A. General Terms and Conditions for Products, Admission Tickets, Events, Guided Tours and Workshops
1. scope of application and contracting parties
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all services (admission tickets, events, guided tours, workshops, etc.) 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 web store of Kunstmuseums Luzern or can be ordered by telephone or by sending an e-mail to Kunstmuseums Luzern . Certain terms and conditions apply exclusively to services provided by the Museum. These are shown separately below under B.
The user of these GTC is the owner of Kunstmuseum Luzern, the Kunstgesellschaft Luzern, Europaplatz 1, 6005 Lucerne - hereinafter referred to as the "Museum".
The contractual partner of the user of these GTC is hereinafter referred to as "customer".
By ordering a service or product, the customer expressly agrees to these GTC. Terms and conditions contrary to or deviating from these GTC the customer shall not be recognized unless the Museum has expressly agreed to them in writing.
2. Conclusion of contract
The presentation of services or products in the museum's web store does not constitute an offer to conclude a contract with the customer and is non-binding.
By clicking on the field "Order with costs" (or a comparable field) in the web store the customer and accepting these General Terms and Conditions by clicking on the field "Accept General Terms and Conditions" or by placing an order by telephone or sending a corresponding e-mail, he/she 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 confirmation via e-mail to the customer , a contract between customer and the museum is concluded. 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 contractual relationship for the booking of services or the purchase of products is exclusively between the museum and the customer.
The Museum reserves the right to limit quantities when confirming services or products ordered through the customer.
3. Addresses; delivery
The dispatch of confirmations, invoices, services and products is at the risk of the customer to the e-mail or billing or delivery address provided by the customer. The risk of accidental loss passes to the customer upon handover to the shipping company or shipment to the e-mail provider. A replacement does not take place.
The Museum is entitled to make partial deliveries and provide partial services at any time, provided that these are reasonable 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 will bear the additional shipping costs incurred.
Products available in the store as editions are processed, packaged and shipped individually. Postage and packaging will be determined on a case-by-case basis. The customer will then contact the museum by e-mail email@example.com or by telephone +41 41 226 78 00. The insurance of the art edition is the responsibility of the customer, the associated costs are to be borne by the customer.
If the museum cannot comply with the customer's order - for example because the ordered service or product is no longer available or a supplier does not deliver - the customer will be informed about 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 will refund from customer any consideration already paid. In the case of temporarily unavailable products, the order the customer shall remain in force and the Museum shall 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 indicated by the museum at the time of the order through the customer are decisive. The delivery of products is carried out at the respective shipping costs shown in the shipping costs table, which are to 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 effected by the Museum by the same method 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 apply, which the customer has to pay in addition to the price and shipping costs. These vary in different customs territories. the customer is responsible for the proper 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 claim the customer has been legally established or recognized by the museum. The right of retention the customer exists only if the counterclaim is based on the same contractual relationship.
8. Limitation of liability
Any liability for damages 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 law remains unaffected insofar as the Museum is a "manufacturer" according to Art. 2 of the Product Liability Law.
9. Data protection
The personal data necessary for the business transaction will be processed in strict compliance with the applicable legal provisions in Switzerland and will only be passed on to other companies for order processing. All personal data will be treated confidentially. The Museum is entitled to transfer the personal data to third parties for the purpose of credit checks and credit monitoring as part of a data exchange.
Please note that the museum may also be required to collect, retain and disclose data from customers and visitors due to other legal requirements.
10. Rights of use
The services offered, in particular products, may be protected by copyright. In this case, they are intended only for private, non-commercial use. Any other use may constitute an infringement of copyright, in particular making copies for the purpose of sale or commercial lending, making them available on the internet or on social media, or passing them on or making them available to third parties. Such uses require the permission of the copyright holder, which the customer or any third party must seek itself.
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 customer and the Museum as a whole 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 from the customer is at the registered office of the museum (Lucerne).
B. Special additional terms and conditions for admission tickets, events, guided tours and workshops
1. Purchase via webshop and at the museum ticket office
Admission tickets as well as tickets for events, public tours and workshops 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 firstname.lastname@example.org.
The number of participants for events, public and private tours and workshops is limited.
The event dates contained on the website are without guarantee.
2. Conditions for access to the premises in front of and in the Museum and for holding events, guided tours and workshops
Unique cultural assets are maintained, conveyed and exhibited in the museum. This requires particularly careful behavior from all persons entering and staying in the rooms in front of and in the museum. Therefore, before visiting the museum, please inform yourself about the current special conditions that apply to entering and staying in the museum. In addition, special rules may apply. These are available for inspection in the ticket office area of the museum.
Access to the museum's rooms and participation in events, guided tours and workshops organized by the museum is at the visitor's own risk and peril. This applies in particular to the use of art and craft materials as well as craft tools such as adhesives, paints, scissors, knives, etc. in the context of the workshops offered by the museum.
Accident, theft and liability insurance are the responsibility of visitors or participants. The legal guardians of participating children ensure that the children are already familiar with the materials mentioned and can handle them appropriately, as well as abide by the rules that apply on the premises of the museum.
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 limited to entry on the day of the date printed on it or during a specific period on a specific day. For more information, please visit the museum's website.
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 museum by letter or by e-mail to the tour coordination email@example.com 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 case of cancellation less than 3 working days before the date of the appointment or in case of no-show at the agreed date, the Museum may charge the full price. Decisive for the compliance with the deadline is the receipt by the museum, the proof for this has to be provided by the customer .
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 appears 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.