Terms of Services

Terms of Services & Conditions

General terms and conditions
with customer information

Table of Contents

  1. scope
  2. conclusion of contract
  3. right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting of usage rights for digital content, goods and products
  7. retention of title
  8. Liability for defects (warranty)
  9. Applicable Law
  10. place of jurisdiction
  11. Alternative Dispute Resolution
  12. Severability Clause

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Christian Kernchen e.K. (hereinafter “seller”) apply to all purchases and contracts for the delivery of products and goods that a consumer or entrepreneur (hereinafter “customer”) concludes with the seller with regard to the products presented by the seller in his/her online shop Christian Kernchen | Froosty.com and goods concludes. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.

1.2 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and made available in digital form.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by fax or post.

2.3 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks on the button that completes the ordering process.

2.5 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to Amazon. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that concludes the order process.

2.6 When submitting an offer via the seller's online order form, the The text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.8 German and English are available for the conclusion of the contract.

2.9 The order processing and contact usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

3.3 Excluded from this are explicitly all Christian Kernchen | Froosty.com offered content, artworks, designs, products & goods, which are either single items such as paintings, designs, etc. or limited editions and editions, which are certified and possibly also numbered, and either generally for and / or personally be issued specifically to the customer.

3.4 The buyer must note that any other displaying visual display device, such as a PC monitor, a display from a tablet or a mobile device, etc., the colors and saturation of the presented artworks, photographs, prints, editions, designs , products, videos, etc. on this website Christian Kernchen | Froosty.com can display and reproduce differently.

The seller assumes no liability or take back in the event of corresponding improper use, installation and/or handling, notification of defects or revocation of any kind, form or manner.

3.5 The buyer must note that content, works of art, photographs, prints, editions, designs, products, etc. on this website Christian Kernchen | Froosty.com offered and sold are always dependent on various environmental influences and their appearance and colors change over time, for example due to partial or direct sunlight or heat.

The seller assumes no liability or take back in the event of corresponding improper use, installation and/or handling, notification of defects or revocation of any kind, form or manner.

3.6 The buyer must note that all content, works of art, photographs, prints, editions, designs, products, etc. on this website Christian Kernchen | Froosty.com offered and sold are only partially or completely unsuitable for, for example, outdoor areas, basement rooms, bathrooms and kitchens with excessive humidity.

The seller assumes no liability or take back in the event of corresponding improper use, installation and/or handling, notification of defects or revocation of any kind, form or manner.

3.7 The buyer must note that in order to avoid fingerprints, scratches or other damage to the Christian Kernchen | Froosty.com acquired works of art, photographs, prints, editions, designs, products, etc. which should always be handled explicitly with gloves or comparable protection.

The seller assumes no liability or take back in the event of corresponding improper use, installation and/or handling, notification of defects or revocation of any kind, form or manner.

4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If a payment method offered via the "PayPal" payment service is selected, the payment is processed via PayPal, whereby PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.

4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are presented to the customer in the online shopp notified by the seller. To process payments, Stripe can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and shipping conditions

5.1 If the seller offers to ship the goods, the delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 Goods that are delivered by a forwarding agent are delivered "free curb", i.e. to the public curb nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.

5.4 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution responsible for carrying out the shipment and the seller has not previously named this person or institution to the customer.

5.5 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.6 The seller is explicitly not liable in any way for any damage after the handover and/or shipping of the product and/or goods, such as to the buyer, third parties known and/or unknown, external shipping service providers, freight forwarders, fitters, etc.

5.7 Collection by the customer is not possible for logistical reasons.

6) Granting of usage rights for digital content, goods and products

6.1 If the description of the content in the online shop of the seller Christian Kernchen | Froosty.com does not indicate otherwise, the seller only grants the customer the respective simple, local and temporally unrestricted material ownership / right to the content provided, such as the works of art, editions, designs, products, etc., to the purchased content. No other rights of use are explicitly granted. Private and commercial duplication, reproduction, distribution, rental, advertising, public access or other analogue or digital exploitation in any way, form and manner are explicitly prohibited and not permitted and will be legally prosecuted.

No other rights of use are explicitly granted. Private and commercial duplication, reproduction, distribution, rental, advertising, public access or other analogue or digital exploitation in any way, form and manner are explicitly prohibited and not permitted and will be legally prosecuted.

The explicitly simple resale of the acquired work of art, edition, design, product from this website Christian Kernchen | Froosty.com, or the owner, author and artist Christian Kernchen | Froosty, exists explicitly purely on the basis of the written contractual agreement.

6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has paid the owed remuneration in full. The seller can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission. 

6.4 Limited Editions 
SIGNED & NUMBERED. All limited Editions on this Website Christian Kernchen | Froosty.com, like photographs and prints, are hand signed and numbered by the artist and creator Christian Kernchen

AUTHENTIC. They will come with their own original certificate of authenticity on a high quality paper. This certificate is one of the most important aspects of art trade today, that is why all limited photographs are exclusive and come with this document. This is an official document that proves our photographs are genuine and authentic.

HIGH QUALITY. All limited editions such as photography and prints on this website Christian Kernchen | Froosty.com   are printed by hand on beautiful high-quality papers from Hahnemühle's Fine Art Museum Galerie such as Photo Rag® 308 g/m2 or Photo Rag Satin® 310 g/m2 with premium archival inks.

6.5 Rights 
With the purchase of a work of art, edition, design, product, etc. via this website Christian Kernchen | Froosty.com  or the creating owner, author and artist Christian Kernchen | Froosty, you only acquire the respective simple material ownership of this. No other rights of use are explicitly granted. Private and commercial duplication, reproduction, distribution, rental, advertising, public access or other analogue or digital exploitation in any way, form and manner are explicitly prohibited and not permitted and will be legally prosecuted.

With the completion of the binding purchase through full receipt of payment for the work of art / product purchased on this website Christian Kernchen | Froosty.com  and its owner, author and artist Christian | Froosty, you declare your unrestricted agreement with the additional explicitly associated recognition of our Christian Kernchen | Froosty.com terms & conditions.

The explicitly simple resale of the acquired work of art, edition, design, product from this website Christian Kernchen | Froosty.com, or the owner, author and artist Christian Kernchen | Froosty, is explicitly based on the written contractual agreement.

The artist and author of all material on this website is Christian Kernchen | Froosty.com and the photographs, prints, illustrations, paintings, designs, content, products, goods and works, etc. offered under his name Froosty | Christian Kernchen, also explicitly in a limited edition, expressly reserves the right to use these in any other way, Form and manner, variations, representations, combinations, expanded, non-limited and more open editions and sizes, to offer privately and commercially, to sell and to use personally. This includes, for example, a limited edition in other limited sizes not previously offered, other shapes and/or formats (such as portrait, landscape, square, etc.), different combinations with different or the same content (such as triptychs or in collages, etc.) to offer and sell excerpts and/or color variants (such as black and white instead of colour), etc.

The artist and originator of everything on this website is Christian Kernchen | Froosty.com and the photographs, prints, illustrations, paintings, designs, products, goods and works, etc. offered under his name Froosty | Christian Kernchen, also explicitly all limited editions, expressly reserve the right to use these in any other and different way, form and manner and variations, such as postcards, stickers, labels, flyers, thank you cards, mugs, clothing, T-shirts, hoodies, etc. imprinted on furnishings, etc. also as a non-limited and open edition for other merchandising purposes and to to sell. Furthermore, the unrestricted use, all own content and products; Photographs, prints, illustrations, paintings, designs, products, goods and works, etc. for the purpose of self-promotion and sale, in books, magazines, journals, e-papers, newsletters, on the Internet and on websites, your own or third parties of any kind, form and manner to publish and present.

7) Retention of title

If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1 Unless otherwise stated in the following regulations, the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

8.2 If the customer acts as an entrepreneur,

the seller has the choice of the type of supplementary performance; in the case of new goods, the limitation period for defects is one year from delivery of the goods; are the used goods Rights and claims due to defects excluded; the statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.

8.3 The limitations of liability and reductions in deadlines set out above do not apply

for claims for damages and reimbursement of expenses by the customer, in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness, for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

8.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

8.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.

9) Governing Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

10) Jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.

11) Alternative Dispute Resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 

12) Severability Clause

Should individual provisions of this agreement/contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the agreement/contract remains unaffected.

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- IT-Recht-Kanzlei - Alter Messeplatz 2 - 80339 München
   www.it-recht-kanzlei.de | info(at)it-recht-kanzlei.de


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