Terms of service

About

Terms of use

(TU)

OVERVIEW

This website is operated by TRACER srl. Throughout the site, we use the terms "we", "us" and "our" in reference to TRACER srl. This website, including all information, tools and services to which it provides access, is offered by TRACER srl to you as a user, provided that you accept all of the terms, conditions, policies and notices stated here. .

By visiting our site and/or purchasing something from our business, you are taking part in our "Service" and agreeing to be bound by our terms and conditions following ("Terms and Conditions", "Terms of Use"), including the terms, conditions and policies referenced herein and/or hyperlinked to. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers.

Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not be able to access the Website or use its Services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.

Any new tools or features that are added to this store are also subject to the Terms of Service. You can review the most recent version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting such updates and/or changes to our website. It is your responsibility to check this page from time to time to see if any changes have been made. By continuing to access or use the website after the changes are posted, you accept the changes.

Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

PREAMBLE

The present general conditions of use are concluded for an indefinite period. The contract is effective for the user as of the beginning of the use of the service.

The site https://creative-kits.com/ reserves the right to modify the clauses of these general conditions of use at any time and without justification.

SECTION 1 - ONLINE STORE TERMS OF USE

Any user with access to the internet can access https://creative-kits.com/ from anywhere. The costs incurred by the user to access the site (internet connection, computer equipment, etc.) are not the responsibility of the publisher.

The site and its various services may be interrupted or suspended by the publisher, in particular for maintenance purposes, without any obligation to give prior notice or justification.

By agreeing to these Terms of Service, you represent that you have reached or passed the age of majority in your region, province or state and have given us permission to allow any minor dependents to use this site.

You must not use our products for any illegal or unauthorized purpose in any way or violate any laws in your jurisdiction when using the Service (including, but not limited to, limit, copyright laws).

You must not transmit worms, viruses or any code of a destructive nature.

A breach or breach of any of the Terms will result in immediate termination of your Services.

The user of the site has access to the following services:

the product catalogue: Presets, Social Media Templates, Bundles
the creation of a customer account (his choice)
the different possibilities of electronic payment (except bank transfer, solution not proposed)
news from the Journal
the faq

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service at any time and for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted and that includes (a) transmissions over multiple networks; and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is always encrypted when transferred over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The publisher cannot be held responsible in the event of a failure, breakdown, difficulty or interruption in operation, preventing access to the site or to one of its functions.

The equipment used to connect to the site is the sole responsibility of the user, who must take all appropriate measures to protect the equipment and data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data he/she consults.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We cannot be held responsible if the information offered on this site is inaccurate, incomplete or outdated. The material on this site is provided for general information only and should not be relied upon or relied upon as the sole basis for making decisions without consulting more substantial, more accurate, more complete or more current sources of information. If you rely on the content of this site, you do so at your own risk.

This site may contain certain historical data. By definition, historical data is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information it contains. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 - SERVICE AND PRICE CHANGES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We shall not be liable to you or any third party for any price change, or any modification, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may only be available online through the website. The quantities of these products or services may be limited and their return or exchange may be strictly subject to our Return Policy – no product is refunded or exchanged.

We have made every effort to present the colors and images of the products on the store as accurately as possible. However, we cannot guarantee the accuracy of the display of colors on your computer screen.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any particular person, geographic region or jurisdiction. We allow ourselves to exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any product or service offer on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other materials that you purchase or obtain will meet your expectations or that any errors in the Service will be corrected

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or on the same customer account, the same credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time of ordering. . We reserve the right to limit or prohibit orders that we believe appear to have been placed by traders, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or manage.

You acknowledge and agree that we provide you with access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any endorsement. We are not responsible for anything that may result from or be related to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your discretion and risk. In addition, it is your responsibility to find out about the conditions under which these tools are provided by the relevant third-party provider(s) and accept these conditions.

We may also offer new services and/or features through the website (including the release of new tools and resources) in the future. These new services and/or features will also be subject to these Terms of Use.

SECTION 8 - THIRD PARTY LINKS AND HYPERTEXT LINKS

THIRD PARTY LINKS

Certain content, products and services accessible through our Service may include materials from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are under no obligation to review or evaluate their content or accuracy, nor do we warrant or assume any responsibility for the content or websites, or other content, products or services from third party sources.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content or any other transaction related to these third-party websites.Please read the policies and practices of such third parties carefully and make sure you understand them before engaging in any transaction Complaints, claims, concerns or questions regarding third party products should be directed to those same third parties.

HYPERTEXT LINKS

The setting up by the user of all hypertext links to all or part of the site is strictly forbidden, unless prior written authorisation is obtained from the publisher by email: hello@creative-kits.com

The publisher is free to refuse this authorisation without having to justify its decision in any way. In the event that the Editor grants its authorisation, this authorisation is in all cases only temporary and may be withdrawn at any time, without any obligation to justify the decision on the part of the Editor.

In any case, any link must be withdrawn on simple request from the publisher.

Any information accessible via a link to other sites is not under the control of the publisher who declines all responsibility for their content.

ARTICLE 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, as part of your participation in competitions), or if, without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to modify, copy, publish, distribute, translate and use in any media any comments you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments provided; or (3) respond to comments.

We may, but have no obligation to, remove content and Accounts containing content that we determine, in our sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments must not in any way infringe the rights of any third party, including copyright, trademark, privacy, personality or any other personal right or intellectual property. You further agree that your comments shall not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us or third-parties as to the origin of any comments. You are fully responsible for all comments you provide and for their accuracy. We are not responsible for any comments posted by you or any third-party.

ARTICLE 10 - PERSONAL INFORMATION

The transmission 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

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions, relating to descriptions, pricing, promotions, offers, shipping costs, transit times and product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, even to cancel orders if any information in the Service or on any related website is inaccurate, and this, at any time without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information set forth in the Service or on any related website, including but not limited to price information, unless the law requires it.No specific update or refresh date applied to the Service or any related website can be set to indicate that all of the information offered in the Service or on any related website has been modified or updated. t8>

ARTICLE 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to induce others to perform or participate in any unlawful acts;

(d) to infringe or violate our intellectual property rights or those of third parties;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, 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 could be used to compromise the functionality or operation of the Service or any related website, as well as other websites or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, hijack a domain, extort information from, browse, crawl or scan the web;

(j) for obscene or immoral purposes; or

(k) to disrupt or circumvent the security measures of the Service or any related site, as well as other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibitions on use.

(l) it is forbidden to use the texts and photos used on the site as illustrations of products and texts in one's own name. The photos are taken from public databases such as Unsplash, Pexels, Pixabay, ... those reworked with our filters may only be shared with the prior permission of the publisher. The same applies to product images. The same rule applies to the text: it is forbidden to reproduce it in full or in part.

We reserve the right to terminate your use of the Service or any related website for violating the prohibitions on use.

ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant, warrant, or represent that your use of our Service will be uninterrupted, secure, delay-free, or error-free.

We do not warrant that the results that may be obtained from using the Service will be accurate or reliable.

You agree that, from time to time, we may withdraw the Service for indefinite periods or cancel it at any time without notice.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated by us) provided "as is" and "as available" for your use, without representation , warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement.

TRACER srl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages, including but not limited to lost profits, revenue, savings or data, replacement costs or other similar damages, whether in contract, torts (even if negligence), strict liability or otherwise, arising out of your use of the Service or any service or product using it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted or made accessible through the Service, even if you have been warned of the possibility that they may occur

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

ARTICLE 14 – COMPENSATION

You agree to indemnify, defend and hold harmless TRACER srl and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, free 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 of Service or the documents they incorporate by reference, or your violation of any laws or rights of a third-party.

ARTICLE 15 – SEVERABILITY

In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the party not applicable shall be deemed severed from these Terms of Use, without such judgment affecting the validity and enforceability of the other provisions.

ARTICLE 16 – TERMINATION

The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service will survive unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we find or suspect, in our sole discretion, that you are breaching or have breached any term or provision of these Terms of Service, we also may terminate this agreement at any time. time and without notice. You will then remain liable for all amounts owing up to and including the date of termination, as a result of which we may deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision

These Terms of Service or any other policies or operating rules posted by us on this site or relating to the Service constitute the entire understanding and agreement between you and us, and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Use shall not be construed against the drafting party.

ARTICLE 18 – APPLICABLE LAW

These Terms of Service, as well as any separate agreement by which we provide the Services to you, are governed by and construed under the laws of the Kingdom of Belgium.

In the event of disputes brought before the Courts, only the Courts of Brussels have jurisdiction.

ARTICLE 19 - CHANGES TO TERMS OF USE

You can review the most recent version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting such updates and/or changes to our website. It is your responsibility to check our website from time to time to see if any changes have been made. By continuing to access or use our website and the Service after any changes to these Terms of Service are posted, you agree to those changes.

ARTICLE 20 – CONTACT DETAILS

Questions regarding the Terms of Service should be sent to us at hello@creative-kits.com.