General Terms and Conditions (GTC)
§ 1 Company information
Company name: Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH Kunsthaus Bregenz
Address: Kornmarktstraße 6, 6900 Bregenz, Austria
VAT ID: ATU42419405
Company accounts registrar: Feldkirch
Bank details: IBAN: AT485800010259973118, BIC: HYPVAT2B
§ 2 Scope of application
The following General Terms and Conditions shall exclusively apply for the business relationship between the purchaser and Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH according to the valid version at the time of placing the order. Deviating terms and conditions of the purchaser shall not be recognised by Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH, unless Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH expressly agreed to their validity in writing.
§ 3 Product description and uses
We will attempt to provide you with a good insight into our products by means of a precise illustration and description. However should questions arise, please get in contact with us via email.
We expressly draw your attention to the fact that our products are to be used exclusively for their intended purpose.
§ 4 Conclusion of the Purchase Agreement
Orders by the customer are made by clicking on the “Send order” icon after the goods were added to the electronic shopping cart and you included details on your method of payment. Provided that you did not click on “Send order”, you can cancel the ordering process at any time by clicking on “Shopping cart” in the menu list, and removing the product from your shopping cart.
Your order constitutes an offer to us for the conclusion of a Purchase Agreement. If you place an order with Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH, we will send you an email which confirms the receipt of your order with us and lists its details (order confirmation). This order confirmation does constitute acceptance of your offer, but instead it is intended to inform you that your order has been received by us. It will be stored electronically by Vorarlberger
Kulturhäuser-Betriebsgesellschaft mbH for the purpose of documentation. A Purchase Agreement only comes into effect when we dispatch the ordered product to you.
The Agreement languages shall be English and German only. Our offers are non-binding up to conclusion of the Agreement, we reserve the right to make price changes.
Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH does not offer any products for sale to minors. It is also only possible for adults to purchase our products for children.
§ 5 Delivery conditions
Unless otherwise agreed, the delivery takes place from the warehouse to the delivery address specified by the purchaser. Details regarding the delivery period shall be non-binding unless the delivery date has been exceptionally agreed as binding. The delivery will be made at the latest within 30 days. If the product ordered from Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH cannot be delivered for whatever reasons, you will be immediately informed about this. If the purchased price has already been paid at this point or an advance payment has already been made, this amount will be promptly repaid.
The costs for the delivery shall be calculated and announced during the order process according to weight and delivery address. Deliveries to Austria and Germany whose order value exceeds €100, will not be charged shipping costs. Maximum order value via our webshop is €500. Please contact us if you want to order higher quantities.
§ 6 Payment options and conditions
Payment is made via credit card (Mastercard/Eurocard, Visa) or PayPal.
The payment options offered in our web shop are processed safely and reliably by the Payment Service Provider (PSP) Wirecard Central Eastern Europe GmbH, which has been repeatedly certified and awarded. The company has specialised in online payment transactions and operates a payment platform for E and M-commerce.
The Wirecard GmbH is obligated to carry out regular security audits as part of the certification according to the Payment Card Industry Data Security Standard (PCI DSS). The PCI DSS comprises extensive provisions with regard to technical aspects (storage of payment data, system architecture, software design) and internal company processes (access rights, disclosure policy). As an infrastructure provider, Wirecard GmbH is subject to the payment systems oversight of the Austrian National Bank.
Wirecard GmbH is one of the leading Payment Service Provider. Further information can be found at https://www.wirecard.at/
We reserve the right to demand an advanced payment amounting to 50% of the order amount for orders exceeding €1,000.
If the purchaser is in default of payment, Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is entitled to charge default interest amounting to 5% per annum above the base interest rate announced by the European Central Bank. If Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH sustains demonstrably higher damage by default in payment, Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is entitled to claim for such a loss.
§ 7 Special features when purchasing on account
Purchase on account is not possible via our webshop. If you would like to purchase on account, please contact us.
For payment on account, Voralberger Kulturhäuser-Betriebsgesellschaft mbH examines and evaluates the data provided by the purchaser and shall exchange data with other companies where there is a legitimate cause.
§ 8 Special terms for commercial customers
Commercial EU customers outside Austria can also make a payment without sales tax by indicating their VAT ID. In order to do so, you must specify the VAT ID when registering with the KUB web shop. After successfully reviewing this data, we will enable the corresponding setting in the web shop for delivery exempt from sales tax. This process can take several days. You will be informed about this via email.
§ 9 Right of withdrawal
The purchaser can, on their part, withdraw from the Agreement in writing (also via email) or by returning the goods within two weeks after receipt of the goods. For compliance with the withdrawal period, it shall suffice if the declaration of withdrawal or return of the goods, was sent within the 14-day period. The costs for returning the goods shall be borne by the purchaser.
A right of withdrawal shall not exist for audio or video recordings (e.g. CDs, video cassettes, DVDs) or software, which has been unsealed by the purchaser. This also includes services that were delivered online (e.g. software to download).
Please note that Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH can retain any reduction of value caused by use of the goods.
§ 10 Set-off, retention
The purchaser is only entitled to the right to set-off, if their counterclaims have been finally determined or are acknowledged by Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH. Furthermore, exercising the right of retention is only authorised in so far as their counterclaim is based on the same contractual relationship.
The statutory rights of retention shall additionally apply to consumers according to the Consumer Protection Act (KSchG).
§ 11 Retention of title
The delivered goods remain the property of Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH until payment is made in full.
§ 12 Liability for defects
Should the purchased goods be defective, the purchaser can request supplementary performance (remedying of defects or replacement delivery). If the supplementary performance fails, the purchaser can withdraw from the Agreement where the defect is considerable, reduce the purchase price or assert a claim for compensation. The assignment of these claims by the purchaser is excluded.
Unless specified otherwise in the provisions below, further claims on the part of the purchaser - irrespective of the legal grounds - are excluded. Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is therefore not liable for damages not incurred on the delivery item itself; in particular, Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is not liable for loss of profit or other financial losses of the purchaser. To the extent that the liability of Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is excluded or limited, this shall also apply for the personal liability of employees, representatives and vicarious agents.
The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or in case of bodily injury. Nor does it apply if the purchaser asserts claims on the basis of the Product Liability Act.
Insofar as Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH negligently breaches an essential contractual obligation, the obligation to pay compensation for property damages shall be restricted to the damage that typically occurs.
If the supplementary performance takes place by means of a replacement delivery, the purchaser is obliged to return the initially delivered goods to Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH within a period of 30 days. If the goods are not delivered to Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH within this period, Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH is authorised to demand compensation for the initially delivered goods and to debit this compensation via the named payment method.
The period of defect warranty shall be twenty four months, calculated from the delivery date.
§ 13 Collection, processing and use of personal information of our customers
Information that we get from you, helps us to customise and continually improve your shopping experience at Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH. We use this information for processing orders, delivering goods and rendering services as well as handling the payment (in case of purchase on account also for necessary auditing). We also use your information in order to communicate with you about orders, products, services and marketing offers as well as to update our records and to maintain your customer accounts with us, to display contents such as wish lists or customer reviews and to recommend products or services which may be of interest to you. We also use your information to enhance our shop and our platform, to prevent the misuse of our website and to discover such misuse or to enable third parties to carry out technical, logistical or other services on our account.
Vorarlberger Kulturhäuser-Betriebsgesellschaft mbH undertakes to not pass on any customer data to third parties. Furthermore, the customer has the right to object to their data being used for those purposes mentioned in § 13.