Terms & Conditions

We know this is the boring part, but please make sure you take a couple of minutes to read this very important information! By ordering from CheekyApple, you agree to these Terms & Conditions.

Ownership of Rights

All rights, including copyright, related to this website are owned by CheekyApple. Any use of this website or its contents, including copying or storing of information or images in whole or part, other than for your own personal non-commercial use, is prohibited without the express permission of CheekyApple.

Password and Account Security

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. CheekyApple shall not be liable to any person for any loss or damage which may arise as a result of failure by you to protect your password or account.

Payment Terms

Payments can be made either by bank transfer or via Paypal and must not be subject to any deductions. Payments should be made within 7 days of placing your order. If we do not receive your payment in this time, we reserve the right to cancel your order. Should you require more time to complete your payment, please contact us in advance. 

Once we have received your payment, we will ship your order within 2-3 business days. We accept no liability if a delivery is delayed because of delayed payment. 

All prices are exclusive of VAT. 

Please note that your order may be subject to local custom fees or other taxes for which you are fully responsible. Please contact your local customs and/or tax office for further information. 

Please see the "Payment and &Security" page in the "Information" section for more information.

Availability

All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. You will have the option to wait until the item is available, to choose an alternative or to cancel your order.

Ordering Errors

You are able to correct errors on your order up to the point at which you click on “Order” or "I confirm my order” on the final page of our ordering process.

Shipping

CheekyApple will deliver the goods to the address you specify in your order. It is important that the address is accurate. We cannot accept any liability for any loss or damage to the goods once they have been shipped. We aim to deliver the goods by the date quoted for delivery but shipping times are not guaranteed. If shipping is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will endeavor to contact you. 

Your shipping costs will be clearly indicated at checkout. Please note that you are responsible for any custom fees/local taxes that may be incurred on international orders in your country. 

For complete shipping information, please see the “Shipping & Returns” page in the “Information” section of our website. 

Risk & Ownership

Risk of damage to or loss of the goods passes to you at the time of shipment, or if you fail to take delivery of the goods. Ownership of the goods passes to you once the goods have been successfully delivered and once we have received payment in full for the goods.

Acknowledgment and Acceptance of your Order

If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the item(s) ordered. We must receive complete payment for the goods that you order before your order can be accepted. Your payment of the goods represents an offer on your part to purchase the goods, which will be accepted by us once we send you an email notifying you that the goods have been shipped to you. Our acceptance of your order brings into existence a legally binding contract between us.

Cancellation Right

You have the right to cancel your order within seven working days of placing your order by notifying us of your wish to cancel the order. Where goods have NOT yet been shipped, the order will simply be canceled and we will refund your payment for such order. Where goods have already been shipped, your cancellation is subject to our return policy, which is set out below.

Return Policy

If for any reason you are not completely satisfied with our products, or should you need to exchange an item, this can be done within 30 days, provided the goods have not been worn or washed, and are in exactly the same condition that they were in at the time of delivery. 

Return shipments are at your own risk. Please note that whether an item is deemed faulty and/or whether an item can be refunded, replaced or exchanged is solely up to our judgment.

In the case of faulty goods, we will refund the return shipping costs. Where a replacement or exchange product is sent, we will deliver this at our cost. If you prefer a refund, we will refund the original shipping costs where applicable. 

In all other cases (e.g. change of mind, wrong choice of size or colour, etc.) you are responsible for the return shipping costs. The original shipping costs (where applicable) cannot be refunded. Any exchanges (except for in the case of faulty goods, as described above) are treated as a new order and will incur shipping costs. Where items have been shipped for free and are returned, any refunds made will be subject to deduction of the original shipping costs paid by CheekyApple for that particular order. Please note that refunds will only be made to the original payer.

Refunds can in all cases be replaced by a credit slip on your account which you can use for your next order.

Please see the "Shipping & Returns" page in the "Information" section for more information on returns.

Cancellation by CheekyApple

We reserve the right to cancel a contract if we have insufficient stock to fulfill the order or if any of the goods ordered were listed at an incorrect price due to a typographical error. If we do cancel your contract we will notify you by email and will refund your payment as soon as possible.

References

Please note that usage of the words “CheekyApple”, “we”, “us”, “our” etc. throughout this website all refer to the person of Nadescha Stenzel who is the owner and operator of this website.

Severability

If any provisions in these Terms & Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Disclaimer and Privacy Policy

Please be aware that the Disclaimer and Privacy Policy in the “Information” section of this website govern your use of this website together with these Terms & Conditions.

Amendments

We reserve the right to amend these Terms & Conditions from time to time without prior notice and advise you to read them on a regular basis, especially before you make a purchase. We accept no liability for any loss or damage caused as a result of changes to these Terms & Conditions.

Law, Jurisdiction and Language

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with Austrian law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of Austria. Contracts may be concluded in English or German. Where there are discrepancies between the English and German versions of this website, the English version shall prevail.

These Terms & Conditions were last updated on 1 November 2015.