Terms and Conditions of Service and Sale
- Preamble
- Definitions
- Presentation of Services
- Access to Services
- Authorised Content on the Website
- Price and Payment conditions
- Creative Workshop bookings and Product orders
- Data Protection
- Intellectual Property
- Responsibility
- Divisibility of the Terms and Conditions
- Governing law and allocation of competencies
The following Terms and Conditions of Service and Terms and Conditions of Sale (referred to as « Terms and Conditions » from here on out) define the terms and conditions with which the company EMESYS SAS, operating under the registered trademark KREAMONDO, offers access to its Services through the Website. Any use of the Website and related Services is subject to an unconditional application of the Terms and Conditions.
Privacy Policy, data protection regulations and code of good conduct aim to complement the Terms and Conditions and are integrated in the Terms and Conditions as a result. You will have the opportunity to read these contractual documents before using the Website and you are advised to do so as they outline the terms of usage of our Service. While registering on the Website, you will have the opportunity to save and print the Terms and Conditions that are available at any given time on the Website.
KREAMONDO reserves the right to modify at any time and without notice the Terms and Conditions in order to adapt them to the evolution of the Services, of the Website and/or its operation. Modifications made to the Terms and Conditions are applicable and opposable as soon as they are notified online. KREAMONDO reserves the right to deny access to Services in cases of refusal of the Terms and Conditions.
« Buyer » : whether an individual or a professional, it indicates a member that accepted a Seller’s offer on KREAMONDO’s marketplace.
« Buyer’s Account » : refers to the private account that must be created by the User in order to buy Product(s) or book Creative Workshop(s) on the Website and to access his/her private dashboard.
« Content »: identified as materials and contents provided by a Member through KREAMONDO’s different Services such as and without limiting itself to, all Stores, Online Shops, Products, Creative Workshops, data, information, texts, listed objects, descriptions, comments, all ratings for Sellers, Products, Creative Workshops and Stores, all names, pseudonyms, brands, photos, images, sounds, videos, logos and other elements provided by the Member on the Website.
« Creative Workshop » : refers to a workshop organised by the Creator and put online on the Website by the Creator.
« Creator » : indicates a natural or legal person operating as a professional and referencing his/her Store and/or Products and/or Creative Workshops on the Website. The Creator is defined as a professional as laid out in the introductory article of the Code de la Consommation (consumer’s code).
« Forbidden Product » : identified as a Product not suitable for sale on the Marketplace as outlined in article 4.4 of the Terms and Conditions.
« Marketplace » : refers to the marketplace on the Website kreamondo.com where the Seller sells his/her Product(s) and where the Buyer buys one or more of the Seller’s Products.
« Member » : identified as every person registering and creating an account on the Website kreamondo.com.
« Online Shop » : indicates the Products’ personalised presentation space made available by Sellers on the Website.
« Privacy Policy » : indicates the actions taken by KREAMONDO in relation to the protection of Website User’s personal data.
« Product » : refers to a Seller’s product for sale on the Marketplace. The Product must be compliant with the Terms and Conditions and cannot be considered a Forbidden Product.
« Seller » : identified as a Member having opened an Online Shop on the Marketplace and putting Products for sale through the Website and/or advertising Creative Workshop(s) on the Website.
« Seller’s Account » : refers to the account that must be created by the Store Manager and/or Seller in order to manage a Store referenced on the Website, an Online Shop and/or one or more Creative Workshop(s) on the Website.
« Services » : refers to the set of free and paid services presented by KREAMONDO via the Website kreamondo.com.
« Store » : identified as a retail outlet managed by the Store Manager
« Store Manager » : identified as the legal Store manager or the person in charge of the Store named during the referral of the Store on the Website kreamondo.com.
« Terms and Conditions » : indicates the following Terms and Conditions of Service and Terms and Conditions of Sale available on the Website.
« User » : identified as an individual using the Website, whether he/she is a Member or not.
« Website » : refers to the functional and organisational structure set-up by KREAMONDO, allowing for the implementation of its Services such as a Store and Creative Workshop geo-localisation service and a linking between Sellers and Product Buyers through the Marketplace available at kreamondo.com. The Website includes the entirety of Services, therefore naming the whole set of Services.
KREAMONDO is the first integrated platform dedicated to craftsmanship and creation.
The Website provides Users, Members, Buyers, Sellers, Store Managers and Creators with the entire set of Services operated by KREAMONDO, including a geolocalised guide of stores, a booking system for geolocalised Creative Workshops and a Marketplace. Independent stores displaying and selling Creator’s Products and Creative Workshops organised by Creators are geolocalised. On the Marketplace, handmade, small batch Creations or artisan made Creations are put up for sale by the Seller.
Store referencing and management rules by Store Managers on the Website are outlined in Article 5.2 « Store referencing and management rules on kreamondo.com ».
Creative Workshop referencing, booking and management rules by Creators on the Website are outlined in Article 5.3 « Creative Workshops referencing and management rules on kreamondo.com »
Rules regarding the creation and management of Online Shops by Sellers on the Website are outlined in Article 5.4 « Online Shop referencing and management rules on kreamondo.com ».
KREAMONDO does not intervene in the execution of sales on the Website and cannot be considered as part taking in exchanges and arrangements between Users. KREAMONDO is in no case a reseller of Products advertised for sale on the Website.
4.1. Registration Conditions
Users identifying themselves as Store Managers, Creators and Sellers are professionals acting within the framework of their usual professional activity.
Therefore, KREAMONDO reserves the right to ask for all necessary supporting documents (including proof of registration or matriculation, ID cards of any person authorised to represent the company) to Sellers or Store Managers, even after completing their registration on the Website.
The referencing of Stores, Creative Workshops, Online Shops and adverts for Products are services reserved to Store Managers, Creators and Sellers respectively selling handmade and/or small batch Products.
KREAMONDO reserves the right to remove Store Manager accounts, Creator accounts and Seller accounts that are not compliant with conditions for Store, Creative Workshops and Online Shops outlined in articles 5.2, 5.3 and 5.4 of the Terms and Conditions.
The User vows to use the Services solely and exclusively for personal use as any Website and/or Service content reproduction, representation, publication, diffusion, modification and extraction is prohibited.
The User is forbidden to jeopardise and harm in any way the good functioning of the Website and Services.
4.2. Forbidden Products
As a geolocalised directory, Marketplace and booking system for Creative Workshops, KREAMONDO is not responsible for controlling the nature of the Products for sale on the Website by Sellers or Products sold in Stores or Creative Workshops.
However, the sale of certain Products on the Website and in Stores are strictly prohibited.
It includes Products whose sales are contrary to:
– National (country of shipment and country of destination), and/or European and/or International laws and regulations ;
– Public policy and good morals ;
– The Website’s and KREAMONDO’s values and philosophy including the promotion of know-how, craftsmanship and creation ;
– Third-party rights including intellectual property rights ;
The Forbidden Products are as follows (non-exhaustive list) :
– Dangerous, toxic and/or harmful products and items such as dangerous materials, weapons etc. ;
– Alcohol, tobacco, drugs and other regulated substances as well as items associated with their consumption and/or usage ;
– Products and items from animal and/or human origin (the exception of teeth and hair whose conditional sale is authorised in France) or made from protected or forbidden animals ;
– Products and items glorifying crimes against humanity, inciting racial hatred, referring to child pornography, inciting violence or hatred, or harmful to human dignity ;
– Pornographic products and items ;
– Edible food products, having understood that non-edible Products made of foodstuff are authorised on the Website ;
– Counterfeit products, copies and mimics of classical works and/or brands and/or drawings and/or protected patents ;
– Products subject to specific reglementation (communitarian norms, administrative declaration etc.). In this hypothesis, the Seller is committed to follow and respect the enforceable reglementation ;
– When an incident has been brought to its attention, KREAMONDO deals in priority with the respect of enforceable reglementation and its values as well as the respect of third parties’ rights. Any product inclined to harm these principles can be deactivated and/or removed by KREAMONDO at any given moment and without notice. The User is advised to contact KREAMONDO with any queries regarding Forbidden Products.
4.3. Managing a Member’s Account
To benefit from the Services, the User has to create a Member’s account on the Website in order to :
Recommend Stores and/or Creators ;
Refer his/her Store, Online Shop and/or Creative Workshop ;
Post comments ;
Purchase Products on the Marketplace ;
Book a creative workshop
Sign-up to the newsletter.
To create a Member’s account, all of the required fields on the registration form have to be filled and the Terms and Conditions and Privacy Policy have to be read and agreed upon by the User. Furthermore, in order to create a Seller’s account or a Store Manager’s account, the code of good conduct, the Terms and Conditions and the Privacy Policy have to be read and agreed upon.
The username and password of the Buyer’s Account and of the Seller’s Account are strictly private and confidential. The Member vows to keep his/her login credentials confidential and is forbidden to disclose them to a third party.
Whether under his/her name or another person’s name, the User vows not to create or use other accounts except the one initially created.
KREAMONDO reserve the right to decline any registration demand from a User, Seller, Store Manager and/or Creator whose account has already been closed twice (2).
4.4. Authorised Uses
By accessing the Website, the User or Member commits to use the Services appropriately. He/she vows to use the Services in a sincere and fair manner, respecting the Terms and Conditions and in accordance with third party’s rights and public order legislations and reglementations.
The User or Member vows not to use the Services in an illicit or unlawful manner with respect to KREAMONDO, other Users and third parties.
The User or Member vows not to remove and/or modify data featured on the Website that was not given and/or posted by him/herself. He/she also vows not to introduce data illegally such as viruses, malwares, malicious code and other technologies that could disrupt the Services.
The User or Member must take all appropriate measures in order to ensure his/her own data security such as login credentials and saving his/her information and User/Member Content.
Each User or Member can report at any given time the Website’s Content, an abusive usage of it and/or Website and/or Services defaults that could harm its usage.
4.5. Notifications
The User that considers a or some piece(s) of information available on the Website to be inaccurate, illicit, offensive, discriminatory or insulting is advised and encouraged to file a notification.
Under article 6. I. 7 of the Loi pour la Confiance dans l’Économie Numérique (Trust in Digital Economy Act) of 21/06/2004 (n°2004-575), the User has to report to KREAMONDO any message glorifying crimes against humanity, inciting racial hatred, referring to child pornography, inciting violence or hatred or harmful to human dignity.
The notification takes the shape and form of an email addressed to contact@kreamondo.com or via the contact form available on the Website in which the User includes his/her name(s), surname(s), email address and the reason(s) for litigation
The notification must entail a description of the litigation(s) and its/their precise location(s) on the Website as well as the reason(s) for which content should be removed including legal provisions and justifications. Whenever possible, the User should transmit a copy of the exchange had with the author of the litigation asking for its stoppage, its withdrawal or its modification or a justification as to why the author could not be contacted.
The User and notification writer has to be aware that an inaccurate denunciation is subject to penal sanctions and accepts to ensure KREAMONDO with the possible consequences that an abusive notification entails.
KREAMONDO vows to react swiftly and promptly to any notification from a User made through the correct channels.
KREAMONDO ensures to keep the anonymity of the User and notification writer whilst reserving the ability to take useful measures against him/her.
4.6. Technical Support
The User/Member acknowledges KREAMONDO’s ability to stop, momentarily suspend or modify without notice access to the whole set or parts of the Services in order to ensure its maintenance or for any other reasons, without the interruption being a source and case for compensation.
The Member vows to inform KREAMONDO as soon as possible of any difficulty encountered whilst using its Services. Technical support can be contacted via the email address made available by KREAMONDO : contact@kreamondo.com.
KREAMONDO does its best to provide an answer to any query within a seventy-two (72) hour period.
The User/Member is forbidden from contacting technical support in an excessive manner and repeatedly.
KREAMONDO reserves the right to decline answering certain demands if they can disrupt the proper functioning of technical support.
4.7. Verification of Information
The Member vows to provide correct personal information and to update them regularly in order to guarantee its relevance and accuracy whilst using the Services.
These information are (without limiting itself to) : name(s), surname(s), email address, password and any information relevant to the account.
KREAMONDO reserves the right to establish an information verification system such as checks of phone number(s) and ID cards.
These verifications will have for purpose to guarantee the proper functioning of the Services compliant with the Privacy Policy and to ensure optimal security to all of its Users.
4.8. Closing an Account
The Member can at any given moment close his/her account without notice and reason by contacting KREAMONDO via its support line (contact@kreamondo.com) with the subject line “Request for closing my account”.
The Member remains responsible for any use of Services whilst using his/her login credentials until the definitive closure of his/her account.
Following the closure of account, KREAMONDO reserves the right to archive any Member’s information that could resolve a litigation or contribute to the implementation of the Terms and Conditions. The Member’s information will no longer be available on the Website.
KREAMONDO reserves the right to suspend or remove an account as a result of inactivity for more than one (1) year. In such events, KREAMONDO vows to inform the Member beforehand and by any means. In the event of an account closing as a result of prolonged inactivity, all data linked to the account will be deleted permanently and automatically.
Instances of non-compliance and violation by a User/Member of the Terms and Conditions and cases of abusive and/or illicit usage of the Services will result in KREAMONDO’s ability and right to stop, suspend or cancel the access to its Services. Any suspension and removal of account will be notified by email.
4.9. Cancellation
An account is valid for an indefinite period of time and the Member can cancel his access to the Services at any given moment by contacting KREAMONDO.
KREAMONDO will then close down the account within five (5) days starting from the day the cancellation request was received.
The Member is notified that the account cancellation, including the Store, Creative Workshops and/or Online Shops, can take up to five (5) days in specific cases of account cancellation (ongoing orders, conflicts etc.).
KREAMONDO reserves the right to cancel a Member’s account at any given moment.
In cases of breach or non-fulfillment of a Member’s responsibilities, KREAMONDO reserves the right to enforce the following sanctions :
– Immediate (temporary or permanent) removal of Stores, Creative Workshop and Products for sale on the Website ;
– Temporary or permanent ban on the referencing of a Store, a Creative Workshop or Products for sale on the Website ;
– Account suspension ;
– Account cancelation will occur if a formal notice remains unanswered after a thirty (30) day period, bearing in mind that account cancellation will occur without formal notice in cases of serious breaches or repeated violation of the Member’s responsibilities.
Starting from the account cancellation, all of the Seller’s Products, his/her Store and/or his/her Creative Workshops will be removed immediately from the Website.The Member’s Account will be deactivated if all of his/her ongoing orders are dealt with on the date of cancellation and if all claims, disputes and litigations relative to orders are resolved and closed.
In any case of cancellation of a Seller’s Account or a Creator’s account, the Seller or Creator has the duty of ensuring and following through with the completion of Buyers’ ongoing orders and to ensure his/her legal and binding responsibilities until they are resolved, including the management of claims.
When a Seller’s Account is unavailable for any reason, KREAMONDO reserves the right to communicate the Seller’s contact details to the Buyer.
Agreed upon beforehand by the Seller, KREAMONDO reserves the right to automatically collect the Seller’s payable and due sum(s) of money in cases of account cancellation where all sums of money payable by the Seller are immediately due.
KREAMONDO reserves the right to withhold sums of money in relation to sales and claims valid on the day of User account closure for a period of two (2) months in order to do follow the correct process and refund Buyers when necessary.
5.1.Enforceable rules on all Members
Through his/her Account, the Member is advised to consult, post, download, publish, submit or forward Content.
The Member vows to write Content in a clear, constructive and concise manner, expressing courtesy, politeness and respect towards other Users. The Content shall not refer to inaccurate and unfounded statements or discriminatory, violent and/or derogatory comments and insults.
The Member vows not to post, download, publish, submit and forward any Content that counterfeits, misdirects or violates a patent pending, a copyright, a trademark, a production secret, a moral right or any other intellectual property, image right or a third party’s private life and that would jeopardize or encourage unlawful behaviours. For this reason, the Member acknowledges and is aware of all the consequences in relation to claims and actions with regards to Content.
Each Member has access at any given moment to his/her Content and can copy and/or delete it.
KREAMONDO reserves the right – at any given moment and without notice – to decline publishing or removing Content not compliant with Terms and Conditions or harmful to the image of the Website.
KREAMONDO could then take appropriate measures and/or sanctions against the Member in order to protect and guarantee the interest of other Sellers, Members, Users, Buyers, and of the Website and third parties such as (and without limiting itself to) (1) removing offers from Sellers/Creators (2) removing the Store from the directory (3) temporarily withhold the Seller’s/Creator’s payments following a sale where KREAMONDO cannot be held accountable for the non-completion of Product/Creative Workshop sales on the Website.
The Member authorises KREAMONDO to rearrange and/or resize Content in order to comply with technical constraints such as the presentation of the Website and/or its ergonomics.
All of the Content put online on the Website by a Member remains its property. However, the Member grants KREAMONDO with the right to use Content (texts, photos, videos, comments, etc.) in the form of a license for purposes such as :
– Promotion and Marketing including showcasing a Member’s profile, a Store, Creative Workshop and/or Product on the Website and/or events relevant to Products and/or to the Website ;
– Storage and classification of Content for technical purposes and account management ;
– KREAMONDO’s partnership with third parties linked to the Website.
The license grants KREAMONDO with the right to represent, use, publish, copy, modify, translate, adapt and issue Content on the Website as well as other channels.
This right of usage is non-exclusive, non-transferable, subject to sublicensing and agreed upon freely worldwide and for the duration of a Member’s registration on the Website.
5.2. Store referencing and management rules on kreamondo.com
The Store Manager is responsible for all Content produced and published on the Website.
By accessing the Website and in his/her Store, the Store Manager is prohibited from selling Forbidden Products and any other Products than the ones outlined in Article 2 « Definitions » of the Terms and Conditions.
The Store Manager vows to inform Users of any relevant and practical information with regards to his/her Store.
In that regard, the Store Manager is the sole person in charge of informing his/her Store’s essential characteristics and specificities. The Store Manager ensures KREAMONDO with the consequences lead by claims and actions relative to his/her Content.
For the publication of the Store’s Content, the Store Manager vows to :
– Fill out various forms, provided fields and required information ;
– To be legally responsible for the Store he/she is referencing and if in France, to be company registered or a microentrepreneur ;
– To have one or more accessible retail outlet(s) ;
– To sell small batch and/or unique items made by craftspeople and Creators ;
– To classify his/her Store in the correct and adequate category as KREAMONDO cannot be held accountable for a misclassification of a Store by a Store Manager on the Website ;
– Provide accurate, detailed and thorough information (opening hours, description, good quality photos reflecting reality, contact details, etc.) and to update them accordingly ;
– Display the appropriate sticker posted by KREAMONDO on his/her store window following his/her registration ;
– Inform of the Store’s correct coordinates and precise access.
The Store Manager is prohibited from advertising photos of Products unavailable at his/her Store.
The Store Manager is prohibited from using a Store name creating a risk of confusion with the Website, including using the term « KREAMONDO ».
The Store Manager vows to update and add to his/her Content in order to better its visibility and to inform Users and Members of activities and changes.
KREAMONDO reserves the right to remove any Store page and/or suspend/close a Store Manager’s Account if a breach of the Terms and Conditions has been identified.
KREAMONDO is a selection of Stores. In that regard, KREAMONDO reserves the right to accept or refuse – without having to provide a justification – the referencing of a Store in order to maintain a coherent Content policy and editorial policy.
The Store Manager can withdraw and remove his/her Store from the Website at any given moment.
5.3. Creative Workshop referencing and management rules on kreamondo.com
The Creator is responsible for all Content/Creative Workshop published and advertised on the Website.
The Creator vows to inform Buyers of useful and relevant information regarding advertised Creative Workshops.
In that regard, the Creator is the sole person in charge of informing Buyers of the essential characteristics and specificities of the Creative Workshop. The Creator ensures KREAMONDO with the consequences lead by claims and actions relative to his/her Content/Creative Workshop.
For the publication of any Content relative to Creative Workshops, the Creator vows to :
– Fill out various forms, provided fields and required information ;
– To classify his/her Creative Workshop(s) in the correct and adequate category(ies) as KREAMONDO cannot be held accountable for a misclassification of a Creative Workshop by a Creator on the Website ;
– To write an exact, detailed and complete description of the Creative Workshop, indicating its availability, the minimum and maximum number attendees required to organise the Creative Workshop, practical information as to how to get to the Creative Workshop and necessary equipment for security and hygienic measures ;
– Indicate the available dates for the Creative Workshop ;
– Indicate the pricing, including the price with taxes for the Creative Workshop ;
– Indicate the booking and payment conditions ;
– Indicate the rules and chargeable supplements that could be applied on the Buyer.
The Creator is prohibited from organising non-authorised Creative Workshops and/or not suitable for sale with regards to enforceable laws and reglementation, Creative Workshops unavailable for bookings, the Creator is not able to organise within the dates and conditions advertised to Buyers or in violation and breach of a third party’s rights.
The Creator vows to update and add to his/her Creative Workshop information in order to better its visibility and to inform Users and Members of activities and changes.
KREAMONDO is a selection of Creative Workshops. In that regard, KREAMONDO reserves the right to accept or refuse – without having to provide a justification – the referencing of Creative Workshops in order to maintain a coherent Content policy and editorial policy.
KREAMONDO reserves the right to remove any Creative Workshop or suspend or close a Creator’s account if a breach of the Terms and Conditions and code of good conduct has been identified.
5.4. Online Shop referencing and management rules on kreamondo.com
The Creator is responsible for all Content/Online Shops published and advertised on the Website.
By accessing the Website and in his/her Shop Online, the Seller is prohibited from selling Forbidden Products and any other Products than the ones outlined in Article 2 « Definitions » of the Terms and Conditions.
The Seller vows to inform the Buyer of any relevant and practical information with regards to Products that he/she sells.
In that regard, the Seller is the sole person in charge of informing Buyers of the Product’s essential characteristics and specificities. The Seller ensures KREAMONDO with the consequences lead by claims and actions relative to his/her Content/Online Shop.
For any publication relative to Products sold on his/her Online Shop, the Seller vows to :
– Be a professional, (company registered or a microentrepreneur if in France) ;
– Fill out various forms, provided fields and required information ;
– Classify his/her Products in the correct and adequate categories as KREAMONDO cannot be held accountable for a misclassification of Products by a Seller on the Website ;
– Produce an accurate, detailed and thorough Product information description ;
– Indicate the Product’s availability ;
– Indicate the Product’s pricing, including taxes and shipping fee ;
– Indicate shipping and payment conditions ;
– Indicate the specificities of a Product such as the modification, cancellation and return conditions ;
– Indicate the rules and chargeable supplements that could be applied on the Buyer.
The Seller is prohibited from selling Products (i) not corresponding to the ones advertised on his/her Online Shop on the Website (ii) not authorised for sale in accordance with laws and reglementations (iii) unavailable for sale (iv) not available for delivery in the period indicated to the Buyer (v) violating a third party’s rights.
The Seller is prohibited from communicating in any shape or form his/her coordinates such as his/her email address, name/surname, postal address and/or phone number on his/her Product descriptions on the Website.
The Seller is prohibited to mention or indicate outgoing hyperlinks in his/her username, Online Shop name, Product descriptions, comments or private messages.The username, as well as Product comments, cannot have links to third party websites.
The Seller is prohibited from using an Online Shop name creating a risk of confusion with the Website, including using the term « KREAMONDO ».
The Seller vows to update and add to his/her Content/Online Shop (information, texts, photos etc.) in order to better its visibility and to inform Users and Members of activities and changes.
KREAMONDO is a selection of Creators and Products made available online on its Marketplace. In that regard, KREAMONDO reserves the right to accept or refuse – without having to provide a justification – the referencing of Online Shops and Products in order to maintain a coherent Content policy and editorial policy.
KREAMONDO reserves the right to remove any Product or suspend or close a Seller’s account if a breach of the Terms and Conditions and code of good conduct has been identified.
5.5. Comments
KREAMONDO provides its Members with an online comment publishing service on Stores, Creative Journeys and Products, allowing for a control and verification of Stores, Creative Workshops and Products as well as Member’s behaviours on the Website.
KREAMONDO cannot be held accountable for messages, comments and ratings published on the Website by Members.
The publication of comments and opinions follow a chronological presentation and they appear immediately after being submitted (granted that third party networks are functioning correctly).
Furthermore, submitting an opinion or comment on the Website is optional and cannot result in any form of gain in return. Opinions or comments are stored for a maximum period of ten (10) years starting from the date of their publication.
Members are prohibited from publishing opinions, comments or messages that are (i) false, misleading, degrading, smearing, offensive, obscene, abusive, inappropriate, indecent, fraudulous, threatening (ii) harming one’s private life or violating one’s rights and liberties (iii) considered spamming, junk mail, mailing list, irrelevant to the Website’s purpose and in a broader sense, any Content considered unwanted demands.
The Member is forbidden from rating, grading and commenting on his/her own Content and to ask for a third party to do so.
KREAMONDO reserves the right to remove without notice any comment, message and/or rating that would not comply with the Terms and Conditions and/or would harm the image of the Website.
6.1. Prices of Creative Workshops and Products
The pricing for Creative Workshops and Products is indicated by the Seller and includes all taxes, to the exception of products on the B2B marketplace that are indicated before tax. The prices are indicated in euros (€).
Nevertheless, indicated prices do not take in account conversion fees and/or fees linked to the use of a credit card in another country.
Prices for booking Creative Workshops and purchasing Products do not include transportation and shipping fees and other costs established by the Seller which are to be paid by the Buyer on top of the indicated price on the Website.
The total shipping cost and other costs established by the Seller are indicated in the Seller’s Product presentations, in the Buyer’s cart and in the order summary made available prior to confirming the order via the button « Confirm and pay ».
KREAMONDO does not intervene nor control the way Sellers apply tariffs. As a result, KREAMONDO cannot be held responsible for any modification of tariffs by Sellers.
Prices displayed (shipping cost included) by the Seller on its official website cannot be lower than the prices displayed on KREAMONDO. Prices must be aligned between the Seller’s official site or other online shops where its products are sold and KREAMONDO.
6.2. KREAMONDO’s Service fees
The Store referencing service on kreamondo.com is free.
For any Creative Workshop booking and Product order finalised through the Website, KREAMONDO is compensated through the linking service it provides between Buyer and Seller and earns Service fees in the form of a commission based on the completed order’s full amount on the Website.
Service fees are collected by the intermediate of accredited provider Stripe.
Stripe user fees are set at 1.4%+0.25€ when a sale occurs with a European card and 2.9%+0.25€ for non-European cards. The percentage is based on the total price paid by the buyer (price of creation + shipping costs). The user costs will be collected directly from the seller’s payout by Stripe.
Creators and Sellers referenced on KREAMONDO are professionals and can be subject to VAT.
For each Creative Workshop booking or Product order, KREAMONDO automatically collects Service fees based on the total sum before tax and before the Buyer’s shipping cost. These Service fees are at a fixed rate of 10 % after tax.
Service fees are collected the moment the Buyer finalised his/her order on the Website.
6.3. Payment conditions and methods
The price of a Product or a Creative Workshop is made up of two components :
– The payment of a Product or a Creative Workshop in return for providing that same Creative Workshop or Product ;
– KREAMONDO’s commission in return for linking Seller and Buyer ;
The commission has for purpose to cover the costs relative to the platform KREAMONDO and to remunerate KREAMONDO.
KREAMONDO reserves the right to suspend the processing of bookings/sales in cases of non-approved payments by the Buyer’s bank or for any other legitimate motive, more specifically in cases where the use of a fraudulent payment method was identified.
KREAMONDO reserves the right to refuse a Member’s Product sale, purchase or Creative Workshop booking with whom there is an ongoing payment litigation.
A bill addressed to the Buyer is available upon the reception of the online purchase.
Service fees will remain with KREAMONDO for any cancellation or resolution of an order with motives foreign to KREAMONDO (excluding right of withdrawal and cancellation issued by the Buyer before the Product has been shipped) such as (non-exhaustive list) (i) Product’s unavailability (ii) non-compliant Product (iii) order cancellation initiated by the Seller regardless of the reason.
In cases of reimbursement of a Buyer’s order as outlined in article 7.4 of the Terms and Conditions, the Service fees and relative costs can be subject to a refund to the Seller. In this hypothesis, any refunded Service fee will be issued proportionally to the amount refunded to the Buyer.
KREAMONDO reserves the right to retain the Service fees in the following cases :
– Non-compliance with the Terms and Conditions by the Seller ;
– Seller’s refusal to deal with a Buyer’s claim within a 72 hour period.
6.4. Payment Methods
Payment methods currently available on the Website are :
a) Payment by credit card.
The finalisation of an online order by credit card goes through a payment security system allowing for the safekeeping of confidential information. This payment security system is known as 3D Secure, payment security system by authentication. 3D Secure service is free of charge and is employed for payments by Carte Bleue, Visa and Mastercard. When payment is confirmed, the bank verifies the Buyer’s identity and authorises or declines the transaction. The identification process being specific to each bank, the Buyer must check with his/her bank as to what kind of authentication process is used. The Buyer must ensure with his/her bank that his/her payment was accepted. When declined on the 3rd attempt and onwards, extra costs can be applied to the Buyer.
b) Stripe Payment
Payments through third party provider Stripe are available to Members with private Stripe accounts.
Stripe payments are available on the Website for any order from or equal to eight (8) euros.
In no case can KREAMONDO be responsible for any disfunctionment of services operated by third party provider Stripe on the Website.
c) Sellers’ Payout
A certified third party provider, Stripe company ensures the management of payments on the Website. Payments are processed, stored and protected by Stripe before being distributed to Sellers in return for Creative Workshops and/or Products and to KREAMONDO for the Service fees.
None of the User’s financial and banking information transit through the Website. Stripe uses SSL (Secure Soket Layer) protocol, encrypting the credit card’s coordinates.
Stripe guarantees that Members’ financial data is never to be communicated and passed on to third parties. Furthermore, payment information are protected by HTTPS protocol.
KREAMONDO cannot be held accountable for any possible dysfunctionments of the online payment service.
6.5. Legal obligations as to the use of linking platforms
The Seller is informed that his/her payout from bookings and/or sales on the Website can be subject to various taxes and that sanctions can be applied in cases of non-compliance with legal obligations.
The Seller is advised to contact relevant fiscal administrations or professionals in order to gather necessary information as to the obligations linked to his/her activity exercised on the Website.
In compliance with enforceable reglementations, KREAMONDO vows to provide Sellers with an annual summary of all payments before tax as well as the number of transactions received through the Website.
7.1. Execution of a booking or an order
KREAMONDO is a hosting platform linking and connecting Members for Product sale. In this regard, KREAMONDO cannot be held accountable for Members’ actions and/or contractual relationships they establish amongst themselves.
Prior to ordering, Buyers can take note of essential characteristics of Creative Workshops/Products by consulting the Seller’s adverts. Before confirming an order, the Buyer has to make sure that the Creative Workshop/Product he/she books/orders meets his/her needs and grasps its terms of use. The Buyer is advised to contact the Seller for any query and/or doubt with regards to the Creative Workshop/Product or the sale conditions.
The Seller ensures and guarantees that sale conditions to which Buyers are submitted to are compliant with legal and reglementary prescriptions as well as the Terms and Conditions.
Notwithstanding the aforementioned and bearing in mind costs related to the processing of bookings/orders supported by KREAMONDO, orders with total amounts inferior to eight (8) euros without shipping cost cannot be processed.
Initial contact following a booking/order must be cordial and allow for the Seller that published the offer to better understand the Buyer’s needs.
The Seller that advertised an offer must provide the Buyer with reasons as to why he/she cannot ensure the organisation/sale of a Creative Workshop/Product if the latter cannot be processed.
KREAMONDO does not intervene in the booking/purchasing conditions of Creative Workshops/Products which will be established amongst the Members involved.
KREAMONDO should not be held responsible for an order’s failure to materialise as a result of a Member’s action, a change in the order’s conditions or any event occurring in the relationship between Members.
KREAMONDO provides Buyers with virtual carts in which they can add Creative Workshops/Products that they choose by clicking on the « Add to basket » button available on each of the Creative Workshop/Product presentation page.
The Buyer can at any given moment, modify the quantities and/or withdraw Creative Workshops/Products from his/her cart until validation of the order by clicking the « Confirm and pay » button.
By confirming a first time his/her order thanks to the button « Confirm », the Buyer accesses an order summary, allowing him/her to verify the details of the order and the total cost, giving the Member the possibility to correct or modify certain elements before definitively confirming the order using the « Confirm and pay » button.
The Buyer continues his/her order by :
– Providing all the required information ;
– Accepting the Terms and Conditions and the Seller’s sale conditions ;
– Clicking the « Confirm and pay » button ;
– Proceeding to the payment of his/her order.
Any order confirmed by the Buyer using the « Confirm and pay » button constitutes the binding and irrevocable sale of a Creative Workshop booking or a Product.
The moment the payment has been finalised, the Buyer receives a confirmation email of his/her order.
7.2. Product delivery
Product delivery methods are indicated by the Seller on each of the Product’s presentation page on the Website.
The Seller is the sole responsible for Product shipment and delivery that he/she offers.
For this reason, he/she vows to provide the Buyer with all necessary information including the delivery conditions and dates
As soon as the Buyer’s payment for the order has been processed, the Seller commits to deliver the Product(s) in the delivery conditions and dates specified on the Product’s presentation page on the Website.
It is the Seller’s responsibility to correctly package and process the Product(s) he/she sells.
The Seller vows to ship the Product(s) within a period of maximum seven (7) days following the date of payment, unless a longer delivery time was agreed upon by the Buyer beforehand.
The Seller vows to provide the Buyer with shipping methods allowing for parcel tracking.
The Seller is prohibited from using the Buyer’s postal details for any other reason than the execution of the order.
Sellers are obliged to provide the Buyer with a bill meeting their legal requirements, including the Product, its quantity, its price etc.
When necessary and in order to guarantee the Buyer’s security and satisfaction, KREAMONDO reserves the right to momentarily suspend any Seller’s Account in order to guarantee the good delivery of Products to Buyers. In this hypothesis, the Seller will be informed of the verification process he/she has to go through.
In the event that the verification process revealed non-compliant elements as to the respect of the Seller’s obligations towards the Buyer, KREAMONDO can resort to remove the Seller’s Account permanently.
The Seller can deliver his/her Products by hand.
In cases of hand-delivery, no delivery charge can be applied unless agreed upon beforehand by both Buyer and Seller.
Hand-delivery is at the Member’s own risks. As a third party foreign to the Product order, KREAMONDO is not responsible for the good execution of the order of Products.
In the events of non-completion of hand-delivery orders for any reason and as a result the Product(s) have to be sent via a different delivery method, the Seller and Buyer will decide amongst themselves on a new delivery method and its payment and will not be able to use the Services for this end.
Failure to hand-deliver an order cannot justify an order cancellation on the Website and a complaint should be addressed to the Seller or the Buyer.
The Buyer vows to communicate a complete and correct delivery address to the Seller. The verification of an address informed by a Member is not controlled by the Seller and/or KREAMONDO. As a result, the Buyer is the sole responsible for the consequences of informing a collective address or a wrong address and the Seller and/or KREAMONDO will not be responsible if a non-authorised third party collected the parcel instead of the Buyer.
Different fiscal rules and additional costs can be applied according to the Member’s delivery address. If the Buyer has his/her Product(s) sent outside of his/her territory, he/she could have to pay customs duty upon receiving the Product(s). KREAMONDO cannot control and/or estimate these costs. The Buyer is the only one with the obligation to pay these taxes and customs duty that are not included in the initial price. The Buyer is advised to contact local customs to gather more information prior to ordering on the Website.
In cases of deliveries in areas hard of access due to their geographical location, the Buyer is advised to contact the Seller in order to guarantee that the delivery can happen in good conditions.
The Buyer vows to have a letter box compliant to recommendations from postal services.
Upon reception of the order, the Buyer vows to check the parcel’s condition, its packaging and its content. It is understood that the risks of lose or damage to the parcel are passed on to the Buyer or a designated third party when that same person physically takes possession of the parcel.
If the Buyer is absent at the moment of his/her Product delivery, the Buyer vows to collect the ordered Products from the post office or any other location specified on the non-delivery notice and within the indicated time-period. If not, the order will be sent back to the Seller, the shipping fees will not be refunded to the Buyer and additional shipping fees can be applied.
7.3. Running a Creative Workshops
The Buyer vows to be punctual. A lateness of fifteen (15) minutes is tolerated, after that, the Creator has the right to decline the Buyer’s participation in the Creative Workshop due to excessive lateness. In such cases, neither the Creator nor KREAMONDO can be held responsible and the Buyer will not be able to ask for a refund or compensation.
During a Creative Workshop, the Buyer vows to be respectful towards the Creator and other participants.
The Buyer must comply with all security and hygienic measures established by the Creator and must apply the given instructions for the smooth running of the Creative Workshop. These obligations entail warning the Creator of any health problem that could harm the smooth running of the Creative Workshop. Failure to meet security obligations will give the Creator the right to exclude the Buyer from the Creative Workshop. In such cases, the Buyer will not be able to ask for a refund or compensation. Furthermore, KREAMONDO is not responsible for damages caused as a result of the Buyer’s non-compliance with security measures.
It is reminded to Buyers and Creators that they act under their sole and full responsibility. KREAMONDO provides an intermediation service and does not control the quality, worthiness and risks of Creative Workshops. For this reason, problems that occured during a Creative Workshop cannot be KREAMONDO’s responsibility.
7.4. Cancellation Conditions
7.4.1. Cancellation conditions for a Product order
As a professional, the Seller has to comply with all enforceable laws relative to the sale of Products including : commercial laws, social and fiscal laws, distance selling laws etc.
The Seller vows to answer any of the Buyer’s queries or claims within a period of seventy-two (72) working hours following its reception. The Seller is prohibited from exchanging with a Buyer other than through his/her account on the Website.
Any demand such as claims, cancellation requests, modifications, exercising withdrawal right must be addressed to the Seller by the Buyer. Notwithstanding the aforementioned, any order cancellation initiated by the Buyer should take the form of a demand as soon as possible.
KREAMONDO does not intervene in existing contractual relationships between Sellers and Buyers and cannot take part in exchanges and litigations relative to Product orders.
Either way, the Buyer and Seller provide their best efforts in order to find an amicable solution to any litigation that occured during a Product order.
In cases of claims and/or litigations between Seller and Buyer, KREAMONDO reserves the right to suspend accounts until a solution has been found. In cases where there has been repeated claims towards a Seller or where a large volume of orders have been cancelled by a Buyer, KREAMONDO reserves the right to suspend and/or remove permanently the account.
Any refund done within the cancellation or withdrawal conditions will be refunded on the Buyer’s Account.
The Seller vows to refund the Buyer using the adequate procedure through his/her account on the Website. KREAMONDO will be in charge of refunding the Buyer as indicated by the Seller.
Product return costs are at the Seller’s expense in cases of mistakes on behalf of the Seller, where a legal guarantee is applicable or for any other motives where the law imposes the Seller to cover the return costs.
In order to protect User and Member’s interests and the Website’s image, KREAMONDO reserve the right to intervene in any litigation in order to find a solution and the Seller vows to respect the solution found by KREAMONDO.
The Seller acknowledges and accepts that in cases of violation of obligations such as and without limiting itself to (i) partial or total absence of Product delivery (ii) total or partial delivery lateness (iii) delivery of non-compliant Products (iv) partial or total absence of answers or unsatisfactory answers (v) total or partial absence of the treatment of request within a three (3) day period or any behaviour that could harm the Buyer, KREAMONDO reserves the right to and without the Seller being able to contest the decision to :
Refund the amount of the Buyer’s order (including shipping costs) and to turn to the Seller for the refund of the due sum (subrogation). For this reason, the Seller vows to inform in his/her account, a SEPA mandate and/or his/her bank coordinates in order to allow for KREAMONDO to gather the due sum as subrogation and/or Service fees. Failing to do so, KREAMONDO reserves the right to decline the Seller access to the Services ;
Meaning refusing any payout to the Seller.
7.4.2. Cancellation conditions for a Creative Workshop
a) Initiated by the Creator
Creators are professionals or experts to whom welcoming a public is not necessarily their primary activity. As a result, it can occur that their professional obligations lead to the cancellation of Creative Workshops.
When cancelled by the Creator, KREAMONDO informs the Member of the cancellation and proceeds to refunding the Buyer of the total amount paid for the Creative Workshop within a three (3) day period.
b) Due to required conditions not met
The organisation of certain Creative Workshops is dependent on certain conditions specified on the Creative Workshop’s presentation page on the Website. These conditions are reminded to the Buyer in the booking notification email received after the payment.
For example, it can be a suitable weather (for outside activities).
If the conditions are not met, KREAMONDO or the Creator can cancel the Creative Workshop at the latest forty-eight (48) hours prior to the scheduled date and will notify the Buyer via mail. KREAMONDO will then process the refund of the paid amount by the Buyer in the three (3) days following the cancellation.
c) Initiated by the Buyer
All bookings are final and definitive. The Buyer will not receive a refund if he/she does not participate in the Creative Workshop he/she has booked. In the event where the Buyer wishes to participate in the Creative Workshop at another date than the one initially booked, he/she is advised to get in touch with the Creative Workshop organiser in order to study the possibility of changing the dates at which the Buyer was supposed to take part in the Creative Workshop. KREAMONDO does not guarantee that another date can be provided to the Buyer.
Responsible for processing in the sense of General Data Protection Regulation (GDPR) implemented on the 25th of May 2018, KREAMONDO values the protection of its Users’ and Members’ data.
To make the rules easier to read as to the collection and processing of User data by KREAMONDO, commitments undertaken by KREAMONDO with regards to its Privacy Policy are available on the Website (page footer)
The Privacy Policy indicates how personal data is processed, the recipients of theses data and their conservation period.
The Seller acknowledges that he/she is also subject to GDPR and any other reglementation and/or legislation in relation to data protection and that he/she must comply with them when engaging in a relationship with a Buyer on the Website.
The Seller vows to :
– using the Buyer’s details exclusively and only for the processing of Product orders/Creative Workshop bookings in compliance with the Terms and Conditions and enforceable reglementation ;
– have the Buyer’s approval for the use of his/her personal data for any other purpose.
Each User or Member is prohibited from collecting other User’s data without prior approval and for any purpose
Users and Members who noticed a breach of the Data Protection rules can signal it at any given moment following the guidelines in Article 4.5 « Notifications».
Users and Members vow to respect the enforceable reglementation as to data protection.
The Services’ general structure, programmes, search engines, database, texts, graphic designs, images, sounds and videos are KREAMONDO’s exclusive intellectual property.
Any representation and/or copying and/or partial or total use of KREAMONDO’s database, domain names is prohibited without prior approval from KREAMONDO.
Any use of these elements without prior approval from KREAMONDO is unlawful as outlined in Article L122-6 of the Intellectual Property Code.
The User or Member is forbidden from :
– Representing, sharing or commercialising any element of the Services ;
– Using the Services in order to design, develop, share or commercialise a similar, equivalent or replacement service ;
– Directly or indirectly providing Services to benefit a third party renting, selling or lending without KREAMONDO’s approval ;
– Any use not authorised by KREAMONDO ;
– Directly or indirectly extracting, reusing, storing, adapting, modifying, updating, translating, copying, partially or fully representing the content of KREAMONDO’s database regardless of the means, mediums and ways employed ;
– Providing third parties with data collected from KREAMONDO’s database ;
– The sale, rent, sub-rent, cession, free or chargeable transfer, licensing, sub-licensing or sharing of any kind of KREAMONDO’s database for any other purpose than the ones necessary to the use of the Website.
The logo and name KREAMONDO are registered trademarks and belong to EMESYS SAS.
Broadly speaking, Users vow not to harm the set of intellectual property rights belonging to KREAMONDO or for which KREAMONDO is holder of a business license.
KREAMONDO is only held to an obligation of means.
KREAMONDO is responsible only for direct damages linked to a contractual fault committed by KREAMONDO. KREAMONDO will not be held responsible for any possible damage sustained by a Member or User as a result of the availability or unavailability of the Website and its Services, except if KREAMONDO is at fault. Furthermore, KREAMONDO will not be held accountable for an internet access outage, lateness, interruption or malfunction.
Acting as a host for Content put online by Members, KREAMONDO will not be held accountable for the published Content on the Website by Members.
With regards to Sellers, in cases where KREAMONDO is at fault, KREAMONDO’s responsibility for all causes and regardless of the circumstances cannot exceed the highest of the following sums :
(i) 20 % of commissions paid to Sellers during the twelve (12) months preceding the event that caused the damage ; or
(ii) sixty (60) euros.
Members and Users are advised to notify KREAMONDO at contact@kreamondo.com of any violation of the Terms and Conditions including in the event where he/she would notice the sale of Forbidden Products on the Marketplace, in Stores or during Creative Workshops.
KREAMONDO is not responsible for litigations occurring between Members.
In the event that one clause of the Terms and Conditions could not be applied, as in a judiciary cancellation, it would be deemed unwritten without nullifying the entire Terms and Conditions or the validity of its other clauses.
The Terms and Conditions are managed and interpreted according to French law.
French tribunals have jurisdiction over the delivery of a verdict on any litigation that could arise from enforcing the Terms and Conditions. Notwithstanding the above, any litigation with a Member is to be dealt by the commercial court of KREAMONDO’s headquarters’ jurisdiction.
