General terms and conditions of business
of LightCyde New Media Solutions GmbH (via platform www.discover-culture.com) for consumers ("Customers")
1. validity and basis
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between the Customer and LightCyde New Media Solutions GmbH. They apply in particular to the purchase of tickets for the use of the digital tours of the discover-culture.com platform by the customer as well as associated services (e.g. audio guides, video guides, insights into digitised books and manuscripts, etc.) and to access to videos and livestreams. Further information about LightCyde New Media Solutions GmbH, in particular our contact details, can be found under "Imprint" on the above website.
1.2 "Customers" are exclusively consumers within the meaning of the Consumer Protection Act (hereinafter "KSchG"). At present, LightCyde New Media Solutions GmbH does not contract with entrepreneurs in connection with the discover-culture.com platform and will bring separate terms and conditions to the attention of the contractual partner in the event of the conclusion of a contract with an entrepreneur.
1.3 Offers, deliveries and services by LightCyde New Media Solutions GmbH (via the discover-culture.com platform) are made exclusively on the basis of these GTC. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not apply unless LightCyde New Media Solutions GmbH agrees to their validity in writing. Customers may have the option to use services of business partners. In these cases, a separate contract is concluded between the customer and the business partner, which may be based on special conditions.
1.4 The version of the GTC valid at the time of the conclusion of the contract is authoritative. These GTC also apply as a framework agreement for all further legal transactions between the customer and LightCyde New Media Solutions GmbH.
1.5 LightCyde New Media Solutions GmbH reserves the right to change the contents of the GTC at any time. The amended GTC shall then apply to all future legal transactions.
1.6 It cannot be excluded that contents of cultural institutions are shown which are exclusively intended for persons of legal age. Therefore, by submitting the offer to conclude a contract, the customer confirms that he/she is already of age and has read and taken note of the GTC explained here. In the case of minors, the consent of a parent or legal guardian must be given for the conclusion of a subscription contract.
2. ticket prices
2.1 The prices stated by LightCyde New Media Solutions GmbH on the website are in euros and include both the statutory value added tax and all other statutory charges.
2.2 Prices are subject to change at any time, and the user of the digital tour, video or livestream will be charged the price in effect at the time of purchase.
2.3 In the case of discount promotions, it is not possible to exchange tickets already purchased for tickets from the discount promotion.
3. conclusion of contract
3.1 The product descriptions contained on the website do not constitute binding offers on the part of LightCyde New Media Solutions GmbH. Likewise, price and date information for services provided by LightCyde New Media Solutions GmbH by telephone or e-mail do not constitute a binding offer.
3.2 Tickets for the digital tours, videos and livestreams can be purchased via the website www.discover-culture.com. The customer will be asked to create a user account. This is done by providing a valid email address, selecting a password and completing the customer profile. As soon as the customer has placed the selected goods and/or services in the virtual shopping cart and has gone through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button "Order with obligation to pay" which concludes the ordering process.
3.4 Before sending the order, the data can be viewed again and corrected.
3.5 LightCyde New Media Solutions GmbH confirms receipt of the contract offer by means of an order confirmation sent by e-mail to the e-mail address provided by the customer. The contract for the purchase of a ticket is only effectively concluded through the transmission of the order confirmation by e-mail. 3.6 Offers, discounts and promotions can only be combined with each other if this is expressly stated.
4.1 Payment is made via PayPal or credit card payment. PayPal supports credit card and prepayment as payment modality.
4.2 When paying via PayPal, the customer will be redirected to the PayPal registration page via a direct link when selecting the button "Order with costs". LightCyde New Media Solutions GmbH will initially reserve the payment. After transmission of the order confirmation by LightCyde New Media Solutions GmbH, the customer will receive the access data for the digital tour by e-mail. At the same time, LightCyde New Media Solutions GmbH will finally collect the reserved payment.
4.3 The customer is hereby informed that for payments via PayPal the contractual conditions of PayPal are to be observed.
4.4 In the case of direct payment by credit card, the credit card details must be entered and the ordering process completed by selecting the "Order subject to charge" button. The customer is hereby informed that for payments by credit card, the contractual conditions of the respective provider must be observed.
5. special provisions for the purchase of vouchers
5.1 When purchasing a voucher, the customer must first enter the value of the voucher, the voucher recipient and a dedication. In all other respects, the provisions set out under point 3 and point 4 shall apply to the conclusion of the contract and payment.
5.2 Vouchers and remaining credit balances of vouchers are valid and redeemable until the end of the fifth year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
5.3 Vouchers cannot be used for the purchase of further vouchers.
5.4 The credit balance of a voucher is neither paid out in cash nor does it earn interest.
5.5 Only one voucher is redeemable per order. It is not possible to combine vouchers with promotional vouchers or other vouchers.
5.6 Vouchers are not transferable and may not be sold.
5.7 The issuance of a goodwill voucher is without prejudice to the factual and legal situation and purely in the sense of customer satisfaction. From the issuance of a goodwill voucher, no rights, obligations or claims beyond the redemption of such a voucher can be derived. Goodwill vouchers are valid for six months from the date of issue by LightCyde New Media Solutions GmbH.
6.1 Upon conclusion of a subscription, access to all digital tours covered by the subscription shall exist for an indefinite period until the subscription is validly terminated.
6.2 The subscription fee will be debited from the customer's chosen payment method on the specific billing date.
6.3 Subscription access data may not be shared with third parties. If the customer violates this provision, the use of the digital tours may be terminated or restricted.
6.4 The customer may terminate his subscription at any time subject to a notice period of 2 months. The termination date is the last day of the month.
6.5 In order to exercise his right of termination, the customer must inform LightCyde New Media Solutions GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) that the customer wishes to terminate the contract. 6.6 The customer will receive confirmation by email and will be informed when the subscription is terminated and access to the digital tours and other services of LightCyde New Media Solutions GmbH via the platform www.discoverculture. com is closed.
7. delivery conditions and delivery periods
7.1 The offers of LightCyde New Media Solutions GmbH via the platform www.discover-culture.com are open to all customers worldwide. 7.2 The delivery times listed on the website apply.
8.1 The purchase of a video or a digital tour entitles the customer - if no subscription has been booked - to use the product for one year. The period begins 14 days after confirmation by the operator. Tickets purchased online are therefore valid for one year, 14 days from receipt of the access data. If the customer immediately requests the provision of services by Lightcyde New Media Solution GmbH, waiving the possibility of revocation, the one-year period begins to run immediately.
8.2 The purchase of livestreams applies in each case to the concretely selected product, i.e. for the concretely booked day/time. Even if in many cases the livestream will be made available as a video after the live event, the customer has no claim to the provision and activation of a corresponding video on it.
8.3 When taking out a subscription, the customer is permanently entitled to access all products covered by the subscription. Access is unlimited for the duration of the subscription. Unless otherwise agreed, subscriptions are valid for a period of one year.
8.4 Tickets for digital tours, livestreams and videos are not transferable. This also applies to subscriptions.
8.5 Although only the most modern 360-degree and 3D technology is used, it cannot be ruled out that the use of the technology (just as with other screen applications) can lead to dizziness, convulsions, blackouts, nausea, visual disturbances, eye pain, orientation and consciousness disturbances, headaches and even epileptic seizures. If corresponding pre-existing conditions are known, the use of the technology is not recommended. If such symptoms occur during use, it is strongly advised against further use of the technology.
8.6 The digital tours are offered in 4K quality. However, the display quality of the 360-degree tour may vary depending on the device and is dependent on various factors, such as the location, the available bandwidth and/or the speed of the customer's internet connection. The image quality depends on the customer's internet service and device. For optimal picture quality, a download speed of at least 30 Mbps is recommended. Customer is responsible for all fees associated with Internet access. For more information on any data usage charges, the customer must contact the Internet service provider.
8.7 LightCyde New Media Solutions GmbH is not liable for services outside its own sphere of influence, in particular not for the non-availability of services due to Internet disruptions.
8.8 For quality assurance purposes, LightCyde New Media Solutions GmbH reserves the right to shut down the service for a limited period of time if this is necessary for maintenance purposes. The change or closure of certain functionalities with or without notice is also possible.
8.9 LightCyde New Media Solutions GmbH reserves the right to discontinue certain products temporarily or permanently. Even if the customer could not view the purchased product for the full term, there is no claim to (partial) return of the purchase price, as long as the product was available online for at least 15 days, as far as legally required, however, for a maximum of 6 months and the product must be removed from the platform for legal or corporate strategic reasons.
9 Right of withdrawal of the customer
9.1 Existence and exercise of the right of revocation / revocation instruction
9.1.1 As a consumer, the Customer has the right to revoke the contract within fourteen days and without stating reasons in the case of contracts concluded outside business premises and in the case of distance contracts. Contracts concluded with regard to live streams can be revoked under the conditions of § 18 para. 1 no. 11 FAGG until the start of the live stream, provided that the 14-day revocation period has not already expired by then.
9.1.2 There shall be no right of withdrawal in the cases provided for in Section 18 of the FAGG, which in this specific case concerns in particular contracts for the supply of digital content not stored on a physical data carrier, if the trader - with the express consent of the consumer, together with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement of performance of the contract, and after providing a copy or the confirmation in accordance with Section 5(2) or Section 7(3) of the FAGG - has commenced delivery before the expiry of the withdrawal period in accordance with Section 11 of the FAGG. Pursuant to section 7(3) FAGG, the customer shall be provided with a confirmation of the concluded contract on a durable medium (e.g. e-mail) together with the information specified in section 4(1) FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the commencement of the performance of the service, unless this information has already been provided on a durable medium. The confirmation of the contract shall in any case contain a confirmation of the consent to the immediate performance of the service and the customer's acknowledgement of the thereby effected lapse of the right of withdrawal (right of cancellation). Accordingly, the right of withdrawal is excluded if the customer begins to use the access to the digital tour before the expiry of the 14-day withdrawal period, the customer has agreed to the early performance of the contract and the contract confirmation was sent to the customer by e-mail.
9.1.3 The revocation period for service contracts and contracts for the delivery of digital content that is not delivered on a physical data carrier begins on the day the contract is concluded. 9.1.4 In order to exercise the right of withdrawal, the customer must inform LightCyde New Media Solutions GmbH by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) that the customer wishes to withdraw from the contract. For the exercise of the right of revocation, the statutory revocation form is provided in an attachment to the Terms and Conditions. The customer may declare his revocation with the aid of this form, but compliance with this form is not mandatory. In order to comply with the withdrawal period, it is sufficient that the customer sends his notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.2 Obligations of LightCyde New Media Solutions GmbH after exercising the right of withdrawal
9.2.1 If the customer revokes this contract in compliance with these GTC, LightCyde New Media Solutions GmbH must repay all payments that LightCyde New Media Solutions GmbH has received from the customer immediately and at the latest within fourteen calendar days from the day on which LightCyde New Media Solutions GmbH received the notice of revocation. 9.2.2 LightCyde New Media Solutions GmbH will use the same means of payment for the repayment that the customer used for the original transaction. Under no circumstances will the customer be charged for this repayment.
10. compensation and impossibility
10.1 The customer is only entitled to claims for damages against LightCyde New Media Solutions GmbH in connection with the use of the digital tours and in connection with legal transactions with LightCyde New Media Solutions GmbH via the platform www.discover-culture.com only if and insofar as the damage was caused by the offer, which LightCyde New Media Solutions GmbH or a person for whom LightCyde New Media Solutions GmbH is liable according to § 1313a or § 1315 ABGB and (a) it is a culpably caused damage to the person of the customer; or (b) the damage was caused by gross negligence.
10.2 LightCyde New Media Solutions GmbH will in particular not pay any compensation for health impairments and property damage due to uncontrolled body movements and falls during the digital tour, live stream and consumption of a video.
10.3 LightCyde New Media Solutions GmbH shall be released from all obligations to provide deliveries and services if the provision of the delivery or service becomes temporarily or permanently impossible or prohibited, in whole or in part, due to force majeure or other unforeseen obstacles beyond the control of LightCyde New Media Solutions GmbH.
10.4 In such a case, LightCyde New Media Solutions GmbH will inform the customer accordingly and is entitled to withdraw from the contract in whole or in part, whereby claims for damages resulting from the withdrawal are excluded.
10.5 In the event of non-performance by LightCyde New Media Solutions GmbH due to force majeure, the withdrawal from the contract and the reclaiming of the paid amount by the customer is excluded if the customer has already viewed or used more than half of the livestream, video or digital tour.
10.6 LightCyde New Media Solutions GmbH is not liable for temporary failures or unavailability of the digital copy due to force majeure.
11 Transfer of risk and warranty
11.1 LightCyde New Media Solutions GmbH warrants the goods to be free of defects at the time of delivery in accordance with the statutory provisions, whereby the statutory periods apply to the assertion of warranty claims.
11.2 The risk of accidental loss and accidental deterioration of the sold goods/services shall, in the event of their dispatch, in principle only pass to the customer or a person authorised to receive them upon handover of the goods (i.e. provision of the access data for the digital tours). Tickets and vouchers are not sent physically, but are made available by e-mail or as a download.
12. references and links
12.1 Should the website contain references and links to external sites, LightCyde New Media Solutions GmbH does not identify with their content. Liability on the part of LightCyde New Media Solutions GmbH for linked pages exists only in accordance with § 17 ECG. Should illegal content be detected on a linked page, LightCyde New Media Solutions GmbH requests notification. After verification, the link will be deleted by LightCyde New Media Solutions GmbH.
12.2 References and links leading to the website of www.discover-culture.com are only permitted with the express written consent of LightCyde New Media Solutions GmbH.
13.1 All products offered to LightCyde New Media Solutions GmbH are legally protected by copyright, trademark and other industrial property rights. The purchase of a ticket is exclusively associated with the right for personal use (private viewing or listening to the digitized content) in private rooms. LightCyde New Media Solutions GmbH reserves all rights (in particular trademark rights and copyrights) to the entire content of the website of www.discover-culture.com, in particular to logos, texts, videos, graphics, layouts, trademarks, photographs, images, the digital tour, works of art and music. Any use of the contents of the website of www.discover-culture.com beyond private use (listening/viewing) in private rooms (storage, processing, duplication, etc.) is prohibited, unless Lightcyde New Media Solutions GmbH has given its express consent to the use and unless such use is compulsorily permitted by legal regulations.
13.2 The sublicensing or passing on of products or the passing on of access data (access data must be kept secret) or the access possibility is not permitted to the customer subject to deviating mandatory legal rules. In addition, the customer is prohibited from creating works that are based in whole or in part on the intellectual property of LightCyde New Media Solutions GmbH.
13.3 All Digital Tour content, including but not limited to 3D scans, 360-degree videos, audio files, digitized books or manuscripts, audiovisual content, and other content, is for personal and non-commercial use only and may not be shared with persons not living in the same household. [In case of subscription: In the case of subscription, there is a permanent right of use for the duration of the subscription]. Other than that, no right, title or interest is transferred to the customer. The customer expressly agrees not to use access to the digital tour for public screenings either.
13.4 In particular, the customer is expressly prohibited from archiving, reproducing, distributing, modifying, altering, publicly presenting, publishing, licensing, creating derivative works from, offering for sale or renting out content and information provided by or through LightCyde New Media Solutions GmbH. This excludes the creation of screenshots for private purposes.
13.5 The Customer is entitled to use the Service on multiple devices. However, it is excluded to use the service from multiple devices at the same time.
13.6 Violation of one or more of these provisions may lead to claims for damages, among other things, and may also have criminal consequences.
14 Data use and protection
14.1 The customer agrees to the processing of the personal data provided in the course of an ordering process by LightCyde New Media Solutions GmbH. This data may be used by LightCyde New Media Solutions GmbH for the processing of contracts with the customer (processing of customer orders, processing of the payment process and clarification of any queries) and may also be stored permanently beyond the individual order with regard to future contract processing.
14.2 The customer is entitled to request information from LightCyde New Media Solutions GmbH about the data stored about him and to request its deletion.
14.3 When paying with PayPal, the customer's data is automatically transmitted to PayPal. The customer agrees to the transmission of personal data required for payment processing.
14.4 PayPal may share personal data with affiliated companies and service providers or subcontractors to the extent necessary to fulfil its contractual obligations or to process the data on its behalf. The customer has the possibility to revoke the consent to the handling of personal data at any time vis-à-vis PayPal. A revocation does not affect personal data that must be processed, used or transmitted for (contractual) payment processing.
15 Choice of law, contractual language and place of performance
15.1 Austrian law shall apply with the exception of the conflict-of-law rules of private international law. The applicability of the UN Convention on Contracts for the International Sale of Goods, as well as all provisions relating to the UN Convention on Contracts for the International Sale of Goods, are expressly excluded. The mandatory provisions of the consumer state law remain applicable.
15.2 The contractual and business language is German.
15.3 The place of performance is the registered office of LightCyde New Media Solutions GmbH.
16. final provisions
The invalidity of individual provisions of these GTC or their components shall not affect the validity of the remaining provisions.