TERMS OF SERVICE
§1 general scope:
The following general terms and conditions apply for every business relations between:
Lea Cheyenne Sauskat
Zwölf Berge 23
25588 Oldendorf
Germany
and the customer. Relevant is the version up to the time of conclusion of contract.
§2 conclusion of contract:
(1) The online-presentation of artworks is not an offer by itself, it’s a non-binding request to the customer to do a request. The online-presentation could slightly deviate from the ordered artwork. Especially the colour reproduction is technical not 100% dependable.
(2) The purchase-interest or request for an artwork/design does not lead to the completion of the sales agreement on the customers side.
(3) A reply to a request via email or any messenger is not an acceptance of a contract.
(4) If the article is available and up for sale and/or if the capacity for work is existing, the offer happens by email or messenger. All individual agreements are also recorded in the offer.
(5) The contract is accepted through a written acceptance of the offer sent in advance. The customer is obliged to read the terms and conditions. By accepting the contract, the customer accepts the terms and conditions.
§3 prices and delivery:
(1) All prices quoted are gross prices without sales tax in accordance with section 13b UStG (German Value Added Tax Act). In the case of special offers, the price offered is limited to the special offer. Details can be found in the respective art description or special offer.
(2) The customer receives the goods in a way that is appropriate for the product. Files can be downloaded from a cloud via a link for a certain period of time. Analog works will be sent or can be picked up by arrangement.
(3) If the customer has chosen delivery by delivery agent, shipping costs are added. The shipping costs depend on the weight of the ordered products and the shipping method and are listed in the offer.
(4) All risks and dangers that may arise in the context of the dispatch of goods are borne by the customer as soon as the goods have been handed over by Lea Cheyenne Sauskat to the deliverer or to the customer himself. Lea Cheyenne Sauskat is not liable for damage to or loss of the goods after they have been handed over for transport. If necessary, these must be asserted against the deliverer.
§4 term of payment:
(1) Payment is made in advance. The delivery will take place after the payment.
(2) The customer receives an invoice for the invoice amount.
(3) Should claims not agreed in the contract arise, these can lead to costs that have not been billed.
The customer will also receive an invoice for these additional payments.
(4) If there is no receipt of payment within 14 days of the conclusion of the contract, Lea Cheyenne Sauskat is no longer interested in performance and Lea Cheyenne Sauskat makes use of her statutory right of withdrawal (Section 323, Paragraph 2, Item 2 of the German Civil Code).
§5 working conditions:
(1) The length of the work process always depends on the project, can vary and can also be changed by external influences. Accordingly, the working time can only be estimated and is not a binding deadline.
(2) If a binding deadline is agreed, this will be recorded in the offer. If the agreed deadline cannot be met, the customer will either get their money refunded, the goods will not be received and the order will be canceled. Alternatively the order will continue to be processed, but the customer will receive 20% of the amount paid back. Lea Cheyenne Sauskat is not responsible for any other costs or damage caused by any late delivery.
(3) The work process consists of individual work sections, which must always be approved by the customer after completion of each work section. Which work sections and how many are included in the process depends on the project.
(4) During the work process, the customer has the number of change or adaptation requests specified in the contract, which can be expressed in the intermediate steps to be agreed.
(5) If processing is to be carried out faster than the usual processing time, or if work is to be carried out outside normal working days (Sundays and public holidays), this is associated with a surcharge, which varies individually according to the order.
(6) A signature and a Mora are always included in the work. If this is not the case, there is an individual surcharge.
§6 right of use:
(1) The customer is entitled to use the work for private purposes. If the customer presents the goods online or on social media platforms, the author Lea Cheyenne Sauskat must always be linked and named. Her stage name MoraMoor can also be used for this.
(2) For online presentations or posts / reposts of said works, the version with watermark must be used, which Lea Cheyenne Sauskat can request for such purposes.
(3) Commercial use is prohibited.
(4) Commercial uses and failure to mention the author can be contractually agreed; these have a surcharge, which varies according to the requirements.
(5) The author Lea Cheyenne Sauskat retains all rights of use of the work. Restrictions on the right of use must be agreed individually and contractually; these have a surcharge, which varies according to the requirements.
(6) Using the work and creations of Lea Cheyenne Sauskat to train an artificial intelligence or use them to create new things with anartificial intelligence is prohibited.
§7 reservation of proprietary rights:
Lea Cheyenne Sauskat retains ownership of the goods until the purchase price has been paid in full. A pledge or security transfer of the goods without her written consent is not permitted.
§8 complaints:
(1) Complaints must be addressed to Lea Cheyenne Sauskat within 7 days of receipt of the goods, immediately after they become known.
Defects / errors can be corrected up to 2 times. Defects / errors do not include a complete revision of the project.
(2) All intermediate steps of the work process that have been approved by the customer cannot be objected to by the customer.
(3) This excludes defects that have arisen through transport or personal negligence, improper handling, use, storage, changes to the goods or natural wear and tear.
§9 warranty:
(1) The customer is obliged to check the delivered goods for quality deviations immediately after receipt and to report any complaints in writing within 14 working days, otherwise the assertion of warranty claims is excluded.
(2) In the case of complaints, the date of purchase must be proven with an invoice. Defects caused by transport, improper handling, changes to the delivered item or natural wear and tear are excluded. The customer bears the full burden of proof for all claim requirements.
(3) Customary or minor, technically unavoidable deviations in quality, color, size, print, work of art or design may not be objected to.
§10 right of withdrawal:
(1) Cancellation policy
a.) Declaration of cancellation:
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or – if the item is given to you before the deadline expires – by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 of the German Introductory Act To The Civil Code, the EGBGB, as well as our obligations according to § 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in connection with article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
The revocation must be sent to:
Lea Cheyenne Sauskat
Zwölf Berge 23
25588 Oldendorf
Telephone: 0152 55 27 53 53
b.) Consequences of cancellation:
In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If you are unable or partially unable to return or surrender the received service and benefits (e.g. advantages of use) or only in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any benefits drawn if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop.
Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to the ordered ones. Items that cannot be sent as parcels must be returned to the contractual partner yourself. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your declaration of cancellation or the goods, for us with their receipt.
End of revocation
(2) The right of withdrawal does not apply to deliveries of works of art that are made according to customer specifications or that are not suitable for return due to their nature.
(3) The goods intended for return must be properly packed. Transport damage caused by improper packaging is a burden for the customer. Only the original or equivalent packaging is considered to be correct packaging.
§11 Vertraulichkeit:
Customer data will of course be treated confidentially and will not be passed on to third parties. They are for internal use only.§12 Schlussbestimmungen:
§12 final provisions:
(1) If the customer is a businessman, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual residence are not known at the time the action is brought.
(2) Subsidiary agreements, assurances of properties, changes to the contract must be made in writing. This written form agreement can only be deviated from by means of a written agreement.
(3) Should individual provisions of the contract with the contractual partner, including these general terms and conditions, be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation is to be replaced by a regulation whose economic success comes as close as possible to the ineffective one.