Terms of Service & 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. Ownership, copyright and usage rights
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 contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding goods, products, artworks, prints, editions, digital content and other items presented in the online shop froosty.com. Deviating conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity in writing.

1.2 These GTC apply accordingly to contracts for the provision of digital content, unless expressly agreed otherwise.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer submits a binding offer via the online order form after placing the selected goods, products or digital content in the virtual shopping cart and completing the ordering process.

2.3 The Seller may accept the Customer’s offer within five days by sending an order confirmation, by delivering the goods, by providing the digital content or by requesting payment. If no acceptance occurs within this period, the offer shall be deemed rejected.

2.4 Contract processing and communication usually take place by email. The Customer must ensure that the email address provided during the ordering process is correct and reachable and that emails sent by the Seller can be received.

3) Right of withdrawal

3.1 Consumers generally have a statutory right of withdrawal in accordance with the applicable legal provisions.

3.2 Details regarding the right of withdrawal, the withdrawal period, the exercise of the right of withdrawal, the legal consequences of withdrawal and the electronic withdrawal function are provided in the Seller’s applicable Refund Policy and on the electronic withdrawal page: https://froosty.com/pages/withdrawal.

3.3 The statutory right of withdrawal may be excluded or may expire only where the applicable statutory requirements are met. This may apply in particular to goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or to goods that are clearly tailored to the consumer’s personal needs. A mere limitation of an edition, signature or numbering does not by itself exclude mandatory consumer rights.

3.4 For digital content not supplied on a tangible medium, the right of withdrawal may expire only under the statutory conditions, in particular where the Customer has expressly consented to performance beginning before expiry of the withdrawal period and has acknowledged the resulting loss of the right of withdrawal, where such requirements apply.

3.5 Mandatory statutory rights of the Customer, including rights in the event of defects, remain unaffected.

4) Prices and terms of payment

4.1 All prices shown in the online shop are total prices including statutory VAT, unless stated otherwise.

4.2 Additional delivery or shipping costs, if applicable, are stated separately in the online shop or during the ordering process.

4.3 The available payment methods are displayed in the online shop.

4.4 Unless otherwise agreed, payment is due immediately upon conclusion of the contract.

5) Delivery and shipping conditions

5.1 Delivery is made to the delivery address provided by the Customer during the ordering process, unless otherwise agreed.

5.2 Collection by the Customer is not possible for logistical reasons, unless expressly agreed otherwise.

5.3 Delivery and transport risk pass to the Customer in accordance with the applicable statutory provisions. In relation to consumers, the risk of accidental loss or accidental deterioration of the goods generally passes only upon delivery to the consumer or to a recipient designated by the consumer, unless the consumer has independently commissioned a carrier not previously named by the Seller.

5.4 The Customer is requested to notify the Seller of any obvious transport damage as soon as possible. Failure to do so does not affect the Customer’s statutory rights, in particular any rights in the event of defects.

6) Ownership, copyright and usage rights

6.1 By purchasing an artwork, edition, print, design, product, digital content or other item via the Seller’s online shop, the Customer acquires only the rights expressly stated in the respective product description and these GTC.

6.2 In the case of physical goods, artworks, prints and editions, the Customer acquires ownership of the physical item only. No copyright, usage rights, exploitation rights, reproduction rights, publication rights, licensing rights, trademark rights or other intellectual property rights are transferred or granted unless expressly agreed in writing.

6.3 The private display of a legally acquired physical item as such is not restricted by these GTC. However, any copying, reproduction, scanning, photographing for commercial or publication purposes, digitisation, distribution of reproductions, publication, rental, advertising use, making available to the public, digital use, commercial use, use for merchandising, print-on-demand, NFTs, blockchain applications, training datasets, machine learning, KI or AI training, or any other exploitation of the artwork, image, motif, design, product presentation or related content, in whole or in part, is prohibited unless expressly permitted by mandatory law or expressly authorised in writing by the rights holder.

6.4 A resale of a legally acquired physical item does not include any transfer of copyright, usage rights, reproduction rights, publication rights, licensing rights, trademark rights or other intellectual property rights. Any commercial reseller activity, gallery representation, dealer cooperation, licensing, advertising use or use of FROOSTY® names, images, product photographs, product descriptions, certificates, branding or presentation materials requires a separate prior written agreement.

6.5 Limited editions, collector’s editions or other special editions may be signed, numbered and/or accompanied by a certificate of authenticity where stated in the respective product description. Such designation does not by itself limit mandatory statutory consumer rights.

7) Retention of title

The Seller retains ownership of the delivered goods until full payment of the respective purchase price has been received.

8) Liability for defects (warranty)

8.1 Statutory liability for defects applies.

8.2 Minor deviations in colour, brightness, contrast, saturation, surface appearance or material impression may occur due to differences in display devices, lighting conditions, printing processes, paper, material properties, framing, mounting, environmental influences or production-related characteristics. Such deviations do not constitute a defect where they are customary, technically unavoidable, insignificant or where the delivered item corresponds to the agreed quality.

8.3 Mandatory statutory rights of the Customer, including rights in the event of defects, remain unaffected.

9) Applicable law

The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the Customer is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected where applicable.

10) Place of jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller’s place of business. Mandatory statutory places of jurisdiction remain unaffected.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

12) Severability clause

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected to the extent legally permissible. The applicable statutory provisions shall apply in place of any invalid provision.

Contact
Christian Kernchen e.K. | FROOSTY®
www.froosty.com | contact (at) froosty (dot) com