General Terms and Conditions MuseumShop
I. Scope of application:
All our offers, sales, deliveries and services shall be effected exclusively on the basis of our General Terms and Conditions, even if reference is not explicitly made thereto. Agreements diverging from these General Terms and Conditions shall only be binding for us if they have been made in writing. Divergent general terms and conditions of contractual partners shall not be binding for us, even if the contractual partner makes a reference thereto which we do not explicitly contradict.
II. Offers, Acceptance of orders:
Any and all orders, offers, contracts, contract modifications, cancellations and other agreements must be confirmed by us in writing in order to take effect. A lack of response on our part shall not be deemed to imply consent. A contract shall be deemed concluded when we have dispatched a written confirmation of our receipt of the order or when we have dispatched a delivery.
Promised periods of delivery shall be complied with whenever possible; however, such periods of delivery shall be non-binding and shall be contingent on the order’s having being made in due form as well as on the clarification of all technical and commercial issues. Our contractual partners shall not be entitled to assert claims for damages arising from any non-compliance with periods of delivery, irrespective of whether we are responsible for said non-compliance or not. We shall be entitled to make partial and advance deliveries. In cases of force majeure or other circumstances beyond our control or that of our suppliers, including, without limitation, traffic disruptions, interruptions of operations, transport and customs delays, transport damage, lack of materials, unavailability of workers, fire damage, shortage of labour or raw materials, strikes or lockouts, dispositions by higher authorities and all circumstances which prevent or limit production or dispatchment, as well as other similar circumstances, we shall be entitled to postpone delivery for the duration of the impediment or to withdraw from the contract with respect to the part of the contract not yet performed. A rescission of the contract by the buyer for the aforesaid reasons shall be excluded.
IV. Performance and passage of risk:
The place of performance shall be the registered office of our company in Vienna. If a pickup by the buyer is agreed upon, our delivery commitment shall be deemed fulfilled when we have notified the buyer that the order is ready for dispatch. Utilisation risk and price risk shall pass to the buyer when we have given notification of readiness for dispatch, but at the latest when the delivery leaves our warehouse or, in the event of direct shipping, when it leaves the warehouse of our supplier, irrespective of the price conditions agreed upon.
The modalities for making advance payments are specified under Item 2 of the Terms and Conditions of Delivery and Payment. Any and all bank fees and other charges shall be borne by the contractual partner. Our contractual partner shall be prohibited from setting off any claim to which said contractual partner may be entitled against our claim, as well as from assigning any claims due to us to third parties, whether these be natural persons or legal entities, irrespective of whether such claims are claims under public law or under private law (contractual exclusion of set-off and assignment).
The buyer shall be obligated to inspect the goods for identifiable defects immediately upon delivery and to notify us of any existing defects in writing without delay but at the latest within seven days of delivery or, in the case of hidden defects, within seven days of discovery of the defect, or otherwise forfeit all warranty rights. In the case of a complaint, however, the buyer shall be obligated, for the time being, to accept the delivery and ensure that the goods are properly unloaded and stored.
Both in the case of generic obligations and in the case of specific obligations, it shall be left to our discretion as to whether we satisfy any claims to cancellation of the contract, price reduction or rectification of the defect by replacing the defective product with a product free of defects within a reasonable period of time. A liability on our part for consequential damage arising from defects covered under our warranty shall be excluded. Products which we, on our part, have obtained from suppliers shall be warranted by us only to the extent to which the respective product is covered by our own warranty claims against the supplier.
With respect to products supplied by us, we warranty only that they feature the characteristics that are customary for said products in the market. Additional, special characteristics of our products are only warranted by us if we have given such a warranty in writing in the course of the placing of the order. Irrespective of the deadlines specified above, any and all warranty claims shall expire six months after delivery of the respective product. The warranty shall expire with immediate effect if the buyer or a person authorised by the buyer makes any modifications, improvements or repairs to the delivered product without our written consent. The buyer shall not be entitled to withhold payments due to us on grounds of warranty claims.
VII. Damages, Product Liability:
a) We shall only be liable for damage incurred by our contractual partners in the course of the processing of orders in the case of gross negligence on our part.
b) Insofar as our buyer is a commercial consumer, liability for damages, also for damage to property under the Austrian Product Liability Act (Produkthaftungsgesetz), as well as for product liability claims that may be derived from other legal provisions, shall be excluded.
c) If our buyer (re-)sells (within the meaning of § 6 of the Austrian Product Liability Act) goods that were supplied by us, said buyer shall be obligated, aa) within the scope of the legal transaction or when transferring the goods, to exclude liability for damage to property pursuant to letter b);
bb) to transfer to the next buyer, or other contractual partner, or party to which the goods are transferred, the obligation to transfer to any subsequent holders of the power of disposal all relevant contractual provisions to our benefit, so that as a result of such transfer we shall be directly entitled to the rights pursuant to lit. b).
d) In the event that our buyer contravenes the provisions of letter c) and for this reason a claim is asserted against us for damages for which a liability of our buyer pursuant to letter b) is excluded, our buyer shall be obligated to indemnify us and hold us harmless from any and all damages and disadvantages.
e) In the event that our buyer is made liable under the Product Liability Act, said buyer shall expressly waive all recourse against us.
f) If, due to a defect in a product supplied by us, a foreign buyer is made liable as the importer, Austrian law shall also be applied in the case of any recourse claim. Should it arise, in such a case, that the scope of our liability is smaller under the foreign legal system in question than under the provisions of Austrian law, the amount of the recourse claim shall be assessed under the provisions of said foreign legal system which is more favourable to us in this respect.
VIII. Choice of law:
Within the scope of our contractual relations, their execution, their termination or disputes arising therefrom, the exclusive application of Austrian law shall be deemed agreed upon between us and our contractual partners. The place of jurisdiction shall be Vienna / Austria.
IX. Copyright and right of use:
Any and all commercial use of cards and other graphical material other than for the original purpose, including, without limitation, the framing of art postcards and calendar pages, shall be expressly prohibited for copyright reasons. Buyers who transfer such material to commercial companies shall be obligated to inform said commercial companies of this condition and to have them confirm in writing that they have been so informed. Within the meaning of copyright law, the reproduction, copying and imitation of such material, in whole or in part, shall be prohibited.