General Terms and Conditions of the mre

Museum Reinhard Ernst gGmbH
Wilhelmstraße 1, 65185 Wiesbaden, Germany
E-mail: info@museum-reinhard-ernst.de
T +49 (0)611 763 8888 0
VAT identification number: DE341462120

– hereinafter referred to as ‘mre’ –

and

the customers specified in Section 1 of the contract

– hereinafter referred to as ‘Customers’.

Terms and conditions valid for purchase contracts or bookings made via the online shop, by e-mail, in the museum shop, or at the museum’s ticket desk.

§ 1 Scope of Application

These General Terms and Conditions (GTC) shall apply to Customers for the following offers of Museum Reinhard Ernst gGmbH (hereinafter “mre”): purchases in the museum shop, purchases and other orders via the online shop, use of the colour laboratory, for the purchase of admission tickets, tickets for events, tickets for participation in public tours and other public offers of arts education, as well as for the binding booking of offers for private or educational groups online, by e-mail, and for the purchase of all these products and services at the museum’s ticket office.
Deviating General Terms and Conditions of the Customer shall not be accepted unless the mre expressly agrees to their validity in writing.

The Customer is a consumer insofar as the purpose of the deliveries and services ordered cannot be predominantly attributed to their commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity that, when concluding the contract, acts in exercising their commercial or self-employed professional activity.

§ 2 Admission

The exhibition rooms and the ‘colour lab’ may only be entered with a valid ticket. Exceptions are the foyer, the shop, and the Maki Forum during free events. Admission tickets entitle you to enter the mre for the selected date or a specific time frame. Day tickets are not transferable after entry. Tickets that are forged or manipulated in any other way do not entitle you to admission, and will be confiscated by the mre without compensation or recompense. The same applies in the case of improper use of admission tickets.
The reduced and free admission tickets as well as event tickets are only valid together with the relevant proofs; they are available from the museum’s ticket office.

Purchasing an annual pass entitles you to free admission to the exhibition rooms during regular opening hours.
The opening hours are published here.

When accompanying educational groups, up to two accompanying adults are admitted free of charge.

Assistants for visitors with disabilities are also admitted free of charge.

The mre is entitled to completely or partially close areas in the museum, or to restrict access to them. No claims shall arise from such closures or access restrictions.
In addition to the GTC, the mre’s Visitor Rules shall apply to visits to the museum and the exhibitions. The Visitor Rules are published here.
The Visitor Rules and General Terms and Conditions shall apply to guests of the museum restaurant when using the public areas of the mre, even outside the regular opening hours.

§ 3 Duty of Supervision

Children up to the age of 12 are only allowed to enter the exhibition rooms and the ‘colour lab’ with an adult accompanying them, who will be responsible for them during the entire visit. Teachers, educational staff, and other persons accompanying educational groups have a duty of supervision throughout the entire visit. This shall also apply in cases where the programmes offered are accompanied by staff from the arts education team. Accompanying persons shall be obligated to remain with their group at all times, and are responsible for the appropriate behaviour of the group.

§ 4 Conclusion of Contract/Registration

The mre offers (public) events requiring registration and those where no registration is required. The purchase price offered is binding. The contract for participation in an event requiring registration is concluded when the Customer registers, or makes a binding booking of an offer, and receives written confirmation from the mre.

For events with a minimum number of participants, the contract shall be concluded under the suspensive condition that the minimum number of participants is reached.
The number of participants for guided tours and other arts education services may be limited. For events requiring registration, registrations shall be considered in the order in which they are received.
Registrations for events requiring registration must be received by the mre at least 48 hours before the day of the event. For events for children and young people, applicable age restrictions must be observed.

After booking has been confirmed, a person from the mre’s learning team will be in charge of the event; the mre is free to choose the person in charge.
When booking tickets online, the Customer submits to the mre an offer for the conclusion of a contract by clicking on the field ‘buy now’ on the mre website. The mre shall accept this offer by sending the Customer a confirmation by e-mail. In the case of admission tickets and event tickets, the respective product is attached for self-printing; publications and merchandising are shipped separately. The purchase is therefore binding; cancellation shall only be possible in accordance with the conditions mentioned below.

The Customer can select products (goods), in particular admission and event tickets, from the mre range, and collect them in a so-called shopping basket using the ‘Add to Cart’ button. Using the ‘place order’ button, you submit a binding application to purchase the goods in your shopping cart. Before submitting the order, the Customer may change, and view, the data at any time. However, the purchase order can only be submitted and transmitted if the Customer has accepted these contractual conditions by ticking the ‘Accept Terms & Conditions’ button, thus including them in their order.

The mre then sends the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the ‘Print’ function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the mre; it does not constitute acceptance of the purchase order. The contract is only concluded when the mre sends the invoice, which shall be sent by separate e-mail, constituting, or replacing, the order confirmation. In this e-mail, the mre sends the contract text (consisting of the order, a link to the GTC, and the invoice) to the Customer (confirmation of contract). The text of the contract will be stored in compliance with data protection regulations.

The contractual language is German.

The Customer is to ensure that the e-mail address provided by the Customer to process the order is correct so that the e-mails sent by the mre can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the mre, or by third parties commissioned by the mre to process the order, can be delivered.

§ 5 Terms of Payment and Shipping Costs

The prices stated at the time of ordering in the mre online shop, or at the time of concluding the purchase contract in the museum shop or at the museum’s ticket office, shall apply. We reserve the right to change the prices stated in the online shop or in the museum shop or at the museum’s ticket office. All prices for goods or services include the value added tax applicable in Germany at the time when the order is placed, and are exclusive of shipping costs, where such costs are applicable.
The Customer is informed of the corresponding shipping costs on the order form; these costs shall be borne by the Customer unless the Customer exercises their right of withdrawal.
The mre shall bear the shipping risk provided that the Customer is a consumer; Customers that are not consumers shall bear the shipping risk.

In the event of withdrawal, the Customer shall bear the direct costs of the return shipment.
The Customer shall pay for online purchases in advance by credit card (Mastercard/Visa), PayPal, or Giropay.

For purchases in the museum shop or at the museum’s ticket office, cash payment and payment by Girocard or credit card (Mastercard/Visa) are accepted.
Arrangements can be made for payment by invoice when booking a bespoke guided tour for private groups and for educational groups. The purchase price must be paid without any deductions within fourteen days of the invoice being issued. The statutory regulations on the consequences of late payment shall apply.

In the case of group offers with an all-inclusive price, this fee shall remain the full amount, even if the number of participants is reduced.

The mre uses external payment service providers to invoice purchases made via the online shop.
In all other instances, payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the Customer shall be in default by missing the deadline. In this case, they shall pay the mre default interest for the year amounting to five percentage points above the base interest rate.

In the case of commercial customers, the default interest shall be nine percentage points above the base interest rate.

§ 6 Shipping

Tickets
Admission or event tickets ordered online or by e-mail, including confirmation of the purchase and the invoice, shall be sent by e-mail to the address provided by the Customer. The ticket must be printed out by the Customer, and presented, or shown in digital form on the display, at the entrance to the museum. Admission is only granted upon presentation of the purchase confirmation with complete barcode.
Tickets for third-party events are subject to terms and conditions that are set out in a separate contract.

All products of the online shop (except for admission and event tickets)
Delivery times stated by the mre shall be calculated from the time that the mre confirms the order, provided that the Customer has paid the purchase price in advance (except in the case of purchase on account). If no, or no deviating, delivery time is specified for the respective product in the online shop, delivery time shall be three to five days.

If the product ordered by the Customer is only temporarily unavailable, the mre shall advise the Customer of this immediately in the order confirmation.
Products from the shop (except for admission and event tickets) are usually dispatched to the Customer by the DHL parcel service. Delivery shall be made within the delivery area specified by the mre to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the mre’s order processing is binding for the transaction.
If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the costs incurred by the mre as a result.

Goods may only be collected during the opening hours of the shop.

For deliveries to countries outside the European Union, further costs may be incurred and which are to be borne by the Customer. These include, for instance, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees), or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union. The customs costs incurred when shipping products from the shop outside the EU shall be borne by the Customer. The mre accepts no liability for this, and cannot provide any information on the customs duties incurred. Please note that additional delays may occur in customs clearance.

§ 7 Waiting Time for Booked Events and Guided Tours

The waiting time for mre staff is 15 minutes from the planned start of the event. The Customer shall have no right to have the event held after the waiting period has expired. If individual registered persons are late, the employee shall decide at their discretion when the event begins. If the start of the event is delayed for reasons for which the Customer is responsible, the event shall be shortened by the corresponding time. Customers shall not be entitled to a pro rata reimbursement of costs.

§ 8 Cancellation Terms, Withdrawal, and Extraordinary Revocation

Tickets
Cancellation of admission tickets and event tickets shall be excluded pursuant to Section 312g Para. 2 No. 9 of the German Civil Code (BGB). Cancellation of a privately booked arts education offer as well as of booked offers for educational groups may only be made in writing by e-mail. Registrations may be cancelled free of charge up to 48 hours before the day of the event. In the case of late cancellation, the 50% of the fee shall be due. The same applies if you do not show up at the start of the event. The decisive factor for determining the time of cancellation is its receipt by the mre. The burden of proof lies with the Customer.

The mre is entitled to withdraw from a contract for the organisation of an event or guided tour with immediate effect for good cause. A good cause exists in particular if the implementation of the event or guided tour poses a concrete risk that people will be injured, or their lives or the works of art and/or the museum premises will be damaged. The same shall apply in the event of force majeure.

All products of the online shop (except for admission and event tickets)
When concluding a distance selling transaction, Consumers have a statutory right of withdrawal, which the mre informs about below in accordance with the legal model. The exceptions to the right of withdrawal are specified in the following paragraph. Below you will find a model form for the right of withdrawal.

Withdrawal Instructions

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us, Museum Reinhard Ernst gGmbH, Wilhelmstraße 1, 65185 Wiesbaden, Germany, e-mail: info@museum-reinhard-ernst.de, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail message). You may use the model form shown below to exercise your right of withdrawal, although this is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
Should you withdraw from this contract, we shall reimburse to you all payments we have received from you, including the costs of delivery (except for any additional costs arising from you choosing a method of delivery other than the low-cost standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods, or hand them over, to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall have to bear the direct cost of returning the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The mre provides information about the model form for the right of withdrawal in accordance with the statutory regulations:

Template form for right of withdrawal
(If you wish to revoke the contract, please complete this form and return it to us at:)
Museum Reinhard Ernst gGmbH, Wilhelmstraße 1, 65185 Wiesbaden, Germany, e-mail: info@museum-reinhard-ernst.de
I/We (*) hereby give notice that I/we (*) withdraw from the contract concluded by me/us (*)
regarding the purchase of the following goods (*)/the supply of the following service (*)

  • Ordered on (*)/received on (*)
  • Order or invoice number
  • Customer(s)’ name(s)
  • Customer (s)’ address
  • Customer (s)’ signature (only if this form is submitted on paper)
  • Date
    (*) Delete as applicable

§ 9 Warranty against Material Defects, Guarantee

The mre is liable for material defects pursuant to the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code. For entrepreneurs, the warranty period on goods delivered by the supplier is twelve months.

An additional guarantee only exists for the goods delivered by the mre if such guarantee has expressly been provided in the order confirmation for the respective item.

§ 10 Liability

Any claims for damages by the Customer shall be excluded. This shall not apply to claims for damages by the Customer arising from injury to life, limb, or health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the mre, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

In the event of a breach of major contractual obligations, the mre shall only be liable for the foreseeable damage typical of the contract if the damage was caused by simple negligence, except in the case of claims for damages by the Customer arising from injury to life, limb or health.

The exceptions specified in the above paragraphs shall apply to the same extent in favour of the mre’s legal representatives and vicarious agents if claims are asserted directly against them.

The limitations of liability arising from paragraphs 1 and 2 shall not apply insofar as the mre fraudulently concealed the defect, or has assumed a guarantee for the quality of the item. The same applies if the mre and the Customer have entered into an agreement on the properties of the item. The provisions of the Product Liability Act shall remain unaffected.

Die Einschränkungen der vorstehenden Absätze gelten auch zugunsten der gesetzlichen Vertreter und Erfüllungsgehilfen des mre, wenn Ansprüche direkt gegen diese geltend gemacht werden.

Die sich aus den Absätzen 1 und 2 ergebenden Haftungsbeschränkungen gelten nicht, soweit das mre den Mangel arglistig verschwiegen oder eine Garantie für die Beschaffenheit der Sache übernommen hat. Das Gleiche gilt, soweit das mre und der:die Kund:in eine Vereinbarung über die Beschaffenheit der Sache getroffen haben. Die Vorschriften des Produkthaftungsgesetzes bleiben unberührt.

§ 11 Offsetting and Rights of Retention

Offsetting against the museum’s claims shall only be permitted if the claims are undisputed, or have been legally established.

The above regulation shall not be applicable to Customers.

§ 12 Data Processing/Data Protection

We shall always process the customer’s personal data in accordance with the General Data Protection Regulation, and in accordance with the specific data protection regulations applicable to the mre in Germany. When the Customer books a product via our website, we shall store the information provided (name, e-mail address, if applicable, name and age of the participating child or adult, street, house number, postal code, city, telephone number, and, if applicable, special features specified) for the purpose of processing the order, for possible follow-up questions, for preparing and implementing the respective event, and for protecting the legitimate interests of the mre with regard to implementing the offers. The Customer authorises the mre to pass on this data to third parties commissioned to carry out the contract.

A detailed explanation of our Privacy Notice can be found here.

§ 13 Advertising

When mentioning the museum in announcements of all kinds (including digital announcements), only the name of the mre in the original lettering (wordmark) and the original logo must be used. The organiser may request these from the mre. Any use beyond this shall not be permitted.

Setting up or installing advertising boards, posters, or the like in the mre building or on the premises shall only be permitted based on a separate agreement with the mre.

§ 14 Final Provisions

Contracts between the mre and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory regulations in particular of the country in which the Customer has their habitual residence as a consumer shall remain unaffected.

If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the mre shall be the mre’s registered office.

Even if individual items of the contract should prove legally invalid, the remaining parts of the contract shall remain binding. The ineffective items shall be replaced by the statutory provisions, where available. However, should this represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

These General Terms and Conditions of the Reinhard Ernst Museum shall apply from 6 May 2024.

D32/151-24