Kreamondo SAS, a company with a capital of 3000 Euros, registered with the Trade and Companies Register of Manosque under number 840 548 762, whose head office is located at 4 Avenue de l’Observatoire 04300 Forcalquier (hereinafter referred to as designated “Kreamondo”).
The Platform is the kreamondo.com Internet portal providing access to all services operated by Kreamondo, namely the free store locator service and the Marketplace service (coming soon).
The Marketplace service (coming soon) allows the linking of sellers (hereinafter the “Vendors”) with buyers previously registered on the site www.kreamondo.com. Kreamondo under the URL https://kreamondo.com/ is the digital guide and the Marketplace (coming soon) shops exhibiting and selling craftsmen and designer products handmade creations crafted by the Sellers in small series.
The service linked to the Marketplace also makes it possible to link the Sellers with any User of the Platform, even a non-Buyer, who has previously registered on the Site as a Member, and also offers communication tools between Members.
Vendors, Buyers and Users of the Platform, not Buyers or Sellers, previously registered on the site kreamondo.com, are hereinafter jointly referred to as “Members”. All products listed for sale on the Marketplace by the Sellers are hereinafter referred to as “Products”.
These general conditions of use (hereinafter the “General Conditions”) govern access and use to the entire Platform and to each of the services of the Platform and describe the conditions under which Kreamondo proposes the access to its services through the Platform. The General Conditions apply to any User of any of the Sites, whether registered as a Member or not.
The documents entitled Products authorized and prohibited for sale and Kreamondo Charter are intended to supplement the Terms and Conditions and / or to specify the terms thereof, and are incorporated by reference into these General Terms and Conditions. You will have the opportunity to read carefully these documents with contractual value before using the Platform and we strongly advise you to do so because they aim in particular to specify the rules of use of our service.
1.1 “Buyer” means a Member who has indicated his acceptance of a Seller’s offer on the Kreamondo Marketplace.
1.2 “Content (s)”: means any content provided by a Member on the various services of Kreamondo, in particular, without this list being exhaustive, any shop, any Product, any data, information, text, any object listed, descriptive, any comment, any evaluation of a Seller or a Product, any name, pseudonym, sign, photograph, image, sound, video, logo and any other element provided by the Member on the Platform, including when registering, in an ad, an e-mail message, on a forum or on the shop of a Seller.
1.3 “Member”: means any person who registers on the site www.kreamondo.com.
1.4 “Platform”: refers to the functional and organizational structure set up by Kreamondo allowing the implementation of several services. A free store locator service and a Sellers and Product Buyers link service accessible through www.kreamondo.com. The Platform includes all the services and therefore designates all or some or all of the services.
1.5 “Product” means a product offered for sale on the Marketplace by a Seller. The Product must comply with these General Conditions and in particular do not constitute a Prohibited Product.
1.6 “Prohibited Product” means a product prohibited for sale on the Marketplace, as more fully described in article 4.4 of these Terms and Conditions.
1.7 “Marketplace” means the marketplace on the Kreamondo Platform or a Seller’s product or its products and or a Buyer buys one or more products from a Seller.
1.8 “User” means any person who uses the Platform, whether Member or not.
1.9 “Seller” means a Member referencing his physical store on the digital guide, opening a virtual store on the Marketplace and offering Products for sale through the Platform.
2 OBLIGATIONS OF Kreamondo
2.1 The Platform is an online sales area on which Products, in accordance with these Terms and Conditions (and in particular Kreamondo’s policy regarding Products authorized and prohibited for sale), may be offered for sale, sold and acquired by the Members, as long as their offer, sale or acquisition is not contrary to the legal provisions in force and to these General Conditions.
To this end, Kreamondo
(i) offers Sellers the opportunity to present their physical store and sell their Products through one or more virtual and personal shops to each Seller,
(ii) provides Sellers with tools to promote and promote their Products,
(iii) provides Members with community tools to interact with other Members and exchange information about their passions.
2.3 Kreamondo’s role is limited to a trusted third party role. Kreamondo provides intermediation between Buyers and Sellers, except as expressly provided herein. Kreamondo does not intervene in any way in the transactions between Buyers and Sellers, who decide alone, and at their own discretion, the conclusion of sales contracts through the Platform. Kreamondo is not a reseller or owner of the Products offered for sale on the Platform, never owns the Products offered for sale, stores the Products and is not a depository in any way whatsoever. In addition, with the exception of the limited intermediation role described in these Terms and Conditions, Kreamondo does not intervene in any way in the production, marketing and / or distribution chain of the Products (including compliance, packaging, labeling, transportation or any other activity). Kreamondo therefore has no control over the Products and can not specifically guarantee that the Seller’s Product will satisfy the Buyer. Similarly, Kreamondo can not guarantee to the Seller that the Product will not be returned or that the sale will not be canceled by the Buyer, all of these elements being exclusively and directly under the personal responsibility of each Seller and Buyer, except contrary to these Terms and Conditions.
2.4 Kreamondo, on the one hand, and the Member, on the other hand, are independent parties, each acting on his behalf and on his own behalf. Except as otherwise provided in these General Terms and Conditions, these General Terms and Conditions do not create any relationship of subordination, mandate, joint-stock company, joint venture, employer / employee relationship or franchiser / franchisee between Kreamondo and each Member.
2.5 Unless otherwise required by law, each Member releases Kreamondo (and any group company, corporate officers, officers, agents and employees) from all liability in the event of any claim, dispute and / or dispute between Members, and / or any damages present or future, presumed or not, ascertained or not, resulting directly or indirectly from this claim, dispute and / or litigation.
2.6 Without prejudice to the foregoing, Kreamondo reserves the right to participate in the promotion of the Products posted on the Platform and marketed by the Sellers, in particular by setting up partnerships with other Internet sites and / or by publications in the media and / or by sending advertising e-mails in accordance with the applicable legal provisions. Such participation can not deprive it of the status of mere intermediary in exchanges between Sellers and Buyers, since Kreamondo only promotes the Platform and the Products offered as a whole (and not such or such particular Products or selected by Kreamondo), but does not intervene in the relationship between Buyer and Seller regarding one or more Products in particular.
2.7 Kreamondo does not control the information provided by Members and made public on the Platform. Information from other Members may be offensive, harmful, inaccurate or misleading. The identity and quality of a Member may be different from those presented on the Site. Kreamondo therefore recommends each User to exercise caution and common sense when using the Platform.
3 OBLIGATIONS OF THE MEMBER
3.1 To access the Platform and the Marketplace, the Member must first register and open an account on the site www.kreamondo.com. Registration is only allowed to legal entities and individuals over the age of 16 with the capacity to perform legal acts, subject, for minors, to having obtained the prior authorization of their legal representative . The registration of a legal person must only be undertaken by a natural person authorized to represent it, which must be appointed.
3.2 Anyone who registers as a Member on the site www.kreamondo.com undertakes to provide accurate, complete and up-to-date information, and any other data (including personal data) that would be necessary for the completion and maintenance of registration on the Platform, including a valid email address and any additional information necessary to become a Seller or Buyer. Each Member also undertakes to update his account and to make any changes to his account without delay. Each Member shall be solely responsible for the consequences that may result from the provision of false, invalid or erroneous information to Kreamondo and / or another Member.
3.3 To register, the Member must choose a username (or username) and a password. The Member agrees not to register under a username infringing the rights of a third party. Notably, the Member will not use a username that infringes copyrights, trademarks, corporate names or signs of a third party or another Member, or a user name or pseudo visually or phonetically close to the username or username of another Member. In addition, the Member is prohibited from registering as a username all or part of a link URL, address or other domain name pointing to an external site. Kreamondo reserves the right, in particular in the event of a dispute between Members, to ask the Member who has not complied with this article to modify his username within a timeframe that will be communicated to him by Kreamondo. Failing to comply with this request, Kreamondo may terminate these General Conditions under the conditions provided for in article 12.2.
3.4 The Member’s registration on a Site allows him to create a single account by which he can access the entire Platform and therefore all other services available through the Platform, using the same name. user and password, each service providing direct access to other services.
3.5 The Member’s username and password are strictly personal and the Member agrees to maintain its confidentiality. The Registered Member is the only one authorized to use the Platform with his username and password and agrees not to allow any other person access under his identity or username. The use of the username of the Member associated with his password, makes presume access and use of the Platform by this Member. In the event that he becomes aware of access by a third party to his account, the Member agrees to inform Kreamondo immediately by e-mail to firstname.lastname@example.org.
3.6 Each Member undertakes to create and to use only one account, except specific stipulation for the Sellers. Any deviation from this rule must be the subject of an explicit request from the Member and express and specific authorization from Kreamondo. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained the authorization of Kreamondo may result in the immediate suspension and / or closure of the Member’s accounts and all associated services.
3.7 Each Member agrees to use the Site and to provide Content on the Site in compliance with these Terms and Conditions and the applicable laws and / or regulations.
3.8 Each Member is solely responsible for its Content, Kreamondo playing only a passive technical intermediary role for its posting and not controlling the Content before it is put online. The Member is prohibited from providing any Content or more generally to perform any act or act, on all or part of the Platform:
(i) infringing copyrights, patents, trademarks, designs, trade secrets, the right of disclosure and / or the privacy of others;
(ii) defamatory, abusive, denigrating and / or slanderous;
(iii) discriminatory and / or inciting racial, religious or ethnic violence or hatred;
(iv) obscene and / or pedophile;
(v) could be described as embezzlement, fraud, breach of trust or fall under any other criminal offense;
(vi) for the purpose of obtaining or attempting to obtain the transfer of money without, in return, the delivery of a Product conforming to these General Conditions of a value equivalent to the sums requested;
(vii) likely to damage any computer system or clandestinely intercept any data or nominative information;
(viii) engaging or likely to incur Kreamondo’s liability or resulting in the loss of the benefit of all or part of the services of Kreamondo’s service providers and in particular of its Internet service providers, payment service providers and / or storage providers;
(ix) may adversely affect the image and / or reputation of Kreamondo or the Platform and / or constitute acts of unfair or parasitic competition against Kreamondo, any other Member and / or third parties ;
(x) in order to hijack or attempt to divert all or part of the Buyers from the platform or to induce all or part of the Buyers to not or no longer buy on the Marketplace or any of the virtual shops present on a Site or Platform;
(xi) potentially unfair, prejudicial, anti-commercial or harmful to Kreamondo, the Platform, any Member and / or any third party;
(x) inaccurate or misleading;
(xi) that violates or is likely to violate any applicable law or regulation and / or any contractual clause binding the Member.
3.9 In addition, the Member is prohibited from (i) including in its search keywords any terms that infringe the rights of any third party, including copyrights, trademarks, corporate names or third-party names, or of a Member, or resuming all or part of the pseudonym of another Member, (ii) to include in all Content all or part of a link URL, address or other domain name pointing to a site external to the Platform, and / or (iii) to circumvent, divert and / or obstruct (or attempt to circumvent, deflect and / or obstruct) unfairly to a service subject to remuneration on the Platform.
3.10 By submitting Content through the Site, the Member grants to Kreamondo (but without obligation to Kreamondo) a non-exclusive, non-transferable, sublicensable, and free license, for the entire world, and for the duration of the Member’s registration, use, reproduce, represent, publish, make available, communicate, modify, adapt, display, on the Site and in any other medium (in particular on any physical or digital medium, in any press release or press or financial file, presentation material, promotional and / or advertising material, website), by any means, all or part of the Content, without limitation in the number of copies, for internal purposes, storage, advertising, promotion, marketing, communication, public relations and for the purpose of setting up partnerships or sponsors with Kreamondo partners. The Member acknowledges that any use of its Content made by Kreamondo prior to its unsubscription, the deletion or closure of its account or the termination of these Terms and Conditions may not be challenged by the Member.
3.11 In communicating Content through the Site, the Member also grants directly to any User a non-exclusive, personal, non-transferable, sublicensable, worldwide license, and for the duration of the registration. Member to reproduce and represent the Content for private non-commercial purposes.
3.12 The Member acknowledges that its Content may be viewed on the Site by any User who can access his profile and follow his activity. Deactivation options are available on the Member’s account.
3.13 Each Member agrees to indemnify Kreamondo in the event of any action by a third party against Kreamondo as soon as such action is based on, ground or originates any Content provided by him on the Platform. Each Member agrees to bear all consequences, including financial consequences, that may result from such action and to compensate Kreamondo at first request. Kreamondo reserves the right, without compensation, notice or notice, to modify or delete any Content that violates any provision of the Terms and Conditions, as well as to suspend, terminate or delete the Member’s account.
3.14 In the event that a Member notices the offer to sell Prohibited Products on the Site, he undertakes to immediately inform Kreamondo by e-mail to the following address: email@example.com.
3.15 In the event that Kreamondo is aware of any act or act of a Member outside the Platform (i) with a view to diverting or attempting to divert all or part of the Buyers from its platform or to incite all or part of Buyers to not or no longer buy on its platform or any of the virtual shops present on its Platform, (ii) potentially unfair, prejudicial, anti-commercial, denigrating, defamatory, abusive or harmful to Kreamondo, the Platform, any Member and / or any third party or (iii) otherwise violating Kreamondo’s applicable laws and regulations, Kreamondo reserves the right to terminate these Terms and Conditions in the circumstances provided for in Article 12.2.
3.16 The Member has an obligation to act in good faith and with respect in its relations with Kreamondo and other Members.
4 OBLIGATIONS OF THE SELLER
4.1 The objective of Kreamondo is to help the Sellers make their shop (s) visible, sell their Products and develop their business. For more information on the Products authorized and prohibited for sale on each Site, the Seller is invited to consult the “Products authorized and prohibited for sale” section available on each Site. In particular, it is specified that the products offered for sale on the Marketplace must be exclusively original creations made in a small series or food products from their production.
4.2 The Platform allows the Seller to create his virtual store on each Marketplace of the Platform through a single account with which are associated with an email address, a unique username (or username) and password. The Seller may sell, through each virtual store, only the authorized Products on the Site concerned. In addition, the Seller must provide the Buyer with payment by credit card and PayPal to allow the payment by the Buyer at one time of all Products purchased on several virtual shops of the same Site (single basket) .
4.3 Kreamondo also provides Sellers with promotional tools (such as, for example, coupons, gift certificates, sponsorship forms, etc.). The Seller is free to use or not such tools. Seller’s use of the promotional tools made available by Kreamondo is the sole and exclusive responsibility of the Seller.
4.4 Each Seller is prohibited from listing and / or offering for sale on the Products Site:
(i) not authorized for sale by Kreamondo on a Site (see the Prohibited Products for sale on each Site under the heading Products authorized and prohibited for sale).
(ii) not corresponding or not exactly to a Seller’s Product actually available for purchase or offered for sale on a Site;
(iii) which the Seller does not have and that he is unable to deliver, in particular within the time indicated in the offer;
(iv) contrary or non-compliant with applicable laws and regulations or morality or unauthorized under contractual provisions, including fraudulent Products (in particular Products constituting unlawful stolen or unlawfully imported goods), infringing rights of a third party, such as counterfeit goods within the meaning of the provisions of the Intellectual Property Code, sold in violation of selective or exclusive distribution networks, stolen and / or non-compliant with the requirements in force relating to consumer protection , safety and health of persons applicable to certain products (such as foodstuffs, toys, electrical appliances, cosmetics and personal hygiene products, baby care articles, textile articles or leather goods or imitations of leather). Kreamondo draws the Seller’s attention to the absolute necessity for the Seller placing a Product on the market and in particular for sale on the Platform to ensure that the Product is strictly in compliance with the laws, regulations and other requirements in force, to from its production or manufacture to its purchase by the Buyer. Accordingly, the Seller undertakes to implement the necessary means to achieve this obligation of legal and regulatory compliance, in particular the establishment of self-checks at all stages of marketing and justification on request of the authorities competent authorities of the checks and controls carried out.
4.5 In the event that Kreamondo finds, following an alert from a Member or on its own, the sale of Prohibited Products on a Site, Kreamondo reserves the right to:
(i) withdraw from the sale of such Prohibited Product or any Product contrary to these Terms and Conditions;
(ii) block, suspend, terminate or delete the Seller’s account;
(iii) communicate to the competent authorities all the information required concerning any offer to sell and / or any purchase of a Prohibited Product on a Site, including the nominative information of Members as appropriate, and / or to cooperate with the competent authorities on their request.
4.6 Each Seller agrees to:
(i) Mention accurate information about his shop (location and address, opening hours, categories of objects offered, description, photos of the store corresponding to reality) and correct them in case of change.
(ii) indicate the complete and exact characteristics and qualities of each Product offered for sale on the Platform, the availability, the price of the Product (including any taxes, if any), the shipping time (and where legally required, the delivery time) and delivery charges, provide all necessary information and carry out the labeling of each Product, in accordance with the applicable legislation and regulations;
(iii) perform all necessary controls and verifications for the manufacture and marketing of the Product and provide all necessary information in the offer for sale of each Product so that the offer is truthful and the Purchaser does not can not be misled. Each Seller is solely responsible for the supply of all the elements of the offer for sale of a Product, including the description, photos, sale price, shipping and delivery charges and deadlines;
(iv) put the Product on sale in the appropriate category and the appropriate Site of the Platform, the Seller being solely responsible for the choice of the category in which it refers to its Product, such referencing can in no way be interpreted as a guarantee of Kreamondo on the origin, legal conformity or authenticity of this Product;
(v) comply with the quality of service requirements imposed by Kreamondo on the Platform.
4.7 Each Seller guarantees the veracity of the information on his shop and is solely responsible for any Product that he sells on the Platform, as well as compliance with all laws and regulations applicable to the manufacture, marketing and the sale of these Products, and will be solely responsible (in particular vis-à-vis a Buyer but also Kreamondo) in case of damage caused by its Products or more generally of all the consequences related to the offer and the sale of its products. Kreamondo draws the attention of the Seller to the existence of specific regulations applicable to the manufacture, marketing and sale of certain regulated products, such as, for example, food products, toys or cosmetic and personal hygiene products, electrical appliances, childcare articles, textile articles, leather goods or imitations of leather etc. Kreamondo can not in any way be held responsible for the nonconformity and the sale of a Product by the Seller that does not comply with the laws and regulations in force. The Seller undertakes to guarantee Kreamondo in the event of a complaint, action or claim by a third party against Kreamondo related to the non-conformity of a Product to the regulations in force, and to compensate Kreamondo for all the consequences related to the non-compliance of its Products with the laws and regulations in force. The Seller therefore undertakes to directly pay for all sums, including any convictions, court fees, attorneys’ fees and other amounts that would be due in this respect (or to refund Kreamondo on first request). ).
4.8 The Seller undertakes to keep the Buyer’s information confidential and not to disclose it. The Seller also undertakes to use the contact details and other data provided by the Buyer only for the strict requirements of the execution of the order concerned and the legal obligations associated with it, and in accordance with these Conditions. general. In particular, the Seller undertakes not to offer the Buyer products available outside the Platform and not to use the personal data of the Buyer for purposes other than the execution of the order made on the Site .
4.9 The Seller who is absent for more than 48 business hours undertakes to put his virtual shop on standby, by activating the watch functionality provided by Kreamondo on the Platform. Kreamondo also provides the Seller with an option to automatically put back Product offers online.
4.10 Seller whose behavior (on the Platform or off Platform) is likely to harm the image and / or reputation of Kreamondo or the Platform may be punished by Kreamondo pursuant to Article 12.2 of these Terms. General, especially in the case of repeated negative evaluations or consecutive disputes with one or more Buyers.
4.11 Each Seller warrants to hold all the rights necessary to sell any Product offered for sale by him on the Platform and guarantees Kreamondo against any claim regarding the content of an offer to sell a Product and / or the execution of the sale. .
4.12 In the event of a dispute between Sellers as a result of the Content published by one of them (for example, in the case of infringement or unfair competition alleged by one of the Sellers), it is the responsibility of the Sellers to contact and to settle their dispute between them. Kreamondo is not obliged to intervene and will not intervene in the resolution of the dispute. Kreamondo therefore reserves the right not to respond to a Seller’s complaint addressed to it in this case, without incurring any liability in this respect. Kreamondo has published Frequently Asked Questions about the Vendors’ management of their intellectual property rights on the Platform. However, the information provided by Kreamondo is only indicative and this FAQ is not a substitute for the consultation by the Seller of a lawyer if any.