General Terms and Conditions

Effective from June 2024

General Terms and Conditions

for ordering goods, tickets and video-on- demand-products in the online shop of the KHM-Museumsverbands

§ 1 Information about the company

  1. KHM-Museumsverband
    Scientific Institution under Public Law
    Burgring 5, A-1010 Vienna, Austria
    VAT identification code: ATU 45940200
    Commercial register number: 182081t / Vienna Commercial Court

     

§ 2 Area of validity

  1. These general terms and conditions of the KHM-Museumsverband (in the following referred to as KHM) apply to the order of goods from the range offered by the KHM in its Online Shop in the version valid at the time when the order is made.

  2. By making an order the client accepts the general terms and conditions.  Only these terms and conditions are valid.  Deviant conditions will not be recognised by the KHM unless the KHM has expressly accepted the deviation in writing.

  3. If separate conditions of these general terms and conditions contradict compulsory legal regulations completely or partially, the remaining terms of these general terms and conditions nevertheless retain their validity.

 

§ 3 Language of the contract

  1. The language of the contract is English.

 

§ 4 Contractual relationship

  1. All offers in the Online Shop of the KHM are invitations to the client to request an offer.  By making an order in the Online Shop the client submits a binding offer to conclude a purchase contract with the KHM. The client receives an order confirmation with the business conditions via e-mail. This order confirmation does not mean acceptance of the offer by the client but is intended merely to inform him or her that the order has been received by the KHM.

  2. The purchase contract with the KHM comes into being when the ordered good(s) are sent to the client.


§ 5 Purchase price, costs of postage and packing, delivery conditions

  1. All prices contain the legal Value Added Tax. No VAT is charged if goods are sent to clients outside the EU. In order to benefit from a VAT exemption, Companies with a valid VAT-ID have to place their order via shop@khm.at (not via Online Shop).

  2. Customs duties or postage and packing are not included in the price.

  3. The KHM reserves the right to make changes in prices, and printing errors can occur.  You will be informed about possible changes in price before the goods are dispatched.

  4. If the KHM is unable to accept the order or cannot carry it out because the item is not available, the client will be informed immediately via E-mail.  Payments that have already been made will be reimbursed.

  5. Goods are delivered via postal service.
    Clients purchasing tickets or Annual Ticket vouchers can choose between the following options

    1. Postal delivery (Annual Ticket vouchers only)
      Vouchers for Annual Ticket can be delivered via postal mailing considering postal delivery time and shipment rates according to the table of delivery costs.

    2. print@home (tickets and Annual Ticket vouchers)
      Tickets and Annual Ticket vouchers are sent as pdf via e-mail immediately after purchase. The delivery is free of charge. Please note that Annual Ticket vouchers have to be printed and submitted upon redemption.

    3. mobile tickets (tickets only)
      Mobile tickets are sent via e-mail immediately after purchase and are available as pdf file as well as downloadable on smartphones or tablets via link. The delivery is free of charge. To gain access, the barcode on the mobile device has to be shown at the admission control.

  6. With the exception of tickets specifically designated for events, admission tickets (single-entry tickets, combined tickets, Annual Tickets) are only valid for visits to the museum during regular opening hours. Special events are excluded unless otherwise stated.

  7. Postage and packing costs are calculated according to weight, volume and destination of the order (Table of delivery costs).

  8. The order is processed by us within 5 working days.  The delivery period in Europe is about 5 – 7 days according to the postal route; delivery overseas takes about 10 – 15 days.  Delays can occur in individual cases.


§ Possibilities and conditions of payment

  1. Payment is made by credit card (American Express, Mastercard / Eurocard, Visa; Diners), Paypal or by electronic transfer.

  2. The payment options offered in our Online Shop are handled safely and reliably by means of the certified and excellent Payment Service Provider (PSP) mPAY24 Ltd.  The company is specialised in online payments and operates a payment platform for E- and M-commerce.

  3. The mPay24 Ltd is obliged to undergo regular security audits in the context of certification according to the Payment Card Industry Data Security Standard (PCI DSS).  The PCI DSS comprises extensive regulations with regard to technical aspects (storing of payment data, structure of the system, software design) and company-internal procedures (right of access, policy on providing information).  As a provider of infrastructure the mPAY24 Ltd is subject to supervision of the payment system by the Austrian National Bank.

  4. mPAY24 was the first Payment Service Provided to be awarded the EURO-Label; already in 2002 it received the Internet Seal of the Austrian Trading Association and in 2005 received the E-Government quality seal of the Austrian Federal Chancellery.  Further information is available at www.mPAY24.com.


§ 7 Reservation of ownership

  1. Good(s) remain the property of the KHM until payment has been made in full.

§ 8 Warranty conditions and compensation

  1. The legal terms of warranty and guarantee are applicable.


§ 9 Right of withdrawal

  1. The client can withdraw from the contract without stating reasons within 14 days after receiving the ordered good(s) according to the conditions laid down in the Austrian Distance and Off-Premises Contracts Act (FAGG) unless one of the exceptions from the right of withdrawal according to § 18 FAGG is applicable.  In particular, there is no right of withdrawal when purchasing tickets in the online shop provided for a specific date or period of performance as well as in the case of audio and video recordings (e.g. CDs, DVDs, video cassettes) or software if these have already been unsealed by the client. When ordering digital content such as video on demand products, the right of withdrawal is excluded in accordance with § 18(1)(11) FAGG, if KHM begins delivery with the client’s consent before the withdrawal period expires.

  2. Instruction on the right of withdrawal

    You have the right to withdraw from this contract within 14 days without giving any reason.

    The withdrawal period will expire after 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the good or in the case of multiple goods of the last good.

    To exercise the right of withdrawal, you must inform us (KHM-Museumsverband, wissenschaftliche Anstalt öffentlichen Rechts, Burgring 5, 1010 Vienna, Austria, shop@khm.at) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. The refund form for tickets is available at www.khm.at/refund

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

    You shall send back the goods or hand them over to us (KHM-Museumsverband, Shop-Lager, Burgring 5, 1010 Vienna, Austria), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

    You will have to bear the direct cost of returning the goods.

    Notwithstanding your right to establish the nature, characteristics and functioning of the goods, the good(s) must be returned to the KHM in an unused and undamaged condition. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

  3. Model withdrawal form
    (Wenn Sie den Vertrag widerrufen wollen, können Sie dieses Formular ausfüllen und zurücksenden)

    To KHM-Museumsverband, wissenschaftliche Anstalt öffentlichen Rechts, Burgring 5, A-1010 Wien, info.shop@khm.at:

    I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)

    Ordered on (*)/received on (*),
    Name of consumer(s),
    Address of consumer(s),

    Signature of consumer(s) (only if this form is notified on paper),
    Date

    (*)  Delete as appropriate.


§ 10 Data protection

  1. Personal data will be processed exclusively in accordance with the provisions of the General Data Protection Regulation (EU GDPR) and the Data Protection Act (DSG).

  2. Customer data resulting from enquiries and orders will be used for the processing of the respective business case and will not be passed on to third parties.

  3. In addition, the KHM-Museumsverband refers customers separately to the declaration of consent for data processing for the purpose of sending electronic newsletters.

  4. Further information on data protection and data processing can be found at www.khm.at/datenschut


§ 11 Final provisions

  1. Austrian law is applicable.

  2. Vienna is the place of fulfilment.

  3. It is agreed that the place of jurisdiction is the objectively relevant court in Vienna.  If the client is a consumer in the sense of the Consumer Protection Law, then the court is objectively competent in the district where the client has his/her place of residence, the usual place of abode or place of employment.

  4. If necessary the KHM reserves the right to make adjustments and changes to the general business conditions.

Further information, questions or complaints

Concerning goods
KHM-Museumsverband, Department SALES-Shops
Burgring 5, 1010 Vienna, Austria
Tel. +43 1 525 24- 2600 (Monday to Friday)
shop@ >SPAM PROTECT - remove this text!< khm.at

 

 

Concerning tickets
KHM-Museumsverband, Abteilung Ticketing
Burgring 5, 1010 Vienna, Austria
Tel. +43 1 525 24- 2500 (Monday to Friday)
ticket@ >SPAM PROTECT - remove this text!< khm.at

 

 

General Terms and Conditions

for ordering image material in the online shop of the KHM-Museumsverband

§ 1 Information about the company

  1. KHM-Museumsverband
    Scientific Institution under Public Law
    Burgring 5, A-1010 Vienna, Austria
    VAT identification code: ATU 45940200
    Commercial register number: 182081t / Vienna Commercial Court

 

§ 2 Area of validity

  1. These general terms and conditions of the KHM-Museumsverband (in the following referred to as KHM) apply to the order of image material (reproductions and image rights) offered by the KHM in its Online Shop in the version valid at the time when the order is made.

  2. By making an order the client (in the following referred to as client or Contractual Partner) accepts the general terms and conditions.  Only these terms and conditions are valid.  Deviant conditions will not be recognised by the KHM unless the KHM has expressly accepted the deviation in writing.

  3. If separate conditions of these general terms and conditions contradict compulsory legal regulations completely or partially, the remaining terms of these general terms and conditions nevertheless retain their validity.

 

§ 3 Language of the contract

  1. The language of the contract is English.

 

§ 4 Contractual relationship

  1. All offers in the Online Shop of the KHM are invitations to the client to request an offer.  By making an order in the Online Shop the client submits a binding offer to conclude a reproduction and image rights contract with the KHM. The client receives an order confirmation with the business conditions via e-mail. This order confirmation does not mean acceptance of the offer by the client but is intended merely to inform him or her that the order has been received by the KHM.

  2. The reproduction and image rights contract with the KHM comes into being when the ordered image material made available to the client via a download link.

 

§ 5 Image material

  1. Image material (hereinafter referred to as “image material” or “image”) includes all images or recordings offered to the Contractual Partner in any form whatsoever, whether digital or analogue. The image material is protected by copyright.

  2. If the Contractual Partner produces the images or recordings themselves on the basis of a recording authorisation from KHM, they shall grant KHM an unlimited and exclusive right to use the work in accordance with S. 24(1)(2) UrhG (Austrian Copyright Law) at the time of recording, subject to an individual agreement to the contrary, and at the same time assign all rights to the recording to which they are entitled in accordance with S. 73 et seqq. UrhG to KHM, without the need for a further declaration. Any subsequent use of the photographs produced by the Contractual Partner may only take place in accordance with the provisions set out in these terms and conditions for the use of photographic material within the scope of the authorisation for use granted by KHM.

 

§ 6 Authorisation of use

  1. Use means any and all full or partial utilisation of the image material that goes beyond mere viewing as part of an offer from KHM. This includes in particular any duplication, for example by printing, reproduction, projection, copying or storage, the alteration of the same by distortion, mirroring, discolouration, labelling, etc., regardless of the technical means, as well as the use of an image as a template for drawings, caricatures and imitation photos. It also includes the use for layout and Contractual Partner presentations, as well as the use of image details, even if these become part of a new image work by means of montages, photo composing, electronic image carriers or similar techniques, as well as any other type of distribution and publication, as well as all new technically and economically independent types of use that are not yet known at the time the contract is concluded.

  2. Any and all use of image material from KHM may only be made on the basis of express written authorisation for use. The Contractual Partner does not acquire any rights of use simply on the grounds of being sent image material for viewing or selection. In order to determine the scope of the authorisation of use, the Contractual Partner undertakes to provide precise and binding details of the planned use prior to production. The use of images or recordings without prior authorisation for use and any deviation from the stated purpose of use - even if only through minor changes such as distortion, mirroring, discolouration, labelling - or the authorisation for use based thereon without the prior written consent of KHM shall trigger the legal consequences (remuneration and liability) specified in S. 5 and 6 of these Terms and Conditions in addition to the legal consequences of the UrhG. If the contractually agreed licence to use the work includes editing, the use of the edited image material also requires a licence for use.

  3. The Contractual Partner shall not acquire any ownership rights, copyrights or rights of use to the image material by being granted authorisations for use. Unless otherwise agreed in writing, the authorisation of use is subject to a fee, is non-exclusive and is valid for a single use within one year of the conclusion of the contract for the purpose specified by the Contractual Partner. Any and all further or additional use must be agreed upon separately with KHM. If authorisation of use is granted but not used within one year, the authorisation expires. The production of duplicates or the passing on of the image material or copies thereof is expressly prohibited. The image material must be protected against unauthorised access by third parties. The Contractual Partner shall ensure the comprehensive deletion of the image material and any copies after expiry of the authorisation of use. This also applies if image material has been passed on to third parties.

  4. Rights of use shall be transferred at most to the extent to which KHM is entitled. Rights and ancillary rights of third parties are not transferred. Any authorisation to use such rights must be obtained separately from the Contractual Partner. In particular, this means that when using image material on which objects or signs protected by special law (e.g. under copyright, trademark or design law) are depicted, the Contractual Partner himself must reach an agreement with the authorised party. Whether and to what extent authorisations are required in such cases must be assessed by the Contractual Partner.

  5. The Contractual Partner is obliged to observe the journalistic principles of the Austrian Press Council and to refrain from any tendentious or derogatory use and also to observe all other legal restrictions associated with the use of the image material (such as copyright, media and competition law).

  6. For each use, the image must be labelled with the copyright notice “KHM-Museumsverband” in such a way that there is no doubt as to the attribution of this copyright notice to the respective image. In connection with film recordings or the use of image material of KHM in films, the Contractual Partner shall ensure that the rights notice is placed in a suitable position, at the latest in the credits, and that it can be properly attributed.

  7. The Contractual Partner undertakes to send a specimen copy free of charge to KHM (KHM-Museumsverband, Sales Bildrechte & Reproduktionen, Burgring 5, 1010 Vienna, Austria) as proof that the images or image material have been used in accordance with the agreement. If the use is only online/digital, the Contractual Partner shall send digital proof of the agreed use in a form that enables the proof to be saved or downloaded.

 

§ 7 Delivery, notice of defects

  1. The image material is transmitted digitally by KHM, whereby the corresponding delivery note can also be sent separately from the consignment by e-mail. The Contractual Partner shall be obliged to inspect and give notice of defects with regard to the image material supplied in accordance with S. 377 et seq. UGB (Austrian Commercial Code), insofar as this constitutes a commercial transaction for both parties. All defects - in particular deviations from the order as well as qualitative defects in the image material and the correctness of the image description - must be reported by the Contractual Partner immediately, and in any case within 24 hours of receipt by telephone or e-mail to: info.repro@khm.at and within 2 days in writing. If the Contractual Partner fails to do so, any and all liability is excluded. Otherwise the delivery shall be deemed to have been duly executed and approved.

§ 8 Remuneration

  1. Every use of image material is subject to payment. The amount of the fee depends on the scope and type of use and is agreed before the start of use. In the absence of an agreement, the fee shall be calculated according to KHM’s standard rates.

  2. If the purpose of use has not yet been determined at the time the image material is handed over or recorded, the Contractual Partner shall inform the customer of this as soon as possible. If this is not done within 4 weeks of the image material being sent to the Contractual Partner, KHM shall be entitled to charge the maximum rate according to KHM’s standard rates.

  3. Payment is due without discount within 14 days of the invoice date. In the event of late payment, the statutory default interest shall apply. The Contractual Partner also undertakes to pay the costs for extra-judicial debt collection in accordance with the Austrian Law on Lawyers’ Fees (Rechtsanwaltstarifgesetz).

  4. The granting of the authorisation of use is subject to the condition precedent of payment of the fee. Therefore, in the event of default on payment, the authorisation of use shall be deemed not to have been granted. This shall not effect a reduction in the remuneration KHM is entitled to.

  5. If the intended utilisation does not take place, any fee already paid shall not be refunded.

 

§ 9 Liability

  1. KHM shall only be liable to the Contractual Partner in the event of wilful or grossly negligent damage to the Contractual Partner. In the event of technical quality defects notified in good time, KHM shall - subject to availability - supply defect-free image material in place of the defective image material. Further to this, no liability shall be accepted for quality defects, for lack of availability, for the timeliness of transmission, for the usability of the image material for the purposes of the Contractual Partner or for incorrect image descriptions or other texts supplied. Liability for indirect and consequential damages, in particular for loss of profit and for third-party claims, is excluded. Should the Contractual Partner be fulfilling third-party claims, any recourse claims of the Contractual Partner against KHM arising therefrom shall be excluded. Any claims for damages are limited to the amount of the agreed simple or reasonable usage fee.

  2. In the following cases, the Contractual Partner undertakes to make the following no-fault penalty payments, which are independent of the occurrence of damage:

    1. at least EUR 10,000.00 for each use without a usage authorisation or if a usage authorisation is exceeded;

    2. at least EUR 1,000.00 in case of omitted or insufficient legal notice.
      The burden of proof for compliance with the authorisation of use lies with the Contractual Partner. The assertion of any further damages is unaffected.

  3. The Contractual Partner shall be liable for all damages arising from the unlawful use of KHM image material. Claims by third parties shall be borne by the Contractual Partner and KHM shall be indemnified and held harmless in this respect.
    The Contractual Party himself shall be liable for the fulfilment of all obligations arising from these Terms of Use, even if image material has been passed on to third parties, if, for reasons of administrative simplification, the invoice is issued directly to a third party or transferred to a third party at the request of the Contractual Party, or if the Contractual Party has enabled or failed to prevent a third party from accessing the image material in breach of his obligations under these Terms of Use. This liability includes in particular any and all claims on the grounds of unauthorised use, disclosure and reproduction, on the grounds of damage, non-deletion of the image material after the end of the usage authorisation or other loss of image material by the Contractual Partner himself or by third parties.
    Furthermore, the Contractual Partner shall be liable for all damages arising from the breach of the obligations under S. 6 lit. 4. and 5.
    Any breach of contract also authorises KHM to prohibit further use of the image material.
  4. In the event of a breach of contract, the Contractual Partner undertakes, at the request of KHM, to provide an account of the utilisation made by the former, to provide information and to allow inspection of his business records, and to allow entry to his business or private premises for this purpose. Furthermore, the Contractual Partner undertakes to provide information about the origin of any image material used by him if he disputes that such originates from KHM.

 

§ 10 Right of Withdrawal

  1. If the Contractual Partner is a consumer within the meaning of S. 1(1)(2) KSchG (Austrian Consumer Protection Law) and the contract is concluded outside business premises in accordance with S. 3 no. 1 FAGG (Austrian Law on Distance and Overseas Contracts) or as a distance contract in accordance with S. 3 no. 2 FAGG, the Contractual Partner has a right of withdrawal. The corresponding withdrawal policy and the withdrawal form in accordance with FAGG can be found in Annex 1. If the image material is only delivered in digital form and KHM begins delivery with the consent of the Contractual Partner before the withdrawal period expires, the right of withdrawal is excluded in accordance with S. 18(1)(11) FAGG.

  2. Withdrawal policy
    As a consumer, you have the right to withdraw from this contract within fourteen days without giving reasons.
    The withdrawal period is fourteen days from the day the contract is concluded.
    To exercise your right of withdrawal, you must inform us (KHM-Museumsverband, wissenschaftliche Anstalt öffentlichen Rechts, Burgring 5, A-1010 Vienna, info.repro@khm.at) of your decision to withdraw from this contract by making a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached template withdrawal form, but this is not required.
    In order to satisfy the deadline for withdrawal, it is sufficient for you to send notification regarding the exercising of your right of withdrawal before the withdrawal period expires.

  3. Template withdrawal form
    (If you wish to withdraw from the contract, you can complete and return this form)

    To KHM-Museumsverband, wissenschaftliche Anstalt öffentlichen Rechts, Burgring 5, A-1010 Vienna, info.repro@khm.at:

    I/we (*) hereby withdraw from the contract which I/we (*) concluded for the supply/use of image material

    Ordered on (*)/received on (*)

    Name of the consumer(s)

    Address of the consumer(s)

    Signature of the consumer(s) (for paper notification only)

    Date
    (*)Delete as appropriate

 

§ 11 Data protection

  1. Personal data will be processed exclusively in accordance with the provisions of the General Data Protection Regulation (EU GDPR) and the Data Protection Act (DSG).

  2. Customer data resulting from enquiries and orders will be used for the processing of the respective business case and will not be passed on to third parties.

  3. In addition, the KHM-Museumsverband refers customers separately to the declaration of consent for data processing for the purpose of sending electronic newsletters.

  4. Further information on data protection and data processing can be found at www.khm.at/datenschutz

 

§ 12 Miscellaneous

  1. The place of performance and jurisdiction is Vienna. Austrian law shall apply with the exception of its rules on conflict of law. The UN CISG does not apply.

  2. There are no oral ancillary agreements to this contract. Amendments or addenda to this contract must be made in writing. This also applies to any waiver of this requirement for the written form.

  3. Should individual provisions of this contract be or become invalid, they shall be reinterpreted or supplemented in such a way that the economic purpose associated with the provision in question is retained. This shall not affect the validity of the remaining provisions.

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