Statutory Warranty Rights

Statutory Warranty Rights

Statutory liability for defects applies to purchase contracts concluded through KERNCHEN®. These rights exist independently of any statutory right of withdrawal.

Official EU basis: Commission Implementing Regulation (EU) 2025/1960. The harmonised notice applies from 27 September 2026. Further consumer information: Your Europe – Guarantees.

When is a product defective?

The agreed characteristics and the statutory requirements are particularly relevant. For artworks, age, material, production method and a condition specifically described in the offer may be relevant to the characteristics owed under the contract. A deviation that has been expressly disclosed and validly agreed is not automatically a defect.

Subsequent performance

If the goods are defective, buyers may demand subsequent performance subject to the statutory requirements. The statutory rules governing remedy of the defect or delivery of defect-free goods, as well as the limits applicable to the chosen form of subsequent performance, apply. In the case of a unique work, replacement delivery may in fact be impossible.

Further rights

If subsequent performance has failed, is impossible or unreasonable, or is dispensable under the statutory requirements, a price reduction or withdrawal from the contract and, where applicable, damages may in particular be available. The respective statutory requirements apply.

Limitation periods

Claims for defects generally become time-barred two years after delivery of the goods. Mandatory longer periods and special rules, particularly in cases of fraudulent concealment of a defect, remain unaffected. Our Terms & Conditions do not shorten this period for consumers, including for used artworks.

Burden of proof

For consumer sales, the statutory rules on the burden of proof apply. If a condition deviating from the requirements becomes apparent within the statutory presumption period, the statutory presumptions apply unless a statutory exception is relevant.

Guarantee and statutory warranty

A voluntary guarantee must be distinguished from statutory liability for defects. A guarantee exists only if it has been expressly declared as such for the specific work. Statutory rights in respect of defects are not restricted by a guarantee.

Contact

Please notify us of a suspected defect, stating the order number and providing as precise a description as possible, at kontakt@kernchen.com. Contact by email is not a prerequisite for the existence of your statutory rights.