Terms of service

General Terms and Conditions

§ 1 Scope

These terms and conditions apply to all deliveries between KURIOSIS Fine Art GmbH, Mühlenstr. 8a, 14167 Berlin, and its customers.

These terms and conditions apply to all contracts concluded between the parties. Any of the customer's differing terms and conditions do not apply, even if we do not explicitly object to them. Individual special agreements take precedence over these terms and conditions; this does not apply to pre-formulated contractual conditions of the customer.

§ 2 Conclusion of contract

The presentation of our goods and the option to order do not constitute a binding offer on our part.

Only your order represents an offer to us to conclude a purchase contract. To place an order, you can add goods to your shopping cart, log in to our site, register or enter your personal data, then check your entries on the overview page and submit a binding purchase offer for the goods contained in the shopping cart by confirming the order in the final step of the ordering process. You can cancel the order at any time by pressing the “Back” button on your browser and by closing the browser window. The overview page that appears before the order is completed allows you to check your details again for input errors and, if there is an input error, to correct it by pressing the “Back” button.

When you place an order with us, we will send you an e-mail to the e-mail address you provided, confirming receipt of your order and listing its details (order confirmation).

This order confirmation does not constitute acceptance of your offer, but is merely to inform you that we have received your order.

A purchase contract with us is only concluded when we ship the ordered product to you and confirm the shipment to you with a second e-mail (shipping confirmation).

A contract between the parties can also be concluded as follows:

• If you have selected the “credit card” payment method, the contract is concluded at the time the credit card is charged.
• If you have selected the “PayPal” payment method, the contract is concluded at the time the payment instruction is confirmed to the payment provider PayPal.
• If you have selected the “Apple Pay” payment method, the contract is concluded at the time the payment instruction is confirmed to the payment provider “Apple”.
  
• If you have selected “Google Pay” as your payment method, the contract shall be concluded at the time of confirmation of the payment instruction to the payment provider “Google”.
• If you have selected “Sofort” (by Klarna, formerly “Sofortüberweisung”) as your payment method, the contract shall be concluded at the time of confirmation of the payment instruction to the payment provider Sofort GmbH.
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§ 3 Prices and shipping costs

The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, which depend on the shipping method and the size and weight of the goods you have ordered. The shipping costs are shown separately in the order overview.

The following applies to consumers: You bear the regular costs of returning the goods if you exercise your right of withdrawal. If you exercise your right of withdrawal, we will refund the purchase price including the delivery costs for the return shipment.

§ 4 Payment

Payment is made by:

• credit card
• cash on delivery (for orders up to 3,500 EUR)
• prepayment or by way of financing
• PayPal
  
• immediate transfer
• invoice
• direct debit

We expressly point out that Deutsche Post only accepts cash for payment of cash on delivery shipments.

By providing the credit card number in the order, we are authorized to collect the purchase price from the credit card account specified in the order.

§ 5 Default of payment

If you default on payment, we are entitled to demand default interest at a rate of 5 percentage points above the base rate p.a. announced by the German Bundesbank for the time of the order from consumers and 9 percentage points above the base rate p.a. from companies. If we can prove that we have incurred higher default damages, we are entitled to claim these.

§ 6 Right of retention

You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.

If you are a merchant, a legal entity under public law or a special fund under public law, you are not entitled to withhold payments due to any counterclaims on your part that have not been recognized by us or established by a court of law, nor are you entitled to offset payments against such counterclaims. Without our express written consent, you are also not entitled to assign claims arising from the contractual relationship to third parties.

§ 7 Delivery

(1) Delivery will be made to the delivery address provided by you.

(2) If force majeure (natural disasters, war, civil war, terrorist attack, etc.) makes delivery or any other service permanently impossible, our obligation to perform is excluded. We will immediately refund any amounts already paid.

(3) We can also refuse performance if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to your interest in the fulfillment of the purchase contract. We will immediately refund any amounts already paid.

(4) Bulky goods (packages with a volume greater than 1 m³) are usually delivered by a freight forwarder. We expressly point out that these goods will not be carried into the house.

(5) If you are a merchant, a legal entity under public law or a special fund under public law, we are entitled to make partial deliveries if:

the partial delivery or service can be used by the customer within the scope of the intended contractual purpose,

the delivery or service of the remaining contractual goods is ensured, and

the customer incurs only insignificant additional expenses or no significant additional costs as a result (unless we agree to bear these costs).

In the event of a partial delivery or service, the customer remains entitled to assert his rights with regard to the overall service in the event of a service disruption.

(6) If you are a merchant, a legal entity under public law or a special fund under public law, the place of performance is our place of business. We are not liable for damage to or the loss of the goods in transit, provided that they have been properly packed and shipped.

§ 8 Favorable shipping method for returns

(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.

(2) If you have revoked the contract, you shall bear the costs of the return shipment. If you are returning the goods on the basis of another right, e.g. a defect, you can write to us and we will send you a fully prepaid and addressed return label enclosed with the goods delivery. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.

§ 9 Reservation of title

The goods supplied remain our property until all claims against you arising from the purchase contract have been settled in full. As long as this reservation of title exists, you may neither resell nor dispose of the goods; in particular, you may not contractually grant any third party the use of the goods.

§ 10 Rights in the event of defects

(1) In the event of a product being defective upon delivery (warranty claim), we will, at your option, either replace it with a defect-free product at our expense or have it professionally repaired (subsequent performance). You are advised that there is no warranty claim if the product had the agreed quality at the time of the transfer of risk. In particular, there is no warranty claim in the following cases:

a) In the case of damage caused by you through misuse or improper use.

b) In the case of damage caused by the fact that the products have been exposed to harmful external influences at your premises (in particular extreme temperatures, humidity).

c) In the case of color deviations from the display on our website. In particular, there may be a deviation in the case of art prints offered by us, which results from a different display of the products by the end device that you use to place the order. Furthermore, it should be noted that each art print is specially made and is therefore always subject to a certain artistic freedom.

(2) Furthermore, we do not provide any guarantee for a defect that has arisen due to improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance you desire (replacement delivery or repair) requires an effort that, in view of the product price, taking into account the content of the contract and the principles of good faith, is grossly disproportionate to your interest in performance – whereby in particular the value of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for you must be taken into account – your claim shall be limited to the other type of subsequent performance. Our right to refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.

(4) In the event of a repair or a replacement delivery, you are obliged to send the product to the return address provided by us at our expense, quoting the order number. Before sending the product, you must remove the items you have inserted from the product.

(5) Your liability for damages in the event of a breach of the return obligation for which you are responsible is governed by the statutory provisions.

(6) You may, at your discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a product that is in a condition that complies with the contract within a reasonable period of time.

(7) In addition, claims may also exist against the manufacturer under a guarantee granted by him, which are governed by the corresponding guarantee conditions.

(8) Our statutory warranty ends two years after delivery of the goods. The period begins with the receipt of the goods. In the case of a defect that has shown itself within the regular warranty period, however, the limitation period shall not occur until at least four months after the time at which the defect first showed itself. The limitation period after the defect has been remedied shall not occur until at least two months after the time at which the repaired or replaced goods were handed over.

§ 11 Liability

(1) In the event of slight negligence, we shall only be liable if we have violated essential contractual obligations and only to the extent of the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. We shall not be liable for any other damage caused by a defect in the purchased item due to slight negligence.

(2) Regardless of fault on our part, our liability remains unaffected in the event of fraudulent concealment of the defect or the assumption of a guarantee. The manufacturer's warranty is a warranty from the manufacturer and does not constitute the assumption of a guarantee by us.

(3) We are also responsible for the impossibility of delivery due to coincidence during our delay, unless the damage would have occurred even if delivery had been made on time.

(4) The personal liability of our legal representatives, agents and employees for damages caused by them through slight negligence is excluded.

§ 12 Applicable law

The contract concluded between you and us is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

§ 13 Place of Jurisdiction

If you do not have a residence in the European Union, contrary to the information provided at the time of the order, or if you move your residence to a country outside the EU after the contract has been concluded, or if your residence is not known at the time of the commencement of proceedings, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be our registered office.

If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the place of jurisdiction. We are also entitled to file a lawsuit at your place of business.

§ 14 Protection of minors

If goods are purchased that are subject to the protection of minors, suitable measures will be taken to verify your identity and age. The goods will only be handed over if you have been able to prove that you are of legal age.

§ 15 Dispute resolution

General information requirements for alternative dispute resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: . We are not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration board.

§ 16 Final Clauses

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, the validity of the remaining provisions shall not be affected, provided that a contractual partner is not unreasonably disadvantaged by this.

(2) The language of the contract is German. The text of the contract will not be saved after the contract has been concluded. You will receive the order details with all the information in the order confirmation to the e-mail address you provided. You can view our terms and conditions and cancellation policy at any time on our website and save or print them using your browser's print function.

(3) Amendments or supplements to this contract must be made in writing.

Customer service:

Our customer service is available by email at info@kuriosis.com. You will receive a reply here within 48 hours on weekdays.