General Terms and Conditions (GTC)

1. Scope

The following GTC apply to all contracts concluded between Hermann Krause Kunsthandel GmbH and consumers or business entities upon individual request via this website.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor to their self-employed professional activity. A business entity is a natural or legal person, or a partnership with legal capacity, that acts in the course of its commercial or self-employed professional activities when entering into a legal transaction.

With respect to business entities, these Terms and Conditions also apply to future business relationships without the need for us to refer to them again. If a business entity uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they will only become part of the contract if we have expressly agreed to them.

2. Online Catalog, Conclusion of Contract

This website is solely an online catalog. The display of the works does not constitute a legally binding offer, but rather a non-binding presentation of a selection from our inventory. You may contact us without obligation using the inquiry function for a specific work or via the contact form.

A purchase contract is not concluded until we have reached an individual agreement with you—usually via email or telephone—regarding the purchase of a work and we have expressly confirmed your order. The contracting party is Hermann Krause Kunsthandel GmbH.

The languages available for the conclusion of the contract are German and English.

We will save the text of the contract and send you the contract details and our Terms and Conditions via email. You can also view the Terms and Conditions at any time here on this page.

3. Prices and Delivery Terms

All prices will be communicated to you individually or agreed upon with you. Shipping costs may apply in addition to the agreed-upon prices; we will inform you of the amount before the contract is concluded.

We ship the goods. We will arrange with you on a case-by-case basis whether pickup is possible.

4. Payment

Payment terms are agreed upon individually. As a rule, payment is made in advance: We will provide you with our bank details in the order confirmation or invoice and ship the goods upon receipt of payment. Other payment methods may be agreed upon individually.

5. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal for contracts concluded exclusively via means of distance communication (e.g., email or telephone). We provide consumers with the withdrawal policy prior to the conclusion of the contract. Business customers are not granted a voluntary right of withdrawal.

6. Retention of Title

The goods remain our property until full payment has been made.

The following applies additionally to business customers: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you hereby assign to us in advance all claims arising from such resale—regardless of whether the goods subject to retention of title have been combined or mixed with a new item—in the amount of the invoice total, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect the claims ourselves if you fail to meet your payment obligations.

7. Damage During Transport

For consumers: If goods are delivered with obvious damage incurred during transport, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to file a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance provider.

For business customers: The risk of accidental loss or accidental deterioration passes to you as soon as we have delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects as set forth in § 377 of the German Commercial Code (HGB) applies. If you fail to provide the notice required therein, the goods shall be deemed accepted, unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.

For consumers, the statute of limitations for claims for defects in used goods is one year from delivery of the goods.

For business customers, the statute of limitations for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected.

With respect to business customers, only our own specifications and the manufacturer’s product descriptions that have been incorporated into the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising claims.

If the delivered item is defective, we shall initially provide warranty to business customers, at our discretion, either by remedying the defect (repair) or by delivering a defect-free item (replacement).

The foregoing limitations and shortened time limits do not apply to claims arising from damages caused by us, our legal representatives, or our agents

in the event of injury to life, limb, or health
in the event of intentional or grossly negligent breach of duty, as well as fraudulent misrepresentation
in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)
within the scope of a warranty promise, to the extent agreed
to the extent that the scope of application of the Product Liability Act applies.

Information regarding any applicable additional warranties and their exact terms and conditions can be found in the respective offer.

9. Liability

We are always liable without limitation for claims arising from damages caused by us, our legal representatives, or our vicarious agents

in the event of injury to life, body, or health
in the event of a breach of duty caused by willful misconduct or gross negligence
in the event of warranty promises, to the extent agreed
to the extent that the scope of application of the Product Liability Act applies.

In the event of a breach of essential contractual obligations—the fulfillment of which is essential for the proper performance of the contract and on the observance of which the contracting party may regularly rely (cardinal obligations)—due to slight negligence on our part, on the part of our legal representatives, or our vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.

In all other respects, claims for damages are excluded.

10. Final Provisions

If you are a business operator, German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Based on the General Terms and Conditions, created using the Trusted Shops legal text generator in cooperation with Wilde Beuger Solmecke Attorneys at Law; adapted to the catalog and inquiry model of this website.