A FUNtastic FEST to grow up!

Terms and conditions

TERMS AND CONDITIONS www.kidsfestro.ro

1. INTRODUCTION

The website www.kidsfestro.ro is operated by KIDS FEST S.R.L. , with registered office in Bucharest, str. Turnu Mǎgurele Street nr.5, bl.C1B, sc.5, et.6, sector 1, registered at the Trade Register under no.J40/22622/2021, sole registration code 45407030, as personal data controller (“Operator” or “KIDS FEST” or “we”).

(hereinafter referred to as “KidsFest”)

This document sets out the terms and conditions of use of the website www.kidsfestro.ro (hereinafter referred to as the “Website”) and the conditions of purchase of products, services and tickets offered for sale through this website www.kidsfestro.ro (hereinafter referred to as the “Terms and Conditions”).

The Return Policy, Privacy Policy, Cookie Policy of www.kidsfestro.ro and any other documents referred to herein form part of the Terms and Conditions. By using the Website and by purchasing products, services and tickets offered for sale by KidsFest you accept the Terms and Conditions detailed below, with all consequences arising from your acceptance thereof. By accepting the Terms and Conditions, you also agree to the Return Policy, Privacy Policy, Cookie Policy of www.kidsfestro.ro, and all other documents referred to herein.

By accepting the Terms and Conditions (by ticking the “I accept the Terms and Conditions” box), the Customer agrees that: (i) if the Customer is a natural person, the Customer is acting in his/her own name and is not representing any other person, and if the Customer is a representative of a legal person, the Customer is acting within the limits of the authority granted to him/her; (ii) the Customer will provide accurate and complete information for the use of the Website; (iii) Customer shall not use the Website to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose any software, content, offers, products (tickets) or services provided by KidsFest or its partners or obtained through the Website without the express prior written consent of KidsFest. This restriction includes any attempt to incorporate any information from the Website into any other catalogue, product or service; (iv) Customer will not use the Website in any manner that could adversely affect the availability of its resources or its use by other Customers or in any manner that could damage, disable, overburden or impair KidsFest’s or any third party’s servers or networks; and (vii) Customer will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions or other relevant policies.

If you do not agree to the Terms and Conditions, please do not use this Website.

Please read the Terms and Conditions carefully before using this Website and placing any order through it.

KidsFest reserves the right to change the Terms and Conditions at any time without prior notice. KidsFest reserves the right to modify and/or add new rules and restrictions to the content of the Website at any time without prior notice. KidsFest, reserves the right to modify and/or update any service or right to use any service, at any time, without prior notice. The Terms and Conditions were last updated on 15 April 2022.

Any changes to the Terms and Conditions will only be effective for new orders registered after the posting of such changes on this Website. Therefore, please check the Terms and Conditions section before each order as changes may have occurred since your last visit.

If you have any questions about the Terms and Conditions, please contact us in the ways mentioned above.

2. DEFINITIONS AND TERMS

KidsFest – is the trade name of the company KIDSFEST S.R.L. with registered office in Bucharest, Str. Turnu Mǎgurele nr.5, bl.C1B, sc.5, et.6, sector 1, registered at the Trade Register under nr.J40/22622/2021, sole registration code 45407030.

Customer – can be any natural person who is over 16 years of age or legal entity accessing the Content of the Website www.kidsfestro.ro, through any communication channel provided by the Seller (electronic, telephone, verbal, etc.).

Order – is the electronic request sent by the Buyer to the Seller, via the Website www.kidsfestro.ro and by completing the technical steps required for the order, in order to purchase Products, Services, Tickets sold online, under the conditions set out in the Terms and Conditions, by the Seller.

Buyer – can be any natural person who is over 16 years of age or any legal entity or legal entity placing an Order on the www.kidsfestro.ro Website.

Commercial Communications – means any form of communication (e.g. email, SMS, telephone, mobile push or webpush notifications) designed to promote, directly or indirectly, the Products, Services and Tickets or products similar or complementary to those you have purchased, information about offers or promotions, market research and opinion polls.

Contract of Sale – is the contract under which the Seller transfers or undertakes to transfer ownership of Products, Services, Tickets to the Buyer and the Buyer pays or undertakes to pay their price.

Remote Contract – means the remote contract concluded between the Buyer, in accordance with the Terms and Conditions expressly accepted by the Buyer, and the Seller, within the framework of an organised distance sales or service provision system, without the simultaneous presence of the Seller and the Buyer, with the exclusive use of one or more means of distance communication, up to and including the time when the Contract is concluded.

Content – means (1) all information displayed on the www.kidsfestro.ro that can be visited, viewed or otherwise accessed by the use of electronic equipment; (2) the content of any e-mail sent to the Buyer by the Seller by electronic means and/or any other available means of communication; (3) any information communicated to the Buyer by any means of communication by an employee or partner of the Seller using the contact information provided by the Buyer; (4) information relating to the Products and/or Services and/or Tickets and/or prices/prices charged by the Seller in a given period; (5) data relating to the Seller or other privileged data of the Seller.

Document – means the Terms and Conditions set out. By accessing and using the Website, the Customer

acknowledges and accepts the Terms and Conditions and other policies relevant to the Website.

Products and Services – means any ticket or service or ticket listed on the Website, including tickets and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the Contract entered into.

Section – represents a section on the Website www.kidsfestro.ro

Transaction – means the collection or refund of an amount resulting from the sale of a Product and/or Service and/or Ticket by the Seller to the Buyer, using the services of the payment processor agreed by the Seller, regardless of the method of delivery of the Product and/or Service and/or Ticket.

User – can be any natural person who is over 16 years of age or any legal entity accessing the Website for private or professional purposes and who has accepted the Terms and Conditions of this Website.

Vendor – KidsFest selling products and services through the website www.kidsfestro.ro

Website – the online shop hosted at www.kidsfestro.ro and its subdomains.

3. CONTRACT

  • By registering an Order on the Website, the Buyer agrees to the form of communication (e-mail or

telephone) by which the Seller conducts its business operations.

  • The notification received by the Buyer after the Order has been placed is for information purposes and does not constitute acceptance of the Order. This notification is made electronically (e-mail), by telephone or SMS.
  • For justified reasons, the Seller reserves the right to limit/modify the number of tickets per Order (used to place the Order) depending on the type of product. The Seller also reserves the right to cancel any suspicious Order that may be followed by the resale of purchased tickets.
  • In the event that the quantity of Products (Tickets) in the Order is limited/changed, the Seller shall notify

the Buyer on the e-mail address or telephone number made available to the Seller when placing the Order.

  • The contract shall be deemed concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of dispatch of the Order in the case of delivery of the Tickets in electronic format by e-mail.

3.6 Invoices confirming the purchase of Tickets and/or Services by the Buyer will be issued in electronic format and sent to the email address specified by the Buyer when placing the Order on the Website, in case the Buyer requests an invoice to be issued.

4. ONLINE SALES POLICY

  • KidsFest allows any User/Buyer access to place an Order.
  • KidsFest may publish on the Website information about Products/Services/Tickets/Promotions offered by it, within a certain period of time and subject to availability.

4.3. All information used for the description of the Products/Services/Tickets available on the Website does not represent a contractual obligation on the part of the Seller and is used for presentation purposes only.

  • All prices of Products/Services/Tickets displayed on the Website are expressed in lei and include VAT and

all related taxes.

  • KidsFest offers Tickets for sale in exchange for payment by the following means of payment: online payment with a bank debit or credit card via the payment processor agreed by the Seller.
  • In the case of online payments, the Seller is/cannot be held liable for any other additional costs incurred by the Buyer, including but not limited to currency conversion bank fees charged by the Buyer’s debit or credit card issuing bank, if the currency of the card issue differs from RON.
  • Tickets ordered or paid for via the Website will be sent by e-mail for Tickets issued in electronic format.
  • In the event of an unusually high volume of traffic from an Internet network, the Seller reserves the right to require Users or Buyers to manually enter captcha validation codes in order to protect information on the Website.

4.9. ONLINE ORDERING

  • Step 1: Add the desired Tickets to your shopping cart by selecting the “Add to cart” button. “You can add more than one ticket from different categories to your basket.

4.9.2.  Step 2: Check your order

After adding each ticket, you are automatically directed to the shopping cart, where you can review the list of selected Tickets, update the quantity or cancel one or all of the selected Tickets.

4.9.3.   Step 3: Invoicing and order delivery details

After adding the desired Tickets to the basket, you must fill in your details as the purchasing customer [name, surname, e-mail address, phone number], fill in the age of the minor children for whom the Tickets were purchased, fill in the billing details (in case you want an invoice to be issued),

Do not forget to read the Terms and Conditions and tick the box “By submitting your order I accept the KidsFest Terms and Conditions” before submitting your order.

The final step for sending the order is the “Send order” button. Shortly after pressing this button, you will

receive an e-mail confirming the order registration.

4.9.4.  Step 4: Saving data

After each order placed, the delivery data is saved for later use.

The Seller may unilaterally cancel the Order placed by the Customer without any further obligation of either party to the other or without either party being able to claim damages from the other in the following cases:

  • non-acceptance by the Customer’s card-issuing bank of the transaction in the case of online payment;
  • invalidation of the transaction by the card processor approved by the Seller, in case of online payment;
  • the data provided by the Customer on the Website are incomplete or incorrect;
  • the Customer’s activity on the Website may and/or does cause damage of any kind on the part of the Seller;
  • making more than two consecutive failed deliveries;
  • in the event of a suspicious transaction or a transaction declared as suspicious by an authority, institution, banking establishment or person in law;
  • for other objective reasons.

5. ORDER

  • The Customer/Buyer may place Orders on the Website by adding the Tickets to the shopping cart and completing the Order by making payment using one of the payment methods mentioned on the Website. Adding a Ticket to the shopping cart, without following the steps to complete the Order, does not constitute the registration of the Order and therefore does not constitute the automatic reservation of the Ticket.
  • At the time of completing the Order, the Buyer agrees that all data provided by the Buyer necessary for the purchase process is correct, complete and true at the time of placing the Order.
  • By completing the Order, the Buyer agrees that the Seller may contact the Buyer, by any available means of communication (e.g. email or telephone number) agreed by the Seller, in the event that it is necessary to contact the Buyer.
  • The Seller may cancel the Order completed by the Buyer, upon prior notice to the Buyer, without any further obligation on the part of the Seller and the Buyer, or without either party being entitled to claim damages against the other, in the following cases:
    • non-acceptance of the transaction by the Buyer’s card-issuing bank in the case of online payment;
    • invalidation of the transaction by the payment processor agreed by the Seller, in case of online payment;
    • the data provided by the Buyer is incomplete and/or incorrect.

6. RIGHT OF WITHDRAWAL FROM THE CONTRACT FOR TICKETS

  • KidsFest sells tickets for shows and events that fall under activities and services; therefore, in accordance with the provisions of art.16 lit.l) of GEO no.34/2014 on consumer rights in contracts concluded with professionals, for the sale of tickets for shows or events, buyers may not exercise their right to withdraw from the contracts for the sale-purchase of tickets concluded at a distance or outside commercial premises, if the buyer has placed an order or from the contracts for the sale-purchase of tickets executed at a distance or outside commercial premises, within the period of 14 calendar days from the date of taking possession of the tickets, provided for by the legislation in force.
  • No return of tickets and/or request for a refund of the ticket price will be accepted for tickets ordered, paid for, delivered and valid for a performance or event that will take place according to the announced programme (date and time), location and participating artists and/or has not had any change announced regarding the initial programme (date and time), change of location or change/withdrawal of artists initially announced as participants in the performance/event.

RETURN OF TICKETS AND REFUND OF TICKET PRICE IN CASE OF POSTPONEMENT/CANCELLATION OF THE PERFORMANCE/EVENT

  • In case of postponement (date and/or time), change of location or change of programme/participating artists or in case of cancellation of a performance/event, the rules mentioned in the section “Return tickets” apply.
  • KidsFest will notify all customers by posting on www.kidsfestro.ro and/or by e-mail about the conditions for returning tickets and recovering the ticket price. Tickets may be returned to the Organiser’s premises at the KidsFest locations specified on time, as well as the time periods for returning tickets.

TICKET RETURN

  • A ticket purchased for an upcoming event/performance cannot be returned.
  • A ticket purchased for (1) an event/show that has been postponed (in terms of date and/or time) or has had a change of venue or programme/artist changes (withdrawal of an artist from those originally announced) or (2) an event/show that has been cancelled, can be returned under the following conditions for tickets issued in electronic format (tickets paid for online and received via e-mail): a return request will be sent to [email protected], the value of the ticket issued in electronic format will be refunded to the account from which it was paid, within 14 working days after the date on which the event will take place.

7. METHOD OF PAYMENT. INVOICING

  • KidsFest offers Tickets for sale to non-registered users of the Website in exchange for payment by the following means of payment: (1) online payment with a bank debit or credit card through a payment processor agreed by the Seller or (2) bank transfer to the Seller’s bank accounts only in the case of children’s groups organised by educational institutions.

7.2.  Online payment with a debit or credit bank card

  • If you have your card saved in your user account, you must follow the next steps:
  • select your card from the available payment methods and
  • press the Send Order button. Payment is made automatically.

7.2.2.  If you have a debit or credit bank card that you have not yet saved in your user account:

  • Select payment method Credit or debit card,
  • Click the Submit Order button and you will be redirected to the payment processor’s website, where you

will follow all the instructions displayed to make the payment.

  • The transaction shall be confirmed by e-mail. If payment is not confirmed, you will receive a re-try message. If you choose to save the card, you will be able to select it the next time you order without having to enter all the details.

7.2.4 In order to increase the security of online payments, in line with the latest EU regulations, starting 14 September 2020, banks in Romania will gradually introduce a new authentication factor. This new authentication element can be requested in the payment authorisation process, together with the 3D Secure code you receive via SMS. Accepted cards are those issued under the VISA (Classic and Electron) and MASTERCARD (including Maestro, if they have VV2/CVC2 code).

7.2.5. If your card is associated with an account in a currency other than RON, transactions shall be carried out in RON at the exchange rate of the issuing bank for the card.

The processing of card data is done exclusively through the payment processor. KidsFest does not request and store details of your credit or debit card.

7.3.  Bank transfer by money order to the Seller’s bank accounts

This type of payment can only be used in the case of children’s groups organized by children/schools and will only be made on the basis of the proforma invoice issued by KidsFest to the e-mail address communicated by the client. Tickets will be issued after confirmation of payment of the proforma issued to the account specified in the document.

8. TRANSFER OF OWNERSHIP OF TICKETS

Ownership of the Tickets will be transferred upon payment by the Buyer at the location indicated in the Order; delivery being understood as confirmation/proof of receipt of the Tickets issued electronically by electronic mail (e-mail).

9. ASSIGNMENT AND SUBCONTRACTING

with the Buyer’s notice, without the Buyer’s consent. The Seller shall at all times be liable to the Buyer for all

contractual obligations.

10. PRIVACY

  1. KidsFest will keep confidential any information of any nature that you provide. Disclosure of the information provided will only be made under the conditions set out in the Terms and Conditions.
  1. No public statement, promotion, press release or any other disclosure to third parties shall be made by Buyer/Customer with respect to the Order/Contract without Seller’s prior written consent.
  1. By submitting information or materials through this site, you grant Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Seller may freely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you submit to us through the Website.
  1. KidsFest shall not be subject to any obligations concerning the confidentiality of the information submitted, unless otherwise specified by the applicable legislation.

11. PROCESSING OF PERSONAL DATA

The Privacy Policy can be found here. Cookies Policy can be found here.

12. INTELLECTUAL PROPERTY LAW

  1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of KidsFest, to which KidsFest reserves all rights obtained in this respect directly or indirectly (through licenses for use and/or publication).

12.2 Customer/Buyer/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, incorporate any Content in any context other than as originally intended by KidsFest, incorporate any Content outside of the Website, remove any markings signifying KidsFest’s copyright in the Content, or participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of KidsFest.

  1. The Customer/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, provided they do not conflict with the provisions of the Document.
  1. Any use of the Content for purposes other than those expressly permitted by this Document or the

accompanying User Agreement, if any, is prohibited.

13. COMMERCIAL COMMUNICATIONS

13.1. The User or the Customer has the right to express his consent or not to receive newsletters and/or alerts from the Seller.

  1. Data collected from the User or Customer for the purpose of sending newsletters and/or alerts can and will

be used by the Seller and its Partners within the limits of the Privacy Policy.

  1. Opting out of receiving newsletters and/or alerts by the User or Client may be done at any time:
  2. using the dedicated link in any newsletters and/or alerts you receive;
  3. by contacting the Seller in accordance with the contact information, and without any subsequent obligation of either party to the other or without either party being able to claim damages against the other.
  1. Opting out of receiving newsletters and/or alerts does not imply that you are opting out of the Terms and Conditions document.
  1. The Seller reserves the right to select the persons to whom it will send newsletters and/or alerts as well as the right to remove from its database any User or Customer who has previously expressed their consent to receive newsletters and/or alerts, without any subsequent commitment on the part of the Seller, or any prior notification by the Seller.
  1. The Seller shall not include in newsletters and/or alerts sent to the User or the Customer any other advertising material in the form of content referring to any third party that is not a partner of the Seller at the time of sending the newsletters and/or alerts.

13. FRAUD

  1. The Seller shall not ask its Customers or Users by any means of communication (e-mail, telephone, SMS, etc.) for information relating to confidential data, bank accounts/cards or personal passwords.
  1. The Customer/User assumes full responsibility for the disclosure of his/her confidential data to third parties.
  1. The Seller disclaims all liability in the event that a User/Customer is/is harmed in any way by a third party

claiming to be/representing the interests of the Seller.

  1. The Customer or the User shall inform the Seller of such attempts using the contact details.
  1. The seller does not promote SPAM. Any User/Customer who has explicitly provided his/her email address on the Website may opt to deactivate the customer account related to this email address.
  1. Communications made by the Seller by electronic means of distance communication (e.g. e-mail) shall

contain the sender’s full and correct identification data or links to it at the time of transmission of the content.

  1. The following purposes, whether achieved or not, shall be considered as an attempt to defraud the Website/Content and/or the Seller. The Seller reserves the right to take action against any competent authority against the person or persons who have attempted to, or have achieved such purpose(s):
  2. to access data of any kind of another User/Customer by using an account or by any other method;
  3. to alter or modify the content of the Website or any correspondence sent by any means by the Seller to the

User/Customer;

  • to affect the performance of the server(s) running the Website;
  • to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by the Seller to the User/Customer when the latter is not the legitimate recipient of the content.
  1. The Customer of the Website agrees, and the Seller has the obligation, that in case of suspicious or declared suspicious transactions, upon request of any public authority, authorized institutions, partner banking establishments or other such entity, to communicate the Customer’s personal data, making clear to the requester of such data that he has the obligation to keep the communicated data confidential.

14. FORCE MAJEURE AND FORTUITOUS EVENT

14.1 Unless expressly provided otherwise, neither party to a contract concluded and still in force shall be liable for failure to perform on time and/or properly, in whole or in part, any of its obligations under the contract if the failure to perform such obligation was caused by an event of force majeure.

  1. The party or the legal representative of the party claiming the aforementioned event is obliged to inform the other party immediately and fully of its occurrence and to take any measures at its disposal to limit the consequences of the event.
  1. The party or the legal representative of the party invoking the above-mentioned event shall be released from this obligation only if the event prevents it from carrying it out.
  1. If within 15 days from the date of occurrence of the event, the event does not cease, each party shall be entitled to notify the other party of the termination of the contract without either party being entitled to claim any further damages.
  1. The party claiming force majeure must prove the impossibility of performance within 15 days from the date of the event but only if the event prevents it from performing.

15. APPLICABLE LAW – JURISDICTION. LITIGATION

shall be settled amicably or, if this is not possible, the disputes shall be settled by the competent Romanian

courts in the Municipality of Bucharest.

  1. By using, visiting, viewing, etc., the Websites and/or any content sent by the Seller to the User/Customer by accessing and/or sending by any means (electronic, telephone, etc.), the User/Customer agrees at least to the provisions of the “Terms and Conditions”.
  1. If any of the above clauses shall be found void or invalid for any reason whatsoever, such clause shall not affect the validity of the remaining clauses.

16. FINAL PROVISIONS

  1. The Seller and its Partners reserve the right to make any changes to these provisions, as well as any changes

to the Website, its structure, the Service, and any Content without prior notice to the User or Customer.

  1. Subject to the provisions of this Document, the Seller shall not be liable for any errors occurring on the Website due to any cause whatsoever, including due to changes, settings, etc., which are not made by the Website administrator.
  1. The Seller reserves the right to place advertising banners of any kind and/or links on any page of the Website, subject to the legislation in force.