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Kunsthaus Zürich

GENERAL TERMS AND CONDITIONS 
FOR PURCHASES AND RESERVATIONS

1. Scope of application
1.1 The General Terms and Conditions (‘GTCs’), in the version current at the time of conclusion of the contract, govern all business relations between the Zürcher Kunstgesellschaft (‘Kunsthaus Zürich’) and customers of the online shop, the museum shop or the Art Educational Department of the Kunsthaus Zürich.
1.2 By sending an order or carrying out a download, the customer expressly agrees to these General Terms and Conditions.
1.3 No customer conditions that conflict with or deviate from these GTCs will be accepted unless, in the individual case concerned, the Kunsthaus Zürich has expressly consented in writing to such conditions.

2. Registration
2.1 On successfully registering as a customer or logging in as a guest user, the customer is authorized to use the online shop system.
2.2 The authorization may be revoked by the Kunsthaus Zürich at any time. In this event, the Kunsthaus Zürich is entitled to block and delete the user name and the corresponding password immediately.

3. Conclusion of the contract
3.1 The presentation of the range in the online shop does not constitute an offer to conclude a contract of sale with the customer. It is non-binding.
3.2 The contract comes into existence when the Kunsthaus Zürich accepts the contract offer submitted with the customer’s order by sending an e-mail containing the order confirmation. This order confirmation describes the material content of the order. The customer must check the order confirmation for obvious typographical errors or miscalculations and for discrepancies between the order and the confirmation. The Kunsthaus Zürich must be notified of any inaccuracies without delay.
3.3 If the customer has specified an incorrect e-mail address when placing their order and the order confirmation from the Kunsthaus Zürich cannot be delivered to them, the contract comes into existence when the Kunsthaus Zürich supplies the order confirmation to the customer in another manner.
3.4 If the Kunsthaus Zürich is unable to comply with the customer’s request, the customer will be notified that the item concerned is unavailable or the order has been declined rather than receiving an order confirmation. Items that are temporarily unavailable will be reserved for the customer and the order will remain open.
3.5 Products will only be sold to end customers and authorized resellers. The contractual relationship regarding the purchase of shop items, guided tours and admission tickets is solely between the Kunsthaus Zürich and the customer.

4. Prices
4.1 Prices are subject to change. The purchase price will be the price indicated by the Kunsthaus Zürich at the time when the customer places the order.

5. Limits on participation
5.1 The number of participants for each private group tour booked is limited.

6.  Delivery, shipping costs
6.1 The Kunsthaus Zürich will deliver the items ordered to the address specified by the customer in the order without delay. The Kunsthaus Zürich may at any time make partial delivery or partial performance of a service if the customer may reasonably be expected to accept these. If the Kunsthaus Zürich makes partial deliveries, the Kunsthaus Zürich will pay any additional shipping costs incurred.
6.2 Delivery will be made subject to the shipping costs indicated in the individual case. The customer must pay such costs in addition to the price of the items ordered.
6.3 All delivery periods or deadlines indicated in the online shop are non-binding.
6.4 Deliveries will be made only to end customers. The Kunsthaus Zürich reserves the right to limit quantities supplied.
6.5 If the consignment has to be delivered again because an incorrect address was specified, the customer must pay the additional shipping costs incurred.
6.6 Confirmations / invoices / print-at-home tickets for guided tours and admission tickets are sent at the customer’s risk to the e-mail address specified by the customer. The risk of loss passes to the customer at the time of transfer to the transport company / e-mail provider. No replacement will be provided.

7. Due date and conditions of payment, default
7.1 The purchase price and shipping costs are due and payable upon conclusion of the contract.
7.2 The Kunsthaus Zürich will accept payments made by the customer via Saferpay using the following credit cards: VISA, Eurocard/MasterCard, American Express, Postcard.
7.3 The currency of the contract and invoice is Swiss francs (CHF).
7.4 Payment by voucher or collective invoice is permitted only subject to agreement.
7.5 Discounts on admission tickets for public guided tours and event tickets are valid only in conjunction with the relevant proof of entitlement. This must be presented at the cash desk or on admission when visiting the museum.

8. Reservation of ownership, withdrawal
8.1 Until all payments arising out of the contract have been received, the items delivered will remain the property of the Kunsthaus Zürich. In the event of default, the Kunsthaus Zürich is entitled to withdraw from the contract and demand return of the items concerned.
8.2 If a supplier fails to deliver the items ordered despite being contractually obliged to do so and the Kunsthaus Zürich is, through no fault of its own, permanently unable to perform the contract, the Kunsthaus Zürich is entitled to withdraw from the contract. In the event that it is prevented from performance, the Kunsthaus Zürich will inform the customer immediately and reimburse any payments already made by the customer.

9. Customs duties, value added tax
9.1 In the event of delivery to countries outside Switzerland, import duties may be incurred; these are to be paid by the customer. Such duties vary from one customs area to another. The customer is responsible for correctly declaring the items concerned and for paying the required duties and charges. Import duties do not constitute shipping costs.
9.2 For deliveries within Switzerland, the price shown includes the valued added tax applicable at the time. Where items are exported to other countries, the price shown is the price net of value added tax.

10. Right of cancellation for items purchased online
10.1 The customer has the right to cancel the contract of sale within 14 days of the items being received by the specified recipient, without giving reasons. Such cancellation may be made in writing, on another permanent data storage medium, by sending an e-mail to shop@kunsthaus.ch, or by returning the items.
10.2    The right of cancellation is deemed to have been exercised in due time if the items are dispatched on time to:
Kunsthaus Zürich Shop
P.O. Box
8024 Zurich, Switzerland
10.3 The right of cancellation is excluded in the case of contracts for
a) the delivery of perishable goods;
b) the delivery of goods that, owing to their nature, are unsuitable for returning (e.g. e-books, downloads, etc.);
c) the delivery of newspapers, periodicals, illustrated magazines, yearbooks and calendars;
d) the delivery of DVDs, CDs, e-book readers, videos, music cassettes and software, unless they are returned unused, sealed and in the original packaging;
e) the delivery of items produced in accordance with specifications supplied by the customer, or items purchased abroad especially for the customer that are labelled as such in the detailed view.
10.4 If the customer returns an order for which cancellation is not available, the customer must bear the costs of sending it back to the customer.
10.5 In the event of effective cancellation, the customer must return the items received. If, following cancellation by the customer, the customer is unable or only partially able to return the items received, or can only return them in used or damaged condition, the customer must compensate the Kunsthaus Zürich for the corresponding loss of value. If the customer has already paid the purchase price, the Kunsthaus Zürich is entitled to deduct the loss of value from the amount repaid. In individual cases, the loss of value may be equal to the purchase price paid.
10.6 The customer bears the costs and risk of returning the items, unless the items supplied do not correspond to those ordered.
10.7 Until the items have been returned in full, the Kunsthaus Zürich will make use of its right of lien.

11. Reimbursement for admission tickets
Admission tickets and event tickets that have been paid for will not be reimbursed, with the exception of packages that include group tours in addition to admission tickets.

12. Cancellation of workshops, guided tours and other events
12.1 Private group tours
a) Private group tours may be cancelled by letter to the Art Education Department: Kunsthaus Zürich, Kunstvermittlung, P.O. Box, CH-8024 Zurich, Switzerland; or by e-mail to kunstvermittlung@kunsthaus.ch.
b) In the event of cancellation no later than 10 working days (date of receipt) before the scheduled date, no cost contribution will be charged. In this case, the invoice amount corresponding to the cancelled service will be reimbursed in full.
c) In the event of cancellation 5-9 working days (date of receipt) before the scheduled date, 50% of the invoice amount corresponding to the cancelled service will be charged as a cost contribution.
d) In the event of cancellation less than 5 working days (date of receipt) before the scheduled date, or failure of the group to attend at the scheduled time, the full invoice amount will be due and payable.
e) The relevant date for the purposes of compliance with the cancellation period concerned is the date on which the cancellation is received by the Kunsthaus Zürich. It is the responsibility of the customer to provide the relevant proof.
f) If an event is cancelled by the Kunsthaus Zürich owing to illness, force majeure or the like, no liability will be accepted and the costs will be reimbursed.
g) The Kunsthaus Zürich may move the agreed start time of the event by up to 30 minutes without thereby entitling the customer to a reduction in the fee.
h) If the customer moves the start time of the event by more than 15 minutes on the day of the event, a processing fee of CHF 50 will be charged.
12.2 Workshops (duration up to 3 hours)
Registration for one-off children’s workshops and workshops for adults is binding. In the event of cancellation by the customer, or failure of the child or participant to attend at the scheduled time, the full invoice amount will be due and payable. If the event is cancelled by the Kunsthaus Zürich owing to illness or other force majeure, no liability will be accepted. Fees paid will be reimbursed.
12.3 Children’s club and workshops (longer than 3 hours)
a) Cancellation of attendance at a workshop lasting more than 3 hours or a children’s club block of up to 3 event dates must be made either by letter to the Art Education Department: Kunsthaus Zürich, Kunstvermittlung, P.O. Box, CH-8024 Zurich, Switzerland; or by e-mail to kunstvermittlung@kunsthaus.ch.
b) In the event of cancellation no later than 6 working days (date of receipt) before the scheduled date, no cost contribution will be charged. In this case, the invoice amount already paid corresponding to the cancelled service will be reimbursed in full.
c) In the event of cancellation less than 6 working days (date of receipt) before the scheduled date, or failure of the child or participant to attend at the scheduled time, the full invoice amount will be due and payable.
d) The relevant date for the purposes of compliance with the cancellation period is the date on which the cancellation is received by the Kunsthaus Zürich. It is the responsibility of the customer to provide the relevant proof.

13. Offsetting / customer’s right of lien
Offsetting by the customer is permitted only if the customer’s claim has acquired legal force or been recognized by the Kunsthaus Zürich. The customer has a right of lien only to the extent that the customer’s counter-claim relates to the same contractual relationship.

14. Warranty and liability for the purchase of items
14.1 The purchaser must inspect the items on receipt and notify the Kunsthaus Zürich of any defects immediately. If the purchaser fails to do so, the items will be deemed to have been accepted, unless the defects are such that they would not be revealed by the customary inspection. Where such defects come to light subsequently, the seller must be notified immediately, failing which the object will be deemed accepted even in respect of such defects.
14.2 If, at the time the risk passes, the item purchased has a defect for which the Kunsthaus Zürich can be held responsible, the Kunsthaus Zürich may either remedy the defect or supply a replacement. Should the remedial action or replacement fail, the customer may either withdraw from the contract or demand a reduction in the purchase price.
14.3 The liability of the Kunsthaus Zürich, its representatives and agents is limited to cases of intent or gross negligence. The Kunsthaus Zürich will not be liable for indirect loss or damage or for lost profits. Product liability is not affected.

15. Place of dispatch
Kunsthaus Zürich
Heimplatz 1
8001 Zurich, Switzerland

16. Data protection
16.1 The data necessary for processing of the transaction will be stored in strict compliance with the applicable legal provisions in Switzerland and provided to other companies solely for the purpose of processing the order. All personal data will be treated as confidential. The Kunsthaus Zürich is authorized to transmit the personal data for the purpose of credit checking and creditworthiness monitoring within the scope of data exchange to companies linked to the Kunsthaus Zürich.
16.2 Once logged in, customers may view and edit their own user information in the protected area of the website at any time. Further information on data protection can be found in the privacy statement on the website of the Kunsthaus Zürich online shop.

17.  Usage rights (including downloads)
17.1 All the items offered are for private, non-commercial use only. Any other use constitutes a breach of copyright. The making of copies for the purposes of sale, commercial lending, public broadcasting or forwarding/transferring to third parties is prohibited.
17.2 When acquiring music content from our range, customers are granted only the usage rights specified in the respective product description, e.g. the right to download and play a title on an electronic storage medium or transfer it to an electronic media storage device.

18. Concluding provisions, applicable law and place of jurisdiction
The Kunsthaus Zürich reserves the right to amend these GTCs at any time without giving reasons. Such amendments will not apply to bookings already made. If any provision is or becomes void or unenforceable, this will not affect the validity of the remainder of the contract. Substantive Swiss law only will apply. The UN Convention on the Sale of Goods is not applicable. The sole place of performance for delivery, services and payment is the City of Zurich. The place of jurisdiction for all disputes arising out of or in connection with the customer’s orders is the registered office of the Kunsthaus Zürich (City of Zurich).