Terms & Conditions

These general terms ("Terms") apply to all contracts in relation to a purchase of the Honorary Kiss Patronage package (the "Package") on thekisslegacy.com The Package is offered to the buyer ("Customer") by OwnerChip GmbH ("OwnerChip"), having its seat in Vienna and the business address Gertrude-Fröhlich-Sandner Straße 2-4, SPACES Icon Tower 9, 1100 Vienna, Austria, registered in the commercial registry of the Commercial Court Vienna under FN 591426 w. The Customer and OwnerChip together are referred to as the "Parties".

These Terms apply to Customers which qualify as "Consumers" in the meaning of Art 2 no 1 of the Directive 2011/83/EU (Consumer Rights Directive) and the Austrian Consumer Protection Act (Konsumentenschutzgesetz) as well as Customers who qualify as "Business Clients". Where clauses of these Terms apply only to Consumers or Business Clients, this is expressly indicated. For Business Clients, individual agreements, if any, concluded by OwnerChip and the respective Business Client apply additionally to these Terms.

OwnerChip concludes contracts in relation to the Package exclusively subject to these Terms in their most recent applicable version at contract conclusion. By placing an order in relation to the Package, Customers agree to be bound by these Terms, including additional terms and conditions and policies referenced herein or available by hyperlink, making these Terms mutually agreed and applicable to the contract concluded. Customers have the possibility to carefully study these Terms before entering into a contract. Further, these Terms are provided electronically and in a manner that allows for simple storage on a permanent data carrier.

General terms and conditions of third parties, such as of Customers, shall only apply in the event of an express separate written confirmation by OwnerChip. This also applies in the event that a Customer bases the conclusion of a contract on own terms and conditions, even if OwnerChip does not object to such third-party terms upon knowledge.

All the offers presented on the website thekisslegacy.com are only addressed to customers within the Peoples' Republic of China and the special administrative region of Hong Kong. The webshop will guide the Customer through the ordering steps until the purchase is completed.

First the Customer can choose the number of Packages to be purchased. The total to be paid will be adapted accordingly. The number can be changed at any time before placing the order by going back and altering the number of packages.

After clicking on "Continue to Payment" the Customer is asked to provide their contact details and choose among the payment options.

Since the Package includes personalized items, e.g. an Honorary Patronage certificate and invitations, the Customer is asked to check the data provided before submitting the offer.

By pressing the "Back" buttons choices and entries may be corrected at any time. The order process can be cancelled at any time by closing the browser.

In most cases, delivery is executed within a few hours. In rare cases, delivery may take up to five working days.

Customer shall check the items immediately upon receipt and, in the event of a complaint, notify OwnerChip as soon as possible at the email address support@thekisslegacy.com. Customer shall add as accurate a description as possible.

The price shown in the order summary shall apply. Prices are in EURO. Any costs resulting from currency conversions are to be borne by the Customer.

All prices are net, as VAT does not apply for purchases of the Package.

Customer agrees to receive electronic invoices. Customer automatically receive payment receipts upon purchase. Invoices can be requested by email via the support function.

Customer acknowledges that they are not granted any rights to use the name, logo, trademarks, designs, images ("IP") contained in the Package, in particular but not limited to "Klimt", "The Kiss", and "Belvedere", unless expressly permitted. Customer is allowed to use IP solely for their own personal non-commercial purposes, and only unaltered, e.g. as a part of certificates or other documents that they purchase under these Terms.

Customer may not:

• copy, modify, or create derivative works based on IP;
• distribute, transfer, sublicense, lease, lend, or rent the IP to any third party; or
• modify, reverse engineer, decompile, or disassemble the IP.

OwnerChip shall only be liable for any damage incurred by a Consumer for itself and its vicarious agents (Erfüllungsgehilfen) – regardless of the legal reason including tort – if OwnerChip or its vicarious agents have culpably violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to gross negligence (grobe Fahrlässigkeit) or intent (Vorsatz) of OwnerChip or its vicarious agents. If the culpable violation of an essential contractual obligation (cardinal obligation) is only slightly negligent, the liability of OwnerChip is limited to such typical damage that was reasonably foreseeable for OwnerChip at the time of the conclusion of the contract. This limitation of liability also applies to the extent of damage. In the aforementioned cases, the liability for a financial loss is limited to EUR 5,000. The aforementioned limitations of liability do not apply in the absence of warranted characteristics.

OwnerChip shall not be liable for any damage or loss incurred by a Business Client in connection with the Offers unless such damage was caused by OwnerChip with intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit).

Some items of the Package entitle their owner for services provided by the Belvedere Museum (Österreichische Galerie Belvedere, Wissenschaftliche Anstalt öffentlichen Rechts, Prinz-Eugen-Straße 27, 1030 Wien). Such services are rendered solely by the Belvedere Museum. For such third-party offers the Terms & Conditions and the House Rules of the Belvedere shall apply. OwnerChip is not a contractual partner to the Customer relating to these third-party offers and takes no responsibility for the performance of these third-party offers.

NFTs that are offered as a part of the Package are sold directly and solely by the Österreichische Galerie Belvedere. Sale and transfer are subject to the terms of service

Personal data of Customers will be processed in accordance with our privacy policy. Detailed information on the processing of personal data can be found in our privacy policy.

The failure of OwnerChip to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under these Terms shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect OwnerChip's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded.

The place of performance is Vienna, Austria.

If Users need to address any issues or concerns in connection to OwnerChip, the OwnerChip Apps or its services, they can do so by contacting support@thekisslegacy.com. Both parties, Users and OwnerChip respectively, agree to undertake reasonable efforts to settle any dispute, claim, question or disagreement primary and directly through consultation and good faith negation before any party takes further legal measures.

The Terms and any business relationship hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria excluding the provisions of the United Nations Convention on the International Sale of Goods and excluding the conflict of law rules of Austrian private international law. For Consumers, this only applies insofar as the law of their country of residence does not grant them a more favorable legal position vis-à-vis OwnerChip in the individual case.

Any and all contractual and non-contractual disputes, divergences or claims between OwnerChip and Users shall be exclusively dealt with the court having pertinent competence for 1100 Vienna, unless in the case of Consumers consumer protection laws allow for other places of jurisdictions for Consumers.