General Terms of Business

General Terms of Business regarding mumok Shop at the Museum

1. By visiting the museum and / or purchasing an admission ticket you agree to accept the General Terms of Business for the museum and also the House Rules and Fire Safety Regulations at mumok – Museum moderner Kunst Stiftung Ludwig Wien, in the following mumok.

2. By visiting or buying goods or items from the shop at mumok – Museum moderner Kunst Stiftung Ludwig Wien, in the following mumok Shop, you also accept our General Terms of Business.
 

Validity

The General Terms of Business for the mumok Museum and Shop apply to business relations between visitors and mumok. Whenever an admission ticket is passed on to third parties (as a gift, for example), then the purchaser is obliged to inform any further visitors that the mumok General Terms of Business apply. These Terms are applicable to all contracts between visitors and mumok.

Ticket Categories

• Admission tickets for the day of a museum visit
• Special events in the art education department
• Special events with prior registration
• Cinema tickets

Ticket Prices

The prices stated on the current price lists apply. These prices include all legally required sales tax. mumok reserves the right to apply other prices than stated on price lists (in particular for special exhibitions); these prices are stated on the issued admission tickets. Reduced price tickets can be purchased by individuals falling into one of the groups for whom concessions apply. These groups include school students, students, senior citizens, visitors with special needs, groups of a certain size and upward, people doing military service and alternative civilian service, and mumok cooperation partners. There is no legal right to concessions, and only one ticket per person can be issued. Reduced price tickets are not valid without photo ID proving the right to a concession. In the case of wrongful use of a ticket, mumok has the right to demand the money difference or to ask the visitor to leave the museum. In the latter case, the price of the ticket is not refunded.

Buying Tickets

mumok endeavors to provide the best possible service for ticket purchases to all interested persons. There is, however, no legal right to purchase or reserve one or several tickets for exhibitions or other mumok events. Tickets for mumok exhibitions are available during opening hours at the mumok ticket desks and at the MuseumsQuartier ticket point. mumok reserves the right to refuse to sell tickets either temporarily or in serious instances permanently, in cases when interested persons disturb orderly ticket sales or other visitors to the museum or do not adhere to the museum House Rules or follow instructions given by cash desk or museum personnel.
mumok reserves the right to sell only two tickets per person on the first day of advance sales in cases when exhibitions are in high demand, whereby mumok may decide to apply exceptions to this rule. Ticket payment is in cash, by bank debit card, or by credit card. mumok reserves the right to determine a minimum sum below which payment by credit card will not be accepted.

Return or Substitute Performance for Tickets

Tickets may only be returned or exchanged for a museum ticket voucher. Replacements for lost tickets (however lost) or for tickets that have not been used or only partly been used cannot be made. This applies particularly to late arrivals at events and early cancellation of annual tickets. In these cases, the purchase price cannot be divided and refunded. This also applies to visitors who arrive shortly before closing time and who cannot be admitted to the museum due to high demand for an exhibition or the whole museum, and in particular the temporary closure of certain galleries due to high demand.

Validity of Purchased Tickets

Purchased tickets entitle admission to the museum for one year from the date of issue (example: purchased January 1, 2017, valid until January 1, 2018). The museum may also extend the validity of tickets up until the general limitation period of thirty years from the date of purchase.

Cancellation to or Alteration of Exhibitions, Guided Tours, and Other Events

If an exhibition or an event or tour included in and printed and named on the admission ticket, however advertised or if purchased solely for the named exhibition or event, is replaced by another exhibition or event, or rescheduled or cancelled, then already purchased tickets cannot be refunded by mumok. Admission tickets are valid for all exhibition spaces at mumok open at the time of the visit, irrespective of which exhibitions, tours, or other events are advertised or announced. Tickets can also not be refunded when access to the museum is restricted due to temporary closure of exhibition levels for events or for reasons of preservation at times of prolonged rainfall or heavy snow. mumok expressly reserves the right to close the museum at any time due to weather conditions or events. The rescheduling or cancellation of tours or special events will also not entitle to the return of purchased tickets. In the case of tours booked separately and not included in the museum admission ticket and when the times of these are altered by two hours or more or they are cancelled, then the price paid for the tour may be refunded. Visitors are responsible for checking possible changed times on the day of the tour or event, either in the media or by telephoning mumok.

Data Protection

With the exception of annual tickets, tickets are bought anonymously. mumok also informs purchasers of annual tickets as to their declaration of acceptance for their personal data to be used. In the case of registrations for special events, the relevant declaration of acceptance of the mumok art education department applies.

Tickets for Special Events with Advance Registration

It is possible to cancel advance registration to special events free of charge up to 48 hours before the event begins. Thereafter the full price is charged. This includes Saturday workshops for children, Overpainted Workshops, workshops and art conversations for groups, the Vienna Action, and also individually booked guided tours and workshops (children’s birthday parties). If a mumok event is cancelled, the mumok endeavors to offer an alternative date without prejudice to the validity of tickets. Otherwise a voucher for an event of equal value is provided. Cash returns are not possible.

Tickets for Cinema Presentations

Tickets purchased for the mumok kino can be exchanged prior to the purchased screening for a voucher for another mumok kino screening. If a screening is cancelled after tickets have been purchased, then the ticket holder is entitled to exchange tickets for a voucher for another mumok kino screening. Replacement in cash is not possible.

Buying Goods and Articles in the mumok Shop

All prices for goods and articles are inclusive of statutory sales tax. Statutory warranty and guarantee provisions apply. If certain articles are not in stock customers can ask shop staff if it is possible to place orders.

Return and Exchange of Goods from the mumok Shop

Goods and articles from the mumok Shop may be returned and exchanged for a Shop voucher within 14 days of purchase and upon presentation of the receipt. We only take back and exchange goods and articles that are unused and undamaged and presented at the mumok Shop cash desk. It is not possible to refund monies for purchased goods and articles, and there can be no cash payments for any difference in value between vouchers and purchased goods.

Claims for Damages

Claims for damages by customers, for whatever reason, in particular due to an impossibility to perform the contract, are excluded in so far as they are not based on intent or gross negligence on the part of mumok. This exclusion is not applicable to compensation for damage to persons or to items passed on for further processing or for damages under the terms of the Product Liability Act.

Other Matters

It is prohibited to offer for sale or to sell admission tickets to events in the museum premises. By entering the mumok premises, visitors accept the valid mumok House Rules. A valid admission ticket must be presented to any mumok personnel upon request. In cases of violation of the mumok House Rules, visitors can be asked to leave the exhibition, guided tour, or event. The price of admission is not refunded in this case.


The place of performance is Vienna. Austrian law applies.

For business owners and consumers whose domicile or regular place of residence is not in Austria and who are not employed in Austria, all disputes in connection with this contract, also concerning its formation and termination, must be brought before the relevant Vienna court.

General Terms of Business regarding mumok Onlineshop
 

By placing an order you accept the General Terms of Business of the mumok – Museum moderner Kunst Stiftung Ludwig Wien Online Shop.

By ordering, you accept the General Terms of Business in the version valid at the time of placing the order. Please take care to provide your complete and correct e-mail address on the order form.

Scope of Validity
By ordering from the mumok Online Shop customers enter into a contract concerning goods from the mumok selection, publications, editions, admission tickets, and workshops according to the valid terms of business. The version applies which is valid at the time of the order. Alterations and other conditions are not recognized or require express agreement in writing from mumok. Should any provisions in these General Terms of Business violate existing legal requirements in whole or in part, all other provisions remain unaffected.

Language of the Contract
The contract language is German.

Formation of the Contract
All mumok Online Shop goods represent invitations to customers to make an offer to mumok. By ordering in the mumok Online Shop customers make a binding offer to form a contract with the mumok Online Shop. After placing an order, customers receive confirmation, which is, however, not a confirmation of the order in the sense of an acceptance of the offer, and is rather mere information as to receipt of the order. The contract is then formed when mumok sends the ordered goods to the customer or as soon as entrance and workshop tickets as well as annual tickets and Bundesmuseen Cards  purchased online are sent by e-mail after receipt of payment.

Prices and Terms of Delivery
All prices include legally required sales tax. Business owners with a valid VAT number may not order free of sales tax in the mumok Online Shop, but must contact mumok separately under orders@mumok.at. The offer of goods in the Online Shop is otherwise directed solely at consumers in the sense of consumer protection (Consumer Protection Act, Konsumentenschutzgesetz, KSchG) who have their usual domicile and a delivery address within the EU. Consumers from other countries must contact mumok separately under orders@mumok.at

Prices do not include any customs or tariffs or shipping costs. Printing errors and price alterations are reserved. Should goods not be deliverable after ordering or the sales contract be non-performable, then payments already made are immediately returned and customers are notified expediently by e-mail.

Reduced-price tickets for visiting the museum or for workshops can only be purchased by individuals in the online shop if these persons belong to one of the categories entitled to concessions. There is no legal right to concessions. Reduced-price tickets are invalid without a photo ID or club card that proves entitlement.

Goods are delivered by Austrian post.

Entrance and workshop tickets as well as annual tickets and Bundesmuseen Cards purchased online are sent by e-mail after receipt of payment and must be presented as a printed or mobile ticket on a mobile device. 

Payment
We accept the following forms of payment and credit cards: Visa, Mastercard, American Express, Discover, Dinersclub, UnionPay, PayPal, Apple Pay, Google Pay, Link, BLIK, Bancontact, Giropay, Ideal or instant transfer (EPS). The contract of sale is formed as soon as the booking process has been carried out with a valid credit card or the payment process has been authorized by the credit card company or full payment has been received on the mumok account.

Shipping
Shipping costs for goods, catalogues, and editions are additional and are calculated by weight and volume of each order, and standardized calculation of shipping costs is therefore not possible. Delivery is by post. Customers are informed of any changes before the goods are shipped. Editions and publications are sent in accordance with the specific requirements of the goods.  mumok informs customers in advance as to the shipping costs.

Delivery Times
Orders of goods, catalogues, and editions are processed within three working days. If an article is not available for a longer period, then customers are informed immediately by mumok. The delivery time is dependent on postal services within Europe and may take between two and ten days, while shipping overseas will take c. 14 days. There may be delays in certain cases.

Reservation of Title
Goods, catalogues, and editions remain the property of mumok up to the moment when complete payment is made.

Warranty and Guarantee
Statutory warranty and guarantee provisions apply. mumok reserves the right to agree alternative terms in contracts with private and legal persons outside the scope of application of the Consumer Protection Act.

Data Protection
All customer data (such as name, address, e-mail address, date of birth, and means of payment) provided through queries and orders are used only to process the relevant business and will never be passed on to third parties. Data transfer is via a 128bit SSL code. In addition, customers may subscribe to the mumok Newsletter. We also refer to the “Annual Ticket Declaration of Acceptance,” which customers agree to upon purchasing annual tickets. In order to assert your rights, please contact us in writing at datenschutz@mumok.at.

Right of Withdrawal
Customers may withdraw from contracts according to the provisions of the Act on Off-Premises and Distance Contracts (Fern- und Auswärtsgeschäfte-Gesetz, FAGG) within 14 days without giving reasons, insofar as no exception under 18 FAGG applies.

1. Tickets, specific art education events, workshops, and cinema tickets
In this context, particular attention is drawn to the fact that there is no right of withdrawal for the purchase of tickets valid for specific dates in the mumok Online Shop, in accordance with § 18 section 1 Z 10 FAGG. There is also no right of withdrawal for tickets which are personalized in accordance with § 18 section 1 Z 3 FAGG, that is issued in accordance with customer specifications and personal requirements (annual tickets, Bundesmuseen Cards). The provisions of the Act on Off-Premises and Distance Contracts (Fern- und Auswärtsgeschäfte-Gesetz, FAGG) are only applicable to consumers in the sense of the Consumer Protection Act (Konsumentenschutzgesetz, KSchG).

mumok is entitled to cancel specific art education events or workshops if it becomes evident in advance that a minimum number of 10 persons attending will not be reached. This cancellation will be communicated at the latest 5 days before the event and payment will be refunded.

In the case of a trainer or speaker becoming unavailable, a stand-by may be appointed or a new date may be arranged.

2. Workshop series
All cancellations must be in writing (by e-mail to kunstvermittlung@mumok.at) and are free of charge up to 14 days before the workshop begins. From the 13th to the 6th working day before the workshop we charge 50% of the course fee. Later cancellations or non-attendance incur the full course or workshop fee. It is, however, possible to transfer your place to another person.

There can be no refunds for any hours missed or for leaving workshops prematurely.

mumok can withdraw from the contract when it becomes clear in advance of a booked workshop series that a minimum number of 10 persons will not be reached. This cancellation will be communicated at the latest 5 days before the event and payment will be refunded.

In the case of a trainer becoming unavailable for specific dates, a stand-by may be appointed or a new date may be arranged.

3. Goods, catalogues, and editions
Customers may withdraw from existing distance sales contracts according to the provisions of the Act on Off-Premises and Distance Contracts (Fern- und Auswärtsgeschäfte-Gesetz, FAGG) within 14 days without giving reasons, insofar as no exception under 18 FAGG applies. There is no right to exchange or return reduced-priced goods.

Cancellation Policy

As consumers, customers have the right to withdraw from this contract within 14 days without giving reasons. The permissible withdrawal period is 14 days from the day on which the customer or a third party named by the customer, who are not the forwarders, take possession of the goods, or, in the case of delivery in instalments, the last instalment.

In order to exercise their right of cancellation, customers must clearly (by postal letter, telefax, or e-mail) notify mumok (mumok – Museum moderner Kunst Stiftung Ludwig Wien – mumok Shop, Museumsplatz 1, A-1070 Wien; Fax +43-1-525 00-1300, shop@mumok.at) of their intention to withdraw from the contract. Customers may use the sample cancellation form below, but this is not a prerequisite.

To exercise the right of cancellation, it is sufficient for customers to send their notification of cancellation before the cancellation period expires.

Whenever customers cancel their contract, mumok is required to refund all payments received from them including delivery costs (with the exception of any additional costs that incur should customers have selected an alternative form of delivery to the standard delivery service provided by mumok) without delay and within 14 days of the day on which notification of cancellation is received. To make this refund, mumok uses the same means of payment used by customers for the original transaction, unless an alternative has been expressly agreed with the customer. In no case are customers required to pay fees associated with this refund.

mumok can refuse a refund until the returned goods have been received, or until the customers have proven that they have sent the goods back, depending on which takes place sooner. Customers must return or deliver the goods in person without delay and at the latest within 14 days after notifying mumok of their cancellation, to mumok – Museum moderner Kunst Stiftung Ludwig Wien – mumok Shop, Museumsplatz 1, A-1070 Wien. This time period is deemed met when customers send the goods within the 14 day period.

Customers bear the costs of return shipment of goods.

Without privilege to the right to check the condition, properties, and functionality of the goods, they must be returned to mumok unused and undamaged. Customers will only be required to compensate any loss in value when this loss is attributable to any use of the goods that is not necessary to check their condition, features, and functionality.

Final Provisions on Jurisdiction and Choice of Law

The place of performance and jurisdiction is Vienna. Austrian law applies. If customers are consumers in the sense of the Consumer Protection Act (KSchG), then the responsible court is the court applicable to the place of domicile or place of work of the customers.

mumok reserves the right to amend and update these General Terms of Business at any time, whereby any such amendments are only applicable to future contracts.

Contact

mumok Shop
Museumsplatz 1, A-1070 Wien
Mario Greller
T +43-1-525 00–2353
F +43-1-525 00-1300
shop@mumok.at
Data Protection Officer: Laura Hamid
datenschutz@mumok.at

mumok – Museum moderner Kunst Stiftung Ludwig Wien
Legal status: public scientific institution
Commercial register number: FN 225579i
Commercial register court: Handelsgericht Wien
VATIN: ATU16286908