1.1 The Österreichische Galerie Belvedere is a Scientific Institution under Austrian Public Law (“Wissenschaftliche Anstalt öffentlichen Rechts”) with its registered office in Vienna and its business address at Prinz Eugen-Straße 27, 1030 Vienna (hereinafter the “Belvedere“).
1.2 These Terms of Service (“ToS”) apply to the Dedication of “The Kiss” NFTs through the website thekiss.art as operated and provided by the Belvedere (the “Website”).
2. Dedication of your “The Kiss” NFT
2.1 Under the terms and conditions set forth in these ToS, the Belvedere will publish your name, a message to a recipient of your choice, and the recipient’s name on the Website [thekiss.art/search] next to your “The Kiss” NFT (the “Dedication”) until you or a future owner of the respective “The Kiss” NFT removes or changes the name, the message to the recipient and the recipient’s name. The Dedication is a one-time service in return for a one-time payment of the Dedication Fee and does not include the right to alter your Dedication.
2.2 The first Dedication for a “The Kiss” NFT will be free of charge. For any further Dedication or any change thereof the Belvedere will charge a Dedication Fee (see below Section 3).
2.3 The Belvedere has fulfilled its obligations from this contract once the Dedication has been published on the Website.
2.4 You may alter your Dedication at any time in return for the payment of the Dedication Fee.
2.5 You may delete your Dedication at any time at no cost. Once deleted, publishing a new Dedication is possible in return for the payment of the Dedication Fee.
2.6 Your Dedication must not contain information or language in violation of the law or in violation of the rights of third parties (e.g., the rights of the recipient of the message). In case you publish personal information of a third party in your Dedication (e.g., the recipient’s full name), you must obtain their consent prior to making your Dedication. In case you violate the aforementioned rules, the Belvedere reserves the right to delete your Dedication without notice and you shall have no right to reimbursement of the Dedication Fee.
3. Fees, payment
3.1 You may pay for your Dedication of “The Kiss” NFTs in EUR. The fee for the Dedication (the “Dedication Fee”) is EUR 25,00 including VAT.
3.2 The payment of the Dedication Fee will be processed exclusively by an external payment service provider. The external service provider may charge fees for its service.
4. Statutory right to withdraw from the contract
4.1 You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
4.2 In order to exercise your right of withdrawal, you must inform us (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz Eugen-Straße 27, 1030 Vienna, Telephone: 01795570, Email: email@example.com) by means of a clear declaration (e.g. mail or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
4.3 To comply with the withdrawal period, it is sufficient that you notify us of the exercise of the right of withdrawal before the end of the withdrawal period.
4.4 If you withdraw from this contract, we shall refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
4.5 If you have requested that we provide our service during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
4.6 Since our service is entirely fulfilled once the Dedication has been published on the Website, the Dedication Fee must be paid in full and you will receive no reimbursement, if the Dedication has been published before you exercise your right to withdraw from the contract.
5.1 You are responsible and fully liable in accordance with the applicable law for the information that you include in your Dedication. In particular, you are liable to the Belvedere in accordance with the applicable law for any damages incurred due to false, offensive, discriminative or otherwise illegal information that you include in your Dedication, including violations of Section 2.5 of these ToS the applicable data protection laws.
6. Data protection
6.1 The processing of your personal data is carried out in strict compliance with the applicable data protection regulations. You can find more information on this in our data protection declaration under https://thekiss.art/s/privacy.html.
7. Final provisions
7.1 Applicable law. These ToS and the contract between you and the Belvedere as well as any dispute arising out of or in connection to this relationship shall be governed by Austrian law with the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
7.2 Jurisdiction. Any dispute arising out of or in connection to these ToS or the agreement concluded between Belvedere and the user for the purchase of a „The Kiss NFT” are subject to the jurisdiction of the appropriate court in 1010 Vienna, except for a claim against a consumer, in which case the appropriate court at the consumer’s domicile or habitual residence shall have jurisdiction.
7.3 The place of performance is Vienna.