Terms and Conditions

Last Updated: December 3, 2024

Please read these Terms and Conditions (“Terms”) carefully before placing an order on funkingkunst.com (the “Website”). By accessing or using our Website and purchasing our products, you agree to be bound by these Terms.

1. General

1.1 About Us
Funking Kunst operates this Website. We are a small business (Kleinunternehmer) registered in Germany under §19 UStG and do not charge VAT.

Business Address:
Funking Kunst
Tutzinger Str. 10
81369 Munich, Germany
Email: [email protected]

1.2 Age Requirement
You must be at least 18 years old to purchase from our Website. Customers aged 16-17 may purchase with parental or guardian consent.

1.3 Applicable Law
These Terms are governed by German law. Any disputes shall be subject to the exclusive jurisdiction of the courts in Munich, Germany.

2. Products

2.1 Custom-Made Products
All products sold on our Website are custom-made, print-on-demand items. Each product is produced specifically for your order after you place it. Production typically begins within hours of your order being placed.

2.2 Product Descriptions
We make every effort to display product colors, sizes, and details as accurately as possible. However:

  • Color Variations: Due to differences in screen displays and the printing process, actual product colors may vary slightly from what appears on your screen. Minor color variations are normal and not considered defects.
  • Size Charts: Size charts are provided on each product page. Please review them carefully before ordering.
  • Material Variations: Natural characteristics of materials (such as fabric texture) may vary slightly between products.

2.3 Product Availability
While we strive to keep all products in stock, occasional supply issues may occur. If a product becomes unavailable after you place an order, we will contact you immediately to discuss alternatives or issue a full refund.

3. Ordering and Pricing

3.1 Placing an Order
When you place an order, you are making an offer to purchase the products. We reserve the right to accept or decline your order. Order confirmation will be sent to your email address.

3.2 Prices
All prices are listed in EUR (€) and include all applicable taxes. As a Kleinunternehmer, we do not charge VAT. Prices are subject to change without notice, but changes will not affect orders already placed.

3.3 Pricing Errors
We reserve the right to correct obvious pricing errors (such as a product accidentally listed at €0.01). If this occurs, we will contact you before processing your order and offer you the option to:

  • Purchase at the correct price
  • Cancel your order with a full refund

3.4 Payment
Payment must be made at the time of ordering through our payment provider, PayPal. Your order will not be processed until payment is confirmed.

4. Order Modifications and Cancellations

4.1 Customer-Initiated Cancellations
Due to the custom nature of our products, order cancellations are only possible before production begins. Production typically starts within minutes to a few hours after your order is placed.

To request cancellation:

  • Contact us immediately at [email protected] with your order number
  • If production has not yet started, we will cancel your order and issue a full refund
  • If production has already begun, we cannot cancel or modify your order

4.2 Modifications
Once an order is placed, we cannot modify product details, designs, sizes, colors, or shipping addresses. Please review your order carefully before completing checkout.

4.3 Company-Initiated Cancellations
We reserve the right to refuse or cancel any order for the following reasons:

  • Suspected fraudulent activity
  • Payment issues
  • Incorrect pricing or product information
  • Technical errors
  • Violation of these Terms

If we cancel your order, you will receive a full refund.

5. Shipping and Delivery

5.1 Shipping Information
Products are produced and shipped from facilities close to your delivery location. Delivery times vary by destination but typically take 5-10 business days after production is complete.

5.2 Shipping Address Accuracy
You are responsible for providing a complete and accurate shipping address. We are not responsible for:

  • Orders delivered to incorrect addresses provided by you
  • Orders returned due to incomplete or insufficient addresses
  • Delays caused by incorrect address information

If your order is returned due to an incorrect address you provided, you will be responsible for the cost of reshipping.

5.3 Customs and Import Duties
For international orders outside the EU, you are responsible for any customs duties, taxes, or fees imposed by your country. These charges are not included in our product prices.

5.4 Lost or Undelivered Orders
If your order is lost in transit or not delivered within 30 days of the estimated delivery date, please contact us. We will investigate with the shipping carrier and, if confirmed lost, send a replacement at no charge.

6. Returns and Quality Issues

Please refer to our separate Returns & Refunds Policy for complete details. Key points:

  • Custom-made products cannot be returned for change of mind
  • Defective or damaged products: contact us within 14 days of delivery
  • We provide free replacements for validated quality issues

7. Intellectual Property

7.1 Your Designs
All product designs featured on our Website are created and owned by Funking Kunst. You may not reproduce, distribute, or use our designs without written permission.

7.2 Website Content
All content on this Website, including text, images, logos, and graphics, is protected by copyright and belongs to Funking Kunst unless otherwise stated.

8. Privacy and Data Protection

Your personal information is processed in accordance with our Privacy Policy and the EU General Data Protection Regulation (GDPR). By using our Website, you consent to such processing.

9. Limitation of Liability

9.1 Product Quality
While we strive to provide high-quality products, we do not guarantee that products will be completely free from minor imperfections inherent to the print-on-demand process.

9.2 Liability Limits
To the extent permitted by German law:

  • Our total liability for any claim arising from your purchase shall not exceed the amount you paid for the affected product
  • We are not liable for indirect, incidental, or consequential damages
  • Nothing in these Terms excludes our liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation

10. Customer Responsibilities

By using our Website, you agree to:

  • Provide accurate and complete information during checkout
  • Use the Website only for lawful purposes
  • Not attempt to interfere with the proper functioning of the Website
  • Not impersonate any person or entity
  • Review product details, sizes, and colors carefully before ordering

11. Dispute Resolution

11.1 EU Online Dispute Resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/

11.2 Consumer Arbitration
We are not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Website after changes constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Contact Us

For questions about these Terms and Conditions, please contact us:

Funking Kunst
Email: [email protected]