Terms and Conditions
In the event of difficulties of interpretation, the German text of these Terms and Conditions shall prevail.
1. Validity of the General Terms and Conditions
1.1 These General Terms and Conditions (GTC) regulate the sale and delivery of all present and future orders for products and services (hereinafter collectively referred to as “the Services”) that the Stadt Wien Kunst GmbH / Kunsthalle Wien (hereafter referred to as “Kunsthalle Wien”) provides to its clients at its locations or as part of its internet platform https://www.kunsthallewien.at/
These GTC apply to all customers (hereinafter referred to as “the Contractual Partners”).
1.2 Terms and conditions of the Contractual Partners shall not apply. Deviating or additional agreements with natural persons or legal entities that are outside the scope of the Austrian Consumer Protection Act (“KSchG”) must be negotiated individually with the Kunsthalle Wien.
I. Online shop
2. Services and terms of payment
2.1 The products offered by the Kunsthalle Wien at https://www.kunsthallewien.at represent a non-binding invitation from the Kunsthalle Wien to its Contractual Partners to make a binding offer for the offered goods. Upon ordering in the online shop via clicking the button “Order with obligation to pay,” Contractual Partners are making such a binding offer. A contract between the Contractual Partners and the Kunsthalle Wien is only then concluded when the Kunsthalle Wien has accepted this offer with a separate confirmation.
2.2 After selecting the desired items and entering the contact details in the order form or ordering via the e-mail form, the Contractual Partners will receive a confirmation e-mail. By placing an order, the Contractual Partners accept the GTC of the Kunsthalle Wien. The purchase contract concludes once the ordered items have been sent.
2.3 For companies outside Austria within the EU that require invoicing without VAT, please contact us by email at shop@kunsthallewien.at.
2.4 Shipping costs are charged according to weight, volume, and the address to which the order is delivered. The order is sent by the Austrian post together with the invoice. Delivery deadlines always apply from the moment at which the contract is concluded.
2.5 The Kunsthalle Wien reserves the right to withdraw from the contract in the event that itself has not been supplied correctly or properly with respective items. If the goods are unavailable or only partly available, the Contractual Partners will be informed immediately and will be reimbursed.
3. Retention of ownership
3.1 The Kunsthalle Wien retains ownership of all products that it delivers until all outstanding debts arising from the business relationship with the Contractual Partners have been paid. This retention of ownership continues to apply even if the Contractual Partners resell the delivered products to a third party. Any claims resulting from this resale to third parties are hereby already assigned to the Kunsthalle Wien by the Contractual Partners. Any resulting costs shall be borne by the Contractual Partners.
4. Right of cancellation
4.1 Contractual Partners who are consumers have the right to cancel the contract within 14 days of sending the goods without giving a reason. In order to assert this right, they must complete a form and return this, together with the goods, to the Kunsthalle Wien. The Contractual Partners bear the costs for return shipping.
4.2 The Kunsthalle Wien is registered with the alternative dispute resolution services “Online Dispute Resolution” (https://webgate.ec.europa.eu/odr) and “Internetombudsman” (www.ombudsmann.at). If Contractual Partners are consumers, they have the opportunity to use an impartial arbitration service on the above-mentioned platforms as a means of extrajudicial resolution.
The e-mail address of the Kunsthalle Wien Shop is: shop@kunsthallewien.at
II. Common provisions
5. Payment terms
5.1 The prices stated for all Services include legally applicable taxes but exclude any packaging and shipping costs for online orders.
5.2 The total costs are displayed before the submission of the contractual declaration.
5.3 Online payment can be made via the proposed payment methods and concludes the order or online booking process.
5.4 In person payment takes place in cash or by card payment (debit or credit card payment)
6. Compensation and guarantee
6.1 The legal compensation and guarantee provisions shall apply. If the customer qualifies as entrepreneur (running a business), she/he shall be subject to the commercial obligation to inspect and give notice of defects within the meaning of § 377 Austrian Corporate Code (“UGB”). If he fails to comply with these notification obligations, the goods shall be deemed approved.
7. House Rules
7.1 The House Rules of the Kunsthalle Wien are part of these GTC and become part of the agreement upon the successful ticket purchase and visit of the Kunsthalle.
7.2 The House Rules govern, in particular, the rules of behaviour for visitors to all the locations of Kunsthalle Wien. Museum staff is permitted to expel people from the museum if they infringe the House Rules. In such cases, the cost of the ticket will not be reimbursed.
7.3 The House Rules are accessible in the entrance areas of both Kunsthalle Wien locations and can also be accessed online.