Terms & Conditions - for the Online Shop

October 2022

I.    GENERAL TERMS FOR ALL OFFERS

1.    Company information

1.1    Österreichische Galerie Belvedere

Wissenschaftliche Anstalt öffentlichen Rechts

Prinz Eugen-Strasse 27

1030 Vienna

Austria

VATIN: ATU16286800

Company register: FN 192738p, Vienna Commercial Court

2. Scope of Application

2.1    These General Terms and Conditions (GTC) apply to the purchase of tickets for admission to exhibitions of the Österreichische Galerie Belvedere (“Belvedere”), incl. time-slot-tickets, for the purchase of Belvedere events and programs and the purchase of shop articles via its website www.belvedere.at (hereinafter referred to as “offers”). Information on current exhibitions can be found on the website. Belvedere reserves the right to cancel or modify exhibitions. Due to necessary works, such as the installation, dismantling, or modification of exhibitions, parts of the gallery may need to be closed. Belvedere reserves the right to close exhibition areas or individual rooms for safety reasons due to too large visitor numbers and overcrowding.

2.2    In making an order, the customer accepts the GTC. Only these GTC shall apply. Belvedere does not accept differing conditions unless it has expressly done so in writing.

2.3    Should individual provisions of these GTC entirely or partially contradict mandatory statutory regulations, the remaining provisions of these GTC shall nonetheless remain valid.

2.4    A current version of the House Rules is available on the website. By purchasing admission tickets and tickets for events, the customer accepts these House Rules.

2.5    Belvedere reserves the right to amend and adapt these GTC as necessary.

2.6    In the following the terms and conditions applying to all categories are listed and subsequently the terms and conditions differentiated according to the individual product categories are listed.

3. Conclusion of Contract

3.1    The contract language is German.

3.2    After selecting the offers and correctly entering all the required information, customers submit an offer to purchase the offers they have selected. An order is only possible if all the fields marked with * (mandatory fields) are completed. Acceptance of the offer by Belvedere shall be effected by sending a confirmation by e-mail to the e-mail address provided.

4. Prices

4.1    The current prices of offers can be found on the website. All prices include the statutory value-added tax. Belvedere reserves the right to make changes in the pricing.

4.2    After acceptance of the contract by Belvedere, the customer shall receive an e-mail with the tickets for the offers purchased (excluding shop articles, see section VI below, hereinafter referred to as “tickets”), which can be stored and printed. The customer is obliged to print out the PDF ticket and bring it with him/her to his/her visit, or to show the QR code on his/her mobile device upon entrance. It is the customer’s responsibility to present a legibly printed ticket. Tickets that are not legible or contain information that cannot be checked will not be accepted. The customer may only print the ticket once and should take all reasonable measures to prevent the duplication of tickets. Tickets are transferable prior to taking advantage of the offers. If tickets are transferred, the customer shall ensure that the recipient is familiar with the GTC and the House Rules, since these form part of the contract.

4.3    Hawking or selling tickets is prohibited.

5. Discounts

5.1    The information required for the respective discount must be correctly entered in the online form. There is no legal claim to a discount.

5.2    If a customer makes use of a discount, the customer must present upon entrance an official identity document with a photograph in order to verify his/her entitlement.

5.3    If a discount was claimed without justification when the contract was concluded, the admission ticket or event booking shall become invalid. However, the customer shall be entitled to pay the difference to the regular ticket price; otherwise, he/she will be refused admission to the museum and can be removed from the premises. In this case, the amount already paid shall not be reimbursed, also not partially.

6. Payment

6.1    Payment shall be made by AMEX, VISA, MasterCard, Diners, PayPal, or Giropay. After sending the order, the purchase is binding and can no longer be cancelled or modified. All credit card holders are subject to validation checks. Offers are only considered paid once the information provided by the customer has been confirmed as correct and the payment has reached Belvedere in full. Amounts not confirmed by the credit card company will be claimed subsequently.

7. Liability

7.1    Belvedere shall not be liable to ensure that orders can be made via the website at all times. Belvedere shall not be liable for defects arising for whatever reason (e.g., damage from disturbances, errors, or disruptions or consequential damages) unless these were caused by Belvedere intentionally or through gross negligence.

7.2    The statutory warranty claims, in particular for consumers, remain unaffected by this.

7.3    The customer is obliged to provide the required data fully and correctly. The customer shall be liable for any damage resulting from incomplete, incorrect, or unclear information.

 

8. Warranty

8.1    Belvedere shall be liable for defects within the scope of the statutory provisions.

9. Privacy Policy

9.1    Information on the subject of data protection can be found in the Privacy Policy on the Belvedere website at https://www.belvedere.at/en/data-protection.

10. Applicable Law and Jurisdiction

10.1    The contract is exclusively governed by Austrian law under exclusion of international conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
10.2    All disputes arising out of or in connection with this agreement are subject to jurisdiction of the Court for commercial matters in Vienna. This does not apply to customers within the meaning of the KSchG (Austrian Consumer Protection Act).

II. SPECIAL REGULATIONS FOR ADMISSION TICKETS

1.    Period of Validity
1.1     Single tickets and combination tickets are valid for three months from the purchase date (in the Upper Belvedere, only for the selected time-slot in accordance with section III.) and may only be used once for the respective offer.

2.    Ticket Cancellations/Exchanges
2.1    Purchased tickets can neither be exchanged nor (partially) refunded but are transferable to another person within the period of validity.

III. TIME-SLOT-TICKETS

1.1    Visitors must book a time-slot for the Upper Belvedere. This is included in the ticket price. Admission without a valid time-slot-ticket is not possible (with the exception of annual ticket holders). Booking is only possible for a time-slot shown as available.

1.2    The time-slot-ticket is transferable, but time-slot-tickets may not be sold.

IV. SPECIAL REGULATIONS FOR ANNUAL TICKETS AND FRIEND MEMBERSHIPS

1.1    After purchasing an annual ticket or a friend membership, the customer shall receive a mobile ticket via e-mail that is immediately valid for one year. At the customer’s request, a physical card will be sent by mail within 14 days or can be issued at one of the Belvedere ticket desks. The annual ticket and friend membership is personalized and cannot be transferred to another person. A valid identity card with photograph must be presented with the annual ticket and friend membership.

1.2    A loss of the card must be reported to crm@belvedere.at (annual ticket) or freunde@belvedere.at (friend membership) or directly to the Belvedere ticket desks.

1.3    The price of an admission ticket during regular opening hours can be credited towards the purchase of an annual ticket. Tickets for events and programs are excluded. Admission tickets can be credited at all Belvedere ticket desks once within one year of purchase. This promotion cannot be combined with other promotions/discounts. No cash redemption possible. The ticket price cannot be credited against annual ticket purchases already made. The value of only one admission ticket can be credited per purchase of one annual ticket (of all types). Therefore, for example, two admission tickets cannot be offset against one “Jahreskarte Plus”.

V. SPECIAL REGULATIONS FOR TICKETS FOR EVENTS AND PROGRAMS

1.    Period of Validity
1.1    An event ticket entitles customers to a single participation only. There may be additional costs, e.g., for an admission ticket or the use of audio guides (should the customer wish to use them). Tickets for events and programs are only valid for the selected event/program.

2.    Ticket Cancellations/Exchanges
2.1     Purchased tickets can neither be exchanged nor (partially) refunded but are transferable to another person within the period of validity. Customers who are consumers within the meaning of the KSchG (Austrian Consumer Protection Act) do not have a right of revocation (right of withdrawal) in accordance with the FAGG (Austrian Distance and Off-Premises Transactions Act) for contracts for services provided in connection with leisure activities, provided that a specific time or period is provided for the performance of the contract in each case (§ 18 para. 1 no. 10 FAGG).

2.2     Belvedere reserves the right to cancel events and programs; the customer will be informed about this in a timely manner by e-mail.

 

VI. SPECIAL REGULATIONS FOR SHOP ARTICLES

1.1    Information on delivery and delivery costs is shown directly within the order process.

1.2    Belvedere reserves the right to make partial deliveries of orders.

1.3    Goods remain the property of Belvedere until complete payment has been received.

1.4    Consumers have the right to withdraw from the contract in accordance with the provisions of the FAGG (Austrian Distance and Off-Premises Transactions Act). In Appendix I you will find the corresponding withdrawal policy and the withdrawal form in accordance with the FAGG.

1.5    There is no right of withdrawal for goods that are made to customer specifications or clearly tailored to personal needs, for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery, for audio or video recordings (e.g. CDs, DVDs) that are delivered in a sealed package, provided that their seal has been removed after delivery.

APPENDIX I (Information on Exercising the Right of Withdrawal pursuant to FAGG Austrian Distance and Off-Premises Transactions Act)

1.    RIGHT OF WITHDRAWAL
 
You have the right to withdraw from this contract within 14 days without giving any reason.
 
The withdrawal period is 14 days from the day on which you or a third person named by you, who is not the carrier, has or has taken physical possession of the goods.
 
To exercise your right of withdrawal, you must inform us (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz Eugen-Strasse 27, 1030 Vienna, Austria, fax: +43 1 79557-121, shop@belvedere.at) of your decision to withdraw from this contract by means of a clear declaration (e.g., letter sent by mail, fax, or e-mail). For this purpose, you may use the attached sample withdrawal form but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Effects of Withdrawal:
Should you withdraw from the contract we will 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 the type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we received the notification of your withdrawal from the contract. For such reimbursement, we will use the same means of payment that you used for the initial transaction, unless expressly agreed otherwise with you; 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 until you have supplied evidence of having returned the goods, whichever is the earlier. You must return the goods or hand them over to us without any undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline shall be considered met if you send the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods if this results from handling of the goods other than what is necessary to establish the condition, properties, and functioning of the goods.

APPENDIX I (SAMPLE WITHDRAWAL FORM)

(Complete and return this form only if you wish to withdraw from the contract.)
 
To
Österreichische Galerie Belvedere
Wissenschaftliche Anstalt öffentlichen Rechts
Prinz Eugen-Strasse 27
1030 Vienna
Austria
shop@belvedere.at
 
I/ we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods.
 

– Ordered on:

 
– Name of consumer(s):

 
– Address of consumer(s):

 

 
– Signature of consumer(s) (only for notification on paper):

 

 
– Date:

 
(*) Delete as appropriate.