, the latter shall be deemed fulfilled and the Buyer shall have the right to attend the Event under the terms and conditions set out in the Ticket.
ARTICLE 6. SUBSTITUTION, CANCELLATION OF THE ORDER
6.1. If the Organizer changes the layout of the Seats in the Room, as well as changing their number, in this case, the Seller may replace the Buyer’s Seat in the Room, with another Seat which is similar in value.
6.2. The cancellation of the Buyer’s Order shall take place in the following cases:
– Buyer’s refusal to place an Order;
– failure to pay within 15 (fifteen) minutes after placing the Order via the online acquiring service;
ARTICLE 7. REFUNDS
7.1. In case of cancellation, postponement or change of the Event, the Seller shall refund the Buyer the money paid for the acquired Ticket.
7.1.1. In case of cancellation, postponement or change of the Event, the Service Fee for additional services shall not be refundable, as the Parties have agreed that the payment of the Service Fee confirms that the Buyer received additional services of proper quality against their payment.
7.2. The Buyer shall agree that if the Organizer due to force majeure, lockdown (including epidemics) in the territory of Ukraine (and its separate parts); prohibition of economic activity of the Seller not through its fault, but based on official documents of any public authorities and local governments, including resolutions of the Cabinet of Ministers of Ukraine, postponed the Event to another date, in this case the money paid for the Ticket shall not be refunded to the Buyer, herewith all Tickets remain active and valid for the new Event.
7.3. To receive a refund, the Buyer may contact the Seller with an application (at the following link https://peppersclub.com.ua/), which shall include:
– details of the person who is applying (full name) and his/her taxpayer identification number, the name of the Event, the number of Tickets and their barcode, the Nominal Value of the Tickets, the number of the personal Bank Card (the indicated card will be used for the refund), the date and the signature;
– a copy of a document confirming his/her identity. This application will only be accepted by the Seller if the Buyer has complied with the above requirements for such an application. Only the buyer whose details are specified in the order may apply for a refund.
7.3.1. The Seller shall charge the Buyer a fee of 10% (ten percent) of the Nominal Value of the Ticket for processing and implementing the refund of the money paid by the Buyer for the acquired Ticket. The Seller shall refund the Nominal Value of the Ticket to the Buyer, less the aforementioned fee.
7.3.2. The refund terms and conditions provided for in clause 7.3. shall apply to and provided that (the list is not exhaustive): the occurrence of force majeure (including applying to clause 7.2 of the Agreement, if the Buyer does not agree to postpone the Event); establishment of lockdown (including epidemics) in the territory of Ukraine (and its separate parts); prohibition of economic activity of the Seller not through its fault, but based on official documents of any public authorities and local governments, including resolutions of the Cabinet of Ministers of Ukraine.
7.3.3. In case of impossibility of immediate (through no fault of Seller) refund to the Buyer due to occurrence of conditions according to clause 7.3.2 of this Offer, the Seller shall provide the Buyer with “e-promo code”, by sending it to the Buyer’s e-mail or by any other communication means (including telephone number). Information on the validity of such an “e-promo code” shall be specified by the Seller immediately upon sending it to the Buyer, accompanied by other information regarding such an “e-promo code”.
7.3.4. In case of non-use of such “e-promo code” by the Buyer during its validity period and the Buyer’s application to the Seller in accordance with the terms and conditions of clause 7.3 of the Offer*, the Seller shall refund the money to the Buyer, but not before the full end of conditions (circumstances) of clause 7.3.2. of this Offer and expiry of the “e-promo code” validity period.
7.4. If the Buyer wishes to return the acquired Ticket (for reasons other than cancellation, postponement or change of the Event) and receive the money paid for it, the Buyer shall apply to the Seller (via the following link: https://peppersclub.com.ua/), with a request to make such a refund, no later than 48 hours before the Event for which the Buyer acquired the Ticket. In case the relevant application is received by the Seller less than 48 hours before the Event and/or does not comply with the terms and conditions set out in clause 7.4. of this Offer, such application shall not be considered.
7.4.2. Should the Seller decide to refund the Buyer for the acquired Ticket, such refund will be made by the Seller within 30 (thirty) business days.
7.5. The Buyer shall confirm and agree that the procedure and reasons for the refund have been communicated to the Buyer in full and are known and understood by the Buyer.
ARTICLE 8. RESPONSIBILITY OF THE PARTIES
8.1. The Seller, if not acting as the Organizer, shall not be responsible in any way for postponing, substituting or cancelling the Event or for the preparation and hosting of the Event.
8.2. In case of non-fulfilment or improper fulfilment of their obligations, the Parties shall be responsible in accordance with the legislation of Ukraine and the terms and conditions of this Offer. Responsibility of the Seller in the process of providing Services to the Buyer shall be limited to the function of organization and implementation of interaction between the Organizer and the Buyer in order to sell the Ticket to the latter, i.e. the Services provided directly by the Seller.
8.3. The Seller shall not be responsible for the inconsistency of the Services provided by the Organizer with the Buyer’s expectations and/or its subjective assessment. The advice and recommendations given to the Buyer cannot be regarded as the provision of any warranties.
8.4. The Parties shall be relieved of responsibility for full and/or partial failure to fulfil their obligations under this Offer if such failure is due to force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions. Force majeure circumstances shall include, in particular: natural disasters, acts of war, strikes, acts and resolutions of public authorities, failures occurring in telecommunications and power networks.
ARTICLE 9. DISPUTE RESOLUTION
9.1. Disputes arising out of the fulfilment of the terms and conditions of this Offer shall be resolved in accordance with the claim procedure. The claim shall be submitted to the Seller in writing and accompanied by documents substantiating the claim within no more than 10 (ten) calendar days from the date when the cause of the dispute arose. The submitted claim shall be considered by the Seller within a period not exceeding 30 (thirty) calendar days.
9.2. If no agreement can be reached on the disputes arising, they shall be considered in the court at the Seller’s location.
9.3. In all other matters not provided for in the Offer, the Parties shall be governed by the legislation of Ukraine.
ARTICLE 10. FORCE MAJEURE
10.1. The Parties shall be released from responsibility for non-fulfilment (improper fulfilment) of their obligations under this Offer in cases of force majeure circumstances occurring after acceptance of the terms and conditions of this Offer due to extraordinary events, which the Parties could neither foresee nor prevent by reasonable means. Force majeure circumstances are events whose occurrence, timing and nature cannot be influenced by the Parties. Such circumstances may include fires, natural disasters, accidents, epidemics, lockdowns, disasters, wars, military operations of any nature, blockades, strikes, export and import bans, a resolution passed by a governmental authority or administration that makes it impossible to properly implement this Offer, prohibitive acts of the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the Antimonopoly Committee of Ukraine, the National Bank of Ukraine (the term “prohibitive acts” is understood as a law or a document of regulatory nature, preventing (prohibiting this or that activity) the Parties to fulfil their obligations under this Agreement) and other extraordinary circumstances recognized as such in international business practice or provided for by this Offer.
10.2. The Party for which it has become impossible to fulfil its obligations under this Agreement shall, within 10 (ten) calendar days of the occurrence of force majeure circumstances, notify the other Party in some effective manner of the occurrence of force majeure circumstances, their intended duration and the termination date.
10.3. Failure to notify or late notification of such circumstances shall preclude the invocation of such circumstances as a ground for exemption from responsibility.
10.4. Upon termination of force majeure circumstances, a Party shall immediately give notice thereof to the other Party.
10.5. If force majeure circumstances continue for a period of 1 (one) consecutive month and show no sign of ending in the near future, this Offer may be terminated by the Buyer or the Seller, but subject to the terms and conditions of Article 7 of this Offer.
ARTICLE 11. AMENDMENT AND TERMINATION OF THE AGREEMENT
11.1. The latest version of the Offer shall be effective from the date of its posting on the Seller’s website and shall be valid indefinitely. The provisions of this clause shall also apply to unilateral additions (amendments) to this Offer made by the Seller.
ARTICLE DEFINITIONS AND TERMS
That’s exactly what one may say about the “Pepper’s club”, a new music pub opening its doors on the territory of former «Arsenal», once a powerful weapon factory.
No matter where you come from, in the very moment you enter this place you become the life member of the “Sergeant pepper’s lonely heart club band”. Cause Beatles unite not only hearts, but also generations and continents! It’s the right place for those who appreciate live music , excellent drinks and delicious food with real historical flavour!
“Pepper’s club” is still on guard of the unique atmosphere of centuries-old Kiev, it is full of memories of the historical events that took place in the famous “Arsenal” weapons factory.