GENERAL CONDITIONS FOR THE USE OF THE GUGGENHEIM-BILBAO.ES WEBSITE
GMBF is a registered foundation with Tax ID Code number G-48832240, recorded in the Registry of Foundations of the Basque Country, entry number F-17. The contact details are as follows:
- Street address: Abandoibarra Etorbidea, 2, 48009 Bilbao;
- E-mail address: email@example.com;
- Telephone number: (+34) 944359000;
- Fax number: (+34) 944359010.
2. USE OF THE GUGGENHEIM-BILBAO WEBSITE
Except as otherwise stipulated in the Particular Conditions, the use of the Guggenheim-bilbao website is free, notwithstanding any connection fee charged by the telecommunications service provider.
The User acknowledges and voluntarily and expressly accepts that the use of the Guggenheim-bilbao website is made under his/her sole and exclusive responsibility at all times
The User undertakes to use Guggenheim-bilbao in a manner which does not cause damage to the image, interests or rights of the GMBF or any third party, or which may damage, render useless or overload the Guggenheim-bilbao, or which may in any way impede the normal use of the Guggenheim-bilbao website.
GMBF takes reasonably adequate security measures to detect the existence of viruses. However, the User must be aware that the existing security measures for computer systems on the Internet are not entirely reliable and that GMBF cannot guarantee the absence of viruses or any other harmful elements may cause alterations to the computer systems of the User (hardware and software) or to his/her electronic documents and files contained therein.
The Contents of Guggenheim-bilbao are made available to the User by GMBF using information taken from its own sources and resources provided by third parties.
The GMBF endeavours to ensure that the contents are of the highest possible quality and are reasonably updated. However, the GMBF does not guarantee the usefulness, accuracy, completeness or relevance of the Contents and/or whether such Contents are up to date.
2.3 Industrial and Intellectual Property Rights
2.3.1 General terms
All of the contents on the Guggenheim-bilbao website, including but not limited to text, diagrams, images, web design, and any intellectual property rights which may correspond to said content, as well as brands, commercial names or any other distinctive symbols, are the property of GMBF or its legitimate owners. All rights reserved. © FMGB Guggenheim Bilbao Museoa │ Reproduced Works © the authors © FMGB Guggenheim Bilbao Museoa © VEGAP, Bilbao.
Without prejudice to any other intellectual property rights, the graphic representation of the Guggenheim Museum Bilbao building is a registered trademark owned by the GMBF. It therefore has exclusive rights to the use, reproduction public communication or distribution, and to impede its use by unauthorized third parties. It is strictly forbidden to reproduce of any images of the Guggenheim Museum Bilbao in any format for any purpose without prior written consent from the GMBF.
The User may visualise and obtain temporary private copies of the Contents for exclusive and private use in his/her computer systems (hardware and software), provided that the intended purpose is not to develop any commercial or professional activities. The User may not obtain or attempt to obtain the Contents through any means or procedures other than those intentionally made available to him/her or indicated for that purpose, or which are normally used on the Internet (provided that the latter do not imply a risk of damage or uselessness for Guggenheim-bilbao). The User shall respect at all times all of the intellectual and industrial property rights existing over Guggenheim-bilbao, whether owned by the GMBF or by third parties. Unauthorized use of materials and information contained on this website may constitute a violation of intellectual or industrial propery rights and other applicable laws.
2.3.2 Informational uses by the media
The GMBF offers images of the building and/or the works of art to communication professionals duly registered with the Press Office. Such images are to be used strictly for informational purposes, as set out under article 35 of the Revised Intellectual Property Act.
Photographs of the building and/or works of art are provided for informational purposes only and may not be reproduced, published or distributed for any other purpose, except with prior written consent by GMBF.
The graphic representation of the Guggenheim Museum Bilbao building is a registered trademark belonging to the GMBF, ownership of which gives it the exclusive right to economic exploitation. All photographs of the Museum building and their associated copyrights are the property of the GMBF. All reproduced photographs must be credited with © FMGB Guggenheim Bilbao Museoa, followed by the place and year of reproduction.
The use of images of artworks is subject to the applicable law and, in particular, to the Revised Intellectual Property Act. The users of these images are responsible for obtaining the necessary permits and/or licenses and for paying any royalties or copyright fees to the legitimate owners or their representatives. All reproductions of images of works of art must be properly credited.
The photographs must be reproduced in whole. Superimposing images, letters, text and the like is prohibited. Any partial reproduction requires the written consent of the GMBF and/or of the copyright holder of the work of art.
The GMBF shall not be held responsible for losses or damages arising from the unlawful use of reproductions of works of art by unauthorized third parties or for the infringement of any other legal provision by such third parties.
2.4 Hyperlinks and Linked Websites
In order to include a hyperlink or a technical linking device (e.g. a link or a button) to Guggenheim-bilbao from their website (the ‘Hyperlink’), the User or any other natural or legal person must request written authorization from GMBF.
The establishment of the Hyperlink does not, under any circumstance, imply the existence of relations between the GMBF and the owner of the website or page on which the Hyperlink is established, or the acceptance or approval by the GMBF of its contents or services.
In any case, the GMBF reserves the right to prohibit or disable at any time any hyperlink to the Guggenheim-bilbao website, particularly in the event of illegal actions or lack of suitability of the activity or the contents in the website on which the hyperlink is included.
2.4.2 Linked Sites
Guggenheim-bilbao makes available to the User, solely for the search of, and access to, information, contents and services available on the Internet or through linking technical devices (for instance, links or buttons), allowing the User to access websites or Internet portals belonging to or managed by third parties (the “Linked Sites ”).
The GMBF does not offer or market, either directly or through third parties, the information, contents and services available in the Linked Websites, nor does it endorse, supervise or control in any way the contents, services or any material of any nature existing therein. The User is solely responsible for browsing the Linked Sites.
3. LIMITATION OF LIABILITY
The GMBF does not guarantee the availability, continuous operation and error-free service of the Guggenheim-Bilbao.es website, and accordingly excludes, to the maximum extent permitted by applicable law, any liability for damages of any kind that may be due to lack of availability or continuous operation of Guggenheim-bilbao and the Services enabled on the website, as well as the errors in access to different websites or those from which said Services are provided.
The GMBF is exempt from any liability for damages of all kinds that may arise from the services provided by third parties through this website and for the media enabled thereby to manage applications for service and, including but not limited to: any act of unfair competition and unlawful advertising resulting from services provided by third parties through the Guggenheim-bilbao website; any lack of veracity, accuracy, completeness and/or timeliness of the content transmitted, distributed, stored, received, obtained, or made available through the services provided by third parties through the Guggenheim-bilbao website.
4. TERMS AND CONDITIONS FOR THE ONLINE STORE
To be able to make a purchase through the online Guggenheim Museum Bilbao Gift-Bookshop (the “Online Store”), the User must first register by creating a "User Account”.
The User must take the following information into account when using the Online Store.
4.1 Buying at the Online Store
Step 1. The items available in the online store are grouped into categories (including, but not limited to, Guggenheim Bilbao, T-shirts, Jewelry, Accessories, Decoration, Stationery, Kids, Books, and Exhibitions). Every category includes subcategories for a more user-friendly layout.
By clicking on the subcategory, the User can view the different items available on the Online Store. By clicking on the product name, the User will find detailed information on the particular item.
Step 2. After selecting the article and indicating the color and size, if applicable, and the number of items the User wishes to purchase, click on the “Add to cart” option. The User will be re-directed to the order page, with a list of the items selected for purchase. The User will always have the option to go back and continue shopping (by clicking the “Continue shopping”) or finalize the order (by clicking the “Checkout” button).
To continue shopping, the User can go to their shopping cart at any time, clicking the button in the top menu bar and checking the status of their order whenever they want. In addition, a box at the top of the page shows the number of items in their cart.
Step 3. After reviewing all the items in the cart, the User can proceed to checkout, filling in their billing and shipping information in the Billing Information tab.
Step 4. The items in the cart and the shipping information are shown for review. Registered Users can even make changes.
Only credit card payment is accepted for Online Store purchases. The User then clicks on the “Place order” button and is transferred to a page to enter payment details. This process is done using a secure payment gateway issued through a bank, which means that the information provided by the User is recorded in the files of the GMBF even if the payment is not completed.
The transmission of ownership of the goods purchased will take place when the order is delivered to the address indicated by the User in the corresponding form.
Step 5. When the process is finalized, a “Confirmation” screen will display the details of the order, which the User can print by clicking the “Printable version” button. In any event, the User will receive confirmation of the order at the e-mail address provided.
Registered Users can view their full orders at any time, going to My Account.
If Users have any questions about the purchase process, they should contact the Online Store by any of the methods below:
- Phone: (+34) 94 403 91 37 (Monday to Friday during office hours)
- Fax: (+34) 94 435 90 55
- E-mail: firstname.lastname@example.org
Also, the User can contact Guggenheim-bilbao, ask questions or report incidents.
4.2 Relevant information on the Online Store
4.2.1 Delivery conditions
The Online Store makes an effort to provide the best possible service to Users and customers. To this end, shipping is available to any country in the world.
Shipment time from warehouse
The item(s) will leave the warehouse within 48 hours (unless out of stock). If the order is placed on a Friday, the items will be shipped out on the following Monday.
From the moment the order is consigned to the courier company, all efforts will be made to deliver the goods to the User as quickly as possible. However, the GMBF cannot provide a precise delivery date for any order since it will depend on the delivery conditions of the particular country.
The prices of the products available through the Online Store and are displayed on the Guggenheim-bilbao website automatically include Value Added Tax (“VAT”). This tax is applicable only to Users residing in the European Union, and does not reflect delivery charges.
4.2.3 Delivery charges
Deliveries are performed by a private delivery company which determines the shipping costs. The final cost of delivery will be provided in the confirmation e-mail for the order and will be paid in its entirety by the User. The User is advised that the GMBF is not aware of or responsible for any other charges or taxes that are incurred as a result of international delivery.
4.2.4 Returns policy
Right to return goods
The User has 15 calendar days from the date of reception of the order to to desist from the contract. In such an event, the User is responsible for any additional delivery costs that may apply.
Pursuant to applicable law, the User may return items without being subject to any formalities, and any legally admissible form will be sufficient, provided that the items are returned within the period of time stipulated in the previous section.
The User's right to return products is not applicable for purchases on sound or video recordings, CDs, graphic, literary and/or periodical publications, or on computer programs that have been unsealed by the user, or computer files transmitted electronically, downloaded or immediately reproduced for permanent use.
If any item is supplied in error or faulty upon delivery, the User shall have 15 calendar days from the date of delivery to notify the GMBF. In this case, the item will be replaced. The may make use of the corresponding form or call (+34) 94 403 91 37.
The GMBF shall only reimburse the cost of the item when the error is made by the GMBF or if the item is faulty.
Cancellation of an order
Orders can be cancelled at no charge before they are shipped. To cancel an order, the User must fill in the contact form or call (+34) 94 403 91 37.
Community is a space to make contacts and enjoy the Museum in a different way. Community members contribute to GMBF and get benefits in return, according to various categories:
At Guggenheim-bilbao, GMBF gives Users the chance to become Museum Members through various channels. Membership fees, in the form of a donation, can be paid through your bank account (entering a bank account number) or by credit card.
To learn about the benefits of the membership program, click here.
There is a special section for Museum Members in Guggenheim-bilbao with exclusive contents and services.
At Guggenheim-bilbao, Users can also become Museum Followers, filling in a registration form that gives access to special contents and benefits. To learn about the benefits of the Followers’ program, click here. There is a special section for Followers in Guggenheim-bilbao.
6. DATA PROTECTION
7. DURATION AND TERMINATION
The services provided by Guggenheim-bilbao are, in principle, indefinite. Nevertheless, the GMBF is authorized to terminate or suspend the Service or any part of the Service at any time without prior notice, subject to any contractual obligations with Users. The termination of the Service or part of the Service offered on the Guggenheim-bilbao website does not require prior notice by the GMBF, subject to any contractual obligations with Users, whenever it is reasonably possible.
8. ASSIGNMENT OF CONTRACT
The User may not assign the Contractual Relationship, totally or partially, or the rights or obligations arising therefrom without prior written authorization from the GMBF.
GMBF may assign the Contractual Relationship, totally or partially, and the rights or obligations arising therefrom to any third party of its choice without prior written authorisation from or communication to the User.
10. CHANGES IN CONTRACTUAL RELATIONSHIP
12. APPLICABLE LAW AND JURISDICTION