Last Update : 2024, 11, 04

Kreativshop Senegal – General Terms and Conditions

Please read these Kreativshop General Terms and Conditions (“Terms and Conditions”) carefully. These Terms and Conditions govern your access, use, and orders placed at www.kreativshop.store, its mobile sites and applications (collectively, the “Site”) as well as the provision and sale of products and services by Kreativshop Senegal and/or its fulfillment providers (“Kreativshop”, “we”, “us”, or “our”). By placing an order with Kreativshop, you agree to be unconditionally bound by these Terms and Conditions in the version valid at the time of ordering.

These Terms and Conditions shall also govern the use of and apply to each and every offer and agreement entered into between Kreativshop and a customer through any of its separate sites accessible through tabs in the Site-header, insofar as we have not explicitly deviated from the present Terms and Conditions.

Additionally, we maintain other terms and policies that supplement these Terms and Conditions as set out below, including our Privacy Policy, which describes how we collect, use, and process your personal information.

1. Applicability

• By accessing or using this Site and its related software tools, applications, or any other Kreativshop service, you agree to be bound by the terms of our Privacy Policy and these General Terms and Conditions (collectively, the “Kreativshop Terms”).
• If you use this Site on behalf of any business, organization, or other entity, you represent and warrant that you are authorized to accept these Kreativshop Terms on its behalf.
• Every offer of a Kreativshop product and/or service on our Site as well as every transaction, order, and agreement that is concluded through our Site is governed by our Kreativshop Terms.
• The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply.
• Kreativshop reserves the right to make changes to this Site and to these Kreativshop Terms at any time without prior notice. You should review these Kreativshop Terms each time you access this Site.

2. Your Account

• Before placing an order or using certain services or features offered on this Site, you will need a Kreativshop account. The customer is responsible for every use of their account and agrees to protect their login credentials. You are responsible for all orders placed through your Kreativshop account.
• You agree to provide accurate, current, and complete information when registering for an account. Kreativshop reserves the right to suspend or terminate accounts that provide false information or violate the Terms and Conditions.
• You must notify Kreativshop immediately if you suspect any unauthorized use of your account. Kreativshop will not be liable for any losses or damages arising from unauthorized use of your account.

3. Terms of Sale

All offers and promotions are subject to availability and confirmation of the order. Kreativshop reserves the right to reject any order without obligation to provide a reason. An agreement between you and Kreativshop is subject to our acceptance of the order and will be formed when you receive an order confirmation by email.

4. Materials for Limited Use

• This Site contains graphics, photographs, templates, logos, and other content (“Content”). This Site and all its Content are the intellectual property of Kreativshop.
• You are not permitted to sell, modify, copy, reproduce, or distribute any portion of the Content unless expressly allowed in these Kreativshop Terms.
• Kreativshop reserves the right to add to, delete from, or modify any part of its Content at any time without prior notice.
• Kreativshop provides no warranty that designs created using tools on our Site will not infringe on third-party intellectual property rights.

5. Payment and Pricing

All prices are listed in local currency and are subject to change without prior notice. Payment terms vary depending on the type of product or service:

• Ready-made or Imported Products: Full payment is required before delivery. Orders will only be processed and dispatched once full payment is received.
• Personalized Products and Services: A deposit ranging from 60% to 100% is required to confirm the order, depending on the specific product or service. The remaining balance must be paid before the product is delivered. These terms may vary according to the type of personalized product or service, and Kreativshop reserves the right to modify these terms as needed.

Refunds or adjustments will only be granted in cases of proven errors or quality issues.

6. Delivery and Risk

• Kreativshop will deliver products to the address specified in the order confirmation, provided all applicable payments have been received in full.
• Kreativshop may deliver products in installments. The customer agrees that the risk of loss and title for any product passes to them upon delivery to the carrier.
• For electronic products, delivery shall be deemed to have occurred when we send a notification that the product is available for download.
• The customer is responsible for inspecting products upon delivery and must notify Kreativshop of any defects or discrepancies within 7 days.

7. Restrictions on Use

• You are granted permission to access and use this Site for the sole purpose of preparing and ordering products or services solely through Kreativshop.
• You agree to use this Site responsibly and in compliance with these Kreativshop Terms and your local laws and regulations.

8. Indemnification

You agree to indemnify and hold Kreativshop harmless against all claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these Kreativshop Terms, including claims related to any material you upload or provide to Kreativshop.

9. Disclaimer of Warranty

The Site, its content, and all products and services offered through Kreativshop are provided “as is” and “as available,” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

10. Limitation of Liability

• To the fullest extent permitted by applicable law, Kreativshop, its directors, officers, employees, affiliates, or service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to the use of the Site, products, or services.
• Kreativshop’s total liability for any claim arising from or related to your use of the Site, products, or services shall not exceed the total amount paid by the customer for the specific order.

11. Privacy and Cookies

Kreativshop’s Privacy Policy outlines how we collect, use, disclose, and store the information you submit to us during your use of the Site.

12. Governing Law and Jurisdiction

The laws of Senegal govern these Kreativshop Terms. Any disputes arising from your use of this Site shall be resolved in the courts of Senegal. Kreativshop reserves the right to seek injunctive relief in any jurisdiction to protect its intellectual property and proprietary rights.