Terms of service
General Terms and Conditions
This is a non-binding English translation provided for your convenience. The legally binding version is the German version (Allgemeine Geschäftsbedingungen). Last updated: June 2026.
§ 1 Scope and Provider
(1) These General Terms and Conditions ("GTC") apply to all contracts you conclude with us as a consumer via our online shop at unearthed-gallery.com.
(2) The provider and your contractual partner is: Marcel Karcher, UNEARTHED – Arts + Crafts Gallery, Gabelsbergerstraße 83, 80333 Munich, Germany. Email: info@unearthed-gallery.com · Phone: +49 1575 6313107 · VAT-ID: DE357474644.
(3) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). Our offer is directed at consumers.
(4) The version of these GTC valid at the time of your order applies.
§ 2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
(2) By clicking the "order with obligation to pay" ("zahlungspflichtig bestellen") button, you submit a binding offer to purchase the goods in the cart. Immediately before submitting your order, the essential order details are displayed; you can correct input errors there using the usual keyboard and mouse functions.
(3) We confirm receipt of your order promptly by email (confirmation of receipt). This does not yet constitute acceptance. The contract is concluded only when we accept your order by a separate order confirmation or by shipping the goods.
§ 3 Prices and Shipping Costs
(1) All prices are total prices and include statutory VAT (7% on tea, 19% on ceramics and other goods).
(2) For goods offered by weight (e.g. loose-leaf tea, matcha), the unit price (Grundpreis) is also stated.
(3) Shipping costs may apply in addition to the stated price and are shown separately during the order process before you complete your order. For tea and matcha, delivery is free from an order value of €60 within Germany and €100 within the EU. Otherwise, shipping costs are based on the weight of the order and are calculated during the order process.
§ 4 Payment Terms
(1) Payment is due upon conclusion of the contract. The following payment methods are available: credit card, PayPal, Klarna, Apple Pay and Shop Pay.
(2) Which payment methods are available in an individual case is shown during the order process.
§ 5 Delivery and Delivery Times
(1) We deliver within Germany, to the EU and to numerous other countries. Delivery is made to the delivery address you provide.
(2) Delivery times vary depending on the destination country and region. Within Germany, we ship on Tuesdays and Fridays; after dispatch, delivery usually takes 2–3 business days.
(3) Seasonal shipping pause: Around the turn of the year, shipping is temporarily suspended (last dispatch approx. 30 December, resumption approx. 22 January). Orders remain possible and are processed after resumption.
(4) If we ship the goods to you as a consumer, the risk of accidental loss and accidental deterioration passes to you only upon handover of the goods to you (§ 474 (2) BGB).
§ 6 Retention of Title
The delivered goods remain our property until full payment.
§ 7 Right of Withdrawal
As a consumer, you have a statutory right of withdrawal. Details can be found in our Withdrawal Policy, which contains a model withdrawal form.
§ 8 Warranty (Liability for Defects)
(1) The statutory law on liability for defects (§§ 434 et seq. BGB) applies.
(2) Nature of handmade goods: A significant part of our range is handmade. Minor variations in shape, colour, glaze, grain, surface or size, as well as irregularities typical of the respective technique, are an expression of the craftsmanship and do not constitute a defect. The respective product description and image define the agreed quality.
§ 9 Liability
(1) We are liable without limitation in accordance with statutory provisions for damages arising from injury to life, body or health, and for damages based on intent or gross negligence.
(2) For damages caused by slight negligence, we are liable only in the event of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential to the proper performance of the contract and on whose observance you may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.
(3) Otherwise, liability is excluded. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 10 Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Contract Language and Storage of the Contract Text
(1) The languages available for concluding the contract are German and, additionally, English. The German version of these GTC is authoritative and legally binding.
(2) We do not keep the contract text permanently accessible beyond the statutory requirement. You receive your order data and the applicable GTC with the order confirmation by email; we recommend keeping these.
§ 12 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you as a consumer have your habitual residence in another state, the mandatory consumer-protection provisions of that state remain unaffected (Art. 6 Rome I Regulation).
(2) No special place of jurisdiction is agreed with consumers; the statutory provisions apply.
§ 13 Final Provisions
Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
