Terms of service
for consumers, as of February 28, 2022

 1. Contractual language and scope of application

1.1. The contractual language is German.
1.2.  For the business relationship between Cheetah Craft GmbH, owner: Alexander Ehrenstrasser and Iveta Ehrenstrasser, Breitegasse 1, 2124 Niederkreuzstetten, Austria (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.3. A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
1.4. Deviating terms and conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
1.5. The place of jurisdiction and performance shall be the registered office of the Seller.

2. Object and applicability

2.1. The purpose of the CheetahCraft website is to present the works of artists (hereinafter referred to as the "Seller") to users of the site (potential "Buyers") and to enable them to discover and purchase them online directly from the Seller. The present General Terms and Conditions have as their object the determination of the modalities and conditions of sale of the works presented on the Site and the determination of the rights and obligations of the parties in this relationship. Purchases made through the Site are concluded directly between the Buyer and the Seller. In no event is CheetahCraft a reseller of the works offered by Sellers through the Site. CheetahCraft acts solely as an intermediary in the provision of the Site, thus enabling a match between Sellers and Buyers. Consequently, CheetahCraft is not part of the purchase contract, which is concluded exclusively between the buyer and the seller. The latter, in turn, is the sole seller of the works and is solely liable for the obligations arising therefrom.
2.2. The full acceptance of the present General Terms and Conditions is required for the conclusion of the purchase contract by both the Seller and the Buyer. This acceptance is indicated by a checkbox in the order form of the work.

3. Clarification that the web store does not yet legally constitute an offer

3.1. The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee. The Works are offered for sale by the Seller on the site subject to their availability.
3.2. All offers are valid unless otherwise stated with the products. In all other respects, errors are excepted.

4. Ordering process and conclusion of contract

4.1. The customer's order constitutes an offer. Our confirmation of receipt of the customer's order by email is not an acceptance of the offer on our part. A purchase contract is only concluded when we accept your order and send you a shipping confirmation when the package is shipped.
4.2. The customer can select products from the assortment of the seller without obligation and collect them via the button "add to cart" in a so-called shopping cart. Within the shopping cart, the product selection can be changed, e.g. deleted. Subsequently, the customer can proceed to the conclusion of the ordering process within the shopping cart via the button "Order now".
4.3. By clicking on the button "Order now with obligation to pay", the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and go back to the shopping cart using the browser function "back" or cancel the ordering process altogether. Necessary data are marked with an asterisk (*).
4.4. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again. The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the application.
4.5. The purchase contract is only concluded when the seller ships the ordered product to the customer.

5. Binding of the customer to his offer

5.1 The customer is bound to his order upon two days from receipt of this order. The statutory right of revocation (right of withdrawal) shall remain unaffected.
5.2 The date of receipt of the order shall be notified to the customer without delay as part of the confirmation of receipt.

 6. Intellectual property

6.1. The Seller warrants that he is the author of the work sold and that the work does not in any way violate applicable laws, regulations and standards and does not infringe any rights of third parties.
6.2. He undertakes to protect CheetahCraft and the Buyer from any action brought by a third party with respect to the Work sold under the warranty for defect of title. In the event of sale, the Seller shall transfer to the Buyer the material carrier of the Work and shall assign to the Buyer its reproduction rights in the Work.
6.3. However, the Seller shall retain the moral rights to the Work sold and the rights associated with its reproduction.

7. Prices, shipping costs and delivery

7.1. All prices are total prices. They are inclusive of all taxes including VAT and duties.
7.2. The delivery of the ordered works shall be made to the address indicated in the order summary form during business hours and according to the modalities agreed upon by the shipping service provider specified at the time of the order.
7.3. The Buyer shall inform himself about the modalities and delivery times implemented by the various shipping service providers.
7.4. The obligations relating to the delivery of the order, more specifically the respect of the announced deadlines, the nature of the packaging of the work and its conformity, are the exclusive responsibility of the Seller, since CheetahCraft cannot be held responsible in any way in the event of a breach by the Seller. However, Seller may bring an action against the shipping service provider. Buyer agrees to inspect the condition of the Work upon receipt of the order and to express any reservation in writing and promptly, but no later than 48 hours, to CheetahCraft, who will forward it to Seller.

8. Delivery, availability of goods

8.1. Unless otherwise agreed, we deliver within fourteen (14) days after our confirmation. We will indicate any deviating delivery times on the respective product page.
8.2. If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract.
8.3. If the ordered product is not available because Cheetah Craft is not supplied with this product by the Artist through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
8.4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

9. Payment modalities

9.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process. These are in any case:
- Immediate bank transfer
- Credit card payment
- Payment on account
9.2. Customers will be informed about the available payment methods on a separate information page.
9.3. For all payment methods, payment must be made in advance without deduction. We reserve the right to exclude payment on account after a credit check.
9.4. If the seller allows payment in advance, the contract is concluded with the provision of bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of advance payment is therefore made for a maximum of 10 calendar days.
9.5. If third party providers are commissioned with the payment processing, e.g. PayPal, their terms and conditions apply.
9.6. If the day of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case the customer has to pay the statutory default interest.
9.7. The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
9.8. The customer’s rights of set-off are valid only if its counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

10. Payment Due/ prepayment

10.1. If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract. The goods will be delivered only after receipt of the amount on our bank account.

11. Interest on arrears

11.1. Even if the contractual partner is not responsible for the delay in payment, we are entitled to charge interest on arrears in the amount of 4% per annum; this shall not affect claims for compensation for proven higher interest in the event of a delay in payment.

12. Right of withdrawal / right of revocation

12.1. The term "right of withdrawal" commonly used in Austria corresponds to the term "right of revocation" commonly used in Germany and used in the Consumer Rights Directive. We therefore use the equivalent term "right of withdrawal (Rücktrittsrecht)". In the cancellation policy, only the term "right of withdrawal" is used. This is equivalent to the Austrian term "Rücktrittsrecht.
12.2. Details can be found in the cancellation policy.
12.3. There is no right of withdrawal (right of rescission) for goods that are made to customer specifications or clearly tailored to personal needs.

13. Legal warranty

13.1. The provisions of the statutory warranty shall apply. The warranty period for the delivery of movable goods is two years from the date of acceptance of the goods.
13.2. The statutory warranty provisions shall apply to consumers in the event of defects in the goods (§8 KSchG, Consumer Protection Law). There is no case of warranty for damage caused by improper use or handling of the product. The same applies to normal wear and tear.
13.3. The product images on the website and / or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered pieces correspond to the other product specification.
13.4. If the customer is a consumer as stipulated in the KSchG (Consumer Protection Law), he has to check the delivered goods diligently after receipt for completeness, correctness and other defects, in particular for the integrity of the packaging, and to notify us of any defects by email to office@cheetahcraft.eu and describe them briefly within 48 hours. This only serves the purpose of faster and more effective processing of any notices of defects. A violation of this obligation does not lead to any limitation of the consumer's statutory warranty rights.
13.5. If a return of the goods to us is requested by the customer and should the goods actually be deficient, we shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the consumer. Defective goods shall therefore only be returned upon our express request.
13.6. Complaints based on statutory warranty claims or other complaints can be made by use of the contact details listed in the imprint.

14. Retention of title

14.1. The goods delivered by us shall remain our property until full payment of all our claims arising from the respective delivery. If the Entrepreneur sends the goods, the risk of loss or damage to the goods shall not pass to the Consumer until the goods are delivered to the Consumer or to a third party designated by the Consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a choice proposed by the carrier, the risk shall pass over as soon as the goods are handed over to the carrier. In the absence of any other agreement, the consumer acquires ownership of the goods at the same time as the risk passes.
14.2. The customer shall be obliged to handle the goods with care during the existence of the retention of title. He shall inform us without delay of any seizure of the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. If the customer is at fault, he shall compensate us for all damages and costs incurred as a result of a breach of these obligations and as a result of necessary intervention measures against access to the goods by third parties.
14.3. In the event of default in payment by the customer, we shall be entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a rescission of the contract unless we expressly declare the rescission of the contract.

15. Liability

15.1 .The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to the other statutory requirements for claims.
15.2. The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
15.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, whose fulfilment enable the proper execution of the contract in the first place, and the compliance which the Customer regularly relies upon. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
15.4. The above mentioned limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
15.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
15.6. Customers who are entrepreneurs must prove the existence of intent or gross negligence and assert claims for damages within one year from the transfer of risk. The provisions on damages contained in these GTC or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.
15.7. If the customer is an entrepreneur, any recourse claims within the meaning of § 12 of the Product Liability Act shall be excluded unless the person entitled to recourse proves that the defect was caused in our sphere and was at least due to gross negligence.

16. Jurisdiction, Choice of Law, Miscellaneous

16.1. The place of jurisdiction for all disputes arising from this contract shall be the court having local and subject-matter jurisdiction for 2124 Niederkreuzstetten, except in cases pursuant to 11.2. This shall not affect our right to bring an action before another court having jurisdiction for the customer.
16.2. If our customer is a consumer and has his domicile or habitual residence in Austria at the time of conclusion of the contract or if he is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located may have jurisdiction to bring an action against him.
16.3. If the customer is a consumer and at the time of the conclusion of the contract is resident or habitually resident in another EU member state, and if we exercise a professional or commercial activity in the EU member state in whose territory the consumer is resident, or direct such activity by any means to this member state or to several states, including this member state, and the contract falls within the scope of this activity, the consumer's action may also be brought before the court of the place where the consumer is resident; the action against the consumer may be brought only in the courts of the Member State in whose territory the consumer is domiciled.
16.4. The substantive law of the Republic of Austria shall apply exclusively, to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence are not displaced.
16.5. Should individual provisions of these General Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in the case of contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the invalid provision.

17. Contact details for customer complaints:

You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 4:00 pm at +43 676 7135446 and by email at office@cheetahcraft.eu.
Alternative dispute resolution:
We submit consumers to an alternative dispute resolution procedure at the following alternative dispute resolution center.
.....................................................................................................................
Internet Ombudsman: http://www.ombudsmann.at
Consumers also have the option of contacting the online
Dispute Resolution Platform of the EU:
http://ec.europa.eu/odr