General Terms and Conditions
Effective from May 2017
§ 1 Information about the company
Academic 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
- 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.
- 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.
- 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
- The language of the contract is English.
§ 4 Contractual relationship
- 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.
- 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
- 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@ (not via Online Shop). khm.at
- Customs duties or postage and packing are not included in the price.
- 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.
- 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.
- Goods are delivered via postal service.
Clients purchasing tickets or Annual Ticket vouchers can choose between the following options
- 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.
- 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.
- 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. Tickets can be retransmitted to friends using a Keyper Account.
- Postal delivery (Annual Ticket vouchers only)
- Postage and packing costs are calculated according to weight, volume and destination of the order (Table of delivery costs).
- 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.
§ 6 Possibilities and conditions of payment
- Payment is made by credit card (American Express, Mastercard / Eurocard, Visa) or by electronic transfer.
- 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.
- 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.
- 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
- Good(s) remain the property of the KHM until payment has been made in full.
§ 8 Warranty conditions and compensation
- The legal terms of warranty and guarantee are applicable.
§ 9 Right of withdrawal
- 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 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.
- 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, Fax +43 1 525 24- 3399, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
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.
- 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, Fax +43 1 525 24- 3399, 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),
(*) Delete as appropriate.
§ 10 Data protection
- All client-relevant data resulting from enquiries and orders will be used only for dealing with the relevant business transaction and will on no account be passed on to third parties.
§ 11 Final provisions
- Austrian law is applicable.
- Vienna is the place of fulfilment.
- 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.
- If necessary the KHM reserves the right to make adjustments and changes to the general business conditions.