General Business Conditions

1. Scope

1.1 The e-shop of the Architekturzentrum Wien is offered by:

Architekturzentrum Wien
Central Register of Associations, no. 183225450
1070 Vienna, Museumsplatz 1
Phone +43/1/522 31 15 22
Fax +43/1/522 31 55
E-mail: eshop@azw.at
web: www.azw.at
UID no. ATU 393 46 301

(hereinafter referred to as “we” or “us”)

1.2 All orders placed via our e-shop shall be based only on the following General Business Conditions in the version in force at the time of the order.

1.3 Any conditions of the buyer deviating from our General Business Conditions shall not apply, unless we have expressly consented to them in writing.

1.4 With the placing of an order, you agree to these General Business Conditions and are bound by them.

2. Offers, Conclusion of a Contract

2.1 All offers in or e-shop are nonbinding and shall apply only for so long as supplies last. Our offers are subject to change at any time.

2.2 By clicking the button “buy / order subject to charge”, you conclude with us a binding contract for the purchase of the articles in the shopping basket. You will be forwarded immedi-ately to the payment service provider selected by you to effect payment. We will forthwith con-firm the receipt of your order by e-mail.

2.3 In an additional e-mail, we will inform you that we are shipping the purchased products to you. The invoice will be attached to this e-mail. You consent to receive an electronic invoice.

3. Information on the Right of Withdrawal

If you are consumer in the meaning of the Consumer Protection Act (KSchG), you are entitled to withdraw from the contract concluded with us by way of our e-shop, without giving any rea-sons. The withdrawal period amounts to 14 days from the day on which you or a third party indicated by you, other than a carrier, have or has taken possession of the goods. If you have ordered multiple goods in one order and these goods are delivered separately, the withdrawal period shall commence on the day on which you or a third party indicated by you, other than a carrier, have or has taken possession of the last good.

In order to exercise your right of withdrawal, you must inform us,

Architekturzentrum Wien
1070 Vienna, Museumsplatz 1
Phone +43/1/522 31 15 22
Fax +43/1/522 31 55
E-mail: eshop@azw.at

by way of an unequivocal statement (e.g. a letter sent by mail, fax, or e-mail) setting out your decision to withdraw from this contract. For this purpose, you may use the model withdrawal form attached to the order confirmation, but you are not required to use this form.

For compliance with the withdrawal deadline, it shall suffice if you dispatch the statement re-specting the exercise of the right of withdrawal before the expiry of the withdrawal period.

3.2 Consequences of the withdrawal

If you withdraw from this contract, we shall forthwith, at the latest fourteen days from the day on which we received the statement of your withdrawal from this contract, repay to you all pay-ments received from you, including shipping costs (except additional expenses resulting from you having chosen a different type of shipment than the cheapest standard shipment offered by us). For this repayment, we use the same means of payment used by you in connection with the original transaction, unless expressly agreed otherwise with you; in no case shall we charge you on account of this repayment.

We shall be entitled to refuse repayment until we have received the goods back, or until you have provided proof of having shipped the goods back to us, depending on which event shall occur earlier.

You shall forthwith, and in any event not later than 14 days from the day you have communicat-ed to us your withdrawal of this contract, send the goods back, or deliver them, to us. The dead-line shall be met if you send back the goods before the period of 14 days has expired.

You shall bear the direct costs of returning the goods. The costs are estimated to amount to no more than approximately the amounts set out in item 4.3.

You shall be liable for any diminished value of the goods only then if same results from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

3.3 Exceptions from the right of withdrawal

You have no right to withdraw from distance contracts regarding

• the supply of goods made to customer specifications or clearly personalized,
• the supply of goods which are liable to deteriorate or expire rapidly,
• the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
• the supply of audio or video recordings or computer software delivered in sealed packag-ing which were unsealed after delivery,
• the supply of newspapers, periodicals, or magazines with the exception of subscription contracts for the supply of such publications,
• services provided in connection with leisure activities, if a certain time or period of time has been contractually provided respectively for the performance of the contract by the trader. Therefore, there exists no right of withdrawal with respect to tickets to exhibi-tions, events, and workshops at an exactly defined time or within an exactly defined time period,
• the supply of digital content which is not stored on a tangible medium if we commenced the supply with your express consent – connected with your having taken notice of the loss of the right of withdrawal in case of early commencement of performance of the contract, and following making available a confirmation in this regards – still before the expiry of the withdrawal deadline.

4. Prices

4.1 All prices are indicated including value-added tax, plus shipping costs and any import or export taxes.

4.2 The purchase price indicated on our website at the time of the order shall be deemed to be the agreed purchase price for the ordered goods. In case of spelling and/or calculation mistakes, we shall be entitled to rescind the contract.

4.3 The following amounts (not including custom duty or other taxes) are presently charged as all-inclusive costs of shipping and packaging (tariffs in EUR):

Shipping costs in € including 10 % VAT

domestic Austria
up to 1 kg regular (approximately 2–3 working days) 8.00
up to 2 kg regular (approximately 2–3 working days) 9.00
up to 4 kg regular (approximately 1–2 working days) 12.00
up to 10 kg regular (approximately 1–2 working days) 18.00
up to 31.5 kg regular (approximately 1–2 working days) 26.00

European Union, Zone 1a | European Union, Zone 1b | remaining Europe, Zone 2
up to 1 kg regular (approximately 5–11 working days) 17.00 | 18.00 | 18.00
up to 2 kg regular (approximately 5–11 working days) 18.00 | 19.00 | 19.00
up to 4 kg regular (approximately 4–6 working days) 22.00 | 25.00 | 25.00
up to 10 kg regular (approximately 4–6 working days) 28.00 | 29.00 | 38.00
up to 20 kg regular (approximately 4–6 working days) 38.00 | 45.00 | 60.00
up to 31.5 kg regular (approximately 21 working days) 49.00 | 56.00 | 82.00

Rest of the world
Zone 3 | Zone 4 | Zone 5
up to 1 kg regular (approximately 5–11 working days) 23.00 | 27.00 | 30.00
up to 2 kg regular (approximately 5–11 working days) 25.00 | 28.00 | 32.00
up to 4 kg regular (approximately 4–6 working days) 31.00 | 37.00 | 48.00
up to 10 kg regular (approximately 4–6 working days) 51.00 | 62.00 | 96.00
up to 20 kg regular (approximately 4–6 working days) 85.00 | 119.00 | 164.00
up to 31.5 kg regular (approximately 21 working days) 119.00 | 175.00 | 232.00

Zone 1a = Germany etc.
Zone 1b = France etc.
Zone 2 = Great Britain, Northern Ireland etc.
Zone 3 = Western Asia, Africa, Canada, US
Zone 4 = Africa, Central and South America, South/East Asia
Zone 5 = Australia

5. Delivery

5.1 All deliveries shall be effected Ex Works (1070 Vienna, Museumsplatz 1).

5.2 The goods will be shipped to the delivery address indicated by the customer.

5.3 We shall be entitled, to a reasonable extent, to effect partial deliveries.

5.4 Should we be unable to effect delivery within the delivery times indicated on our website – for example due to a delay with one of our suppliers – we will immediately inform you thereof. Your rights remain unaffected thereby.

5.5 In the case of nonacceptance of ordered goods, we shall be entitled to demand reimburse-ment of the additional expense occasioned thereby, such as, for example, frustrated shipping costs, etc.

5.6 In the event that a product cannot be supplied, in particular because the supplier does not deliver the goods ordered to us despite a contractual obligation, then we shall be entitled to re-scind the contract. In this event we will inform you that the product ordered is not available. We will forthwith refund payments already made to you.

6. Passing of the risk of accidental loss

6.1 If you are consumer in the meaning of the Consumer Protection Act, the risk of accidental damage to or loss of the goods shall pass to you upon delivery of the purchased goods to you. If you are a trader, the risk of accidental damage to or loss of the goods shall pass to you upon delivery of the purchased goods to the third party carrier.

7. Payment methods, time of payment, payment, default

7.1 The payment methods accepted by us are indicated in the e-shop. You may choose among them in the course of the order process. The purchase price together with taxes and shipping costs is due immediately upon conclusion of the contract.

7.2 If you are in default of payment, we shall be entitled to demand default interest at the ap-plicable statutory rate. In addition, you shall reimburse to us all appropriate, reasonable and nec-essary costs arising for the work of collection agencies and/or lawyers. With respect to an in-volved collection agency, the costs to be reimbursed shall amount at most to the compensation provided by the regulation of the Federal Minister for Economic Affairs respecting the maxi-mum rates of compensation due to collection agencies, Federal Gazette (BGBl) No. 141/1995, as amended. With respect to an involved lawyer, the costs to be reimbursed shall amount at most to the amounts provided by the Allgemeinen Honorarkriterien (AHK – General Fee Criteria) of lawyers dated 10. October 2005 as amended, and from the Rechtsanwaltstarifgesetz (Tariff of Lawyers’ Fees Act), BGBl No. 189/1969, as amended. These laws may be retrived in the inter-net under www.oerak.at.

8. Reservation of title

8.1 Ownership title to the goods delivered shall remain with us until payment in full of all ex-isting claims arising from the purchase contract.

9. Warranty and Liability

9.1 The liability for any defects of the purchased good is governed by the legal warranty pro-visions.

9.2 We shall be liable for damage claims of any kind only in case of intentional or grossly negligent conduct. This shall not apply to liability for personal damage and pursuant to the Product Liability Act. To the extent permitted by law, liability for consequential damages, indi-rect damages and lost profits shall be excluded.

9.3 We shall not be liable for the content of the purchase good, in particular the formal or sub-stantive correctness and legality of the statements, texts, pictures, sound carriers, instructions, etc., contained therein.

9.4 We shall not assume any liability for technical difficulties in connection with the operation of the e-shop. Further, we reserve the right to cease operation at any time, this however, without prejudice to proper processing of any contracts already concluded.

10. Third party rights (Copyright)

10.1 You take notice of the fact that third party rights, in particular copyrights and other intel-lectual property rights, exist with respect to the purchased goods. You undertake to use the pur-chased goods only within the scope of what is permitted contractually and/or according to law, and to strictly comply with any license conditions. This shall apply in particular to visual art and literary works and to image and/or sound carriers.

11. Set-off of claims

11.1 You may set off against our claims only own claims standing in a legal relationship with your liability, claims which have been determined by a court or recognized by us, or in the event of our inability to pay. If you are a trader in the meaning of the Consumer Protection Act, the following shall apply, deviating from the preceding sentence: Any set-off against our claims shall be excluded.

12. Language of the contract, mediation of disputes, applicable law, venue

12.1 The language of the contract shall be German. Versions of these business conditions shall serve only for orientation purposes. Only the German language version shall govern.

12.2 The text of the contract will not be saved. We recommend that you archive these General Business Conditions and the order confirmation.

12.3 If individual provisions of these business conditions shall be or become invalid and/or shall contradict legal provisions, then this shall not affect the validity of the remaining provi-sions. The invalid provision shall be replaced, with the mutual consent of the parties, with such legally valid provision approximating as closely as possible the commercial meaning and pur-pose of the invalid provision. The foregoing provisions shall apply correspondingly in case of gaps in the agreement.

12.4 The mediation offices competent for our e-shop for consumers are:

c/o Österreichisches Institut für angewandte Telekommunikation (ÖIT)
Ungargasse 64-66/3/404
1030 Vienna
Phone +43/1/595 21 12 75
E-mail: kontakt@ombudsmann.at

Verein “Schlichtung für Verbrauchergeschäfte”
Mariahilfer Straße 103/1/18, 1060 Vienna
Phone +43/1/890 63 11
E-mail: office@verbraucherschlichtung.at

We decide in an individual case whether to participate in a mediation.

12.5 The European Commission has set up a platform for online dispute mediation for con-sumers, which you may find under the address https://ec.europa.eu/odr.

12.6 This agreement shall be subject exclusively to Austrian law, to the exclusion of the UN law on the sale of goods and of international provisions selecting the proper law of the contract, if these refer to law other than Austrian law.

12.7 Place of performance shall be our seat. The respective court with subject matter jurisdic-tion at our seat shall have exclusive jurisdiction with respect to any dispute arising from this agreement, including the question of its valid formation and its termination. If you are a con-sumer in the meaning of the Consumer Protection Act, then, in deviation from the preceding sentence, you may be sued only in front of the courts in whose judicial district you have your domicile, habitual residence or place of employment.