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Refund policy

Refund, Withdrawal and Complaint Information

Conditions of FROOSTY® – Christian Kernchen

1. General Information

This information applies to orders placed through our online shop froosty.ai.

Mandatory consumer rights, including the statutory right of withdrawal, statutory legal guarantee rights and other mandatory statutory claims, remain fully unaffected.

This information distinguishes between the statutory right of withdrawal, complaints concerning defective, damaged or incorrectly delivered products, transport damage and other returns outside mandatory statutory claims.

Detailed information concerning the statutory right of withdrawal, including the electronic withdrawal function and the model withdrawal form, is available on our Withdrawal page. This refund and complaint information supplements, but does not replace, the mandatory withdrawal information provided in connection with the respective order.

2. Statutory Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal in distance contracts unless this right is excluded by law or has expired under the applicable statutory provisions.

The withdrawal period is 14 days. For goods, the withdrawal period generally begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. Where several goods ordered as part of a single order are delivered separately, or where goods are delivered in several partial shipments or pieces, the statutory rules concerning receipt of the last relevant delivery apply.

You do not have to provide a reason for exercising a statutory right of withdrawal. To meet the withdrawal deadline, it is sufficient that you send your withdrawal declaration before the withdrawal period has expired.

Where a statutory right of withdrawal exists, you may declare your withdrawal using our electronic withdrawal function:

Withdraw from contract

Alternatively, you may declare your withdrawal by email to:

withdrawal@froosty.ai

The electronic withdrawal function is intended solely for submitting a withdrawal declaration. After submitting your declaration through the electronic withdrawal function, you will receive a confirmation of receipt by email containing the information required by law concerning the submitted withdrawal declaration and its receipt.

The confirmation documents receipt of your declaration. It does not itself constitute a final legal assessment of the validity, timeliness or scope of the withdrawal.

3. Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or that are clearly tailored to the consumer’s personal needs.

This may apply in particular to individually produced, personalised, customer-specific, specially configured or expressly custom-made artworks, prints, editions or other products where the statutory requirements for exclusion of the right of withdrawal are fulfilled.

A product is not excluded from the statutory right of withdrawal merely because it is produced only after an order has been placed. Likewise, a limitation of an edition, an artist’s signature or individual numbering does not by itself exclude the statutory right of withdrawal.

An exclusion applies only where all statutory requirements for the respective exclusion are fulfilled. Where an exclusion applies to a specific product, the relevant information will be provided before the order is placed.

Mandatory statutory legal guarantee rights in the event of defects remain unaffected.

4. Return and Refund Handling in the Event of a Valid Withdrawal

If a statutory right of withdrawal exists and is validly exercised, the performances received by both parties must be returned in accordance with the applicable statutory provisions.

Unless we have offered to collect the goods, you must return or hand over the affected goods without undue delay and in any event no later than 14 days from the day on which you informed us of your withdrawal. The deadline is met if you send the goods before the 14-day period has expired.

In the event of a valid withdrawal, we will refund the payments received from you, including the costs of the least expensive standard delivery offered by us, in accordance with the applicable statutory provisions. Additional delivery costs resulting from your choice of a more expensive delivery method are not refundable to the extent permitted by law.

Unless expressly agreed otherwise without any additional cost to you, the refund will be made using the same means of payment that you used for the original transaction.

Where legally permissible, we may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.

You bear the direct costs of returning the goods where you were duly informed of this obligation before placing the order and unless we expressly agreed to bear those costs.

Where goods cannot normally be returned by post due to their nature, the specific amount of the direct return costs or, where those costs cannot reasonably be calculated in advance, the reasonable maximum estimate stated before the order was placed applies.

For efficient processing, we ask you not to return goods freight collect and, where possible, to contact us before sending a return so that the shipment can be correctly assigned. This request is not a condition for exercising the statutory right of withdrawal and does not limit your statutory rights.

In accordance with the statutory requirements, you are liable for any loss in value of the goods only where that loss in value results from handling that was not necessary to establish the nature, characteristics and functioning of the goods.

5. Defective, Damaged or Incorrectly Delivered Products

After receiving your order, we recommend checking whether the correct item has been delivered and whether there is any visible damage or other defect. This recommendation does not establish a contractual inspection or notification obligation for consumers. A failure to inspect the goods or notify us immediately does not by itself limit mandatory statutory rights.

If a product is defective, damaged or incorrectly delivered, please contact us at:

contact@froosty.ai

To help us identify and assess the matter efficiently, you may provide meaningful photographs, the order number and a brief description of the issue. Providing photographs is not a condition for asserting mandatory statutory rights.

Where the statutory requirements are fulfilled, defective, damaged or incorrectly delivered goods will be handled in accordance with the applicable statutory legal guarantee rights. Depending on the statutory requirements, these rights may include supplementary performance and, where the further legal requirements are fulfilled, withdrawal from the contract, a reduction of the purchase price or claims for damages or reimbursement of expenses.

Within the statutory rules, the purchaser may generally choose between removal of the defect and delivery of a defect-free item as the form of supplementary performance. Statutory restrictions on the selected form of supplementary performance remain unaffected.

Before carrying out supplementary performance, we will provide consumers with the information required by applicable law concerning their choice of supplementary performance and, in the case of repair, the statutory effect on the applicable limitation period.

Necessary costs of statutory supplementary performance are borne in accordance with the applicable statutory provisions. Where the legal requirements are fulfilled, consumers may request an advance for expenses that must be borne by the seller.

A final assessment may require inspection of the affected product. Where a return is necessary for the examination or fulfilment of statutory claims, the return will be organised in accordance with the applicable statutory provisions and must not result in costs that the seller is legally required to bear being imposed on the consumer.

Further information is available on our Legal Guarantee Rights page.

6. Transport Damage

If you notice transport damage, we recommend documenting it as soon as reasonably possible after receiving the shipment and keeping the packaging, shipping material and product until the matter has been clarified.

Please inform us at:

contact@froosty.ai

Where possible, photographs of the packaging and the affected product can help us clarify the matter with the shipping service provider and process your request efficiently.

These recommendations do not establish an inspection or notification obligation for consumers. Failure to report transport damage immediately or to retain the packaging does not affect mandatory statutory rights.

7. Returns Outside a Statutory Withdrawal or Valid Statutory Claim

We do not offer a general voluntary return right beyond mandatory statutory rights unless this has been expressly agreed in the individual case.

Returns outside a statutory right of withdrawal or another valid statutory claim therefore require our prior written approval.

Items returned without prior coordination may not be capable of being correctly assigned or processed. This does not affect statutory rights or legally permissible returns.

8. Privacy

Personal data submitted in connection with a withdrawal, complaint, return, transport damage or other enquiry is processed for receiving, documenting and handling the respective matter.

Further information on the processing of personal data is available in our Privacy Policy:

Privacy Policy

9. Contact

For questions concerning returns, defective, damaged or incorrectly delivered products, transport damage or other complaints, please contact:

Christian Kernchen e.K.
FROOSTY® | Visual AI Artist
Joergstr. 31
D-80689 Munich
Germany

Email: contact@froosty.ai
Tel.: +49 89 289 747 35

To exercise a statutory right of withdrawal, you may use our electronic withdrawal function:

Withdraw from contract

Alternatively, you may send your withdrawal declaration by email to:

withdrawal@froosty.ai