TERMS & CONDITIONS KREATEURS
2 april 2015
These Terms and Conditions shall be applicable to all sales of products proposed by Kreateurs SAS, a French joint stock company having its registered office at 59 avenue Maurice Berteaux, 78500 SARTROUVILLE, France, registered under number 808574909 RCS VERSAILLES and having a VAT number FR52808574909 (the “Seller”) through its website www.kreateurs.com (the “Site”).
The Seller is specialized in commercializing in France and abroad of a high quality prêt-à-porter items manufactured by French designers (the “Item” or the “Items”) to any purchaser wishing to acquire such products.
Purchaser means any individual consumer who browses, gets familiar with the Site and orders/purchases one or more Items proposed by the Seller.
Any Purchaser’s Terms and Conditions are hereby expressly excluded. Any provision included in Purchaser’s documentation subsequent to our commercial offer or purchase order which modifies these general terms and conditions shall be considered null and void, unless expressly agreed by the Seller.
- Acceptance of terms - Scope
By placing an order through the Site and proceeding to payment the Purchaser accepts these Terms and Conditions.
The order of Items is restricted to the Purchaser who have previous knowledge and irrevocable acceptance of these Terms and Conditons in full and have unconditionally accepted by checking the box provided for that purpose on the Site.
These Terms and Conditions may be amended at any time on the sole discretion of the Seller, without prior notice, provided that such changes shall not apply to orders that have already been accepted by the Seller for and on behalf of the concerned Purchaser. The Seller may also change registration rules on the Site from time to time.
To use some of our services or features made available to the Puchaser on the Site, he shall proceed with registration . Upon registration on the Site, the Purchaser shall provide true, accurate, complete and current information about himself. Should any of such registration information change, the Purchaser is kindly asked to update his data of the Site or notify the Seller by sending an e-mail at the following address firstname.lastname@example.org.
- Eligibility to purchase
In order to make purchases on the Site the Purchaser is required to provide his personal details. In particular, he shall provide his name, phone number, e-mail address and other requested information as indicated.
- Order Confirmation
The confirmation of the order, which summarises the essential elements, such as the identification of the service(s) ordered and the price, will be forwarded to the Purchaser by e-mail provided by the latter within a maximum of 24 hours after the moment of the order.
- Order modification - cancellation
All orders are subject to acceptance and availability. The Seller reserves the right to refuse any order for legitimate reasons and more especially if the quantities of Items ordered are unusually high for purchasers having the capacity of consumers. Whereby the Seller declines or limits the order of the Purchaser made on the Site , he informs the letter immediately by e-mail at the address provided by him.
If ordered Item is not available, the Purchaser can proceed for an exchange or be fully reimbursed of the total sum paid. If his credit card has been charged and his order is canceled or modified, the Seller shall immediately issue a refund to Purchaser’s credit card in the amount of the charge and notify him that his order was canceled. In such case, the Purchaser receives a refund within a maximum period of thirty (30) days as of the payment of canceled order.
Where the case may be, promotions will be refunded and reactivated in the account of the Purchaser, as long as the promotion has yet to expire.
Couture and customized orders
Kreateurs.com allows to pre-order accessories, bags and jewelries and couture pieces from fashion designers. By placing this order the Purchaser accepts an additional delay for production of Items, which will be added to a standard delivery time. The pre-ordered Item is fully pre-paid by the Purchaser.
Thus, once the Item accepted by the designer, the Purchaser shall not be able to make changes to the order and shall not benefit from the withdrawal right as described hereunder. This includes size changes, style changes, quantities, etc.
As soon as the pre-order has been placed, it cannot be canceled unless the shipment is unavoidably delayed..
Any delays, production changes, or cancellations on the designer’s initiative will be communicated to the Purchaser as soon as confirmed by the designer. Where requested, the Purchaser shall be reimbursed in full by the Seller.
- Withdrawal and cancellation of orders Pret-a-porter by the Purchaser
In compliance with the article L.121-21 of the French Consumer Code, the Purchaser has a period of withdrawal of fourteen (14) days as of the date of receipt of an order of Pret-a-porter (or Ready-to-wear) and accessories available in stock. Within this period the order may be canceled at any time by contacting email@example.com. The Purchaser shall receive a full refund, including any shipping, duties, and/or regional taxes within a period of fourteen (14) days as from the reception by the Seller of the withdrawal demand.
In the event the Seller has already sent goods to the Purchaser, the latter shall return the canceled orders to 59 avenue Maurice Berteaux, 78500 Sartrouville, France. Direct expenses incurred to return the Items to the Seller, including shipping expenses, shall be bourne by the Purchaser.
The Items must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including Kreateurs and designer’s hanging tags. Other designer’s packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provided. In case the order did not initially include the proper packaging please email firstname.lastname@example.org.
Any returned products which are damaged, do not include the proper packaging materials, soiled, or altered may not be accepted and will be returned to the Purchaser. Refunds or credits will not be processed until the Items are returned and inspected by the Seller.
Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. All shoes must be returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to the Purchaseryou.
Lingerie & Swimwear
Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the Purchasecustomer.
We have made every effort possible to ensure the colors are displayed as accurately as possible. Kreateurs cannot guarantee your computer’s monitor will accurately display the true color. If you have any questions about the color of an item please contact email@example.com prior to placing your order.
All products not eligible to be returned will be noted in the Item Details. No returns or exchanges will be accepted on the following Items and sales of the following Items are considered as Final Sale:
- Vintage items
- Fine Jewelry
- Customized items
- Couture pieces
- Payment Terms
The Seller accepts credit cards such as Visa and Mastercard. The Purchaser shall choose Paypal to proceed to payment. When selecting this option at checkout, the Purchaser will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, the Purchaser will then return to kreateurs.com. Payment will be debited from the Purchaser’s account upon dispatch of the order. The Purchaser shall use a credit card that legally belongs to him or that the owner has given him the authorization to use. Each credit card will be verified by its issuer.
All payments by bank card are made via a secure platform accessible from the Site. The payment will be considered effective after the bank's agreement to debit the Purchaser's bank account.The payment of the order by the Purchaser is irrevocable, without prejudice to the latter’s right to exercise his right of withdrawal.The ownership of the Items is only transferred to the Purchaser after full payment of the price by the latter.
Kreateurs.com may contact the Purchaser in order to complete verification process. If the Purchaser does not respond to the request of check, he will be notified and the order can be canceled and thus refunded in the original payment method.
The Item prices are indicated on the Site in Euros, American Dollars or Russian Roubles excluding taxes and delivery costs. The Value Added Tax is the one in force on the territory of France on the day of the order.
Credit card will be debited in the currency the Purchaser has chosen to pay in. Charges for shipping and handling will be made in accordance with then-current shipping policies, as described below. Payments made in American Dollars or Russian Roubles are calculated using currency conversion on the day of the transaction. In case of couture and customized order of Items, the Purchaser shall prepay in full the amount of such order including shipping fees and taxes.
Please be aware that because of the “pre-sale” nature of such transactions, you should expect a wait period of approximately four to six (4 to 6) weeks between the date you place your order and the date that the Item is ready for shipment. The estimated delivery window will be noted on the Product page of the respective Item.
If you order Items available for immediate shipping from our warehouse, you will be required to pay the full amount due, plus shipping fees and any taxes and/or duties associated with the Item at the time you place your order.
- 10. Changes in Products and Pricing
The Seller is constantly updating and revising our offerings of Items, and may discontinue Items at any time without notice. All pricing for the Items is subject to change. For all of prices and Items, the Seller reserves the right to make adjustments due to changing market conditions, Item discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
Nevertheless, the Seller reserves the right to change information on the Site concerning Items and prices whereby they are not available in our stock or the stock of such Items is controlled by the designer. In case such amendments intervene for orders already confirmed, the Seller shall immediately inform thereof the Purchaser by e-mail. In such case, the Purchaser has right to modify or cancel his order in accordance with our Return Policy.
- 11. Delivery proceedings
The Items will be delivered to the Purchaser after validation of the payment of the order. The Purchaser will be informed of the shipment of the Items by email. In the event where the order includes Items whose availability dates differ from the time when the order was placed, it will be shipped when all the Items are available, in a single dispatch.
The Items are delivered to the address indicated by the Purchaser when he places his order on the Site. The Purchaser must check the completeness and the compliance of the information he provides to the Seller. The Seller may not be held responsible for any data entry errors or missing information and consequences in terms of delays or delivery errors. In this event or in the event a delivery person is unable to deliver, all the costs incurred for reshipping the order are entirely borne by the Purchaser.
In case of delays, damage, total or partial losses of Items and/or of the order, it is the responsibility of the Purchaser to exercise any remedy directly with the carrier in order that the latter assumes the responsibilities incumbent on it, and to inform the Seller at the same time. The Seller may not remedy any defaults in execution of the carrier which it does not want to assume, but may possibly, on a case-by-case basis, offer the Purchaser compensation if his claim is refused by the carrier.
The delivery period for Items will be indicated to the Purchaser when he places his order and prior to confirmation of the order and payment by the Purchaser. The Seller will make its best effort to ensure that the order, accompanied by a delivery slip, is delivered in a period of between 8 and 15 business days as of receipt of the Purchaser's payment.In case of retention of Items by custom authorities we shall not be held responsible for non-compliance with these deadlines.
In any event, except in case of force majeure, all Items purchased on the Site will be delivered to the address indicated by the Purchaser when he places his order within a maximum period of thirty (30) business days as of the day following receipt of payment of the order. However, due to the time period required for the manufacture and preparing of couture and customized orders as annonced above, the maximum delivery period of 30 days shall run as of the dispatch by the Seller of such orders.
In case of delivery within the France, local tax will be charged on your orders. If the delivery is to be done outside France, no taxes on import are applied to the final price. All orders are shipped from the Seller’s French warehouse and will be sent via Colissimo for standard delivery time or via DHL express to be delivered in more rapid delays. A local delivery partner in Russia is used in order to guarantee the best service of delivery and returns.
If the delivery is to be done outside the France on a DDP (Delivery Duty Paid) basis, duties will be automatically applied at the time of checkout. The costs of shipping and any import taxes, and duties paid are non-refundable.
According to the method of delivery chosen, the dated delivery slip will be simply handed over by the carrier with the package(s) of the order made available to the Purchaser at the place of delivery (for example: in his letter box) or will be dated and signed by the Purchaser if he is present on the delivery of the order.
In any event, the delivery slip handed over by the carrier will constitute proof in respect of transport and delivery.
The transfer of risks of loss and damage of the Items will take place after the delivery and receipt of the Items by the Purchaser.
In the event of the absence of the recipient on delivery, the carrier will leave notice of passage at the delivery address indicated by the Purchaser. The Items must be collected at the address and according to the modalities indicated by the carrier. In the event of non-collection within the deadlines provided by the carrier, the Items will be returned to the Seller who reserves the right to cancel the order and to reimburse its price to the Purchaser, with the return transport costs remaining at the Purchaser's charge.
- 12. Warranties: compliance of products and hidden defects
The Seller informs the Purchaser of all the aesthetic and technical characteristics of the Items offered for sale, in compliance with the information communicated by the designers of such Items.
Prior to each shipment of an order, the Seller checks the Products to be delivered to the Purchaser in order to ensure that they comply with the order actually placed by the Purchaser.
Without prejudice to the reservations it may have made with the carrier as to the condition or the quantity of Items upon the delivery of his order, the Purchaser benefits from the legal compliance warranties for the periods and in the conditions described in articles L.211-1 of the French Consumer Code, subject to a normal use of the Items in compliance with their intended purpose.
He also benefits from the warranty for hidden defects in the conditions and for the periods provided in Article 1641 et seq. of the French Civil Code.
If the Purchaser was to find any lack of conformity or a hidden defect in the Products, he must immediately inform the Seller by registered letter or by email to the addresses which appears in the Article 1 of these Terms and Conditions.
The Purchaser then undertakes to return the Product at his cost within seven (7) days following notification of the lack of conformity or hidden defect by Colissimo or DHL with tracking, accompanied by the delivery slip, to 59 avenue Maurice Berteaux, 78500 Sartrouville, France in its original packaging and in full.
When the non-conformity or hidden defect has been observed by the Seller, in compliance with articles L211-9 and L211-10 of the French Consumer Code and 1644 of the French Civil Code, the Purchaser may choose the reparation he wishes to obtain from the Seller (repair of the Item, replacement or reimbursement of the price), unless this desire gives rise to a clearly disproportionate cost, taking into account the value of the product or the significance of the defect, at no additional cost for the Purchaser.
- 13. Force majeure
The performance of the obligations of the Seller may be suspended in the case of a Force Majeure event, as defined by the case law of the French Courts, which may prevent such performance.
The Seller will inform the Purchaser of the occurrence of a force majeure event within seven (7) days of its occurrence. In the event where this suspension continues after a period of 30 (thirty) days, the Purchaser will have the possibility to terminate the order in progress affected by the Force Majeure, and will then be reimbursed the price of the Items ordered and for the delivery costs paid.
- 14. Contests and Promotions
On occasion Kreateurs issues promotional codes and similar “gift certificates” which will provide a credit towards a purchase on the Site when redeemed at checkout. These codes are non-transferrable, and are to be used only by the intended recipient. In particular, Kreateurs reserves the right to cancel a promotion and/or to reject redemption of a promotional code when the total value of the promotional code exceeds a certain value, generally the price of the item for which the promotional code is used.
Promotions are only eligible for full-priced products and are limited to one per transaction. Minimum spends may be required and will be communicated on any correspondence. Where a promotion has been communicated via email, the promotional code is non-transferable and the email address provided during checkout must be the same as the email address to which the promotion was sent. Kreateurs shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Promotional codes do not cover the costs of any shipping, duties, and/or regional taxes where applicable. These are to be paid by you.
All promotions have an expiration date which will be indicated in your account or in any communication to the customer. Once a promotion has expired the amount may not be refunded. If the promotion is still active, it will be refunded back to the customer’s account to be used towards a future order.
The Seller has put reasonable security measures in place intended to protect against the loss, misuse or alteration of Personal Data, Billing Information, and Other Information that we have collected from you at the Site. However, the Seller is unable to guarantee that the security measures he takes will not be penetrated or compromised, or that the Personal Data of any customer will remain secure under all circumstances. When a consumer enters sensitive information (such as a credit card number) on his order forms, the Seller encrypts the transmission of that information using secure socket layer technology (SSL). If you have any questions about security on the Site, you can contact us at firstname.lastname@example.org
The Site uses “cookie” technology. “Cookies” are short pieces of data generated by a web server that a website stores on a user’s computer. Certain pages on the Site may require the use of a cookie for purposes of keeping information you enter on multiple pages together. Cookies also enable the Seller to customize the Site and offerings to customers needs and provide them with a better online experience with Kreateurs. In addition, cookies are used to:
- allow registered users to sign in without typing their sign in name each time;
- measure usage of various pages on our Site to help us make our information; more pertinent to your needs and easy for you to access;
The types of cookies that used on the Site are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once the consumer leaves the Site. Persistent cookies remain on consumer’s computer hard drive until he deletes them. Cookies do not corrupt or damage consumer’s computer, programs, or computer files.
Data protection and use of personal information
When the Purchaser registers on ther Site, he provides the following information: name, gender, date of birth, telephone number, e-mail address. For placing orders in addition to the above information, the user specifies a shipping address and billing address. the Site does not collect personal information or any other personal information without your prior consent.
By submitting a personal data to the Site or the transmission of personal data to Kreateurs by other means, user consents to the use of his personal data, including collection, storage, use, destruction of data for the purpose of ordering, payment, delivery, returns, answer questions, application letters addressed through the Site, to ensure he receives information about products and services, discounts and promotions, or with a different purpose for which personal data have been sent to us.
By making a purchase on the Site, or simply registering, user agrees to receive e-mails, SMS messages, phone calls, notifying him about the status of the order, as well advertising information on his registered e-mail addresses and phone numbers.
The Seller has the right to send advertising, news and technical reports to the user in the event of his or her consent to receive such communications. The user can opt out of receiving emailings at any time by clicking the unsubscribe link at the bottom of the letter. The user has the right to opt out of receiving promotional and other information without explaining the reasons for refusal by informing Kreateurs by e-mail email@example.com.
The Site automatically collects a number of technical data, including your IP address, cookies, browser history, etc. visits.
Kreateurs shall not distribute any confidential information and shall take all possible measures to protect data from unauthorized access, alteration, disclosure or destruction. Confidential information is stored in the cloud mode on the secure servers of the OVH company based in France.
- 16. Intellectual property rights
The use of the Site and its contents grants no right to the Puchaser in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Kreateurs Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. The Purchaser is permitted to use the Content only as expressly authorized by Kreateurs and/or its third party licensors.
Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
- 17. Content
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Kreateurs does not promise that Kreateurs’Content is accurate or error-free. Kreateurs does not promise that the functional aspects of the Site will be error free, or that Kreateurs Content is free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Kreateurs and we accept no responsibility for any such views expressed in any media.
- 18. Law & jurisdiction
These Terms and Conditions are governed by and construed in accordance with French law and subject to the exclusive jurisdiction of the French competent Courts.
- Customer service enquiries
For assistance with our Site, email firstname.lastname@example.org or call +331 8083 6000 internationally, from 9am-5pm GMT, Monday to Friday.