Table of contents

Terms and Conditions

1. Applicability

The following terms and conditions apply exclusively to orders made from the online store under Deviating customer conditions will not be recognized, except in cases in which the Kunstmuseum Stuttgart expressively agrees to their validity. The following contract stipulations apply to all offered products.

2. Contract Partner

The purchase contract takes place with:

Stiftung Kunstmuseum Stuttgart gGmbH
Kleiner Schlossplatz 13
70173 Stuttgart

+ 49 (0)711 / 216 196 00
info [at] kunstmuseum-stuttgart [dot] de (info[at]kunstmuseum-stuttgart[dot]de)

Court of Registration Stuttgart HRB 24432
Managing Director: Dr. Ulrike Groos
Head of the Board of Trustees: Mayor Dr. Fabian Mayer

3. Contract Conclusion

The offers in the online store are nonbinding and do not represent a legally binding offer but, rather, a request to order. By submitting an order form the customer bindingly declares the intent to purchase. The customer’s request, however, can only be submitted and transmitted when the customer, by clicking on the field “Yes, I accept the terms and conditions," agrees to the terms of the contract and has thereby accepted them in his request. The purchase contract is concluded when the Kunstmuseum Stuttgart sends the customer, by e-mail, an invoice for his ordered items or when the delivery of the ordered items iscarried out. It is recommended that the customer, upon receiving the invoice e-mail, inspect the content of the concluded purchase contract for correctness. Any discrepancies should be communicated to the Stiftung Kunstmuseum gGmbH as soon as possible in order to avoid any unnecessary processing.

4. Right to Cancel

The customer is entitled to a right to cancel. He can revoke the conclusion of the contract within fourteen days, without stating reasons for doing so and without payment.

Moreover, if the customer does not wish to make use the merchandise for either commercial or self-employed business purposes, he can revoke his order in writing within two weeks of receipt of the merchandise and without stating reasons for doing so. To guarantee the right to cancel, the customer must notify us either by sending his cancellation or returning the merchandise within the stipulated period. The cancellation should be sent to the following address:

Stiftung Kunstmuseum Stuttgart gGmbH
Kleiner Schlossplatz 13

70173 Stuttgart

+ 49 (0)711 / 216 196 00
info [at] kunstmuseum-stuttgart [dot] de (info[at]kunstmuseum-stuttgart[dot]de)

In the event of a valid cancellation, the payments or goods receivedby both parties are to be restored and, if applicable, any profit drawn returned.If the customer cannot return the received goods or services, in their entirety or in part, or can return them only in a lesser condition, the customer must compensate the Stiftung Kunstmuseum Stuttgart gGmbH for lost value. This does not apply to the surrendering of items if the deterioration of the items is caused bytheir inspectionas, for instance, a customer would be able to do in a retail store. Moreover, the customer can avoid being liable for compensation due to the deterioration of the items caused by normal usage by not treating the merchandise as his own property and by avoiding anything that could reduce its value.

Items that can be consigned by parcel shipment are to be returned at the risk of the Stiftung Kunstmuseum Stuttgart gGmbH. The customeris liable for the expenses of the return shipping if the items delivered correspond to those ordered and if the price of the items to be returned does not exceed 40 euros or, when the price of the goods is higher, if at the time of cancellation, the customer has not yet carried out the return service or made a contractually agreed upon partial payment. Otherwise the return shipment is free of charge for the customer. Any obligations to reimburse payments must be carried out within thirty days. For the customer this period begins when he dispatches his cancellation notice or the items, and for the Stiftung Kunstmuseum Stuttgart gGmbH when they have been received.

Excluded from the right to cancel are goods that have been made according to customer specification or that unambiguously have been tailored to individual requirements or that, due to their workmanship, are not suitable for return shipment or are quickly perishable or that have exceeded their expiration date. Also excluded are audio and video recordings as well as software, in the event that the customer has unsealed the delivered data-storage medium.

5. Prices and Delivery

All prices displayed in the online store are in euros and include the legal VAT charged in the Federal Republic of Germany at the corresponding rate (currently 19% as well as at the reduced tax rate of 7%). The prices are applicable as displayed on the order date.

Delivery will only be carried out against advance payment. In the event that the contact is accepted by the Stiftung Kunstmuseum Stuttgart gGmbH, the customer will receive an invoice by e-mail. The stated billing amount is immediately due for payment. After the billing amount has been received by the bank account displayed in the invoice, the ordered merchandise will be sent within five working days of the receipt of payment.

6. Shipping Costs

In addition to the prices listed, the Kunstmuseum Stuttgart charges a flat fee for deliveries outside Germany which covers the packaging, transport and handling. Please contact our museum for detailed information relating to these costs.

7. Title Retention

Until complete payment has been received, the delivered merchandise remains the property of the Stiftung Kunstmuseum Stuttgart gGmbH.

8. Warranty

In the event of a concluded contract with the customer, the customer is obligated to reprove any obvious defects within the legal period of fourteen days in order to guarantee a warranty. This period begins with the delivery of the merchandise and is guaranteed via punctual communication to the contact details of the Stiftung Kunstmuseum Stuttgart gGmbH.

9. Privacy Protection

The Stiftung Kunstmuseum Stuttgart gGmbH collects customer data within the scope of processing of an order. In doing so, it adheres to the regulations of the German Data Protection Act and the German Teleservices Data Protection Act. The personal data that the customer communicates, such as in the process of making an order or by e-mail (e.g., name and contact information), is only used to correspond with the customer and for the purpose for which he has made the data available to the Stiftung Kunstmuseum Stuttgart gGmbH. The Stiftung Kunstmuseum Stuttgart gGmbH imparts customer data solely to the assigned mail-order company, insofar as this is necessary for the delivery of the merchandise. For the processing of payments, it imparts the payment data to the credit institution commissioned with the payment. The Kunstmuseum Stuttgart will not use customer data for purposes of advertising, marketing, or opinion research without the customer’s consent.

10. Disclaimer

Unless determined otherwise, customer damage claims, regardless of their legal foundation, in particular due to violation of his contractual obligations and due to unauthorized treatment, are excluded. This does not apply if there is a mandatory liability, such as in cases of deliberate intention, gross negligence, the loss of life, bodily injury, or damage to the health of a person, or due to the violation of fundamental contractual obligations. However, damage claims regarding the violation of fundamental contractual obligations are limited to foreseeable, typically occurring damage, insofar as no deliberate intention or gross negligence are involved.

11. Final Provisions

The place of implementation and jurisdiction for the delivery and payment resulting from the contract agreement is Stuttgart. The laws of the Federal Republic of Germany apply exclusively with the exception of the UN Sales Convention (CISG). In the event that individual provisions of this contract are ineffective or contradict the legal provisions, this will not affect the validity of the contract as a whole. The invalid provision will be replaced by the parties to the contract jointly with a legally binding provision that comes closest to the economic aims and purpose of the invalid provision. The aforementioned stipulation also applies to any loopholes.