General terms and conditions of business

of LightCyde New Media Solutions GmbH (via platform www.discover-culture.com) for consumers

Status 23.03.2020

 

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 digital copies of books and manuscripts, etc.).

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.

1.4 The version valid at the time of the conclusion of the contract shall be authoritative in each case. 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.

 

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 The prices according to the currently valid price list apply. Prices can be changed at any time, whereby the price valid at the time of purchase is decisive for the user of the digital tour.

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 can be purchased via the website www.discover-culture.com. The customer can use the integrated online order form for this purpose. 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 offer to enter into a contract with respect to the goods and/or services contained in the shopping cart by clicking on the "Buy now with obligation to pay" button that concludes the ordering process.

3.3 An order is only completed if the customer confirms that he/she has read the data protection declaration, the general terms and conditions and the cancellation policy, agrees to this, requests that LightCyde New Media Solutions GmbH begins with the execution of the ordered service before the end of the cancellation period and is aware that he/she thereby loses his/her right of cancellation.

3.4 Before sending the order, the data can be viewed again and corrected by clicking the "Edit" button.

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 for a digital tour only comes into effect through the transmission of the order confirmation by email.

3.6 The customer expressly agrees to the transmission of the order confirmation as confirmation of the concluded contract within the meaning of § 5 para 1 FAGG on another durable data medium, namely by e-mail.

3.7 Offers, discounts and promotions can only be combined with each other if this is expressly stated.

 

4. payment

4.1 The payment is made via PayPal. PayPal supports credit card and prepayment as payment modality.

4.2 If payment is made via PayPal, the customer will be forwarded to the PayPal registration page via a direct link. 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 (general) contractual conditions of PayPal must also 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 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.

 

6. subscriptions

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 e-mail) that the customer wishes to terminate the contract.

6.6 The customer will receive a confirmation by e-mail and will be informed when the subscription is terminated and the access to the digital tours and other services of LightCyde New Media Solutions GmbH via the platform www.discover-culture.com will be 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 periods stated on the website shall apply.

 

8. digital tour - terms of use

8.1 The ticket for the digital tour entitles the holder - unless a subscription has been booked - to access the individually booked digital tour from the time of access use. Tickets purchased online are valid for one year from receipt of the access data.

8.2 Upon conclusion of a subscription, the customer is permanently entitled to access all digital tours covered by the subscription. Access is unlimited for the duration of the subscription.

8.3 Tickets for the Digital Tour are not transferable. This also applies to subscriptions.

8.4 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.

8.5 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.

8.6 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.

 

9 Right of withdrawal of the customer

9.1 Existence and exercise of the right of withdrawal

9.1.1 As a consumer within the meaning of Directive 2011/83/EU, the customer has the right to revoke the contract within fourteen days and without giving reasons in the case of contracts concluded outside business premises and distance contracts.

9.1.2 No right of revocation exists in the cases provided for in § 18 of the Distance and Outward Transactions Act, this applies in particular to contracts concerning
(a) the provision of services related to leisure activities, where the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is excluded, for example, in the case of contracts for the sale of tickets for digital tours with a fixed date.
(b) the supply of digital content not stored on a tangible medium, if the trader - with the express consent of the consumer, combined with the consumer's knowledge of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after providing a copy or the confirmation in accordance with § 5(2) or § 7(3) - has commenced with the supply before the expiry of the withdrawal period in accordance with § 11. Accordingly, the right of withdrawal is excluded if the customer begins to use the access to the digital tour before the expiry of the withdrawal period, he has agreed to the premature performance of the contract and the contract confirmation has been sent to him by e-mail.

9.1.3 In other cases, the customer has the right to revoke the contract within fourteen days without giving any reason. In the case of service contracts, the revocation period shall commence on the day on which the contract is concluded; in the case of purchase contracts, the revocation period shall commence on the day on which the customer or a third party named by the customer who is not acting as carrier has taken possession of the goods. If the customer has ordered different goods within the scope of a uniform order or the delivery of goods in several partial consignments which are delivered separately, the date of taking possession of the last delivered goods or the last partial consignment shall be decisive.

9.1.4 In order to exercise his 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. In order to comply with the cancellation period, it is sufficient that the customer sends his notification of the exercise of the right of cancellation before the expiry of the cancellation 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, LightCyde New Media Solutions GmbH must return all payments that LightCyde New Media Solutions GmbH has received from the customer without delay and at the latest within fourteen calendar days of the day on which LightCyde New Media Solutions GmbH received the notice of revocation.
9.2.2 For the repayment, LightCyde New Media Solutions GmbH uses the same means of payment that the customer used for the original transaction. However, the use of another means of payment is permissible with a corresponding and explicit agreement, if the customer does not incur any additional costs as a result.
9.2.3 LightCyde New Media Solutions GmbH may refuse repayment until LightCyde New Media Solutions GmbH has either received the goods (i.e. the access data for the digital tours) back or the consumer has provided proof that the goods have been returned.
9.2.4 Cancellation is excluded if access to the digital tour has already been used.

 

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 if and insofar as the damage was caused by the offer made by LightCyde New Media Solutions GmbH or a person for whom LightCyde New Media Solutions GmbH is responsible pursuant to § 1313a or § 1315 ABGB (Austrian Civil Code), and
(a) it is a case of culpably caused damage to the person of the customer; or
(b) the damage was caused intentionally or 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.

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 impossible or prohibited, temporarily or permanently, 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 are excluded.

 

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. copyright

13.1 LightCyde New Media Solutions GmbH reserves all rights to the entire content of the website of www.discover-culture.com, in particular to logos, texts, graphics, layouts, trademarks, photographs, images and music (in particular trademark rights and copyrights). Any use of the contents of the website of www.discover-culture.com (storage, processing, reproduction, etc.) requires the express consent of LightCyde New Media Solutions GmbH, unless such use is permitted by law.
13.2 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 agrees not to use access to the digital tour for public screenings.
13.3 The customer agrees not to archive, reproduce, distribute, modify, alter, publicly perform, publish, license, create derivative works from, offer for sale or rent any content or information provided to you by or through LightCyde New Media Solutions GmbH. Excluded is the creation of screenshots for private purposes.

 

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.

14.5 PayPal's applicable privacy policy can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

 

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 Sales Convention, as well as all provisions relating to the UN Sales Convention, are expressly excluded.

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.

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