1. AREA OF APPLICATION
1.1 The following general terms and conditions, in the version valid at the time of placing the order, apply exclusively to the business relationship between the E-Shop of the Architekturzentrum Wien and the person placing the order (below also referred to as “the customer”). The sale takes place through the museum shop.
1.2. Different terms that may be required by the person placing the order are valid only with the written and correctly signed agreement of the Architekturzentrum Wien.
1.3. By placing an order the customer declares that he/she accepts and is bound by the general terms and conditions.
2. PERSON OF THE SALES/CONTRACT PARTNER
Association “Architekturzentrum Wien”,
complete address, to which any complaints that may arise should be sent:
Museumsplatz 1, 1070 Vienna
Telephone +43/1/522 31 15 22
Telefax +43/1/522 31 17
VAT: VAT number: ATU 393 46 301
3. COMPLETION OF CONTRACT
The sales contract is completed by the customer properly filling out the order form in the webshop, sending it to us by internet and receiving confirmation of the order from us. Informing the customer by email is regarded as confirmation.
4. RANGE OF SERVICES
We may alter or modify our range of services at any time. Offers apply only as long as stocks last.
5. CUSTOMER’S RIGHT OF WITHDRAWAL
5.1. Those who place orders, who are consumers in the sense intended by the consumer legislation, can withdraw from a remote contract (or a remote contractual declaration) within a period of seven working days from receipt of the delivered goods or, in the case of services to be provided, from the day of completing the contractual declaration. Saturday is not regarded as a working day. It suffices if the declaration of withdrawal is sent within the time limit prescribed. The returned goods must be unused, in perfect condition and in their original packaging. All costs and risks incurred and involved in the return of such goods must be covered by the customer.
5.2. This right of withdrawal does not exist with regard to contracts that affect goods and services in accordance with § 5fKschG; these include contracts for services the provision of which to the consumer is, according to the agreement, started within seven days of completing the contract;
- audio or visual recordings or software where the seal to the delivered goods has been removed
- newspapers, journals and magazines, with the exception of contracts for periodicals.
5.3. In the case of withdrawal, a full or partial refund of the purchase price can only be made concurrently with the return, in perfect condition, of the goods ordered by the customer.
6.1. All prices listed include VAT and are “ex works”. Additional charges are made to cover dispatch costs and any relevant export or import duties.
6.2. For sales to customers outside the EU VAT is not charged. The customers must themselves pay any national import charges that may apply. For sales to customers within the EU no Austrian VAT accrues where a VAT number is provided; the VAT must be paid in the respective home country.
6.3. The agreed sales price for the goods ordered is the price as given on our website at the time of placing the order. In the case of printing or calculation errors we are entitled to withdraw from the contract.
6.4. The fixed charges made for dispatch and packaging (without duties or other charges) are currently as listed below (rates in EUR):
up to 2 kg normal (ca. 14 working days) 7.80
up to kg normal (ca. 14 working days) 10.00
up to 10 kg normal (ca. 14 working days e) 15.00
up to 20 kg normal (ca. 14 working days) 18.00
up to 30 kg normal (ca. 14 working days) 21.00
up to 1 kg normal (ca. 21 working days) 17.00
up to 2 kg normal (ca. 21 working days) 18.00
up to 5 kg normal (ca. 21 working days) 21.00
up to s 10 kg normal (ca. 21 working days) 26.00
up to 20 kg normal (ca. 21 working days) 42.50
up to 30 kg normal (ca. 21 working days) 54.50
REST OF THE WORLD (AMERICA, JAPAN, AUSTRALIA)
up to 1 kg normal (ca. 21 working days) 20.50
up to 2 kg normal (ca. 21 working days) 25.00
up to 5 kg normal (ca. 21 working days) 38.50
up to 10 kg normal (ca. 21 working days) 61.00
up to 20 kg normal (ca. 21 working days) 106.00
up to 30 kg normal (ca. 21 working days) 151.50
Goods will be sent by express postage only where this is expressly requested by the customer and will be done at his/her expense.
7.1. All deliveries are made ex works (1070 Vienna, Museumsplatz 1).
7.2. The goods are sent to the delivery address given by the person placing the order.
7.3. We are entitled to make part deliveries within reasonable limits.
7.4. Where possible we make every effort to meet deadlines for deliveries given to us. Furthermore our delivery times, even where confirmed by us, are without guarantee.
7.5. In the case of failure to take delivery of goods ordered we are entitled to request reimbursement of any ensuing additional costs e.g. transport costs for unsuccessful delivery etc.
7.6. If a product cannot be supplied, in particular because the suppliers, despite their contractual obligations, cannot supply us with the goods ordered, we are entitled to withdraw from the contract. In such a case the person who placed the order will be informed that the product ordered is not available. The purchase price already paid will be refunded immediately.
8. TRANSFER OF RISK
In the case of delivery of the goods all dangers and risks are transferred to the customers at the time the object purchased is handed over to the third party entrusted with the delivery.
9. DUE DATE, PAYMENT, DELAY
9.1. The purchase price along with all incurred costs and duties is due immediately and can be paid by means of credit card or an “immediate transfer”. We accept Euro Card/Master Card und Visa.
9.2. In the case of delay in payment we are entitled to charge default interest to the amount of 12 % p.a. Any expenses for reminders, such as costs incurred through the involvement of lawyers, must be borne by the customer.
10. RETENTION OF TITLE
All goods delivered remain in our ownership until complete payment of all monies owed by the customer resulting from the purchase contract.
11. WARRANTY AND LIABILTY
11.1. Liability for any possible defects in the item purchased is ascertained according to the statutory warranty regulations. The person who placed the order should return the defective item to us, along with the invoice, as soon as possible.
11.2. With regard to claims for compensation of any kind we accept liability only in cases of intent or gross negligence. In particular we exclude compensation for consequential loss, other indirect loss or loss of earnings/profit due to incomplete or delayed delivery or delivery not made.
11.3. Nor do we accept liability for the contents of the item purchased, in particular the formal correctness and legality of any statements, texts, images, sound media, instructions etc. it may contain.
11.4. We accept no liability for technical interruptions to the operation of the webshop. We also reserve the right to suspend the operation at any time; this however does not affect the correct handling of contracts already completed.
12. DATA PROTECTION
12.1. The customer agrees that we may identify, store, process and otherwise make use of his/her personal data such as name, surname, firm, postal code, address, telephone number, fax number, email address, bank account number with the help of an automated system for the purpose of concluding and completing the contractual relationship and for our own advertising purposes and that we may send him/her electronic post for advertising purposes; the customer can revoke this agreement at any time.
12.2. The transfer of data is encrypted. The data transfer of the order and payment is by means of an SSL-transfer (Secure Socket Layer). This protocol encrypts the data during the transfer between the customer and the server so that they cannot be read by third persons. We accept no liability for errors in the transfer of data.
12.3. The data are handled in accordance with the currently valid data protection laws and are not transmitted to third parties. For further data protection information or for information about stored data please contact email@example.com.
13. RIGHTS OF THIRD PARTIES (COPYRIGHT LAW)
13.1. The customer should note that there are third party rights with regard to copyright and other intellectual property rights. He/she agrees to use the object purchased only as allowed by the contract or by law and to strictly observe all license terms. This applies particularly to visual and language works and image or sound media. The person who places the order is expressly forbidden to engage in any form of copying, dissemination or other use of the goods that goes beyond the requirements for his/her own private use.
13.2. The above point applies also to rights to our website and its contents such as texts, graphics, logos, brands, titles, programmes, price compilations, databases and other services.
14. PLACE OF JURISDICTION, APPLICABLE LAW, OTHER ITEMS
14.1. The place of jurisdiction for all disputes arising out of or in connection with the business relationship is exclusively – in as far as this does not contravene Austrian consumer protection law – the responsible court in Vienna 1.
14.2. Austrian law applies exclusively. The application of UN sales law or of the provisions regarding conflict of laws is excluded.
14.3. Place of performance for both parties is Vienna.
14.4. The invalidity of individual provisions in these general terms of business does not result in their complete invalidity. The remainder of the contract completed remains valid.
An invalid clause will be replaced by a valid one that most closely represents the regulation intended.
Last updated on 08.07.2014
© 2014 Architekturzentrum Wien
© Pez Hejduk