General Terms & Conditions of Sale
Fondation Beyeler Shop –Terms & Conditions
1. Scope of application & validity
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These terms and conditions apply to all business conducted between the
Beyeler Museum AG shop (hereinafter called "the Fondation Beyeler Shop")
and the customer (hereinafter the "customer" or "you"), in the version in
force at the time the contract of sale is concluded.
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By placing an order or executing a download, the customer expressly
accepts these terms and conditions.
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These terms and conditions shall have exclusive validity. Conditions
stipulated by the customer that conflict with or deviate from these Terms
& Conditions shall not apply, except in individual cases where the
Fondation Beyeler Shop has agreed to these in writing.
2. Online registration
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To place an order it is first necessary to register as a customer with the
Fondation Beyeler Shop. Multiple registrations under different names
and/or addresses are not authorized. Once the registration process has
been successfully completed, the customer is authorized by the Fondation
Beyeler Shop to access the online store.
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This authorization can be revoked by the Fondation Beyeler Shop at any
time, however. In this event, the Fondation Beyeler Shop is entitled to
block and delete the user name and corresponding password.
3. Conclusion of a contract of sale
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The presentation by the Fondation Beyeler Shop of its product range is
non-binding. It does not constitute an offer to conclude a contract of
sale with the customer.
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The contract of sale is concluded when the Fondation Beyeler Shop accepts,
by means of its order confirmation by email, the contractual offer that is
made with the customer's order. This order confirmation describes the
essential contents of the order. The customer shall check the order
confirmation for obvious misspellings, miscalculations or discrepancies
between the order and the confirmation. The Fondation Beyeler Shop must be
notified immediately of any discrepancies.
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If the customer has given an incorrect e-mail address in connection with
his order and the Fondation Beyeler Shop's confirmation cannot be
delivered to him, the contract will come into effect if the Fondation
Beyeler Shop sends the customer its order confirmation by another channel.
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If the Fondation Beyeler Shop is unable to fulfill the customer's order,
the customer will not receive an order confirmation but will be informed
of the unavailability of the goods ordered or that the order has been
declined. Goods that are temporarily out of stock will be reserved for the
customer and the customer's order will remain open. The Fondation Beyeler
Shop will advise the customer separately if necessary of possible errors
in the product details given on the website and offer the customer a
corresponding alternative.
4. Prices and minimum orders
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Prices may fluctuate. The definitive price shall be that given at the time
the order is placed in accordance with Section 3 Paragraph 2 of these
terms and conditions.
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The minimum order value is CHF 20. Orders whose value falls short of the
minimum order value shall automatically attract a surcharge, representing
the difference between the actual order value and the minimum order value.
This charge does not apply to downloads and E-Tickets.
5. Delivery and shipping rates
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The Fondation Beyeler Shop will ship the ordered goods promptly to the
address given by the customer in the order. The Fondation Beyeler Shop is
entitled to dispatch part shipments and deliver partial services provided
that it is reasonable to do so from the customer's point of view. In the
case of part shipments by the Fondation Beyeler Shop, the additional
carriage costs will be borne by this latter.
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Orders will be shipped at the rates indicated for each individual order.
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All delivery periods or delivery dates communicated by the Fondation
Beyeler Shop are non-binding.
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Orders shall only be delivered to final customers. The Fondation Beyeler
Shop reserves the right to impose restrictions on quantities.
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If an order has to be re-delivered because the customer has given an
incorrect address, the additional shipping costs will be borne by the
customer.
6. Customs duty, value added tax
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Goods shipped to countries outside Switzerland may incur import duties,
which are payable by the customer. These import duties vary from one
customs area to another. The customer is responsible for the proper
payment of the necessary customs duties and other charges. Import duties
do not fall under the heading of shipping costs.
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For deliveries within Switzerland, the price displayed includes Swiss
value-added tax at the rate currently in force. In the case of exports to
other countries, the price displayed is the net price without value-added
tax.
7. On-site collection
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Orders may be paid for in our online shop and collected on site at the
museum shop (during museum opening hours).
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Customers will be notified within a maximum of three working days
following the placement of their order.
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Once notified, customers have a maximum of 14 days in which to collect
their order from the museum shop.
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Orders not collected within 14 days are granted an extension period of a
further 14 days, for which a storage fee shall be charged.
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For orders not collected within this specified period, the purchase
agreement will be reversed and voided. Extensions may be granted as a
gesture of goodwill. To discuss this, please contact our customer service
in good time:
shop@fondationbeyeler.ch
or +41 61 645 97 25.
- On-site collection must be confirmed by signature.
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The 14-day cancellation period begins with the goods’ receipt /
collection.
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Fondation Beyeler Shop reserves the right to exclude items not suitable
for collection from this option.
8. Due date and payment terms, late payment
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The purchase price is due upon conclusion of the contract. In the case of
late payment, the Fondation Beyeler Shop is entitled to demand interest of
5% p.a.
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Payments are processed via Saferpay. The following credit cards may be
used for payment: VISA, Eurocard/MasterCard, American Express. Other forms
of payment: Twint, PayPal, Postcard, PostFinance card, eFinance, UnionPay.
- The currency used for orders and invoices is CHF.
9. Reservation of title, withdrawal
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Delivered goods remain the property of the Fondation Beyeler Shop until
all payments arising out of the contract have been settled in full. The
Fondation Beyeler Shop is entitled to withdraw from the contract in the
case of late payment and to demand the return of the goods.
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If, despite a contractual obligation, a supplier does not supply an
ordered item to the Fondation Beyeler Shop so that the Fondation Beyeler
Shop, through no fault of its own, is permanently unable to deliver it,
the Fondation Beyeler Shop is entitled to withdraw. The Fondation Beyeler
Shop will immediately inform the customer if it cannot supply an item and
will immediately refund him any amounts already paid.
10. Right to cancel the contract
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The customer has the right to cancel his order within 14 days of the goods
being received by the intended recipient, without having to give a reason.
The customer may do so in writing, on another permanent data support, by
e-mail (shop@fondationbeyeler.ch)
or by returning the goods concerned.
Goods should be returned promptly before the expiry of the 14-day
cancellation period to:
FONDATION BEYELER
Fondation Beyeler Shop
Beyeler Museum AG
Baselstrasse 101
CH-4125 Riehen/Basel.
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The customer's right to cancel an order does not apply to deliveries of
the following:
- E-Tickets;
- perishable goods;
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goods which in view of their nature cannot be returned (e.g. e-books,
downloads etc.);
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newspapers, periodicals, illustrated magazines, annuals and calendars;
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DVDs, CDs, e-book readers, videos, music cassettes and software,
unless these are returned unused, with their seals unbroken, and in
their original packaging;
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items made to the customer's specifications, and items specially
procured for the customer from outside Switzerland, as indicated on
the corresponding webshop page.
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Should the customer send back an order where no right of cancellation
exists, the costs of returning the item to the customer shall be borne by
this latter.
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Upon cancellation of an order, the customer is obliged to return the goods
received. If the customer is unable to return the goods wholly or in part,
or only in a used or impaired state, the customer cancelling the order
shall compensate the Fondation Beyeler Shop for the corresponding
depreciation in value. If the customer has already paid for the order, the
Fondation Beyeler Shop reserves the right to deduct the depreciation in
value from the refund amount. In individual cases the depreciation in
value may be equal to the original selling price.
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The customer shall bear the costs and risk of returning the goods, except
where the goods delivered do not correspond to those ordered.
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The Fondation Beyeler Shop shall exercise its right of retention until the
goods have been returned in full.
11. Offsetting, right of retention
Offsetting is permissible only if your claim has been legally established or
recognized. The right of retention exists only insofar as your counterclaim
derives from the same contractual relationship.
12. Warranty, liability
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The buyer shall check the goods upon receipt. He must inform the Fondation
Beyeler Shop immediately of any defects. Failure to do so constitutes
acceptance of the goods, except in the case of defects that were not
visible in the course of normal inspection. If such defects come to light
at a later date, the customer must inform the Fondation Beyeler Shop as
soon as he discovers them; if not, the goods will be considered to have
been accepted by the customer even with these defects.
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If, at the time of the passing of risk, an item has a defect for which the
Fondation Beyeler Shop can be held responsible, the seller can either
offer to repair or to replace the item. If the defect cannot be rectified
or the item replaced, the customer is entitled to withdraw from the
contract or demand a reduction in the original selling price.
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The liability of the Fondation Beyeler Shop, its representatives and its
assistants is limited to gross negligence and malicious intent. The
Fondation Beyeler Shop accepts no liability for indirect damage or lost
profit. Its liability under product liability rules remains unaffected.
13. Place of supply
FONDATION BEYELER
Fondation Beyeler Shop
Beyeler Museum AG
Baselstrasse 101
CH-4125 Riehen/Basel
14. Data protection
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The data necessary for processing and executing customer orders shall be
stored under strict observation of the statutory provisions currently in
force and shall only be passed on to other companies for the processing
and executing of orders. All personal data will be treated as
confidential. The Fondation Beyeler Shop reserves the right to transmit
personal data for the purposes of credit checking within the framework of
an exchange of data with companies associated with the Fondation Beyeler
Shop.
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After login, Fondation Beyeler Shop customers can access and edit their
personal data in the secure area of the homepage. More information about
our Data Protection policy can be found on the Fondation Beyeler Shop
website.
15. Rights of use (incl. downloads)
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All goods offered by the Fondation Beyeler Shop are intended solely for
your private, non-commercial use. Any other use represents an infringement
of copyright. Making copies for the purposes of resale, commercial hire,
public broadcasting, or for forwarding or transfer to third parties is
prohibited.
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When purchasing music from our product range, customers are only granted
the rights of use detailed in the corresponding product description, e.g.
the right to download a title, the right to stream, to play on a PC, burn
onto a CD or transfer to a portable player.
16. Choice of law and jurisdiction
Swiss law is applicable, to the exclusion of the UN Convention on Contracts
for the International Sale of Goods. The court of jurisdiction for all
claims connected with your order is Basel-Stadt.
Riehen, January 8, 2024
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