General terms and conditions of business
der Wildfire Media GmbH (via the platform www.discover-culture.com) for consumers („Customers“)
Status 27.07.2021
1. validity and basis
1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) apply to all business relationships between the customer and Wildfire Media GmbH. They apply in particular to the purchase of tickets by the customer for the use of the digital tours on the discover-culture.com platform and associated services (e.g. audio guides, video guides, insights into digitized books and manuscripts, etc.) and to access to videos and live streams. Further information about Wildfire Media GmbH, in particular our contact details, can be found under „Imprint“ on the aforementioned website.
1.2 „Customers“ are exclusively consumers within the meaning of the Consumer Protection Act (hereinafter referred to as „KSchG“). Wildfire Media GmbH is currently not contracting with businesses 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 a contract being concluded with a business.
1.3 All offers, deliveries, and services provided by Wildfire Media GmbH (via the platform discover-culture.com) are exclusively based on these Terms and Conditions. Any terms and conditions of the customer that conflict with or deviate from these Terms and Conditions shall not apply, unless Wildfire Media GmbH agrees to their validity in writing. Customers may, under certain circumstances, have the option to utilise services from business partners. In such cases, a separate contract will be concluded between the customer and the business partner, which may be subject to specific terms and conditions.
The General Terms and Conditions applicable at the time of contract conclusion are authoritative. These General Terms and Conditions also apply as a framework agreement for all future legal transactions between the customer and Wildfire Media GmbH.
1.5 Wildfire Media GmbH reserves the right to change the terms and conditions at any time. The amended terms and conditions 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 indicated by Wildfire Media GmbH on the website are in Euros and include both 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 on the website do not constitute binding offers from Wildfire Media GmbH. Likewise, price and delivery time information for services provided by Wildfire Media GmbH, whether given 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.
3.3 An order is only concluded if the customer agrees to the ABG and has taken note of the privacy policy and the cancellation policy.
3.4 Before sending the order, the data can be viewed again and corrected.
3.5. Wildfire Media GmbH confirms receipt of the contract offer by order confirmation via e-mail to the e-mail address provided by the customer. The contract for the purchase of a ticket only comes into effective existence upon transmission of the order confirmation via e-mail. 3.6. Offers, discounts and promotions may only be combined with each other if this is expressly stated.
4. payment
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 login page via a direct link by selecting the „Order with obligation to pay“ button. Wildfire Media GmbH will initially reserve the payment. After Wildfire Media GmbH has sent the order confirmation, the customer will receive the access details for the Digital Tour via email. At the same time, Wildfire Media 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 issuing of a goodwill voucher shall be without prejudice to the factual and legal situation and purely in the interest of customer satisfaction. No rights, obligations, or claims beyond the redemption of a goodwill voucher may be derived from its issuing. Goodwill vouchers are valid for six months from the date of issue by Wildfire Media GmbH.
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. To exercise its right of termination, the customer must inform Wildfire Media 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 will end and access to the digital tours and other services of Wildfire Media GmbH via the platform www.discoverculture.com will be closed.
7. delivery conditions and delivery periods
7.1. Wildfire Media GmbH's offers via the www.discover-culture.com platform are open to all customers worldwide. 7.2. The delivery times stated on the website apply.
8. digital tour - terms of use
8.1. The purchase of a video or digital tour entitles the customer – unless a subscription has been booked – to use the product for one year. The period begins 14 days after confirmation by the operator. Tickets purchased online therefore have a validity of one year, 14 days from receipt of the access data. If the customer demands immediate performance by Wildfire Media GmbH, waiving the right of withdrawal, 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. Wildfire Media GmbH shall not be liable for services beyond its own sphere of influence, in particular not for the unavailability of services due to internet disruptions.
8.8. For quality assurance purposes, Wildfire Media GmbH reserves the right to temporarily shut down the service if this is necessary for maintenance. The modification or closure of certain functionalities, with or without notice, is also possible.
8.9. Wildfire Media GmbH reserves the right to discontinue certain products, either temporarily or permanently. Even if the customer was unable to access the purchased product for the full duration, there is no entitlement to (partial) refund of the purchase price, as long as the product was available online for at least 15 days, and to the extent legally required, for a maximum of 6 months, and the product had to be removed from the platform for legal or company-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. For service contracts and contracts for the supply of digital content not supplied on a tangible medium, the withdrawal period commences on the day the contract is concluded. 9.1.4. To exercise the right of withdrawal, the customer must inform Wildfire Media GmbH by means of a clear declaration (e.g. a letter sent by post, fax or email) that the customer wishes to withdraw from the contract. The statutory withdrawal form is provided in the Appendix to these terms and conditions for exercising the right of withdrawal. The customer may declare their withdrawal using this form, but compliance with this form is not mandatory. To observe the withdrawal period, it is sufficient for the customer to send their notification of exercising the right of withdrawal before the expiry of the withdrawal period.
9.2. Obligations of Wildfire Media GmbH upon exercise of the right of withdrawal
9.2.1. If the Customer cancels this agreement in compliance with these T&Cs, Wildfire Media GmbH shall reimburse all payments received from the Customer without undue delay and at the latest within fourteen calendar days from the day on which the cancellation notice is received by Wildfire Media GmbH. 9.2.2. For the reimbursement, Wildfire Media GmbH shall use the same means of payment that the Customer used for the original transaction. Under no circumstances will the Customer be charged any fees for this reimbursement.
10. compensation and impossibility
10.1. The customer is only entitled to claims for damages against Wildfire Media GmbH in connection with the use of the digital tours and in connection with legal transactions with Wildfire Media GmbH via the platform www.discover-culture.com if and to the extent that the damage was caused by the offer provided by Wildfire Media GmbH or by a person for whom Wildfire Media GmbH is liable under Sections 1313a or 1315 of the Austrian General Civil Code (ABGB), and (a) the damage to the customer's person was culpably caused; or (b) the damage was caused by gross negligence.
10.2. Wildfire Media GmbH shall not be liable for any damages to health or property resulting from uncontrolled bodily movements and falls during the Digital Tour, livestream, or while viewing a video.
10.3. Wildfire Media 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 Wildfire Media GmbH.
10.4. In such a case, Wildfire Media GmbH shall 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 Wildfire Media GmbH due to force majeure, cancellation of the contract and recovery of the amount paid by the customer shall be excluded if the customer has already watched or made use of more than half of the live stream, video, or digital tour.
10.6. Wildfire Media GmbH shall not be liable for temporary failures or unavailability of the digital asset due to force majeure.
11 Transfer of risk and warranty
11.1. Wildfire Media GmbH provides a warranty for freedom from defects at the time of handover in accordance with statutory provisions, whereby statutory deadlines 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, Wildfire Media GmbH does not identify with their content. Wildfire Media GmbH shall only be liable for linked sites in accordance with Section 17 of the ECG. Should unlawful content be identified on a linked site, Wildfire Media GmbH requests notification. Upon verification, the link will be removed by Wildfire Media GmbH.
12.2. References and links to the www.discover-culture.com website are only permitted with the express written consent of Wildfire Media GmbH.
13. copyright
13.1 All products offered by Wildfire Media 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 digitised content) in private spaces. Wildfire Media GmbH reserves all rights (in particular trademark and copyright) to the entire content of the website www.discover-culture.com, especially to logos, texts, videos, graphics, layouts, trademarks, photographs, images, the digital tour, artworks, and music. Any use of content from the website www.discover-culture.com beyond personal use (listening/viewing) in private spaces (storage, editing, reproduction, etc.) is prohibited unless Wildfire Media GmbH has granted its express consent for such use, and provided that such use is not mandatorily permitted by legal regulations.
13.2. Sub-licensing or onward transfer of products, or onward transfer of access credentials (access credentials must be kept confidential), or access rights is not permitted for the customer, subject to overriding mandatory statutory provisions. Furthermore, the customer is prohibited from creating works based in whole or in part on the intellectual property of Wildfire Media 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. The customer is expressly prohibited from, in particular, archiving, reproducing, distributing, modifying, altering, publicly performing, publishing, licensing, creating derivative works from, or offering for sale or renting out, any content and information provided to them by or through Wildfire Media GmbH. The creation of screenshots for private use is excepted.
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 personal data provided during the order process by Wildfire Media GmbH. This data may be used by Wildfire Media GmbH for the processing of contracts with the customer (handling customer orders, processing payments, and clarifying any queries) and may also be permanently stored beyond individual orders with regard to future contract processing.
14.2. The customer is entitled to request information from Wildfire Media GmbH about the data stored about them 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 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 shall be the registered office of Wildfire Media GmbH.
16. final provisions
The invalidity of individual provisions of these GTC or their components shall not affect the validity of the remaining provisions.
