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 contracts concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Seller regarding the goods, products and digital content presented in the online shop froosty.com. Deviating conditions of the Customer shall not apply unless expressly agreed otherwise.

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 but serve to submit a binding offer by the Customer.

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

2.3 The Seller may accept the Customer’s offer within five days by order confirmation, delivery of the goods, or request for payment. If no acceptance occurs within this period, the offer shall be deemed rejected.

2.4 Contract processing and communication usually take place via email. The Customer must ensure that the provided email address is correct and reachable.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 The right of withdrawal does not apply to custom-made works, limited editions, signed, numbered or personalized artworks, digital content, or products created specifically for the Customer.

3.3 The Seller assumes no liability for color deviations due to different display devices or environmental influences.

4) Prices and terms of payment

4.1 All prices are total prices including statutory VAT, unless stated otherwise.

4.2 Additional delivery or shipping costs are stated separately in the product description.

4.3 Available payment methods are displayed in the online shop.

5) Delivery and shipping conditions

5.1 Delivery is made to the delivery address provided by the Customer.

5.2 Collection by the Customer is not possible for logistical reasons.

5.3 The Seller is not liable for damage occurring after handover to shipping service providers.

6) Granting of usage rights

6.1 Upon purchase, the Customer acquires only material ownership of the artwork or product. No further usage rights are granted. Any reproduction, duplication, commercial or private use is prohibited unless expressly agreed in writing.

6.2 All limited editions are signed and numbered and include a certificate of authenticity.

7) Retention of title

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

8) Liability for defects

Statutory warranty rights apply unless otherwise stated.

9) Applicable law

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

10) Place of jurisdiction

If the Customer is a merchant, the place of jurisdiction shall be the Seller’s place of business.

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 this agreement are invalid, the remaining provisions shall remain unaffected.

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