Terms & Conditions
General Terms and Conditions of Business
1.Area of applicability
1.1.The selection of goods offered by the MAK – Österreichisches Museum für angewandte Kunst / Gegenwartskunst (Austrian Museum of Applied Arts / Contemporary Art) (hereinafter “MAK”) is directed at customers worldwide.
1.2.These General Terms and Conditions of Business (hereinafter “GTC”) of the MAK apply to all sales and deliveries of merchandise by the MAK, including legal transactions conducted through the online shop.
1.3.Any General Terms and Conditions of Purchase of the buyer do not apply, even if the MAK has not objected to them.
1.4.Consumers within the meaning of these GTC are defined as natural persons having their domicile or usual abode within the European Union, who enter into a legal transaction for purposes that cannot be predominantly attributed to their commercial or self-employed professional activity. Entrepreneurs within the meaning of these GTC are defined as natural or legal persons or partnerships with legal capacity who are carrying out their commercial or self-employed professional activity when entering into a legal transaction.
2.Long-distance sales contracts
2.1.The product descriptions contained in the MAK’s online shop are not binding offers, but allow the customer to make a binding offer.
2.2.The customer can make their offer via the online order form integrated into the MAK’s online shop. After the customer has placed the selected goods and/or services into the virtual shopping cart and has gone through the electronic ordering process, they make a binding contractual offer regarding the goods and/or services contained in the shopping cart when clicking the button that finalizes the ordering process.
2.3.The MAK can accept the customer’s offer within five days by
-Transmitting a written order confirmation or an order confirmation in text form (email or fax) to the customer, whereby receipt of the order confirmation by the customer is decisive;
-Delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive in this case; or by
-Requesting payment from the customer after they have placed their order.
2.4.Delivery periods always apply from the date of contracting.
2.5.If the MAK does not accept the customer’s offer within this period, this is considered a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.
2.6.When an offer is made via the online order form, the MAK stores the contract text and will send it to the customer after dispatch of their order together with these GTC.
2.7.Order processing and contact will generally take place via email and through automated order processing. The customer must ensure that the email address they provide for order processing is correct so that the emails sent by the MAK can be received at this address.
3.Cancellation policy for long-distance transactions
3.1.Consumers domiciled or with their usual abode within the EU have a 14-day cancellation right without having to give a reason. Entrepreneurs do not have this right to cancel.
3.2.To exercise the cancellation right, consumers must inform the MAK (MAK – Österreichisches Museum für angewandte Kunst / Gegenwartskunst, Stubenring 5, 1010 Vienna, AUSTRIA, +43 1 711 36-248, office@MAK.at) of their decision to cancel the contract by means of an unequivocal declaration (e.g. a letter sent by mail or an email).
3.3.Sending the cancellation notice before the end of the cancellation period is sufficient for the consumer to meet the deadline.
3.4.When consumers cancel their contract, the MAK must promptly refund all payments it has received, including delivery costs, by no later than 14 days from the date on which the MAK received notice about the cancellation of the contract.
3.5.The MAK can refuse to issue a refund until it has received the goods back or until proof has been furnished that the goods were sent back, whichever is earlier.
3.6.Consumers must, at their own expense, promptly return or deliver the goods to the MAK no later than within 14 days from the date on which they notify the MAK about the cancellation of the contract. The deadline has been met when the goods are dispatched before the end of the 14-day period.
3.7.There is no right of cancellation, e.g.,
-For goods that are delivered under seal or are not suitable for return for reasons of health or hygiene, if the seal was removed after delivery; and
-For foods and goods that can spoil quickly or whose expiration date would soon be exceeded.
4.Terms of payment
4.1.Unless the description of the MAK’s merchandise provides otherwise, the stated prices are total prices that include the statutory value added tax. Additional delivery and shipping costs are identified separately in the respective product descriptions.
4.2.The payment options “credit card,” “PayPal” and “direct transfer” are available to customers for payment processing in the online shop.
5.Retention of title
The MAK reserves ownership of the delivered goods until full payment of the purchase price owed.
6.Terms of delivery and shipment
6.1.The ordered goods will be delivered by shipment to the delivery address the customer provided during order processing.
6.2.If the transport company returns the shipped goods to the MAK because the goods could not be delivered to the customer, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is effectively exercising their cancellation right or if they are not responsible for the circumstance that cause delivery to be impossible.
6.3.If the customer is an entrepreneur, the risk of accidental destruction and accidental deterioration of the goods sold pass to the customer as soon as the MAK has delivered them to the person or company entrusted with carrying out the shipment.
6.4.The MAK reserves the right to rescind the contract if it does not receive correct or proper delivery itself. In the event of unavailability or only partial availability of the goods, the customer will be promptly notified and the payment reimbursed.
6.5.If the customer plans to pick up the goods, the MAK will inform the customer by email once the ordered goods are ready for pickup. The customer can then pick up the goods from the MAK’s place of business after coordination with the seller.
The statutory warranty regulations apply.
In addition, the following applies to entrepreneurs:
•An insignificant defect does not give rise to warranty claims;
•The MAK may choose how to correct the defect; and
•The limitation period does not begin anew when a replacement is delivered as part of the liability for defects.
7.1.If the customer is an entrepreneur, they are subject to the commercial duty of inspection and the duty to give notice of defects within the meaning of section 377 of the Austrian Commercial Code [Unternehmensgesetzbuch, UGB]. If the customer fails to comply with the duties to give notice regulated there, the goods are considered accepted.
The MAK is liable to the customer as follows for all contractual, contract-like and statutory as well as tort claims for damages and reimbursement of expenses as follows:
8.1.The MAK is strictly liable, regardless of the legal grounds, only for intentional misconduct or gross negligence. The MAK’s liability is excluded in all other respects.
8.2.If the MAK negligently violates an essential contractual duty, liability is limited to the typical, foreseeable damage for this type of contract.
8.3.The above liability provisions also apply concerning the MAK’s liability for vicarious agents and legal representatives.
9.Jurisdiction clause and choice of law
The law of the Federal Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods, applies to all legal relations. For consumer, this choice of law only applies if the consumer is not deprived of the protection granted by mandatory provisions of the law in the state where they are domiciled.
If the customer is an entrepreneur, the location of the MAK’s place of business is agreed as the only place of jurisdiction. For consumers, jurisdiction lies at their EU domicile.