T&C's műDruck
Terms and Conditions – műDruck
The mű Projekt Allerstraße 1&2 GmbH, Allerstraße 1&2, 12049 Berlin operates the mű printing workshop as a workshop for printing and graphics (hereinafter műDruck). műDruck offers users different usage forms: members with a fixed monthly usage allocation, non-members and users participating in courses (collectively hereinafter users).
műDruck provides an online booking system for booking individual time slots for use of the printing workshop (hereinafter Slots) (hereinafter mű booking page). This displays in particular the available Slots for members and non-members as well as the offered courses.
I. Scope of Application
These Terms and Conditions apply to the use of the printing workshop, in particular to
• the booking of Slots and use of the workshop by members in addition to the membership agreement,
• the booking of Slots by non-members, and
• the booking and participation in courses.
Open workshop use is only permitted to adult users. Minors may only use the workshop as part of courses, to the extent provided in the respective offer.
II. Services of the Workshop
Within the scope of the respective Slot booking, műDruck provides the workshop spaces as well as the workstations, machines and other facilities released for use.
There is no entitlement to the availability of free Slots or specific machines, workstations or other facilities at any time.
műDruck may temporarily block the use of individual machines or work areas, in particular for safety reasons, due to necessary maintenance, repair or cleaning work, or due to technical faults.
Subject to sufficient storage capacity, műDruck stores prints and artworks created during use (hereinafter Works) free of charge in the műDruck premises for the following periods:
for members until the 1st day of February or August respectively;
for all other users until the end of the month of completion.
Works must be labelled with name, address and email address. After expiry of the respective period, műDruck will contact users once to collect the Works within a reasonable timeframe. If the timeframe expires without result, műDruck is entitled to dispose of the Works. The same applies if the Works are not labelled with name, address and email address.
III. Conclusion of Contract
A contract for open workshop use by non-members or participation in a course is concluded as soon as műDruck confirms the booking or the booking is bindingly accepted in the booking system.
For members, the entitlement to book workshop times is governed by the membership agreement and these Terms and Conditions. With booking of the Slots, the respective workshop time is bindingly reserved.
IV. Use of the Workshop; Machine Instructions
Users may only use the workshop within the scope of the respective booking, in observance of the instructions and releases granted by műDruck – depending on the prior knowledge of the users – and in observance of these Terms and Conditions.
Users may only use machines and other facilities as intended and only to the extent for which műDruck has provided instruction or release. Users must follow the instructions of műDruck and its staff on safety and workshop operations.
For individual machines or workstations, műDruck provides machine-specific operating and safety instructions. These instructions must be observed when using the equipment.
Users must immediately notify műDruck of any recognisable defects, faults, malfunctions or damage to machines, tools or other facilities. Users must not use machines or equipment that are recognisably not safe to operate.
Users may only use materials, substances and aids that are suitable for the respective machine and whose use has not been excluded by műDruck.
The workshop, machines, tools and other facilities must be treated with care. Workstations must be left in orderly condition at the end of use.
Eating and drinking are only permitted in designated areas within the machine work area. The consumption of alcohol or other intoxicating substances is prohibited in the workshop.
V. Obligations and Liability of Users; Brought Items
Users are liable under statutory provisions for damage they culpably cause to the workshop, workshop spaces, machines, tools, work equipment, furnishings or other property of műDruck.
Liability applies in particular in cases of improper operation, use contrary to instruction or release, use of unsuitable materials or other culpable breaches of these Terms and Conditions or machine-specific instructions.
műDruck assumes no custody of items brought by users, unless expressly agreed otherwise. For loss, destruction or damage to items brought by users, műDruck is only liable as set out in Section VI.
VI. Liability of műDruck
műDruck is liable without limitation in cases of intent and gross negligence, for culpable injury to life, body or health, under the Product Liability Act and in all other cases of mandatory legal liability.
In cases of simple negligence in breach of essential contractual obligations, műDruck is liable for typical, foreseeable contractual damages. Essential contractual obligations are obligations whose performance enables the proper execution of the contract and on whose performance users regularly rely. These include in particular the obligations to safely provide the workshop spaces, the machines released for use and to provide proper instruction, to the extent instruction is required for the respective use and based on the user's stated knowledge.
Otherwise, műDruck's liability is excluded in cases of simple negligence.
For free custody of Works, § 690 of the German Civil Code (BGB) applies.
Liability of műDruck for defects existing at the time of contract conclusion under § 536a Paragraph 1 Alternative 1 BGB is excluded.
To the extent that the liability of műDruck is excluded or limited, this also applies for the benefit of its legal representatives, employees and vicarious agents.
VII. Exclusion from Use; House Rules
műDruck may exclude users temporarily or permanently, entirely or partially from use of the workshop if there is a factual reason, in particular in cases of
a) significant or repeated breaches of these Terms and Conditions, b) significant or repeated safety violations, c) endangerment of other persons, d) intentional or grossly negligent damage to workshop equipment, e) significant disruption of workshop operations, or f) significant or repeated payment default.
Further rights, in particular for extraordinary termination of a membership agreement or participation in a course for good cause, remain unaffected.
VIII. Remuneration and Payment Terms
Remuneration for open workshop times and courses is determined by the respective offer, booking confirmation or – for members – the rate agreed in the membership agreement.
Unless otherwise agreed, remuneration is due upon conclusion of contract.
IX. Special Provisions for Members
Members may book Slots within the scope of their membership agreement and the capacity reserved for members. Membership does not entitle members to specific time slots or the availability of specific machines.
The number and type of Slots members may book is determined by the respective membership agreement. Unless otherwise agreed, members may only book Slots on the designated days and within the offered time slots.
Booked Slots are personal and may not be transferred to or used by other persons without the consent of műDruck.
Booked Slots are binding. Members may cancel booked Slots free of charge up to 72 hours before the start. If the member does not appear or does not cancel the appointment in time, the booked Slot is deemed used.
Unused monthly Slot allocations expire at the end of the respective booking period, unless expressly agreed otherwise.
X. Special Provisions for Non-Members; Individual Projects
Non-members may book Slots in the scope offered on the mű booking page under the heading "Individual Project", on the designated days and within the offered time slots against the remuneration provided on the mű booking page (hereinafter individual projects).
Booked workshop times for individual projects are personal and may not be transferred to or used by other persons without the consent of műDruck.
Booked workshop times for individual projects are binding. Booked workshop times for individual projects may be cancelled free of charge up to 72 hours before the start. If the user does not appear or does not cancel the appointment in time, the agreed remuneration remains owed.
XI. Special Provisions for Courses
műDruck offers courses as group courses or individually bookable courses.
For group courses, the contracting party is the person or institution making the booking. For individually bookable courses, the contract is concluded with the respective participating person.
Booked courses may be cancelled free of charge up to 72 hours before the start. Otherwise, content, scope, date, duration, remuneration, participant number and any participation requirements are determined by the respective offer and booking confirmation.
Use of machines and facilities as part of a course takes place under the guidance of műDruck or the course instructor it engages. Participants must follow the instructions of the course instructor.
műDruck may cancel a course or reschedule it to another date for a factual reason. A factual reason exists in particular in cases of illness or other unavoidable obstruction of the course instructor, failure of essential machines or spaces, safety reasons, failure to reach a minimum number of participants mentioned in the offer, or other circumstances that significantly impede or make impossible the conduct of the course.
In the event of cancellation, any course remuneration already paid will be refunded. In the event of rescheduling, the person or institution making the booking or the participating person may withdraw from the contract if holding the course on the replacement date is not possible or not reasonably expected; in this case, any course remuneration already paid will be refunded.
műDruck may set a minimum and maximum number of participants for courses. A minimum number of participants applies only if it is stated in the offer or booking confirmation.
For groups with minor participants, the person or institution making the booking must provide adequate supervision and general oversight, unless expressly agreed otherwise. Technical instruction during the course remains the responsibility of műDruck.
XII. Final Provisions
The law of the Federal Republic of Germany applies.
Should any provision of these Terms and Conditions be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.