General Terms and Conditions ("GTC") of Thyssen-Bornemisza
Art Contemporary Privatstiftung (private foundation), ("TBA21")

(March 2016)


These general terms and conditions ("GTC") of TBA21 apply to the sale and delivery of goods by TBA21 via the website ("web shop"). By placing an order you agree to accept and to be bound by the GTC of TBA21.


The offers on the web shop of TBA21 are without obligation and non-binding; prices may be subject to changes and errors.

You can place your order(s) via the German or English version of the web shop; irrespectively, the contract is entered into in German language and the English version serves as a convenience version only.

During the order process (and until clicking on the ordering-button) you may at any time change, correct or delete selected items from your shopping cart by clicking on the ["remove"] box. Prior to your final click on the ordering-button, a shopping cart summary with an overview of your selected items (including main characteristics of those goods, total price and shipping costs) as well as the terms of delivery and accepted means of payment of TBA21 will be shown. By clicking on the ordering-button you confirm your binding order that implies an obligation to pay.

After you have placed an order you will receive an e-mail confirming your placed order on the web shop of TBA21. Please note that an order does not constitute acceptance of your order by TBA21. Your order will be processed within [5] working days. In case (some of) the ordered goods are not available or TBA21 is unable to deliver them for other reasons, TBA21 will inform you within [14] days from the date of receipt of your order.

Your order will be deemed accepted by TBA21 with shipment of the ordered good(s).


TBA21 is not subject to VAT; prices indicated on the web shop therefore do not contain VAT. Prices listed on the web shop include all additional costs and expenses, but exclude freight/delivery charges and duties unless otherwise stated.

TBA21 will notify you via e-mail of any changes prior to shipment of your order.

Payment (methods)

Payment can be made by Credit Card.


TBA21 will use its best efforts to deliver its goods to customers all over the world. However, some items may only be shipped within the European Union. If you request delivery outside the EU territories, we kindly ask you to contact us via e-mail [e-mail] prior to ordering. We will then inform you about whether and on what terms a delivery can be made.

Freight/shipping costs are determined by the place of delivery, weight and volume as well as your favored method of shipment. An overview of current delivery costs can be found on the web shop.

Shipment is processed by [Austrian Postal Service (Österreichische Post AG)] unless stated otherwise on the web shop.

TBA21 retains title of ownership to any (delivered) goods until they have been paid in full.

Delivery Times

Depending on the respective mailing route, delivery within the EU usually takes approximately [**] days; shipment to countries outside the EU or overseas approximately [**] days. There may be delays in some cases.


The warranties for our goods are governed by the applicable statutory laws.

Right of Withdrawal

You have the right to withdraw from your order – without giving any reason for withdrawal –within 14 days after receipt of your order.

To exercise your right to withdraw, you have to inform TBA21 by transmitting an explicit declaration of your decision to withdraw from the contract and order. For this, you may use the model withdrawal form made available on the website of TBA21under [link]; however, the use of provided form is not mandatory. Please send us a notification of withdrawal before the end of the 14 day period to [e-mail], via fax to [+43 1 513 98 56 22] or via post to [Köstlergasse 1, 1060 Vienna, Austria].

In the case of withdrawal, the unused and undamaged goods must be sent back to TBA21 immediately or not later than within 14 days of exercising your right to withdraw from the order to [Köstlergasse 1, 1060 Vienna, Austria].

The actual freight/shipping costs for returning the goods must be borne by you.

You will be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

Upon withdrawal from the contract, all payments received by TBA21 in connection with the respective order (including the freight/shipping charges, but excluding any freight/shipping costs for the returns or costs incurred due to a more expensive delivery type you have expressly opted for) will be reimbursed to you without undue delay and in any event not later than 14 working days from the day on which you have informed us about your decision to withdraw from the contract. Unless otherwise agreed, TBA21 will use the same means of payment as used by you for your initial transaction to reimburse payments of order. TBA21 may withhold reimbursement until we have received the goods back or until you have supplied evidence of having returned the respective goods.

Data Protection

All customer data provided by you in connection with the web shop registration will only be used for processing your order(s) on the web shop of TBA21. In no event, personal data will be passed to third parties.

The transfer of your data is made using a [SSL-encryption].

Jurisdiction and Applicable Law

Place of performance and jurisdiction is, to the extent permitted under applicable laws, Vienna. These GTC as well as the contracts entered into hereunder are governed by Austrian law.


TBA21 reserves the right to amend and update these GTC at any time. These GTC apply in their version made available the time of your order shall (accessible via [link]).



Art Contemporary Privatstiftung

Köstlergasse 1

1060 Vienna, Austria

T +43 1 513 98 56-0

F +43 1 513 98 56 22


commercial register number

FN 225876x - Handelsgericht Wien (Commercial Court of Vienna)

Foundation board

Francesca von Habsburg-Lothringen
Udo Kittelmann
Istvan Nagy

subject of enterprise

Private Foundation for the purpose of active promotion of art and support of contemporary art productions as well as commissioning and dissemination of ambitious, experimental and unconventional art projects