General Terms and Conditions for Participation in the Zeichenfabrik Summer Academy

Version: September 5, 2024

1. Scope

These General Terms and Conditions ("GTC") govern the legal relationships between Zeichenfabrik Ausbildungsstätte für Kunst GmbH ("Zeichenfabrik") and its customers. The customer (hereafter referred to equally as "customer") declares to have read and accepted these GTC.

Deviating conditions of the customer will only be recognized if explicitly confirmed in writing by Zeichenfabrik. Conflicting GTC of customers are thus considered not agreed upon and are invalid unless expressly acknowledged and confirmed in writing by Zeichenfabrik.

Zeichenfabrik reserves the right to change these GTC at any time. Changes and/or new versions will be announced on the website www.zeichenfabrik.at and by posting them at the business address 1150 Vienna, Flachgasse 35-37/4-5.

2. Service

Zeichenfabrik organizes and conducts the Zeichenfabrik Summer Academy for Art and Creativity, consisting of workshops, accommodation, and meals ("Summer Academy"), in exchange for a fee ("Participation Fee"). The didactic content is delivered by third parties ("Instructors") engaged by Zeichenfabrik. Zeichenfabrik assumes no liability for the accuracy and content of the instruction. The Summer Academy takes place at the venue "Haus Nummer 10," Pokrzywnik 10, 59-623 Lubomierz, Poland.

3. Participation and Payment Terms

The offer from Zeichenfabrik to participate in the Summer Academy is non-binding. In case of a participation request ("Inquiry") from the customer, Zeichenfabrik will send an offer via email. The customer can conclude a binding contract with Zeichenfabrik by sending an order confirmation within 7 working days after receiving the offer ("Contract Conclusion").

Upon contract conclusion and receipt of the invoice from Zeichenfabrik, the customer is obliged to pay the participation fees. The participation fees are due upon receipt of the invoice. The following payment terms apply: The customer shall make a down payment of 20% of the participation fee within 14 days after receiving the invoice. The remaining 80% of the participation fee is due no later than 6 weeks before the start of the Summer Academy. Zeichenfabrik may withdraw from the contract if the down payment is not made within 2 weeks after receiving the invoice.

All payments must be made to the following account:
Zeichenfabrik Ausbildungsstätte für Kunst GmbH, IBAN: AT93 2011 1291 2318 4400, BIC: GIBAATWWXXX

If the customer registers third parties for participation, they explicitly declare that they are authorized to register these third parties.

4. Cancellation Policy

The customer may declare the cancellation of the contract up to 6 weeks before the start of the Summer Academy. The cancellation must be made in writing. In this case, Zeichenfabrik will not charge a processing fee and will refund any payments made by the customer. If the customer declares in writing no later than 4 weeks (receipt by Zeichenfabrik) before the start of the Summer Academy that they do not wish to adhere to the contract, Zeichenfabrik grants a discount of 50% of the participation fee. In the event of a later declaration or no-show, the full participation fee is due.

Zeichenfabrik may withdraw from the contract if it becomes apparent before the start of the Summer Academy that fewer than 12 customers will participate. For the withdrawal to be effective, Zeichenfabrik must send the withdrawal declaration to the relevant customers no later than 6 weeks before the start of the Summer Academy. Any payments made by the customer will be refunded by Zeichenfabrik in this case.

The customer cannot claim a refund in the form of payment or time for any workshop cancellations due to force majeure. The customer has no right to be instructed by specific instructors. If an instructor can only partially or not at all take over the teaching of the course, Zeichenfabrik is obligated to provide an adequate replacement.

5. Insurance and Liability

The customer is required to ensure adequate insurance coverage themselves. We recommend taking out travel health insurance and personal liability insurance. Zeichenfabrik assumes no liability for damages or costs resulting from insufficient or missing insurance coverage. Participation in the Summer Academy is at the participant's own risk.

6. Retention of Title

All instructional materials remain the property of Zeichenfabrik until the participation fee has been paid in full. After that, customers automatically acquire ownership of the materials used by them during the Summer Academy to create a work. All works created during the Summer Academy remain the intellectual property of the customer. However, Zeichenfabrik may use these for promotional and documentation purposes at its discretion and without further consultation.

7. Storage of Personal Data

Zeichenfabrik is entitled to store and process the personal data obtained in the course of the business relationship with the customer, whether provided by the customer or by third parties, within the meaning of the Data Protection Act. As long as contracts between Zeichenfabrik and the customer have not been fully fulfilled by both parties, the customer is obliged to regularly update the data provided by them. The customer authorizes Zeichenfabrik to disclose the personal data stored about them to third parties, provided this is objectively useful for Zeichenfabrik's business activities. Upon written request, customer data will be deleted or changed from Zeichenfabrik's database, provided there are no outstanding claims against the customer.

8. Copyright / Trademark Rights

The owner of all trademarks used on the website www.zeichenfabrik.at and at the company's headquarters is Zeichenfabrik, unless otherwise explicitly indicated. Third parties are prohibited from using and exploiting all trademarks, logos, designs, and signs without prior written consent from Zeichenfabrik.

9. Severability Clause

Should individual provisions of these GTC be legally invalid, this shall not affect the validity of the remaining provisions and the contracts concluded based on these conditions. Instead of any possibly invalid provision, a regulation shall apply which comes as close as legally permissible to the economic purpose of the invalid provision.

10. Choice of Law

All legal relationships that are established between Zeichenfabrik and the customer based on these GTC are subject to substantive Austrian law, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and excluding the referral norms of international private law.

11. Jurisdiction

For all disputes arising from the legal relationship between the contractual partners, the court with jurisdiction at the seat of Zeichenfabrik shall have exclusive jurisdiction. For consumer transactions, the provisions of the Consumer Protection Act (KSchG) apply.

12. Provider Information

Zeichenfabrik Ausbildungsstätte für Kunst GmbH
Business address: Flachgasse 35-37/4-5, 1150 Vienna
Phone: +43 (0)1 786 4050
Email: buero@zeichenfabrik.at
Internet: www.zeichenfabrik.at
Legal form: Limited Liability Company
Company headquarters: Vienna
Company registration number: FN 468014 g
Commercial court: Commercial Court Vienna
Chamber affiliation: WKO Vienna
VAT ID: ATU72060235

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Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the conclusion of the contract.

To exercise your right of withdrawal, you must inform Zeichenfabrik of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the model withdrawal form provided, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, Zeichenfabrik will refund all payments received from you, including any delivery costs, without undue delay and in any event not later than fourteen days from the day on which Zeichenfabrik is informed of your decision to withdraw from this contract. Zeichenfabrik will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.