Terms & Conditions

Terms & Conditions

Last updated: 15 September 2026

1. Scope and contracting party

These Terms & Conditions apply to contracts for goods, in particular artworks, originals, editions, photographs, art prints and other art objects, concluded by consumers or businesses through the KERNCHEN® online store with the following seller:

Christian Kernchen e.K.
Joergstr. 31
80689 Munich
Germany
Phone: +49 89 289 747 35
Email: kontakt@kernchen.com

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity.

A business is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its trade, business or self-employed professional activity.

Conflicting or deviating terms and conditions of a business customer become part of the contract only if we have expressly agreed to their application.

2. Product presentation and availability

The presentation of goods in the online store does not generally constitute a legally binding offer to conclude a purchase contract, but an invitation to submit an order.

Artworks are often unique pieces or works from limited editions. Despite careful inventory management, a work may already have been sold or reserved, may have been damaged, or may no longer be available for another factual or legal reason at the time an order is placed. Until a contract has been concluded, we are entitled not to accept an order.

If an already concluded contract cannot be performed because of a subsequent impossibility for which we are not responsible, the statutory provisions apply. Any payments already received will be reimbursed without undue delay.

3. Ordering process and correction options

You may initially place a product in the shopping cart without obligation. Before submitting the order, you can review and correct the information entered and the products selected using the functions provided in the shopping cart and checkout.

By activating the final order button that clearly indicates the obligation to pay, you submit a binding offer to purchase the goods contained in the shopping cart.

Immediately after receipt of the order, you will generally receive an automated order or receipt confirmation by email. Unless that message expressly states that the offer is accepted, it initially confirms only that we have received your order.

4. Conclusion of the contract

The purchase contract is concluded when we accept your offer within five calendar days by means of an express order confirmation, a request for payment, charging the selected payment method or dispatching the goods. The event that occurs first is decisive.

If no acceptance occurs within this period, you are no longer bound by your offer. For payment by bank transfer, communication of the bank details together with an express request for payment may constitute acceptance of the order.

For payment methods where payment is initiated immediately after the order or the payment method is charged, the contract is concluded no later than upon successful charging or binding confirmation of payment.

5. Contract language and storage of the contract text

The contract language available for conclusion of the contract is German.

We store order and contract data in accordance with statutory retention obligations. After placing the order, you will receive the essential order details and the contractual terms applicable at that time by email or through the order information provided by Shopify.

If a customer account is used, the associated orders and order information can be viewed there. The Terms & Conditions can be accessed, saved and printed via the online store.

6. Characteristics of artworks

The essential characteristics, dimensions, technique, material, year of creation, signature, framing, edition, provenance and condition of an artwork are set out in the respective product offer.

Older, used artworks or artworks previously held in private or corporate ownership may show traces resulting from age, material or use. Such characteristics do not constitute a defect if they were specifically described in the product offer and the goods conform to the agreed characteristics.

Information concerning attribution, dating, provenance, literature or exhibition history is provided on the basis of the state of knowledge and documentation available at the time of the offer. Expressly warranted characteristics and guarantees exist only where they are expressly designated as such in the product offer or in a separate agreement.

For technical reasons, photographs and screen displays may reproduce colours, brightness, surfaces, materials and spatial effect differently. Such presentation differences do not affect statutory rights in respect of defects where the actual goods do not conform to the agreed or legally required characteristics.

7. Prices and VAT

All prices stated in the online store are total prices in euros including the applicable statutory VAT where VAT is chargeable.

Where the margin scheme pursuant to Section 25a of the German VAT Act (UStG) is applied to an artwork, VAT is included in the total price but is not shown separately on the invoice.

The shipping costs applicable to the respective order are expressly displayed in checkout before the order is completed. Standard shipping within Germany is currently free of charge. The current shipping costs for the countries to which we deliver can be found in our Shipping Terms. The shipping price actually displayed in checkout before completion of the order is decisive.

For deliveries outside the European Union, additional import charges, customs duties and taxes may arise unless they are expressly collected during the ordering process. Such charges not collected during the ordering process are borne by the recipient where required under the applicable statutory provisions.

8. Payment methods

The payment methods displayed in checkout for the respective order are available. Depending on the device, technical availability and shop settings, these may include credit and debit cards, Shop Pay, Apple Pay, Google Pay and bank transfer as advance payment.

For payment by bank transfer, the invoice amount must be transferred within seven calendar days after receipt of the payment request, quoting the order number. Processing and shipping take place after full receipt of payment.

For electronic payment methods, payment processing may be carried out by Shopify and other participating payment service providers. The terms of the payment service provider selected may additionally apply to the extent that they govern the contract between you and that provider.

9. Delivery and delivery time

We currently deliver to addresses in Germany, France, Switzerland, the United Kingdom, the United States, Canada, Japan, Australia, New Zealand, the United Arab Emirates and Saudi Arabia.

The regular delivery time within Germany is three to seven business days unless a different delivery time is stated in the respective product offer. Business days are Monday to Friday excluding public holidays at the place of delivery.

For international deliveries, transport, customs and import processing may result in longer delivery times. The delivery time applicable to the respective work and country of delivery is stated in the product offer or checkout before completion of the order. Agreed delivery periods and statutory rights in the event of delayed delivery remain unaffected.

For payment by bank transfer, processing begins after full receipt of payment. Particularly large, heavy, delicate or high-value artworks may be delivered by an art logistics provider or another suitable specialist transport provider. In such cases, a delivery date may be arranged individually.

Partial deliveries are made only where objectively necessary and reasonable for you. A partial delivery initiated by us does not result in additional shipping costs for you.

10. Transfer of risk

For consumers, the risk of accidental loss of or accidental damage to the goods generally passes only when the goods are handed over to the consumer or to a recipient designated by the consumer.

If the consumer independently commissions a carrier that was not previously named by us, risk passes upon handover to the carrier in accordance with the statutory provisions.

For business customers, risk generally passes when the goods are handed over to the carrier, freight forwarder or other person designated to carry out shipment.

11. Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

12. Ownership of the artwork and copyright

When an artwork or a physical copy of a work is purchased, only ownership of the physical object is generally transferred.

Copyright usage and exploitation rights, in particular rights of reproduction, adaptation, publication, distribution, exhibition or making available to the public, are transferred only where this has been expressly agreed.

Statutory rights of the owner of a physical work and statutory limitations and exceptions under copyright law remain unaffected.

13. Right of withdrawal

Consumers generally have a statutory right of withdrawal for distance contracts. Details are set out in our Withdrawal Instructions and Model Withdrawal Form.

For goods that are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly tailored to the consumer's personal needs, the right of withdrawal may be excluded in accordance with the statutory provisions.

For existing original artworks, editions or other goods that were not individually produced for the consumer, the statutory right of withdrawal generally continues to apply.

A general voluntary right of return or exchange beyond the statutory right of withdrawal and statutory rights in respect of defects is granted only where this is expressly stated in the respective offer.

14. Electronic withdrawal and cancellation function

Consumers may submit an electronic withdrawal, return or cancellation request via the “Withdraw from contract” link provided in our online store.

A cancellation request for items that have not yet been performed or dispatched does not automatically terminate the contract. We review the request and inform you how it is handled. The statutory right of withdrawal remains unaffected.

15. Statutory liability for defects

Statutory liability for defects applies.

The statutory limitation period for consumers' claims in respect of defects is not shortened by these Terms & Conditions, including for used artworks.

A deviation from the objective requirements for goods is effective against consumers only if the consumer was specifically informed of the deviation before submitting the contractual declaration and the deviation was expressly and separately agreed.

Guarantees exist only if they are expressly designated as a guarantee in the respective product offer or in a separate declaration.

For business customers, the duties of inspection and notification under Section 377 of the German Commercial Code (HGB) additionally apply where the purchaser is a merchant and the transaction is a commercial transaction for both parties.

16. Transport damage

Please inspect the shipment as soon as reasonably possible after receipt and document visible damage to the packaging or work with photographs. Please report transport damage promptly to kontakt@kernchen.com.

For consumers, failure to comply with this request has no effect on statutory rights in respect of defects or warranty rights.

17. Liability

We are liable without limitation for damage resulting from an intentional or grossly negligent breach of duty, for injury to life, body or health, under the German Product Liability Act, in cases of fraudulent concealment of a defect and to the extent of any guarantee expressly assumed.

In the event of a slightly negligent breach of a material contractual obligation, our liability is limited to the loss that is typical for the contract and foreseeable when the contract is concluded. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely.

Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law.

The above liability provisions apply accordingly to our legal representatives, employees and vicarious agents.

18. Shopify technical platform

Our online store is operated through Shopify. Shopify processes personal data when you visit our shop, use a customer account or place an order. This may also include services that take account of information from your interactions with our shop, with Shopify and with other Shopify merchants.

Further information can be found in our Privacy Policy and in Shopify's Consumer Privacy Policy.

19. Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

20. Governing law and jurisdiction

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.

If the contracting party is a merchant, a legal entity under public law or a special fund under public law, Munich is the exclusive place of jurisdiction for all disputes arising from the contractual relationship to the extent permitted by law.