Terms and Conditions of the MuseumsQuartier Errichtungs- und BetriebsgesmbH online shop
Version of April 2021
The present Terms and Conditions (Allgemeine Geschäftsbedingungen, hereinafter also referred to as “AGB”) of the MuseumsQuartier Errichtungs- und BetriebsgesmbH (hereinafter also referred to as “MQ E+B GesmbH” or “MQ”) are valid for an indefinite duration. They are the basis for all contracts, agreements and other legal declarations between MQ E+B GesmbH and the respective buyer in the online shop. MQ E+B concludes aforementioned sales contracts in the web shop only on the basis of the present Terms and Conditions and informs all buyers of the validity of these Terms and Conditions before and when the contract is concluded.
The buyer confirms through ordering or purchasing that he has read, understood and accepted these terms and conditions. With his order or his purchase, the buyer recognizes these terms and conditions as part of the contract and thus these terms and conditions become legally binding for both contracting parties. These terms and conditions thus form an integral part of every single contractual relationship entered into between MQ E+B GesmbH and the buyer in this context. In addition, these terms and conditions also apply to all additional agreements, supplements, additions or changes made after the conclusion of the contract.
The MQ reserves the right to change these terms and conditions in the future. The changed terms and conditions apply from the first order or from the first purchase on the part of the buyer with the consent of the updated terms and conditions of MQ E+B GmbH.
Any terms and conditions submitted by the respective buyers of MQ E+B GmbH will not be accepted, will be expressly rejected, have no validity, will in any case be displaced in the event of deviations from these terms and conditions and are ineffective due to lack of acceptance by MQ E+B GesmbH. MQ E+B GesmbH dissents to any such terms and conditions, even if this is not explicitly stated in individual cases. This also applies if there are any contrary provisions in any terms and conditions of the buyer.
All offers in the online shop are subject to change and are to be understood as an invitation to the buyer to submit an offer himself. The contract is concluded when the order is accepted by MQ E+B GmbH, either by sending an order confirmation electronically or by post or directly by sending or transmitting the goods ordered by the buyer.
- PRICES / DELIVERY COSTS
Prices of the MQ are applied in accordance with the current price lists or the price descriptions in the online shop on the MQ homepage. The respective VAT is included in the prices. The MQ reserves the right to set prices that differ from the price lists in individual cases. The buyer will be informed of any price changes in the course of the purchase or during the ordering process. Any customs duties, any shipping costs or additional packaging material requested by the buyer are not included in the purchase price.
Pricing and printing errors are reserved. If the correct price is higher, the buyer will be contacted; In this case, a contract is only concluded if the buyer wants to buy at the actual price. If the correct price is lower, the lower price will be charged.
If MQ E+B GesmbH cannot accept an order or cannot execute it because the goods are not available, the buyer will be informed immediately. Payments already made will be refunded.
VAT-free orders cannot be placed in the online shop. Companies with a valid VAT number can for this purpose contact the shop via e-mail to email@example.com.
Offsetting the purchase price or delivery costs by the buyer with claims against MQ E+B GesmbH is expressly excluded without the express written consent of MQ E+B GesmbH. This does not apply to offsetting by the buyer with counterclaims that are legally related to the buyer’s liability from the present sales contract and that have already been determined by a court or expressly recognized by MQ E+B GesmbH.
- DELIVERY CONDITIONS & SHIPPING
The delivery of the ordered goods is made by postal service to the delivery address given by the buyer in the order processing. MQ E+B GesmbH reserves the right to make partial deliveries. In the event of unavailability or only partial availability of the goods, the buyer will be informed immediately and corresponding payments will be reimbursed. The delivery time is 5-10 workdays depending on the destination.
Shipping cost is specified by MQ E+B GesmbH in the course of the ordering process, in the price information in the shopping cart and confirmed by the buyer during the ordering process. The respective VAT is included in the delivery costs.
If the dispatched goods are returned to the MQ by the transport company because the goods could not be delivered to the buyer, the buyer bears the costs of the unsuccessful delivery attempt. This does not apply if the buyer effectively exercises his right of withdrawal or if he is not responsible for the circumstance that led to the impossibility of delivery.
In the case of customer pickup, MQ E+B GesmbH will inform the buyer by email as soon as the ordered goods are ready for collection. The buyer can then pick up the goods at the MQ Point after consultation with MQ staff.
- TERMS OF PAYMENT
Unless otherwise stated in the description of the goods, the prices given are total prices that include statutory sales tax. Additional delivery and shipping costs are specified separately in the respective product description.
For the payment process in the online shop, buyers can use the payment options “credit card”, “PayPal” and “instant transfer”.
If the buyer is an entrepreneur, the risk, in particular any risk of damage or loss as well as risks of chance, destruction or other changes to the goods is transferred to the buyer as soon as the MQ dispatches the goods or other items to the representatives of the delivery service, carrier or the transport company.
If the buyer is a consumer, the risk of damage or loss as well as the risk of chance, destruction or other changes to the goods are transferred to the buyer as soon as the goods are delivered over to the buyer or to a third person, who is not a representative of the delivery service, carrier or the transport company, specified by the buyer.
Shipping is carried out by an independent shipping company / postal service. MQ E+B GesmbH does not carry out the transport and therefore does not take out any separate transport insurance.
- LIABILITY / GUARANTEE
Goods and items sold by MQ E+B GesmbH are mostly works of art that are acquired based on their design and generally have no particular usability. Liability and / or guarantee for a certain property, usability or suitability of the goods and / or other articles is expressly excluded.
The warranty period is 6 months from the delivery of the goods or other items to the address given by the buyer.
In the case of the sale of new goods, the statutory warranty period applies to consumers. In the case of the sale of used goods, a shortened warranty period of one year applies.
The liability of MQ E+B GesmbH for any damage in connection with the sale of goods and/or other articles is excluded. This does not include liability for bodily injury, liability for damages that MQ E+B GesmbH is responsible for intentionally or through gross negligence, and liability for damage within the scope of the Product Liability Act (Produkthaftungsgesetz).
- CHECKING THE GOODS / NOTIFICATION OF DEFECTS
The buyer is obliged to check the completeness and intactness of the goods or other items immediately after their delivery or receipt and to report any defects to MQ E+B GesmbH within a reasonable period of time, at a maximum of two weeks (Mängelrügepflicht).
Defects that could only be discovered at a later point in time (hidden defects – versteckte Mängel) must be reported to MQ E+B GesmbH immediately upon discovery.
If the buyer is an entrepreneur, he forfeits possible claims for warranty and damages against MQ E+B GesmbH (§ 377 Abs. 2 UGB) if the inspection is not carried out and defects are not reported.
- RIGHT OF WITHDRAWAL
Buyers who are consumers within the scope of the Consumer Protection Act (Konsumentenschutzgesetzt, KSchG) can give a clear declaration within a period of 14 days from receipt of the delivery without giving reasons (via email to firstname.lastname@example.org, whereby the model withdrawal form can be used ) to MQ B + E GesmbH to withdraw from the contract. It is sufficient if the declaration of withdrawal is sent within the deadline.
In the event of withdrawal, the purchase price including the shipping costs will be fully reimbursed after the return of the goods received by the buyer or the submission of proof of the return of the goods. The return shipping costs are borne by the buyer.
In the case of articles that are compromised or damaged by signs of use, MQ E+B GesmbH will charge an appropriate fee for the reduction in value.
There is no right of withdrawal
- when purchasing tickets,
- when purchasing goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene, when the seal has been removed after delivery and
- when purchasing food and other goods that can spoil quickly or whose use-by period would quickly be exceeded.
- DATA PROTECTION
Data protection and privacy have absolute priority for the MQ. All information you provide will be treated confidentially. The MQ online shop fully complies with data protection regulations. The sole purpose of using the data is to make your purchase in the MQ online shop safe, easy and convenient. The buyer acknowledges and gives his express consent that the use of personal data given in the ordering process will be stored and processed for accounting purposes and customer records. The data is used to meet legal requirements, for processing payment transactions and dispatching of goods. Customer data will not be passed on to third parties, unless this is absolutely necessary for the execution of the contract.
E-mail address: the MQ online shop only uses your e-mail address to confirm your orders or to inform you of the current order and delivery status. The MQ online shop never sends unsolicited advertising emails.
Competitions / special campaigns / sweepstakes: If you should take part in a competition, special campaign or sweepstakes, we ask you to give us your name, address and e-mail address so that we can notify you if necessary.
Should our guidelines regarding data protection and privacy change, we will publish them on this page immediately.
- FINAL PROVISIONS / JURISDICTION
There are no verbal side agreements to these terms and conditions. Changes and additions must be in writing. This also applies to any deviations from the requirement of writing.
Invalidity or ineffectiveness of a certain contractual provision does not affect the validity of the remaining provisions. Invalid or ineffective contractual provisions are to be replaced by permissible and effective contractual provisions that come closest to the purpose and economic content of the ineffective contractual provisions. The same applies to the supplementary interpretation of the contract due to any unintended gaps in the contract between MQ E+B GesmbH and the buyer, including these terms and conditions.
If the buyer is an entrepreneur, exclusive jurisdiction of the courts for 1070 Vienna (ratione loci and ratione materiae) is agreed for all disputes arising from and in connection with these terms and conditions and those concluded on the basis of them. For consumers, the place of jurisdiction is their EU home, the place of fulfilment is 1070 Vienna.
These terms and conditions are subject to Austrian law, excluding provisions that refer to foreign law and UN sales law. For consumers, this choice of law only applies insofar as no protections granted by mandatory provisions of the law of the home country of the consumer are reduced.
These terms and conditions are originally written in German, with buyers receiving an English translation as a courtesy. In the event of differences of interpretation and/or disputes, the German version of these terms and conditions takes precedence over the English version.
The above terms and conditions only apply to consumer transactions within the scope of the Consumer Protection Act (KSchG) insofar as they do not contradict mandatory provisions of the KSchG.