A. General Terms and Conditions for Products, Admission Tickets and Guided Tours
1. scope of application and contracting parties
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all services (admission tickets, guided tours) of the Museum as well as to products (e.g. books, posters, etc.), hereinafter referred to as "services" or "products" or individually as "service" or "product"), which are sold via the Kunstmuseum Luzern webshop or can be ordered by telephone or by sending an e-mail to the Kunstmuseum Luzern. Certain conditions apply exclusively to services provided by the Museum. These are shown separately below under B.
The user of these GTC is the sponsor of the Museum of Art Lucerne, the Lucerne Art Society, Europaplatz 1, 6005 Lucerne - hereinafter referred to as the "Museum".
The contractual partner of the user of these GTC is hereinafter referred to as the "customer".
By ordering a service or product, the customer expressly agrees to these GTC. Terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised unless the Museum has expressly agreed to them in writing.
2. conclusion of contract
The presentation of the services or products in the web shop by the Museum does not constitute an offer to conclude a contract with the customer and is non-binding.
The contractual relationship for the booking of services or the purchase of products is exclusively between the museum and the customer.
By clicking on the field "Order with costs" (or a comparable field) in the web shop and accepting these GTC by clicking on the field "Accept GTC" or by placing an order by telephone or sending a corresponding e-mail, the customer concludes his/her order and submits an offer to the Museum to conclude a contract for the purchase of the desired service or product.
Only when the museum accepts this offer by confirming it to the customer by e-mail is a contract concluded between the customer and the museum. The booking or order is thus binding for the customer. The customer must check the museum's communication for obvious spelling and calculation errors and for discrepancies between the order and the confirmation. The museum must be informed immediately of any discrepancies.
By placing an order, the customer commissions the museum to process the corresponding contract.
The Museum reserves the right to limit quantities.
3. addresses; delivery
The dispatch of confirmations, invoices, services and products shall be at the risk of the customer to the e-mail, invoice or delivery address provided by him/her. The risk of accidental loss shall pass to the customer upon handover to the shipping company or dispatch to the e-mail provider. There will be no replacement.
The Museum is entitled to make partial deliveries and provide partial services at any time, provided that these are reasonable for the customer. If the Museum makes partial deliveries, it shall bear the additional postage costs.
If the delivery is redelivered due to incorrect address information, the customer shall bear the additional shipping costs incurred.
Art editions are individually processed, packaged and shipped. Postage and packaging are determined on a case-by-case basis. The customer will then contact the museum by e-mail firstname.lastname@example.org or by telephone +41 41 226 78 00. Insurance of the art edition is the responsibility of the customer, and the associated costs are to be borne by the customer.
If the Museum is unable to fulfil the customer's order - for example, because the service or product ordered is no longer available or a supplier fails to deliver - the customer will be informed of the unavailability or the rejection of the order instead of the acceptance of the order, or the Museum is entitled to withdraw from the contract. In such a case, the Museum will inform the customer immediately and refund any payments already made by the customer. In the case of products that are temporarily unavailable, the customer's order remains valid and the museum will deliver as soon as this is possible again.
All delivery periods or delivery dates communicated in the web shop, by e-mail or verbally are non-binding.
4. prices and payment
The prices valid at the time of the order by the customer and indicated by the museum are decisive. Products are delivered at the shipping costs shown in the shipping costs table, which must be paid by the customer in addition to the price.
The price for services or products and the shipping costs are due for payment upon conclusion of the contract. Online payments with common cards and online payment systems are accepted. The contract and invoice currency is Swiss francs (CHF).
Refunds to customers may be made by the Museum using the same method as that used for payment.
For deliveries within Switzerland, the price shown includes the applicable statutory value added tax.
When shipping to other countries, the delivery price is reduced by the Swiss VAT included in the price shown.
5. retention of title
Until receipt of all payments under the contract, the delivered goods remain the property of the Museum. If the customer defaults on payment, the museum is entitled to withdraw from the contract and reclaim the goods.
6. additional costs for shipping abroad
When shipping to countries outside of Switzerland, import duties may be incurred, which the customer must pay in addition to the price and shipping costs. These vary in different customs areas. The customer is responsible for the correct declaration and for the payment of such import duties.
7. offsetting or retention by the customer
Offsetting by the customer is only permitted if the customer's claim has been legally established or recognised by the Museum. The customer shall only have a right of retention if the counterclaim is based on the same contractual relationship.
8. limitation of liability
Any liability for damages incurred by the customer when using the services mentioned here (this includes in particular visiting the exhibition venues, booking and participating in guided tours and events) is excluded.
This limitation of liability does not apply:
a) in the event of damage resulting from injury to life, limb or health due to a negligent breach of duty by the user or an intentional or negligent breach of duty by a vicarious agent.
b) in the case of other damage caused by a grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by a vicarious agent.
The Museum shall not be liable for indirect damage and loss of profit. Liability under product liability remains unaffected.
9. data protection
The data necessary for the business transaction is stored in Switzerland in strict compliance with the applicable legal provisions and is only passed on to other companies for order processing. All personal data will be treated confidentially. The Museum is entitled to transmit the personal data to third parties for the purpose of credit checks and credit monitoring within the framework of a data exchange.
If the customer has opened an online customer account, his/her own user information can be viewed and edited at any time in the protected area of the website after logging in. Further information on data protection can be found in the data protection regulations on the Museum's website.
Please note that the museum may also be required by law to collect, retain and disclose data from customers and visitors.
10. rights of use
The services offered, in particular products, may be protected by copyright. In this case, they are intended for private, non-commercial use only. Any other use may constitute an infringement of copyright, in particular the making of copies for the purpose of sale, commercial lending, public broadcasting or passing on or transfer to third parties. Such uses require the permission of the copyright holder, which the client or any third party must seek themselves.
11 Final clauses, applicable law and place of jurisdiction
The Museum reserves the right to amend these General Terms and Conditions at any time without stating reasons, whereby the amendment shall only apply to future contracts.
Should individual provisions be or become void or ineffective, this shall not affect the validity of the contract between the customer and the Museum or the validity of the remaining GTC provisions.
Swiss substantive law, in particular the Swiss Code of Obligations (OR), shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The sole place of performance for delivery, service and payment is Lucerne.
The place of jurisdiction for all disputes in connection with orders placed by the customer shall be at the Museum's registered office (Lucerne).
B. Special additional terms and conditions for admission tickets and guided tours
1. purchase via webshop and at the museum ticket office
Admission tickets as well as tickets for public guided tours can be purchased on site at the museum's ticket office or via the webshop.
Private tours cannot be booked and paid for in the webshop and require a written request to email@example.com.
The number of participants for public tours is limited.
The event dates contained on the website are without guarantee.
2. conditions for admission to the museum and for conducting private and public guided tours.
Unique cultural assets are cared for, conveyed and exhibited in the museum. This requires particularly careful behaviour from all persons entering and staying in the museum. Before visiting the museum, the visitor should therefore inform him/herself about the current special conditions that apply to entry to and stay in the museum. In addition, special rules may apply.
Access to the museum and participation in events organised by the museum is at your own risk. Insurance is the responsibility of the visitor or participant.
Tickets are sent by e-mail as print@home tickets in PDF format. The ticket entitles the holder to enter the exhibition during the exhibition period, but may also be restricted to entry on the day of the date printed on it or during a specific period on a specific day. Visitors should consult the museum's website for more information.
No admission can be granted without a valid ticket. The ticket loses its validity when leaving the museum. Re-entry into the museum is only possible after consultation with the responsible persons at the entrance control.
Only tickets that can be scanned entitle the holder to admission (printed or digital). The booking confirmation alone does not count as a ticket. At the ticket control, the ticket is checked by means of a scanner.
A refund of purchased tickets is not possible. Lost or stolen tickets cannot be replaced.
For discounted tickets, the valid ID required for the discount must be presented without being asked. Discounted tickets without valid identification documents are invalid.
Cancellation of admission tickets is not possible. Likewise, the refund of the price paid for them is excluded.
4. guided tours
A booked private guided tour can only be cancelled in writing (by e-mail or letter). Cancellation is free of charge if it is received by the tour coordinator firstname.lastname@example.org or by letter at the museum up to 3 working days before the tour date. In this case, the invoice amount attributable to the cancelled service will be refunded in full. In the event of cancellation less than 3 working days before the date of the tour or in the event of non-appearance at the agreed date, the museum may charge the full price. The date of receipt by the museum is decisive for compliance with the deadline; the customer must provide proof of this.
Cancellation is only possible with regard to the entire guided tour; in the event of a reduced number of participants, the agreed fee for the guided tour shall apply.
No liability is assumed for a tour cancellation due to force majeure or similar. A postponement of the guided tour by the museum by up to 20 minutes does not entitle to a reduction of the fee.
If the customer arrives more than 20 minutes late for the agreed guided tour, the museum is no longer obliged to carry out the tour. If the tour is nevertheless carried out, the museum reserves the right to shorten the tour accordingly. If the museum decides that the tour will not take place after a delay of more than 20 minutes, the customer has no right to a refund.