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GENERAL CONDITIONS FOR THE USE OF THE GUGGENHEIM-BILBAO.ES WEBSITE

1. OBJECTIVE

Below are the "General Terms of Use" under which any user may use the pages (including the mere access thereof) of the Guggenheim Museum Bilbao Foundation ("GMBF" – FMGB in its Spanish initials) website located at http://www.guggenheim-bilbao.es (“Guggenheim-Bilbao.es”), including the content and services made available for users on these pages. Guggenheim-Bilbao.es is a website wholly owned by the GMBF. Anyone who uses the Guggenheim-Bilbao.es website (“User”) agrees to all of the General Terms of Use in force at the time of accessing the 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: informacion@guggenheim-bilbao.es;
- Telephone number: (+34) 944359000;
- Fax number: (+34) 944359010.

The contents and services offered by the GMBF to the User on the Guggenheim-Bilbao.es website (respectively, the "Contents" and the "Services") may also be governed by particular conditions (“Particular Conditions”), such as agreements included in forms completed and validated by the User; in the event of a conflict, the Particular Conditions shall prevail over of the General Terms of Use. Every time the User makes use of a particular Content or Service, he/she agrees to the pertinent Particular Conditions.

Evert time the user makes use of the Guggenheim-Bilbao.es website he/she must carefully read the General Terms of Use and, where applicable, carefully read the Particular Conditions before using any specific Content or Service.

The GMBF reserves the right to change the presentation and configuration of the Guggenheim-Bilbao.es website and to modify the present General Terms of Use or the corresponding Particular Conditions at any time without prior notice.

The set of terms and conditions which result from the General Terms of Use and the various Particular Conditions applicable to every User with regard to the Guggenheim-Bilbao.es website shall be referred to as the “Contractual Relationship”.

 

2. USE OF THE GUGGENHEIM-BILBAO.ES WEBSITE

2.1 Use

Except as otherwise stipulated in the Particular Conditions, the use of the Guggenheim-Bilbao.es 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.es website is made under his/her sole and exclusive responsibility at all times

The User undertakes to use Guggenheim-Bilbao.es 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.es, or which may in any way impede the normal use of the Guggenheim-Bilbao.es 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.

 

2.2 Contents

The Contents of Guggenheim-Bilbao.es 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.es 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.

These General Terms of Use do not assign any industrial or intellectual property rights over the Guggenheim-Bilbao.es website or over any of the parts thereof. The User is therefore expressly prohibited to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use in any way and by any means or procedure, any part of the website, except when lawful to do so or when authorization has been provided by the holder of the relevant rights.

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.es). The User shall respect at all times all of the intellectual and industrial property rights existing over Guggenheim-Bilbao.es, 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

2.4.1 Hyperlinks

The User and, in general, any individual or legal person that intends to establish a hyperlink or a linking technical device (for instance, links or buttons) from its own website to Guggenheim-Bilbao.es (the “Hyperlink”) must obtain prior written authorization from the 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.es 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.es 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

Except where expressly stipulated in the present General Terms of Use or in the Particular Conditions, GMBF shall assume no liability for damages of any kind that may be due to lack of accuracy, completeness, timeliness, or to errors or omissions in any of the Contents or Services accessed through the Guggenheim-Bilbao.es website. The GMBF is likewise under no obligation or commitment to verify or monitor its contents and information.

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.es 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.es 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.es 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 Purchase Process in the Online Store

Step 1. All of the articles available in the Online Store are organized by category (including but not limited to: t-shirts, jewelry, accessories, decoration, stationary, prints, children, and books). Each category is further divided into subcategories for better product organization.

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).

If the User decides to continue shopping, he/she can check the status of the order at any time by clicking the “Shopping cart” button on the menu at the top of the page. In addition, on the top of each page the User will find a box which indicates the number of items currently in the shopping cart and the total cost of the order.

Step 3. After the User has finished selecting the items he/she wishes to purchase, the order is finalized by filling in the shipping and billing information.
If the User has not previously registered he/she must create a User Account and accept the Data Protection Policy of Guggenheim-Bilbao.es.

Step 4. The User will find a summary of the items in his/her shopping cart and the shipping information, both of which can be changed.

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.

The User can view a summary of his/her orders by selecting  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: tienda@guggenheim-bilbao.es
The User can also resolve his/her doubts or notify incidents by means of the “Customer Service” section of Guggenheim-Bilbao.es.

 

4.2 Relevant information on the Online Store

4.2.1 Delivery conditions

Worldwide delivery
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.

Delivery time
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.

4.2.2 Pricing

The prices of the products available through the Online Store and are displayed on the Guggenheim-Bilbao.es 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.

Returns policy
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 item in question shall be returned to the address provided in section 1 of the present General Terms of Use, to the attention of Online Shop / Returns.

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
With no additional charges, the User can cancel an order already placed as long as it has not reached the delivery stage. Cancellation of an item may be requested by using the contact form or by calling (+34) 94 403 91 37.

 

4.3 Acceptance of the General Terms of Use

The fulfilment and delivery of the order shall imply the full acceptance on the part of the User of all of the conditions established in the General Terms of Use and in the Particular Conditions.

 

5. MUSEUM MEMBERS PROGRAM

The Guggenheim Museum Bilbao Foundation (GMBF) welcomes its website users to become Museum Members through the Guggenheim-Bilbao.es website by completing the online registration form. You can make the paymentby credit card. The GMBF will keep bank details on file in order to renew memberships each year. All users may exercise their right to access, correct, cancel or amend their personal data or oppose the processing of their personal data at any time under the Data Protection Policy.
Website users can learn about the advantages of the program by clicking here. Users who join the program will have access to a section on Guggenheim-Bilbao.es specially designed for Museum Members, where they can enjoy Members-only Contents and Services.

 

6. DATA PROTECTION

Some of the Contents and Services on the Guggenheim-Bilbao.es website require Users to provide GMBF certain personal data (the “Personal Data”). GMBF will process the Personal Data automatically for the purposes outlined in the Data Protection Policy published in the URL The User must read and accept this policy when providing personal data.

 

7. DURATION AND TERMINATION

The services provided by Guggenheim-Bilbao.es 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.es 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.

 

9. COMMUNICATIONS

All communication between the parties shall be made in writing by post, fax or e-mail. Communication to the GMBF shall be sent to the addresses indicated in these General Terms of Use and communications to the User shall be sent to the contact details provided. Postal communications must include acknowledgement of receipt, and telegram, fax or e-mail communications must be duly delivered and received. All communications sent to the addresses provided by the Users will be considered to be correctly sent, unless the User has previously notified the GMBF of an address change at least 15 calendar days in advance.

 

10. CHANGES IN CONTRACTUAL RELATIONSHIP 

Users are aware that the GMBF can change the present General Terms of Use and Contractual Relationship at any time without being required to notify Users of such changes. Users should periodically read the General Terms of Use to know which version is applicable at any given time.

 

11. MISCELLANEOUS

The present General Terms of Use are the express manifestation of the intent of the parties and invalidate any verbal or written legal agreements previously reached by the User.

If any clause contained in the present General Terms of Use is declared null, the remaining clauses shall remain fully valid and effective, which will be interpreted and applied in such a way as to be as close as possible to the original meaning and intention of the ineffective clause.

The failure of either of the parties to require performance of any provision in the present General Terms of Use shall not affect the right to require such performance of the same or any other provision in the future. A delay or omission by the parties in exercising any of their rights according to the General Terms of Use does not constitute a renunciation of these rights.

 

12. APPLICABLE LAW AND JURISDICTION

The present General Terms of Use and the Contractual Relationship shall be governed by Spanish law.

Except in the case of consumers and users, who shall ge governed by the applicable law, the Users and GMBF expressly waive their right to any other jurisdiction, and submit to the judges and courts of the city of Bilbao, Spain, for any dispute regarding the validity, effectiveness, compliance, interpretation, execution of the General Terms of Use and the Contractual Relationship, or any other related matter.

DATA PROTECTION POLICY FOR THE GUGGENHEIM-BILBAO.ES WEBSITE

This personal data protection policy (the “Data Protection Policy”) forms part of the General Conditions of the website under the www.guggenheim-bilbao.es (“Guggenheim-Bilbao.es”) domain name. Any term used which is not expressly defined in the Data Protection Policy will have the meaning attributed by the General conditions.
This Data Protection Policy regulates the collection and later handling of Users’ personal data by Fundación del Museo Guggenheim Bilbao (“FMGB”), resulting from accessing and using Guggenheim-Bilbao.es.

 

1. PERSONAL DATA

In accordance with Organic Law 15/1999, of 13 December, on Personal Data Protection, its Regulation of Development 1720/2007, of 21 December, and Law, of 11 July, on services of the association for electronic information and commerce, any information concerning identified or identifiable physical individuals which the User provides FMGB voluntarily will be considered “Personal Data”, being treated under FMGB’s responsibility and added to automated files owned by FMGB.

FMGB is a foundation with Tax Identification number G-48832240 and is registered in the Basque Country’s Foundations Registry with number F-17. Its contact data is:
- Address: Abandoibarra Etorbidea, 2, 48009 Bilbao;
- E-mail address: informacion@guggenheim-bilbao.es;
- Telephone number: +(34) 944359000;
- Fax number: +(34) 944359010.

FMGB will provide the User the necessary information so that the latter can provide his/her prior consent, in order for FMGB to proceed with the processing of his/her personal data.

Unless otherwise stated in the data collection forms contained in Guggenheim-Bilbao.es, the collection and treatment of Personal Data will only be to attend and manage, in each case, the request the User makes through Guggenheim-Bilbao.es.

In particular, said purpose can be:

(i) to manage the Contractual Relationship and its compliance, and verify the compliance of the General and Special Conditions that the User has accepted at each moment in relation with his/her use of Guggenheim-Bilbao.es (for example, to purchase products at our Online Shop, etc.);
(ii) conduct studies on satisfaction, updating data and the publication of draws in which the User participates or images of different User activities which form part of the Museum Members Program;
(iii) to attend to applications, queries or suggestions the User presents to FMGB through Guggenheim-Bilbao.es;
(iv) to manage the User’s publicity preferences; and
(v) to comply with the legal obligations which correspond to FMGB.

The Personal Data obtained from the User in the forms will be obligatory unless it is indicated in the corresponding form. In the case where the User does not provide the obligatory data requested, FMGB will not be able to process the form in question. When entering his/her Personal Data, the User guarantees FMGB that said data is correct, complete and truthful and that it refers only to the User and not third parties. The User accepts that it will be the only individual responsible for a lack of information provided or its lack of correctness, truthfulness, as well as the damages they may cause for FMGB or third parties, because of a failure to comply with these obligations.

FMGB does not sell, rent or make Personal Data provided by Users available to third parties. It is not considered transfer or communication to third parties the access to Personal Data by personnel in charge of its treatment when it is necessary to provide a service for FMGB, always within that permitted by the legislation in force.

Personal Data will not be used for the purpose of direct marketing unless the User has been previously informed of this possibility and has given his/her express consent. The User can modify his/her preferences in relation to the distribution of said advertising communications by accessing the section Compra > Cuenta de Usuario or in writing with the subject “Communication relating to Publicity”, to any of the addresses included at the beginning of the present section 1 of the Data Protection Policy.

 

2. MINORS

In general, and unless something else is available in the corresponding application, FMGB does not treat Personal Data relating to minors. The information on minors collected at Guggenheim-Bilbao.es is very restricted and does not reveal the minor's identity, taking into account the only objective is the development of Services proposed.

 

3. THIRD PARTY DATA

In general, to use Guggenheim-Bilbao.es it is not necessary to provide Personal Data of third parties, which is why it is prohibited, unless expressly demanded, that user Users provide any Personal Data of third parties to FMGB or through Guggenheim-Bilbao.es.

As an exception, the User can provide third party Personal Data if the application allows it and always when prior consent has been provided and the third party in question has been informed. In particular, so that it is understood that consent has been given, third parties must have been informed by the User and have accepted the General and Special Conditions, as well as the present Data Protection Policy. It is solely the responsibility of the User to manage and obtain the prior consent from third parties and will answer for the damages which they may cause by not complying with said obligation.

 

4. THE EXERCISING OF RIGHTS BY THE USER

To exercise the rights to access, rectification, cancellation of User data and opposition to the treatments in conformity with the applicable regulations, the User must address this in writing, with the subject “Communication relating to Personal Data”, to any of the addresses indicated previously in section 1 of the present Data Protection Policy, proving the identification of the applicant.

 

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