AGB
Last updated: 23 July 2026
1. Seller and scope
These Terms of Service apply to all orders placed through the online shop operated by:
Kayser Fine Arts / Frank Kayser
Wasserkupenstraße 20–24
36124 Eichenzell
Germany
Tel.: +49 6659 986 9999
Email: office@kayserfinearts.com
These Terms apply to the sale of framed photographic Fine Art Works, limited-edition artworks, artist’s proofs, art books and other art-related objects offered through the online shop.
Any individual agreement made directly with the customer takes precedence over these Terms. Conflicting terms supplied by a business customer shall apply only where Kayser Fine Arts has expressly agreed to them in writing.
2. Consumers and business customers
A consumer is a natural person who enters into a transaction predominantly for purposes that are outside that person’s trade, business or profession.
A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of its commercial or independent professional activity.
3. Nature of the artworks
The Fine Art Works offered by Kayser Fine Arts are physical photographic artworks. Unless expressly stated otherwise in the relevant product description, the works are supplied as complete framed objects with glazing and are not sold as unframed reproductions.
The exact motif, format, edition, frame material, frame finish, glazing, mounting method and other product characteristics are determined by the description shown on the relevant product page at the time of ordering.
The lines ATELI’R and XPOSURE have different artistic, curatorial, production and edition concepts. The applicable characteristics are those expressly stated on the respective product page.
4. Handcrafted production and natural materials
Many Fine Art Works are prepared, framed, mounted, glazed, assembled and inspected individually after the order has been received. Frames and related components may be produced from natural wood and other materials whose appearance cannot be completely standardised.
Variations in grain, growth pattern, knots, pores, density, tone, shade, structure and surface character are inherent characteristics of natural wood and other natural materials.
The delivered frame may therefore differ in these respects from product photographs, material samples, display pieces or previously produced examples. Such variations form part of the agreed individual character of the product and do not constitute a defect, provided that the selected wood type, finish, general colour character and agreed construction correspond to the product description.
The appearance of wood may also change slightly depending on light, viewing angle, humidity, age and the natural maturation of the material. These material-related characteristics are not defects.
Minor variations resulting from handcrafted cutting, joining, mounting, glazing, finishing and assembly, as well as technically unavoidable dimensional tolerances, do not constitute a defect where they do not materially impair the appearance, stability, function or value of the work.
Minor differences in frame joints, surface texture, mounting position, border width, external dimensions or material thickness may occur as part of handcrafted production, provided that the work remains consistent with the agreed product specification and customary standards of fine-art framing.
5. Images, colours and product presentation
Product images are prepared with the aim of representing the artwork, materials, framing and glazing as accurately as reasonably possible.
However, the appearance of colours, brightness, contrast, saturation, tonal range, surface texture, reflections and scale may vary depending on the customer’s monitor, mobile device, browser, display calibration, colour profile, screen brightness, ambient lighting and viewing conditions.
A digital screen display cannot provide a colour-binding or material-binding representation of a physical Fine Art Work. In particular, luminous screen colours, reflected light, paper surfaces, glazing, wood grain and physical material depth cannot be reproduced identically on every device.
Such technically caused differences between the digital representation and the physical artwork do not constitute a defect, provided that the delivered work corresponds in all material respects to the agreed motif, format, edition, framing specification and product description.
A defect exists only where the delivered work materially deviates from the agreed characteristics or otherwise fails to meet the applicable statutory requirements.
Images showing artworks in interiors, galleries, architectural environments or other spatial settings may be visualisations or exemplary presentations.
Unless expressly stated otherwise, surrounding walls, furniture, lighting, accessories, architectural elements and decorative objects shown in such images are not included in the purchase.
The apparent size of a work in an interior visualisation is illustrative. The binding dimensions are exclusively those stated in the product description and selected during the ordering process.
6. Editions, numbering and certificates
Where a work is offered as a limited edition, the edition size shown on the product page is binding.
The numbering of the delivered work is selected by Kayser Fine Arts unless a specific edition number has been expressly agreed in writing before the order is accepted.
Artist’s Proofs, abbreviated as “AP”, are separate from the numbered edition only where this is expressly stated in the product description or certificate.
Where a certificate of authenticity or edition certificate forms part of the product description, it will be supplied with the work.
Certificates, labels, signatures and edition numbers form part of the provenance of the artwork and should be retained permanently by the owner.
The purchase of a limited-edition work does not constitute a financial investment product. Kayser Fine Arts does not guarantee any future increase in market value, resale value or collectability.
7. Ordering process
The presentation of products in the online shop does not constitute a legally binding offer. It is an invitation to the customer to submit an order.
The customer may select a product, place it in the shopping cart and correct input errors before submitting the order.
By clicking the final order button, the customer submits a binding offer to purchase the products contained in the shopping cart.
Receipt of an automatically generated order confirmation does not by itself constitute acceptance of the order unless the confirmation expressly states that the contract has been accepted.
The contract is concluded when Kayser Fine Arts expressly accepts the order, confirms production or dispatch, requests payment, or dispatches the ordered work, whichever occurs first.
Kayser Fine Arts reserves the right to reject an order where a work is unavailable, an edition is sold out, a price or product description contains an obvious error, payment cannot be authorised, or delivery cannot reasonably be made to the stated address.
8. Contract language and storage of the contract
The contract language is the language in which the customer completes the order, unless otherwise agreed.
The order information and these Terms are made available to the customer during the ordering process.
The customer will also receive order information electronically. Customers are advised to retain the order confirmation, product description and the applicable version of these Terms.
9. Prices
All prices shown in the online shop are stated in the currency displayed during checkout.
For deliveries within Germany and, where applicable, within the European Union, prices include statutory value-added tax unless expressly stated otherwise.
Shipping, freight, packaging, insurance, customs clearance or other delivery-related costs are shown separately during checkout or communicated to the customer before the contract is concluded.
For deliveries outside the European Union, import duties, import taxes, customs charges or local handling fees may be imposed by the destination country.
Unless expressly stated otherwise, such charges are not collected by Kayser Fine Arts and are payable by the recipient.
10. Payment
The payment methods available for a particular order are displayed during checkout.
Payment is due at the time stated during checkout or in the order confirmation.
Where advance payment is agreed, production and delivery periods begin only after full payment has been received.
The customer may exercise rights of set-off only where the counterclaim is undisputed, has been finally established by a court, or arises from the same contractual relationship.
Consumers retain all mandatory statutory rights.
11. Production and delivery times
Many Fine Art Works are made, framed or finished individually after an order has been placed.
The estimated production or delivery time shown on the product page or in the order confirmation therefore forms part of the contractual product information.
Delivery times are estimates unless a fixed delivery date has been expressly confirmed in writing.
Where an order contains several products with different production times, Kayser Fine Arts may dispatch the products together once the complete order is ready, unless partial delivery has been agreed.
Partial deliveries are permitted only where they are reasonable for the customer. Additional shipping costs will not be charged without prior agreement.
If a work cannot be completed or delivered within the indicated period, Kayser Fine Arts will inform the customer without undue delay and provide an updated estimate.
12. Delivery and access
Delivery is made to the address supplied by the customer during checkout.
Large-format, fragile or high-value works may be delivered by a specialist carrier or freight forwarder. The carrier may contact the customer to arrange a delivery appointment.
The customer is responsible for providing a correct and accessible delivery address and, where relevant, for informing Kayser Fine Arts before dispatch of restrictions such as narrow staircases, limited lift dimensions, access controls, pedestrian zones or other circumstances affecting delivery.
Unless expressly agreed, delivery does not include installation, wall mounting, unpacking at the final display location, disposal of packaging or transport beyond the point normally served by the carrier.
Additional costs caused by an incorrect address, an unsuccessful delivery attempt, refusal of delivery without legal justification or undisclosed access restrictions may be charged to the customer where the customer is responsible for those costs.
13. Transfer of risk and transport damage
For consumers, the risk of accidental loss or accidental damage passes to the customer when the work is delivered to the customer or to a person designated by the customer.
This does not apply where the customer independently commissions a carrier not offered by Kayser Fine Arts.
For business customers, the risk passes when the goods are handed over to the carrier, freight forwarder or other person appointed to perform the shipment.
Customers are requested to inspect the outer packaging and the work promptly upon delivery.
Visible transport damage should, where possible, be recorded with photographs and noted with the carrier.
Failure to report visible transport damage immediately does not affect a consumer’s statutory rights. Prompt notification nevertheless helps Kayser Fine Arts pursue claims against the carrier and arrange a solution more quickly.
14. Retention of title
The delivered work remains the property of Kayser Fine Arts until the purchase price and all amounts due under the relevant order have been paid in full.
15. Right of withdrawal for consumers
Consumers generally have a statutory right to withdraw from a distance-selling contract within fourteen days.
The conditions, time limits, procedure, return address and consequences of withdrawal are set out in the separate Cancellation Policy provided in the online shop.
The fact that a standard catalogue work is prepared, framed or assembled only after the order is received does not by itself exclude the statutory right of withdrawal.
The right of withdrawal may be excluded for a work that is not prefabricated and is produced on the basis of a genuinely individual selection or specification made by the customer, or that is clearly tailored to the customer’s personal requirements.
This may apply in particular to individually commissioned motifs, individually agreed special formats, personalised inscriptions, bespoke frame constructions, customer-specific material combinations or other products expressly identified as custom-made before the order is placed.
Where the statutory right of withdrawal is excluded for a custom-made product, the customer will be informed clearly before submitting the order.
16. Returns following withdrawal
The customer should contact Kayser Fine Arts before returning a framed, glazed, large-format or specially packed Fine Art Work so that a safe and suitable transport procedure can be coordinated.
This request for prior coordination does not make the exercise of a statutory right of withdrawal dependent on approval by Kayser Fine Arts.
The work must be returned without undue delay and in any event within the statutory return period.
The customer must package the work carefully and in a manner appropriate to its value, size, glazing and fragility.
Where reasonably possible, the original transport box, protective corners, glazing protection, wrapping materials and internal supports should be reused.
The customer bears the direct cost of returning the goods where the customer has been properly informed of this obligation in the Cancellation Policy.
For works that cannot normally be returned by standard post, return costs may be substantial and may include specialist-art transport or freight-forwarding costs.
The customer is liable only for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods, in accordance with applicable law.
17. Complaints, inspection and return coordination
Customers are requested to notify Kayser Fine Arts promptly of any alleged defect or transport damage.
The notification should include the order number, title of the work, delivery date, a precise description of the alleged deviation and suitable photographic documentation.
A general statement that the work appears different from the customer’s monitor display is not by itself sufficient to establish a defect.
The customer should identify the specific characteristic that allegedly deviates from the agreed motif, format, edition, frame specification, glazing, material description or other binding product information.
In the case of visible transport damage, photographs should show:
- the complete outer packaging;
- all damaged areas of the packaging;
- the shipping labels;
- the internal protective materials;
- the complete frame and glazing;
- the front and rear of the work; and
- the specific area allegedly affected.
The original packaging, internal supports and all protective materials should be retained until the matter has been resolved.
No large-format, glazed or specially packed artwork should be returned without prior coordination with Kayser Fine Arts.
Prior coordination is necessary to select a suitable carrier, avoid additional damage, preserve evidence and determine the correct transport and inspection procedure.
This request for prior coordination does not restrict any statutory right of withdrawal or statutory warranty right.
The customer remains responsible for packaging and handling the work with the care reasonably required for a fragile and valuable framed artwork.
An unauthorised or unsuitable return method that causes avoidable additional damage may be taken into account when determining responsibility for that additional damage, subject to applicable law.
Where a defect is alleged, Kayser Fine Arts is entitled to inspect the work or request appropriate photographic documentation before determining the suitable remedy.
Where legally permitted, Kayser Fine Arts may provide subsequent performance by repair or replacement before further remedies are exercised.
Natural material characteristics, screen-related colour differences, normal changes caused by lighting, customary handcrafted tolerances and other characteristics expressly described in these Terms or on the product page do not constitute defects.
This applies in particular to normal differences in wood grain, wood tone, pores, knots, surface structure, handmade joints, material texture and technically unavoidable production tolerances.
Nothing in this section excludes or limits mandatory statutory rights of consumers.
18. Statutory rights in the event of defects
The statutory rights relating to defective goods apply.
A work is defective where it does not have the agreed characteristics, is unsuitable for its contractually agreed or customary purpose, or otherwise fails to meet applicable statutory requirements.
In the event of a justified defect, the customer may request the statutory remedy, including repair or replacement, subject to the requirements and limitations of applicable law.
Any commercial guarantee or voluntary promise applies only where it has been expressly provided in writing and does not restrict statutory rights.
19. Care, installation and environmental conditions
Fine Art Works must be handled and installed with appropriate care.
The customer is responsible for using suitable wall fixings, load-bearing systems and installation methods appropriate to the dimensions, weight, frame construction and wall material.
Unless installation has been expressly commissioned from Kayser Fine Arts, Kayser Fine Arts is not responsible for damage caused by unsuitable mounting materials, incorrect installation, insufficient wall strength, impact, dropping or other improper handling after delivery.
Artworks should not be exposed to excessive moisture, condensation, direct heat, persistent high humidity, aggressive cleaning agents or unsuitable storage conditions.
Direct and prolonged sunlight may affect papers, pigments, woods and other materials over time despite the use of high-quality and UV-reducing materials.
The use of protective glazing reduces but does not necessarily eliminate all effects of light exposure.
Only suitable soft, dry or manufacturer-approved materials should be used for cleaning frames and glazing.
Liquids should not be allowed to enter the frame construction.
20. Copyright and rights of use
The purchase of a physical artwork transfers ownership of the physical object only.
All copyrights, reproduction rights, publication rights, exhibition rights, digital rights, merchandising rights and other intellectual-property rights in the motif and artwork remain with Frank Kayser or the respective rights holder unless expressly transferred in writing.
The customer may display the lawfully purchased physical work for private purposes.
The purchase does not grant the right to reproduce, scan, photograph for commercial exploitation, distribute, publish, license, modify, tokenise, mint as an NFT, create derivative products from, or otherwise commercially exploit the artwork or motif.
Incidental private photographs of an interior in which the artwork is visible are permitted, provided that they do not constitute commercial exploitation of the artwork itself and do not infringe the artist’s moral rights.
Commercial publication, advertising use, editorial reproduction, public campaigns, product placement or other professional use of an image of the artwork requires prior written permission.
21. Resale and provenance
The owner may resell the physical artwork subject to applicable law.
Certificates, labels, edition information and original documentation should accompany the work in the event of resale.
Any removal, alteration or falsification of signatures, edition numbers, labels or certificates may impair authenticity and provenance.
Kayser Fine Arts is not responsible for representations, prices, condition reports or authenticity statements made by third-party sellers after the original sale.
22. Liability
Kayser Fine Arts has unlimited liability for intent and gross negligence, for injury to life, body or health, under mandatory product-liability law, and where a guarantee has expressly been assumed.
In cases of ordinary negligence, Kayser Fine Arts is liable only for breach of an essential contractual obligation whose fulfilment is necessary for proper performance of the contract and on whose observance the customer may regularly rely.
In such cases, liability is limited to the loss that was foreseeable and typical for the contract at the time the contract was concluded.
Mandatory statutory liability and statutory consumer rights remain unaffected.
23. Events beyond reasonable control
Kayser Fine Arts is not responsible for delays caused by circumstances beyond reasonable control, including natural disasters, fire, flood, war, embargoes, strikes, transport interruptions, official measures, shortages of specialist materials, failure of suppliers or carriers, or comparable events.
Kayser Fine Arts will inform the customer where such an event materially affects production or delivery and will take reasonable steps to minimise the delay.
Mandatory statutory rights, including rights arising from an unreasonable or indefinite delay, remain unaffected.
24. Complaints and customer service
Questions, complaints and notices relating to an order may be sent to:
Kayser Fine Arts / Frank Kayser
Wasserkupenstraße 20–24
36124 Eichenzell
Germany
Tel.: +49 6659 986 9999
Email: office@kayserfinearts.com
25. Consumer dispute resolution
Kayser Fine Arts is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board, unless participation is required by mandatory law in an individual case.
26. Governing law
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law does not deprive the consumer of mandatory protections granted by the law of the country in which the consumer has their habitual residence.
27. Place of jurisdiction
Where the customer is a merchant, a legal entity under public law or a special fund under public law, the courts responsible for the registered place of business of Kayser Fine Arts shall have jurisdiction, to the extent permitted by law.
The statutory rules on jurisdiction apply to consumers.
28. Final provisions
If an individual provision of these Terms is invalid or unenforceable, the remaining provisions shall remain unaffected, provided that this is consistent with applicable law.
The invalid or unenforceable provision shall be replaced by the applicable statutory provision.