General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This web site is operated by Crealynes. Throughout the site, the terms “we”, “us” and “our” refer to Crealynes. Crealynes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”, “Terms”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use any of the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features and tools added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You may review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or modifications on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
LEGAL NOTICE
Crealynes is located at: 71-75 SHELTON STREET COVENT GARDEN LONDON WC2H 9JQ
To contact us: By e-mail: contact@crealynes.com
Hosting: www.crealynes.com is hosted by Shopify.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these General Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent of yours to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, nor may you, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time, for any reason.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND UP-TO-DATENESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for information purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - SERVICE AND PRICE MODIFICATIONS
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice and at any time.
We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (WHERE APPLICABLE)
Certain products or services may only be available online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. Such restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Returns Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or relating to the use of these optional third-party tools.
If you use any optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third-party supplier(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
ARTICLE 8 - THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third party links on this site may direct you to third party web sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transaction conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third party products should be directed to such third party.
ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS
If, at our request, you send us specific content (for example, to enter contests), or if without our request, you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), you grant us the right, at any time, and without restriction, to modify, copy, publish, distribute, translate and otherwise use in any medium any Comments you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments provided; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree that your comments will not violate the rights of any third party, including copyrights, trademarks, privacy, publicity, or any other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, and will not contain any computer virus or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or others as to the origin of comments. You are entirely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
ARTICLE 10 - PERSONAL INFORMATION
The submission of your personal information to our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time and without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or on any associated website should be relied upon to conclude that the information in the Service or on any associated website has been changed or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the Site or its content: (a) for illegal purposes; (b) to incite others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, abuse, defame, slander, discredit, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, extort information from, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other web site, or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating prohibited uses.
ARTICLE 13 - EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may discontinue the Service for indefinite periods or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided “as is” and “as available” for your use, without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall Crealynes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenues, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the service, or as to any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if you have been advised of the possibility of their occurrence.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Crealynes, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they reference, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use shall be held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease to use our site.
If we determine, in our sole judgment, that you fail, or if we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions or any other policies or operating rules published by us on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior or contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the editorial group
ARTICLE 18 - APPLICABLE LAW
These General Terms and Conditions of Sale and Use, and any separate agreement whereby we provide you with Services shall be governed by and construed in accordance with the laws in force at 71-75 SHELTON STREET, COVENT GARDEN, LONDON, WC2H 9JQ.
ARTICLE 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of our site or Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions concerning the General Terms and Conditions of Sale and Use should be sent to us at contact@crealynes.com.
ARTICLE 21 - WARRANTIES
21.1 Legal warranties The products sold are guaranteed by their manufacturers according to their own terms and conditions. As Crealynes is not the manufacturer of the equipment sold, it cannot be held responsible for any consequences that may arise, in accordance with articles 1245 et seq. of the French Civil Code.
Consequently, if the products cause damage to property or to a person, the customer can only turn to the producer whose responsibility is engaged in direct link with the information written on the packaging of the materials. Nevertheless, products are covered by the legal warranty of conformity provided for in articles L. 217-4, L. 217-5 and L. 217-7 of the French Consumer Code, and by the warranty against hidden defects provided for in articles 1641 and 1648 of the French Civil Code, reproduced below:
Article L. 217-4 of the French Consumer Code “The seller delivers goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L. 217-5 of the French Consumer Code “The good conforms to the contract:
If it is fit for the purpose usually expected of similar goods and, where applicable :
If it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; If it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.”
Article L. 217-7 of the French Consumer Code “Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.”
Article 1641 of the French Civil Code: “The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, had he known of them.”
Article 1648 of the French Civil Code “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of apparent defects.”
All warranties are excluded in the event of damage of external origin or resulting from misuse, non-conforming use, negligence or lack of maintenance on the part of the customer, as well as in the event of normal wear and tear of the product or force majeure.
ARTICLE 22 - MEDIATION
In the event of a dispute, Crealynes and the customer will attempt to resolve it amicably, in particular by recourse to the Consumer Mediator referred to below.
Since January 1, 2016, any consumer has had the right to call on a consumer mediator free of charge with a view to the amicable resolution of a dispute opposing him or her to a professional. This is the principle set out in the Ordinance of August 20, 2015 on the out-of-court settlement of consumer disputes transposing the European Directive of March 21, 2013 (2013/11/EU) into the Consumer Code.
In the event of failure to reach an agreement, all disputes relating to the performance or interpretation of the present contract between Crealynes and the customer will be submitted to the competent court in accordance with the provisions of the French Code of Civil Procedure.
In accordance with article L. 612-1 of the French Consumer Code, the customer may have free recourse to the mediation service to which we belong. The contact details of the mediation company will be sent to you shortly.
By consenting to SMS marketing from Crealynes at checkout and by initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned cart reminders), SMS marketing offers and transactional messages, including notification requests from us, even if your mobile number is on a state or federal do not call list. The frequency of messages varies. Consent is not a condition of purchase. If you wish to unsubscribe from SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we have provided in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using alternative words or requests, will not be considered a reasonable way to unsubscribe. We do not charge for the service, but you are responsible for any charges associated with text messages imposed by your wireless carrier. Messaging and data charges may apply.
If you have any questions, please send HELP to the number from which you received the messages. You can also contact us at contact@crealynes.com for more information. We reserve the right to change any telephone number or short code we use to operate the service at any time. You will be informed of such occasions. You agree that any message you send to a telephone number or short code that we have changed, including any request for STOP or HELP, may not be received, and we will not be responsible for honoring any requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for the non-delivery, delay or mis-delivery of any information sent via the service, for any errors in such information and/or for any action you may or may not take in reliance on the information or the service. Your right to privacy is important to us. You can read our Privacy Policy here to find out how we collect and use your personal information.