Terms & Conditions - Museum der verlorenen Generation

General Terms and Conditions Online Shop

(Last updated 16.12.2020)

Prof. Dr. Heinz R. Böhme Foundation
Museum Art of the Lost Generation
Sigmund-Haffner-Gasse 12/1st Floor
5020 Salzburg, Austria

UID Nr.: ATU75542469
ERsB Nr.: 9110028689475

Scope

These general terms and conditions apply to all business relationships between the client or customer and the contractor, the Prof. Dr. Heinz R. Böhme Foundation , hereinafter referred to as Museum Kunst der Verlorenen Generation, located at Sigmund-Haffner-Gasse 12 in 5020 Salzburg, Austria, which are initiated via the Museum Kunst der Verlorenen Generation Museum Shop (https://verlorene-generation.com/shop/).

By placing an order in the online shop, customers accept the General Terms and Conditions (“GTC”) of the Online Shop of the Museum Kunst der Verlorenen Generation and the GTC of the museum operation of the Museum Kunst der Verlorenen Generation.

Contract

An order is only possible if all required fields (fields marked with an asterisk) are filled in. Completing the order process and confirming the general terms and conditions constitutes an offer to conclude a purchase contract with the Museum Kunst der Verlorenen Generation. Receipt of the order will be confirmed by an automatically sent email. However, this does not yet constitute acceptance of the order. Messages are only received during normal business hours (Wednesday to Friday from 11:00 a.m. to 5:00 p.m., excluding public holidays in Austria). Messages received on the server outside these times are considered received on the next business day. We reserve the right to reject orders in whole or in part. Customers will be informed of any non-acceptance of their order. Should you have already made advance payments for goods that are not delivered, we will refund you these payments.

Prices

The prices of the Museum Kunst der Verlorenen Generation apply according to the respective valid price lists or as indicated in the online shop. The prices include the respective legally prescribed value-added tax. The Museum Kunst der Verlorenen Generation reserves the right to set prices that deviate from the price lists in individual cases. These will be indicated during the ordering process. Price errors are reserved. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer agrees to purchase at the actual price. If the correct price is lower, the lower price will be charged. The shipping costs indicated in the order apply.

Delivery Times for Shipping Goods

Online purchased and in-stock goods (catalogs, etc.) will be shipped by the Museum Kunst der Verlorenen Generation within a reasonable period after payment has been received. When paying by credit card, the goods will be shipped after a positive credit card verification, and when paying in advance, after the full payment has been received in our account. Shipping within and outside the country will be to the address provided at the time of order. We reserve the right to make partial deliveries as well. If a product cannot be delivered for at least four weeks, we will inform the customer by email and give the customer the option to withdraw from the purchase contract concerning the undeliverable goods by written declaration via email. If customers do not exercise this right of withdrawal within the period specified by us, the contract remains valid and will be fulfilled by us as soon as the goods become available again.

Payment

Payment is made by credit card or in advance. Only after the order is received will the staff of the Museum Kunst der Verlorenen Generation contact the customer to clarify all further steps of the payment and shipping process. The sale is only completed after the payment process is clarified. At this point, the purchase is binding and can no longer be canceled or modified unless there is a legal right of withdrawal. However, the purchase contract is only concluded if the booking process is carried out with a valid credit card and the payment is authorized by the respective credit card company, or in the case of advance payment, the payment has been fully received in our account.

Retention of Title

The goods remain the property of the Museum Kunst der Verlorenen Generation until full payment has been received.

Warranty and Liability

The statutory warranty provisions apply.

The website has been created to the best of our knowledge and carefully tested. However, no liability can be accepted for the flawless operation of the website, for errors being corrected, or for the website or server being free from viruses or other harmful programs, functions, etc. Claims for damages by the customer for any reason, including delay, impossibility of performance, positive breach of contract, fault at contract conclusion, consequential damages, defects, or unlawful acts, are excluded, unless they are based on intent or gross negligence on the part of the Museum Kunst der Verlorenen Generation. This limitation does not apply to compensation for damages to persons and items entrusted for processing, or to claims based on the Product Liability Act. Minor deviations in the goods do not constitute a defect that triggers a warranty claim. Generally, the Museum Kunst der Verlorenen Generation cannot provide a guarantee unless explicitly stated otherwise.

Content from referenced or linked pages is explicitly not part of the website. Any warranty or liability for content on referenced pages is expressly excluded. The Museum Kunst der Verlorenen Generation explicitly disassociates itself from any potentially illegal content on referenced pages and is not responsible for the content or functions of such websites.

Data Protection

All information regarding data protection can be found in the privacy policy on the website of the Museum Kunst der Verlorenen Generation at (https://verlorene-generation.com/datenschutzerklaerung/).

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without providing any reasons. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, takes possession of the goods (or, in the case of multiple goods ordered separately, the last item).

You may return the purchased goods to the Museum Kunst der Verlorenen Generation, provided the items are complete and in unused and undamaged condition. Sealed and/or shrink-wrapped items will only be accepted if the shrink wrap is still unopened. This right of withdrawal, as stipulated by law, is not limited by these terms.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email).

Consequences of Withdrawal

If the customer withdraws from the contract, the Museum Kunst der Verlorenen Generation must reimburse all payments received from the customer without undue delay and no later than fourteen days from the day on which the notice of withdrawal from this contract was received by the Museum Kunst der Verlorenen Generation. The Museum Kunst der Verlorenen Generation may withhold the reimbursement until it has received the goods in their original packaging and has checked them for completeness and integrity, or until the customer has provided proof that the goods have been sent back, whichever is the earlier date.

The customer must return or hand over the goods to the Museum Kunst der Verlorenen Generation without undue delay and in any event no later than fourteen days from the day on which the Museum Kunst der Verlorenen Generation was notified of the withdrawal from the contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods.

Miscellaneous

Deliveries and declarations of intent are legally effective until a different email address or mailing address is communicated in writing to the customer. The customer is required to provide all relevant and requested information accurately and completely at the time of contract conclusion. The customer is liable for any costs arising from incorrect, incomplete, or unclear information. For any other damages, the customer is obliged to inform us in writing of any changes to their name, address, or residence without delay. In the event of a failure to notify, any written communication sent to the last provided email address or mailing address will be deemed sufficient for effective delivery.

Customers are aware that the internet is not a secure communication medium and that data transmitted over the internet may be exposed or altered by third parties. The customers bear the risk that data may not arrive or may not arrive in the form sent by them. We are entitled to rely on the data as received from the customers.

Austrian law applies. For entrepreneurs and consumers who do not have their residence or habitual abode within Austria and who are not employed within Austria, the court responsible for 5020 Salzburg is agreed upon as the competent court for all legal disputes related to this contract, including its formation or dissolution.

We reserve the right to change and adjust the general terms and conditions as needed, with such changes applying only to future contracts. The court of jurisdiction is the competent court in Salzburg city. Should any provision of these general terms and conditions be invalid, the validity of the remaining provisions shall not be affected.

For any questions, please contact:

Prof. Dr. Heinz R. Böhme Foundation
Museum Art of the Lost Generation
Sigmund-Haffner-Gasse 12/1st Floor
5020 Salzburg, Austria

T +43 (0)662 276231
museum@verlorene-generation.com