General Terms and Conditions of Sale (GTCS)

A. With individuals

Preamble

The present terms and conditions apply to all sales concluded on the Creative Kits website (https://creative-kits.com/)

The Creative Kits website is a service of :
- Of the company TRACER SRL
- Located at 32 Rue de l'Etang, 1310 La Hulpe, Belgium
- Website address : https://creative-kits.com/
- Email address : hello@creative-kits.com

The Creative Kits website sells the following products:
- Adobe Lightroom presets
- Templates for social networks created in the CANVA application.

The customer declares that he/she has read and accepted the general sales conditions before placing the order.
The validation of the order therefore constitutes acceptance of the general terms and conditions of sale (GTC).

Art. 1 - Principles

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the buyer is deemed to accept them without reservation;
These GTC prevail over any other document and in particular over all general conditions of purchase. They are accessible on the website https://creative-kits.com/. They apply, without restriction or reserve, to all services rendered by the seller to professional buyers. The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in Belgium.
The present GTC are communicated to every buyer at the time of ordering, in the footer of the order form.

These GTC are applicable until 31 December 2023.

Art. 2 - Content

The purpose of these GTC is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
The present GTC only concern purchases made on this website.

Art. 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these GTC and of all the information listed in Article L of the Consumer Code

The following information shall be transmitted to the buyer in a clear and comprehensible manner

- The essential characteristics of the product
- The price and how it is calculated
- The immediate execution of the contract
- Information relating to the identity of the seller, his postal and electronic contact details, his activities, the functionalities of the digital content, its interoperability, the existence and the methods of implementation.

Art. 4 - The Order

The buyer places his order online, from the online catalogue and by means of the purchase button on the product itself or via the button in the basket.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present GTC. Acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.
The buyer must choose the delivery email to obtain the product(s). Payment is made by electronic debit immediately after purchase (validation of the order).
Any paid order implies acceptance of the prices and descriptions of the products available for sale.
The sale will be considered as final:
- After the seller has sent the buyer confirmation of the purchase of the order by e-mail
- And after immediate collection by the seller of the full price
In certain cases, notably an erroneous email address or other technical problem, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can :
- Send an email to the following address: hello@creative-kits.com

Art. 5 - Order confirmation

The seller provides the buyer with a confirmation of purchase by e-mail.

Art. 6 - Proof of the transaction

The computerised registers, kept in the seller's computer system (Shopify and Gmail), will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Art. 7 - Information on products

The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of stocks (if stock exists), trends and formats (e.g. if Adobe Lightroom decides to change the DNG and XMP format by a new format).
The products are described and presented with the greatest possible accuracy. However, the seller cannot be held responsible for any errors or omissions in this presentation.
The photographs of the products are not contractual.

Art. 8 - Prices

Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices on the site are indicated in euros and include VAT. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the final order.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Price reductions
The buyer may benefit from discounts and rebates if he/she holds a code to be inserted at the time of the final order.

Delivery prices

Due to the nature of the product purchased, delivery is always free. This does not include the cost of the connection and the speed of downloading the product, which are charged to the customer.

Art. 9 - Method of payment

This is an order with a payment obligation, which means that the placing of the order implies a payment by the buyer. In order to pay for the order, the buyer has the choice of all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorisations to use the method of payment chosen by him when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by the officially accredited organisations.
The price is payable automatically, in full and in one instalment on receipt of the order confirmation. The payment date will be mentioned on the invoice sent to the buyer.

Art. 10 - Availability of products

The products are available at any time. Except in case of force majeure (e.g.: Canva goes bankrupt or the application used to send the product breaks down, ...), or technical problems, the products are automatically received after payment of the order.
The unavailability of the products would be justified by a change of collections, by a change of trends or by a change of the technical characteristics of the product, ...

Art. 11 - Delivery method

Delivery means the transfer to the consumer of possession/control of the goods. The products ordered are delivered according to the terms and conditions and within the period specified above.
Delivery is only made after confirmation of payment by the seller's Shopify system.
Without payment, there will be no delivery. Due to the nature of the product (digital product), it does not require a delivery method. The only delivery method is by email.
The products are delivered to the email address indicated by the buyer in the order form. The buyer must ensure that this address is correct. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by contacting the buyer by email - hello@creative-kits.com.

Art. 12 - Product warranty

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault on the part of the buyer.

Art. 13 - Right of withdrawal (with or without refund, exchange, ...)

As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

In addition, the nature of the product (digital content not supplied on a material medium whose performance began when the product was purchased) does not allow for withdrawal after purchase. It will not be possible to request a refund or exchange from the seller.

Art. 14 - Force majeure

All circumstances beyond the control of the seller, preventing the execution of its obligations under normal conditions, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
All facts or circumstances that are irresistible, external to the seller, unforeseeable, unavoidable, independent of the seller's will and which cannot be prevented by the latter, despite all possible efforts, shall be considered as cases of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the Belgian courts and tribunals: earthquakes, fires, storms, floods, lightning, the stoppage of communication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued.

Art. 15 - Intellectual property
The content of the website remains the property of the seller, who is the sole owner of the intellectual property rights on this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

Art. 16 - Data processing and liberties

The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. This right can be exercised under the conditions and according to the methods defined on the site https://creative-kits.com/.


Art. 17 - No - partial validation

If one or more clauses of these GTC are held to be invalid. Valid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will keep all their force and their scope.

Art. 18 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

Art. 19 - Language of the contract

These GTC are written in French. In the event that they are translated into several foreign languages, only the French text shall be deemed authentic in the event of a dispute.

Art. 20 - Mediation and settlement of disputes

The buyer may have recourse to conventional mediation, in particular with the Belgian Ombudsmen in case of dispute.

In accordance with art. 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible on the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

Art. 21 - Applicable law

These GTC are subject to the application of Belgian law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court of Brussels (Brussels Capital).

Art. 22 - Collection of personal data.

Collected data
The personal data collected on this site are the following:
- Account opening: when the buyer creates a user account, his/her name, first name, postal and e-mail address, etc.
- Connection: when the user connects to the website, the user's name, first name, connection data, usage data, location data and payment data are recorded
- Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
- Payment: when paying for products offered on the website, the website records financial data relating to the user's payment method (credit card, PayPal, etc.)
- Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.

Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user
- Management of the conditions of use of the payment services
- Verification, identification and authentication of data transmitted by the user
- Prevention and detection of fraud, malware, etc. and management of security incidents
- Management of possible disputes with the user
- Sending commercial and advertising information according to the user's preferences.

Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
- When the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies, with which it has contracts
- When the user publishes publicly accessible information in the free comment areas of the website
- When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in the course of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data.
- If required by law, the website may transmit data to follow up on claims made against the website and to comply with administrative and judicial procedures.
- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data.

Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that internat is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Enforcement of users' rights
In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending an e-mail to hello@creative-kits.com:
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- The right of rectification: if the personal data held by the website is inaccurate, they may request that the information be updated.
- The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws
- The right to restriction of processing: users may request the website to restrict the processing of personal data in accordance with the assumptions set out in the GDPR
- The right to portability: they can request that the website gives them the personal data provided to it to transmit to a new website.

Evolution of this clause
The website reserves the right to make any changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.

B. Between professionals

Preamble


The present general conditions of sale apply to all sales concluded on the Creative Kits website (https://creative-kits.com/)


The Creative Kits website is a service of :
- Of the company TRACER SRL
- Located at 32 Rue de l'Etang, 1310 La Hulpe, Belgium
- Website address : https://creative-kits.com/
- Email address : hello@creative-kits.com


The Creative Kits website sells the following products:
- Adobe Lightroom presets
- Templates for social networks created in the CANVA application.


The customer declares that he/she has read and accepted the general sales conditions before placing the order.
The validation of the order therefore constitutes acceptance of the general terms and conditions of sale (GTC).


Art. 1 - Principles

The present general conditions express the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the buyer is deemed to accept them without reservation;
These GTC prevail over any other document and in particular over all general conditions of purchase. They are accessible on the website https://creative-kits.com/. They apply, without restriction or reserve, to all services rendered by the seller to professional buyers.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They shall be applicable as soon as they are put online.
If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in Belgium.
The present GTC are communicated to every buyer at the time of ordering.


(photo of order form)


These GTC are applicable until 31 December 2023.


Art. 2 - Content

The purpose of these GTC is to define the rights and obligations of the parties in the context of the online sale of goods and products offered by the seller to the buyer.
The present GTC only concern purchases made on this website.


Art. 3 - The Order

The buyer places his order online, from the online catalogue and by means of the purchase button present on the product itself or via the button in the basket.
In order for the order to be validated, the buyer must accept, by clicking on the place indicated on the site, the present GTC. Acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.

The buyer will have to choose the delivery email to get the product(s). Payment is made by electronic debit immediately after purchase (validation of the order).
Any paid order implies acceptance of the prices and descriptions of the products available for sale.
In certain cases, notably an erroneous email address or other technical problem, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can :
- Send an email to the following address: hello@creative-kits.com

Art. 4 - Order confirmation

The contractual information will be confirmed by email at the time of payment, to the email address indicated in the order form previously filled in before pressing the purchase button.

Art. 5 - Proof of the transaction

The computerised registers, kept in the seller's computer system (Shopify and Gmail), will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Art. 6 - Information on the products

The products governed by these general conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of stocks (if stock exists), trends and formats (e.g. if Adobe Lightroom decides to change the DNG and XMP format by a new format).
The products are described and presented with the greatest possible accuracy. However, the seller cannot be held responsible for any errors or omissions in this presentation.
The photographs of the products are not contractual.

Art. 7 - Price

Calculation
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date. The prices on the site are indicated in euros and include VAT. They do not take into account delivery costs, which are invoiced in addition and indicated before the order is validated. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the final order.
Payment of the full price must be made at the time of ordering. At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.

Price reduction

The buyer can benefit from discounts and rebates if he/she has a code to insert at the time of the final order.

Art. 8 - Method of payment

This is an order with a payment obligation, which means that the placing of the order implies a payment by the buyer. The payment of the order is only made by direct debit via an electronic payment method adopted by the buyer. The buyer must enter the details in the space provided and confirm this entry. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorise payment by officially accredited organisations. The seller has put in place a procedure for verifying orders to ensure that no one uses the bank details (credit cards, etc.) of another person without their knowledge. As part of the verification process, the buyer will be asked for the purchase confirmation sent by email and the email used to receive the order. The order will only be validated after the seller has received and verified the documents sent.
The price is payable automatically, in full and in one instalment on receipt of the order confirmation. The payment date will be mentioned on the invoice sent to the buyer.

Art. 9 - Availability of products

The products are available at any time. Except in case of force majeure (e.g.: Canva goes bankrupt or the application used to send the product breaks down, ...), or technical problems, the products will be received automatically after payment of the order.
The unavailability of the products would be justified by a change of collections, by a change of trends or by a change of the technical characteristics of the product, ...

Art. 10 - Terms of delivery

Delivery is only made after confirmation of payment by the seller's Shopify system.
Without payment, there will be no delivery. Due to the nature of the product (digital product), it does not require a delivery method. The only delivery method is by email.
The products are delivered to the email address indicated by the buyer in the order form. The buyer must ensure that this address is correct. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by contacting the buyer by email - hello@creative-kits.com.

Art. 11 - Product warranty

The seller guarantees the buyer against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of the said services to the exclusion of any negligence or fault on the part of the buyer.
In any case, in the event that the seller's liability is retained, the seller's guarantee is limited to the amount paid by the buyer for the purchase of the goods.

Art. 12 - Right of withdrawal (with or without refund, exchange, ...)

As the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

In addition, the nature of the product (downloadable digital product) does not allow for withdrawal after purchase. It will be impossible to request a refund or an exchange from the seller.

Art. 13 - Force majeure

All circumstances beyond the control of the seller, preventing the execution of its obligations under normal conditions, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
All facts or circumstances that are irresistible, external to the seller, unforeseeable, unavoidable, independent of the seller's will and which cannot be prevented by the latter, despite all possible efforts, shall be considered as cases of force majeure. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the Belgian courts and tribunals: earthquakes, fires, storms, floods, lightning, the stoppage of communication networks or difficulties specific to telecommunication networks external to the customers.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued.

Art. 14 - No - partial validation

If one or more clauses of these GTC are held to be invalid. valid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses shall retain all their force and scope.

Art. 15 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

Art. 16 - Applicable law

These GTC are subject to the application of Belgian law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court of Brussels (Brussels Capital).

Art. 17 - Collection of personal data

Collected data
The personal data collected on this site are the following:
- Account opening: when the buyer creates a user account, his/her name, first name, postal and e-mail address, etc.
- Connection: when the user connects to the website, the user's name, first name, connection data, usage data, location data and payment data are recorded
- Profile: When using the services provided on the website, a profile is created, which may include an address and telephone number.
- Payment: when paying for products offered on the website, the website records financial data relating to the user's payment method (credit card, PayPal, etc.)
- Cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the parameters of his browser.

Use of personal data
The personal data collected from users is used to provide and improve the website services and to maintain a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user
- Management of the conditions of use of the payment services
- Verification, identification and authentication of data transmitted by the user
- Prevention and detection of fraud, malware, etc. and management of security incidents
- Management of possible disputes with the user
- Sending commercial and advertising information according to the user's preferences.

Sharing of personal data with third parties
Personal data may be shared with third parties in the following cases:
- When the user uses the payment services, for the implementation of these services, the website is in relation with third party banking and financial companies, with which it has contracts
- When the user publishes publicly accessible information in the free comment areas of the website
- When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in the course of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data.
- If required by law, the website may transmit data to follow up on claims made against the website and to comply with administrative and judicial procedures.
- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data.

Security and confidentiality
The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internat is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of users' rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by sending an e-mail to hello@creative-kits.com:

- They can update or delete their data by logging into their account (if they have created one) and configuring the settings of this account
- They can delete their account by writing to hello@creative-kits.com. Note that information shared with other users, such as posts in the comments section, may remain publicly visible on the website even after their account has been deleted
- They can exercise their right of access to their personal data by writing to hello@creative-kits.com. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
- If the personal data held by the website is inaccurate, they may request that the information be updated, by writing to hello@creative-kits.com
- Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to hello@creative-kits.com

Changes to this clause
The website reserves the right to make changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.