GENERAL TERMS AND CONDITIONS OF MOMEM TICKET-SHOP (GTC)

1) SCOPE OF APPLICATION
If you order goods (e.g. catalogues, books) or services via this online shop, the purchase contract is subject to these GTC. This applies to both private and commercial customers. Clauses that only apply to companies are labelled accordingly below.

Deviating terms and conditions shall not be recognised if MOMEM has not agreed to them in writing prior to the conclusion of the contract.

2) CONTRACTUAL PARTNER
The purchase contract is concluded with:

MOMEM (Museum of Modern Electronic Music)
An der Hauptwache 15 - Intermediate level -
D-60313 Frankfurt am Main
e-mail: contact@momem.org

Director: Mr Alexander Azary

Tax no.: 045 250 80333

3) CONCLUSION OF CONTRACT, ORDER PROCESS

The offers in the online shop do not constitute a legally binding offer, but an invitation for you to place an order. You can add goods (and tickets) to the virtual shopping basket in our online shop. You can easily correct any errors and mistakes by removing items from the shopping basket and / or pressing the "Back" button on your browser.

By clicking on the "Buy now" button in the final step of the ordering process, you submit an offer to conclude a contract for the purchase of all products and services in the shopping basket.

The purchase contract is concluded when MOMEM accepts your offer in the order by e-mail or by sending the goods (or the ticket).

4) PRICES AND TERMS OF PAYMENT

The purchase price offered is binding. This includes the statutory sales tax. This will be shown separately, as will any shipping or other costs incurred.

The purchase price must be paid without any deductions within 10 days of the order being placed. In the event of default of payment, the statutory provisions regarding the consequences of default of payment shall apply.

MOMEM uses external service providers to settle purchases made via the online shop: PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg Luxembourg collects payments by credit card (Maestro, MasterCard, Visa) and by SEPA direct debit.

5) DISPATCH, DELIVERY

Your order will be processed as soon as it is received. Ordered tickets will be sent as soon as possible after receipt of the purchase price via download link and email notification.

6) RETENTION OF TITLE

MOMEM reserves the right of ownership of the object of purchase until the purchase price has been paid in full.

7) ADMISSION TO THE MUSEUM

The MOMEM may only be entered with a valid admission ticket. Admission tickets authorise entry to the MOMEM for the selected date or a specific time frame.

The admission ticket loses its validity upon entry to the museum or when it is cancelled. Day tickets are not transferable after admission. Admission tickets that have been falsified or tampered with in any other way do not entitle the holder to admission and will be confiscated by MOMEM without replacement or compensation. The same applies in the event of misuse of admission tickets.

The MOMEM is authorised to block areas of the museum in whole or in part or to restrict access to them. Such closures or access restrictions shall not give rise to any claims on the part of the visitor.

Children up to and including the age of 12 have free admission. You can obtain admission tickets at the Städel Museum MOMEM ticket office.

In the event of the loss of an admission ticket, there is no entitlement to a replacement ticket or any other replacement.

8) LIABILITY FOR DEFECTS

If you are a consumer, the limitation period for claims for defects in the delivery of new goods is two years. The period begins with the transfer of risk. This does not apply to claims for damages due to defects. Clause 9 applies to claims for damages.

If you are an entrepreneur, MOMEM reserves the right to choose the type of subsequent fulfilment in the event of a defect.

We do not grant any guarantees in the legal sense.

9) LIABILITY FOR DAMAGES

MOMEM's liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, limb and health of the customer, claims for breach of cardinal obligations, i.e. obligations that arise from the nature of the contract and whose breach jeopardises the achievement of the purpose of the contract, as well as compensation for damages caused by delay (§ 286 BGB).

Insofar as our liability for damages towards MOMEM is excluded or limited, this shall also apply with regard to the personal liability for damages of our employees, workers, staff, representatives and vicarious agents.

10) NOTICE PURSUANT TO THE ONLINE DISPUTE RESOLUTION REGULATION

Under applicable law, MOMEM is obliged to inform consumers of the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without having to go to court. The European Online Dispute Resolution platform can be found here: https://ec.europa.eu/odr.

MOMEM does not participate in any dispute resolution proceedings and is not obliged to do so.

11) LANGUAGE, JURISDICTION AND APPLICABLE LAW

The contract is drawn up in German. The further implementation of the contractual relationship shall also be in German. The law of the Federal Republic of Germany shall apply exclusively.

This only applies to consumers insofar as it does not restrict any statutory provisions of the country in which the customer is domiciled or habitually resident.

The place of jurisdiction for disputes with customers who are not consumers but companies, legal entities under public law or special funds under public law is Frankfurt am Main.

12) RIGHT OF CANCELLATION

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of cancellation, you must notify us in writing.

Museum of Modern Electronic Music
An der Hauptwache 15 - Intermediate level
60313 Frankfurt am Main

e-mail: contact@momem.org

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, MOMEM shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by MOMEM), without undue delay and in any event not later than 14 days from the day on which MOMEM is informed about your decision to withdraw from this contract. For this repayment, MOMEM will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will MOMEM charge you any fees for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to MOMEM immediately and in any case within fourteen days at the latest from the day on which you inform MOMEM of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of 14 days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of the right of cancellation for tickets

You are not entitled to a right of cancellation for distance selling contracts in accordance with Section 312g (2) No. 9 of the German Civil Code (BGB), insofar as it concerns a contract for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision.