Terms of Agreement of Creothek
The following terms of agreement of the company Creothek, apply for all contact partners and users of the online trade platform for creative products, design products and handicraft of Creothek.
The terms of agreement apply to all users, regardless of the way they accessed the website, especially for redirections from other websites.
The general terms of agreement are valid, independent from the question, on which way the user / customer has found his way to the trading platform Creothek, especially from the website that allow direct access to the platform of Creothek.
§ 1 Duties of Creothek
1. Creothek offers an internet based trading platform for all natural and juristic persons, who are registered as users.
2. The trading platform serves as a place to offer products and services in the field of arts, handicraft and design, as long as they don’t violate statuary regulations.
3. Creothek is only offering the trading platform as a host, and is not offering any services and products. Contract partners of the contract that have been agreed on the website are only valid for users of Creothek.
Creothek doesn’t agree to further commitments, the fulfillment of contracts that have been agreed to on the trading platform are only validated between users.
Something different is only valid if Creothek occurs as a salesman on his own Creothek shop. In this case the existing, special terms of agreement are valid.
§ 2 Rights of Creothek
1. Creothek has the right to check the items and objects on the platform by its accuracy and legality, but is not obliged to do so.
2.Creothek is entitled to validate the user deposited contact information and upon deviations, exclude the according user from trading platform, regardless of the fact whether the validation has led to a result or not.
3. Creothek is entitled to limit the access, delete the users account, delete items from the user’s marketplace and temporary restrict the user’s access to his account once violations of the terms of agreement, the statutory regulations have been detected.
4. Creothek is entitled to freeze the marketplace for maintenance work. The same applies for reaching capacity limits and other technical issues. The user has no entitlement for compensation, if the aforementioned reasons prevent a transaction.
5. Creothek is not committed to validate the contact information entered by the user. Users cannot derive claims for damage towards Creothek, for the case that the contact information was not accurate.
6. Creothek has the right to remove offers and content made by foreign users, as soon as Creothek has come to the conclusion that their content was violating the terms of agreement, the statuary regulations and good behavior.
§ 3 Rights of the user
S As long as you are a consumer in the sense of the German Civil Code, you can revoke the consent of the terms of agreement and therefore to the usage agreement.
The User has 30 days of time for the right of recess which has to be done in writing. To keep up with the deadline it is sufficient if the recess is send in time.
You can withdraw your consent by writing to the following address:
Mülheimer Str. 7A
If the recess is done in time, you are neither bound to the user agreement nor to your declaration of consent to the terms of agreement. However, you are not entitled to withdraw your consent once you have used the marketplace that means either placed a product into your shop or used an offer as such to close a deal.
§ 4 Duties and liability of the user
1. Creothek offers his customers the highest quality and security and thus obliges the shop assistants expressly for proper delivery and customer service.
2. Shop assistants are responsible for their own content.
3. Shop assistants are obliged to show their Terms and Conditions and cancellation rights in their account.
Consumers have the following cancellation right:
They have the right to revoke this contract within fourteen days without giving reasons.
The cancellation term amounts 14 days from the day of the contract end.
To use her cancellation right, you must inform us by means of an unequivocal explanation by e-mail in Creothek about your decision to revoke this contract.
For the protection of the cancellation term it is sufficient that you send the cancellation right before the cancellation term. If you revoke this contract, we have to grant you all payments which we have received from you, including the delivery expenses (with the exception of the additional costs which arise from the fact that you have chosen another kind of the delivery than which offered by us, most favorable standard delivery) to pay back immediately and at the latest within fourteen days from the day in which the communication about her cancellation of this contract has come with us. For this repayment we use the same currency which you have used with the original transaction, unless, something else was agreed with you expressly; in no case remunerations are calculated to you because of this repayment. If you have required that the service should begin during the cancellation term, you have to pay to us an adequate amount which corresponds to the portion up to the time at which you inform us of the exercise of the cancellation right concerning this contract already to rendered services in comparison to the whole extent of the services intended in the contract.
The cancellation right goes out with a contract to the performance of services if the enterpriser has produced the service completely and has only begun with the implementation of the service, after the consumer has given in addition his explicit approval and has confirmed at the same time his knowledge of the fact that he loses his cancellation right with entire contract fulfilment by the enterpriser.
4. Shop assistants are obliged to depict their products realistically in their pictures and videos.
5. Shop assistants them one registered brand sell they put to the Creothek her License or contract in in addition are entitled. Without this authorization no shop is released.
6. To buyers are responsible for your orders itself. They must be informed themselves before her purchase on duty regulations and customs of her country enough. Neither Creothek nor the shop assistant are responsible for it.
7. Some products are excluded from the sales in Creothek and are removed from the administrator. These products are: All animal furs, ivory, nature and products that harm the environment, pornographic representations so soon from the artistic act evasively, religions and people insulting products, products with extremist contents
8. Sales of the pirated copy, License and copyright injuries will lead to the announcement.
§ 5 Access Requirements
1. Vor Nutzung der Handelsplattform der Creothek hat der jeweilige Nutzer sich als Verkäufer anzumelden. Verkäufer müssen darüber hinaus eine Nutzungsvereinbarung mit der Creothek unterzeichnen und die festgesetzten Verkaufsprovision an Creothek bezahlen.
1. Before using the trading platform Creothek, the user has to register as a salesman.
Salesman have to sign an agreement with Creothek considering the fixed fees that are to be payed to Creothek,
2. The right to use the trading platform is openly available to every natural and juristic person. Natural persons have to be of age. Besides entering their address information, juristic persons have to name a natural person who is authorized to act.
3. The data that is required to complete the registration process, is to be given correctly.
If the account information that the user entered has changed over the time during the active time of the terms of agreement, the user is obliged to correct it accordingly on his account.
§ 6 Sale contract
1. For the case of the contract end between buyer and shop assistant on the on-line marketplace, Creothek basically does not become a party to a contract. Something else is valid only if Creothek expressly appears about his own Creothek shop as a shop assistant. In this case the Terms and Conditions are valid as well as the cancellation instructions.
2. With the products available on the marketplace it concerns obliging offers to the contract end on the part of the respective shop assistant. The contract end comes about, as soon as a buyer the single steps of the order process run through has and these afterwards by means of activity of the badge: „Liable to payment order “concludes
3. Creothek is not involved at the contract end between members and delivers no assents or guarantees concerning the state of the goods offered by members and products. The suppliers of articles and products are responsible even for the description of her offers and are obliged.
4. In sure payment mead ode of shop assistants it is only paid when the product has come with the buyer in flawless state. If the product does not shut to the buyer, the money is refunded. In this case commissions do not stand
§ 7 Purchase Price
The Purchase Price is determined by the seller.
Fees, provisions and display prices as well as the advertisement on Creothek are determined and set by Creothek.
Prices are directly accounted by the online banking system and subtracted by the fees and commissions of Creothek, paid to the according salesman, where Creothek acts as the securing instance fiduciary, or else when Creothek acts as the salesman himself.
§ 8 Commission, fees, advertisement and announcements
Registering and using your account is completely for free. Additional and more advanced functions for sellers are available for purchase.
Uploading your first 5 products is entirely for free. Adding more products will cost a small fee of 1, 20 Euro for each new product.
Products can be purchased from all around the world. Seller can decide if he wants to pay for the delivery himself. However, the seller must inform the customer about the delivery cost for each region, if he decides to make the customer pay for it.
Extra costs in the form of exchange or banking fees will be paid by the seller.
Sales commissions depend on different product types and are different for geographic locations. This will be communicated to the seller.
Billing for all transactions will be settled at the end of each month.
All sales commissions and other fees and expenses will be deducted from the total sales.
Sellers receive the bill for all their paid fees and commissions.
The total revenue will be transferred to the specified bank account.
§ 9 Cancellation
The contract of utilization runs indefinitely and can be discontinued by both sides without giving reasons with a term of seven days. Existing transactions will still be carried out.
§ 10 Change of the terms of agreement
Creothek has the right to change the terms of agreement within a month before its implementation. The changed terms of agreement will be send to the user via email 4 weeks before it is valid. The terms of agreement are accepted if a user doesn’t file an objection
§ 11 Severability clause
Should individual terms of this Agreement be ineffective or lose their effectiveness due to later circumstances or should a loophole emerge in this Agreement, the legal effectiveness of the other provisions is not affected. The invalid contractual provision shall be replaced or the loophole filled by an appropriate provision which comes as close as possible to what the parties to the Agreement would have wanted, had they considered the point.