Terms of service

Terms of Service & Conditions

General Terms and Conditions
with Customer Information

Table of Contents

Scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Ownership, copyright and usage rights
Retention of title
Statutory rights in the event of defects
Applicable law
Place of jurisdiction
Alternative dispute resolution
Severability clause
Extended Producer Responsibility (EPR) – France

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 physical goods, products, artworks, Fine Art Prints, editions, cards, merchandise and other items presented in the online shop at froosty.ai. Deviating terms and conditions of the Customer shall not apply unless the Seller has expressly agreed to their validity.

1.2 These GTC may also apply to individually commissioned artworks, custom-made products or other individually agreed services where they are expressly incorporated into the respective contract.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.4 An entrepreneur 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 presented in the Seller’s online shop do not constitute binding contractual offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer selects the desired products, places them in the virtual shopping cart, completes the information requested during checkout, reviews the order and submits a binding offer by activating the final button that clearly indicates the obligation to pay.

2.3 The Seller may accept the Customer’s offer within five calendar days by sending an express order confirmation, requesting payment, dispatching the goods or delivering the goods, whichever occurs first. The acceptance period begins on the day after the Customer submits the offer. A purely automated confirmation of receipt of the order does not itself constitute acceptance unless it expressly states that the offer has been accepted.

2.4 If the Seller does not accept the Customer’s offer within the above period, the offer shall be deemed rejected and the Customer shall no longer be bound by it.

2.5 The Seller confirms receipt of the Customer’s order electronically without undue delay. 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 capable of receiving emails sent by the Seller and any service providers involved in contract processing.

2.6 Before submitting the binding order, the Customer can identify and correct input errors using the review, navigation and correction functions provided in the shopping cart and checkout as well as the usual input functions of the browser or device.

2.7 German and English are available as contract languages. The contract is concluded in the language selected by the Customer during the ordering process.

2.8 The Seller stores the contract text after conclusion of the contract. The stored contract text is not separately accessible to the Customer through the online shop unless access is provided through a customer account. The Customer receives the order data by email as part of the electronic order confirmation. Before submitting the order, the Customer can retrieve, save and print the contractual provisions, including these GTC, in reproducible form. Mandatory obligations to provide contract confirmations and information on a durable medium remain unaffected.

2.9 No special codes of conduct apply to the conclusion of contracts unless expressly identified in the online shop.

3) Right of withdrawal

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

3.2 Detailed information regarding the right of withdrawal, the withdrawal period, the exercise and consequences of withdrawal, returns and refunds can be found in our Refund, Withdrawal and Complaint Information.

Consumers may also exercise an existing right of withdrawal using the electronic withdrawal function available at Withdraw from contract. After electronic submission, the Seller sends the consumer an acknowledgement of receipt on a durable medium without undue delay.

3.3 The statutory right of withdrawal is excluded or may expire only where the applicable statutory requirements are fulfilled. In particular, the right of withdrawal may be excluded for goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.

3.4 The fact that a product is manufactured or printed only after an order has been placed does not by itself exclude the statutory right of withdrawal. Likewise, the limitation of an edition, individual numbering, an artist signature or a Certificate of Authenticity does not by itself exclude mandatory consumer rights.

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

4) Prices and terms of payment

4.1 All prices displayed in the online shop are total prices including statutory VAT where VAT is applicable and unless expressly stated otherwise.

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

4.3 For deliveries to countries outside the European Union or other relevant customs territories, additional customs duties, import taxes, fees or similar public charges may be imposed by the destination country. Unless expressly stated as included during checkout, such charges are not included in the product or shipping price and are generally payable by the recipient in accordance with the applicable local regulations.

4.4 The payment methods currently available are displayed during checkout. The conditions of the respective payment method may additionally apply.

4.5 Unless otherwise stated for the selected payment method or expressly agreed otherwise, payment is due 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 expressly agreed.

5.2 Collection by the Customer is not available for logistical reasons unless expressly agreed otherwise in an individual case.

5.3 Delivery and transport risk pass to the Customer in accordance with the applicable statutory provisions. In contracts with consumers, the risk of accidental loss or accidental deterioration of the goods generally passes only when the goods are delivered to the consumer or to a third party designated by the consumer, unless the consumer independently commissions a carrier or other person not previously named by the Seller.

5.4 The Customer is requested to inspect the delivery for obvious transport damage and to notify the Seller of such damage as soon as reasonably possible. Failure to provide such notification does not affect the Customer’s mandatory statutory rights, including statutory rights in the event of defects.

5.5 Information regarding production, processing and delivery times is provided on the respective product page, during checkout or in the order information. Times may vary depending on the product, format, edition, production partner, order volume and destination. The delivery period stated for the respective order remains decisive. Mandatory statutory delivery deadlines and rights of the Customer remain unaffected.

6) Ownership, copyright and usage rights

6.1 By purchasing a physical artwork, Fine Art Print, edition, design, card, merchandise product or other physical item, the Customer acquires ownership of the purchased physical item subject to the retention of title under Section 7.

6.2 The purchase of a physical item does not by itself transfer copyright, reproduction rights, commercial exploitation rights, publication rights, licensing rights, trademark rights or other intellectual property or usage rights in the underlying artwork, motif, photograph, design, text or other protected content. Rights of use are transferred only where and to the extent expressly agreed or otherwise provided by applicable law.

6.3 Unless expressly permitted by applicable law or expressly authorised by the respective rights holder, protected FROOSTY® content may not be reproduced, commercially exploited, licensed, published, distributed in the form of reproductions, digitised for commercial exploitation, made publicly available online, used for advertising, merchandising, print-on-demand, NFTs, blockchain-based exploitation or incorporated into other products, publications or commercial content. Statutory limitations, exceptions and legally permitted uses remain unaffected.

6.4 The lawful resale or other further distribution of a legally acquired physical item is governed by the applicable statutory provisions. Where the statutory principle of exhaustion applies, the lawful resale of the physical item is not prohibited by these GTC.

Such resale does not transfer any additional copyright, reproduction, licensing, publication, trademark or other intellectual property or usage rights in the underlying artwork, motif or design.

A commercial relationship involving official gallery representation, dealership, licensing, cooperation, sponsorship or similar representation of FROOSTY® requires a separate prior agreement. The use of FROOSTY® names, trademarks, logos, product photographs, texts, Certificates of Authenticity, branding or other protected presentation materials is permitted only within the limits of applicable law or with the necessary authorisation.

6.5 The three principal FROOSTY® art categories follow the following edition structure:

AI POSTERS may be offered as Limited Editions or Open Editions. Limited AI POSTERS are individually numbered. Open-edition AI POSTERS are not individually numbered. AI POSTERS do not include a Certificate of Authenticity or a separate artist signature.

AI ARTWORKS are offered exclusively as Limited Fine Art Editions. Each AI ARTWORK includes a Certificate of Authenticity, is individually numbered and is hand-signed by the artist FROOSTY®.

AI COLLECTOR’S EDITIONS are offered as unique editions or in exceptionally small Limited Editions. Each AI COLLECTOR’S EDITION includes a Certificate of Authenticity, is individually numbered and hand-signed by the artist FROOSTY®, and additionally features a FROOSTY® embossed stamp.

The exact edition type, edition size and product-specific characteristics stated on the respective product page form part of the agreed product characteristics.

6.6 FROOSTY® is visibly integrated into artworks where stated or shown in the respective product presentation, usually at the bottom right, as the artist name and trademark. Such visible artwork marking is not equivalent to a separate handwritten artist signature.

Further information regarding editions, certificates, signatures and category differences can be found in the Editions & Categories Guide and on our Copyright, Trademark & AI Transparency page.

7) Retention of title

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

7.2 Mandatory statutory provisions remain unaffected.

8) Statutory rights in the event of defects

8.1 The applicable statutory provisions governing rights in the event of defects apply.

8.2 The agreed characteristics of the respective product are determined in particular by the product description and the specifications expressly stated for the respective product. Mandatory statutory requirements concerning conformity remain unaffected.

8.3 Colour representation on computer monitors, tablets, smartphones and other displays may differ from the appearance of the physical artwork or product due to individual device settings, calibration, brightness, contrast, display technology and ambient lighting.

Printing processes, material properties and production processes may result in minor customary variations in colour, brightness, contrast, saturation, surface appearance, paper structure, material impression or other production characteristics. Whether a particular deviation constitutes a lack of conformity or a defect is determined by the agreed product characteristics and the applicable statutory provisions. These notices do not restrict the Customer’s statutory rights.

8.4 Consumers purchasing goods are entitled to the statutory legal guarantee of conformity. Further information and the official harmonised EU notice can be found on our Legal Guarantee Rights page.

8.5 The Seller does not offer an additional voluntary commercial guarantee of durability, manufacturer’s guarantee or other commercial guarantee unless such a guarantee is expressly offered for the respective product. The provision of information about statutory rights does not create a voluntary commercial guarantee.

9) Applicable law

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the United Nations Convention on Contracts for the International Sale of Goods.

9.2 If the Customer is a consumer and has their habitual residence in another country, this choice of law shall not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence, where such provisions are applicable.

10) Place of jurisdiction

10.1 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the Seller’s place of business shall be the place of jurisdiction for disputes arising from the contractual relationship to the extent legally permissible.

10.2 Mandatory statutory provisions regarding jurisdiction remain unaffected.

11) Alternative dispute resolution

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

12) Severability clause

If individual provisions of these GTC are or become wholly or partially invalid or unenforceable, 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 or unenforceable provision.

13) Extended Producer Responsibility (EPR) – France

13.1 Christian Kernchen e.K. is registered with Citeo for the French Extended Producer Responsibility (EPR) scheme for household packaging and graphic papers.

13.2 ADEME Unique Identifier (IDU): FR538393_01FHRV