SCHIRN Online Shop – General Terms and Conditions
The following Terms and Conditions listed below (subsequently “T&Cs”) regulate the contractual relationship between the SCHIRN and natural persons and legal entities (hereinafter: “the Customer”) with regard to the online sale of tickets for visiting the SCHIRN, publications and articles. Any terms and conditions that depart from these T&Cs will not be recognized unless the SCHIRN has consented expressly to this change in writing.
The SCHIRN House Rules form an integral part of these T&Cs.
1. CONTRACTUAL PARTNER
Customers of the online shop must be able to act in a legal capacity or act with the consent of their legal representation. By placing a binding order, the Customer assures that the information given is accurate and that they are fully authorized to make such statements.
The purchase agreement with the Customer comes about under the following conditions with the contractual partner:
SCHIRN KUNSTHALLE FRANKFURT/MAIN GMBH ("SCHIRN")
Tel. +49.69.29 98 82-0
Fax. +49.69.29 98 82-240
welcome (at) schirn.de
Managing Director: Philipp Demandt
VAT. Ident. No.: DE114236912
2. CONCLUSION OF THE CONTRACT
The offers of SCHIRN in the online shop are not binding and do not constitute a legally binding offer, but rather represent a non-binding invitation to order tickets, publications and goods. By selecting tickets, publications and goods and in a subsequent step of the order process clicking on the button “CONFIRM PURCHASE” Customers make a binding declaration to buy the goods placed in the shopping basket. Prior to sending binding orders the Customer can view and alter the information at any time. However, a binding order can only be submitted and placed with the SCHIRN once the Customer has taken note of and accepted these contractual conditions by clicking on the button “I accept the Terms”.
After a binding order has been placed, the SCHIRN sends the Customer a confirmation of the order by email; said confirmation gives details of the order and Customers can print it out. The contract is deemed to have been enacted when the SCHIRN sends this confirmation or dispatches the goods or publications or tickets.
People wishing to enter the SCHIRN may only do so with a valid ticket and must respect our House Rules. Such admission tickets can be obtained from the SCHIRN ticket counter. The commercial resale of tickets purchased from the online shop is not permitted and the SCHIRN may at its discretion cancel their validity immediately.
4. LOSS OF TICKETS
In the event of the Customer losing a ticket, there is no entitlement either to a replacement ticket or any other compensation.
5. RIGHT OF ACCESS/ENTRANCE (TICKETS)
The ticket confers right of admission during the opening times stipulated by the SCHIRN (the current opening times are listed under www.schirn.de). It does not authorize the ticket holder to visit special events that involve additional fees and/or registration. The ticket is valid on a calendar day during the period of the respective exhibition.
The ticket loses its validity on the holder entering the exhibition. After use, tickets are not transferrable to another person. Tickets that are forged or have otherwise been manipulated do not authorize their holders to entry and will be withdrawn by the SCHIRN. Holders are not entitled to compensation or a substitute ticket in such a case. The same applies to the wrongful use of tickets. In addition, Customers/visitors agree to observe the SCHIRN House Rules.
The SCHIRN is entitled to wholly or partially close certain areas of the exhibition gallery or to limit admission to certain areas. Such closures or limited access do not constitute grounds for the Customer/visitor bringing claims against the SCHIRN.
6. RIGHT OF CANCELLATION OF TICKETS
Customers are not entitled to cancel distance selling contracts in accordance with section A 312g para. 2 no. 9 of the German Civil Code, providing it is a contract for the provision of services in connection with leisure-time activities (such as an exhibition visit), if the contract foresees a specific period or date for said provision of services.
All the prices listed on the SCHIRN website are gross prices and include the respective VAT. The prices stated at the time of order are valid.
Customers can make payment by credit card, direct debit or Paypal.
Settlement of payment by credit card or direct debit as well as the technical processing are performed by:
Beckerbillett GmbH, Fangdieckstrasse 61, 22547 Hamburg, Germany.
The payment of the purchase price is due immediately on conclusion of the contract. If a payment is late, the Customer must pay the SCHIRN default interest of 5 % above the central bank discount rate. The Customer’s obligation to pay default interest does not preclude SCHIRN bringing claims for further default damages.
9. RESERVATION OF OWNERSHIP
The SCHIRN remains owner of the purchased item until full payment of the purchase price has been made.
10. PRINT-AT-HOME TICKETS
Tickets that can be printed at home by the Customer/visitor are only valid after full payment has been made. It is forbidden to print out a print-at-home ticket several times or to duplicate it for the purpose of wrongful ticket use. The individual barcode on the print-at-home ticket is validated after it is first scanned on entry.
Any abuse of this will result in the ticket holder being denied entry; the ticket thereupon loses its validity.
Orders are processed by the SCHIRN as quickly as possible after receipt. Delivery of tickets by email can take up to six hours. Publications and goods are generally shipped within four to five working days. In special cases delivery can take up to two weeks.
12. LIABILITY FOR DEFECTS
For consumers the limitation period for any claims for defects on the delivery of new goods is two years. The period begins with the transfer of risk. This does not apply in the case of claims for damages owing to defects. For such claims to damages, clause 9 above shall apply.
For companies, in the event of a defect the SCHIRN reserves the right to select the type of supplementary performance.
The SCHIRN does not grant guarantees in the legal sense.
13. LIABILITY FOR DAMAGES
The liability of the SCHIRN for breaches of contractual obligations but also from tort is limited to intent and gross negligence. This does not apply in the event of injury to life, limb or health of the Customer, claims arising from the violation of cardinal obligations i.e., from obligations resulting from the nature of the contract and where the breach jeopardizes the achievement of the purpose of the contract, and it also does not apply to compensation for damages caused by delay (section 286 German Civil Code). The SCHIRN is then liable in such instances irrespective of the degree of fault.
Insofar as the liability of the SCHIRN is excluded or limited this also applies with regard to the personal liability of the employees, employers, colleagues, representatives and agents.
14. INFORMATION IN ACCORDANCE WITH THE ONLINE DISPUTE RESOLUTION DIRECTIVE
As the law now stands the SCHIRN is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used for resolving disputes without the need to involve a court. The European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/odr.
The SCHIRN does not take part in dispute resolution procedures nor is it obliged to do so.
15. DATA PROTECTION
In the course of processing contracts the SCHIRN collects data on Customers and uses the data exclusively for this purpose. In doing so it observes the valid data protection regulations, in particular the regulations of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The data are only collected for the purposes of business transactions and only collected, processed and used for the duration thereof. On completion of the transactions they are deleted. Without the consent of the Customer/visitor the SCHIRN will only collect, process or use the Customer’s inventory and user data insofar as is necessary for the implementation of the contractual relationship and invoicing.
The Customer shall be entitled at all times to access, alter and/or delete the personal data.
16. FINAL PROVISIONS
The law of the Federal Republic of Germany applies to contracts between the SCHIRN and the Customer; the UN Sales Convention is excluded. Insofar as the Customer is a businessman, a legal entity under public law or public special assets are concerned the place of jurisdiction for all disputes arising from this contractual relationship between the Customer and the SCHIRN shall be the domicile of the SCHIRN. Even if individual provisions of the contract are or become legally invalid or inoperable, the remainder of the contract continues to be binding. The invalid or inoperable provision shall be replaced by valid regulations. The same applies to legal loopholes.