STANDARD BUSINESS TERMS
SECTION 1 – GENERAL PROVISIONS
(1) This website is operated by Galerie KORNFELD. Throughout the site, the terms “we”, “us” and “our” refer to Galerie KORNFELD. Galerie KORNFELD offers services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Our “Service” in the sense of the following regulation entails the sale, rental, and dispatch of works of art.
(2) The following terms are applicable to all the contracts which you conclude with us as a supplier (Galerie KORNFELD Kunsthandel GmbH & Co. KG) via our website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(3) In the context of the following regulations, a "Consumer" refers to any individual who engages in a legal transaction that cannot primarily be attributed to their commercial or independent professional activities. The term "Business Entity" includes individuals, legal entities, or legally responsible partnerships that engage in a legal transaction as part of their independent professional or commercial activities.
(4) By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
(5) Contract language shall be English.
SECTION 2 – CONCLUSION OF THE CONTRACT
(1) The subject-matter of the contract is the selling of products including digital content. We act as a distributor for external parties, selling their product under our own brand. In this capacity, we function as either a partial or full commission agent. Despite this, we are a contractual partner and have all the associated rights and responsibilities.
(2) As soon as you place the order for the respective product on our website, we shall submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
SECTION 3 – IDENITY OF THE SELLER
Galerie KORNFELD Kunsthandel GmbH & Co. KG
Represented by: Galerie Kornfeld (Kunsthandel) Verwaltungsgesellschaft mbH, which in turn is represented by the managing directors Annegret Langmann and Alfred Kornfeld
Fasanenstraße 26, 10719 Berlin, Germany
Phone: +49 (30) 889 225 890
SECTION 4 – DIGITAL CONTENT
The digital content we provide is subject to copyright protection. Upon purchasing any digital content from us, you will be granted a usage license by the relevant licensor. The specific terms and extent of this license are defined in the corresponding offer's license terms.
SECTION 5 – PRICES AND PAYMENT ARRANGEMENT
(1) The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
(2) The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
(3) If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes, or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
(4) You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
(5) The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
(6) Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
SECTION 6 – OFFERED PAYMENT METHODS
(1) Payment by Shopify Payments
If you choose the payment method Shopify Payments, the payment will be processed Stripe Payments Europe, Ltd. (25-28 North Wall Quay, IFSC, Dublin 1, D01 H1O4, Ireland), organized under the laws of Ireland, which is a technical services provider and may offer the services as an agent of one or more financial institutions in Germany. The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. The Payments Services support most Payment Network Cards, including credit, debit, pre-paid, or gift cards:
Accepted credit cards
- American Express
- Union Pay
Accepted digital wallet payments
- Apple Pay
- Google Pay
Local payment methods
- Klarna Pay Later
You can find more information on “Shopify Payments” at https://www.shopify.com/legal/terms-payments-de
(2) Payment by PayPal
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately.
You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Cash payment upon handover
You may of course also collect the purchased artworks in our gallery and pay in cash or by credit card upon handover of the artworks.
SECTION 7 – RIGHT OF RETENTION
The right of retention can only be exercised when the situation involves claims that arise from the identical contractual relationship.
SECTION 8 – RESERVATION OF PROPRIETARY RIGHTS
(1) The goods remain our property until the purchase price is paid in full.
(2) If you are a businessman, the following conditions apply:
a) We maintain ownership of the goods until all the claims arising from the ongoing business relationship are fully settled. The goods subject to retention of title cannot be pledged or used as collateral before ownership of the goods is transferred.
b) You have the option to sell the goods again in a regulated transaction. As part of this process, you hereby cede all the claims equivalent to the billing amount that arise from the resale, and we accept this cession. Additionally, you have permission to collect the specific claim. However, if you fail to fulfill your payment obligations appropriately, we retain the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
SECTION 9 – WARRANTY
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects, and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. If you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are a businessman, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
SECTION 10 – DELIVERY CONDITIONS, PROVISIONS
(1) The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and conditions of the provision of digital content can be found under https://galeriekornfeld.com/shipping-policy
(2) If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation. If you are a businessman, the delivery and shipping operations take place at your own risk.
SECTION 11 – CHOICE OF LAW
German law shall apply. The application of this choice of law is limited to customers, provided that it does not lead to the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located.
SECTION 12 – PLACE OF FULFILMENT, JURIDICTION
(1) If you are a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are explicitly inapplicable.
Last updated: 28 June 2023