Terms & Conditions
Article 1 Definitions
1.1 Crealev means in these General Terms and Conditions CREALEV INC (US)
1.2 ‘Customer’ means every visitor of the webshop, natural person or legal person, who places an order at Crealev INC.
Article 2 Application
2.1 These General Terms and Conditions apply to all orders placed at CREALEV INC.
2.2 By placing an order the customer accepts and understands the application of the General Terms and Conditions.
2.3 Only with an agreement in written, deviation is possible from the General Terms and Conditions, in which case the remaining articles of these General Terms and Conditions remain fully in force.
2.4 Crealev Originals maintains the right to modify or complete these General Terms and Conditions.
Article 3 Agreement
3.1 An agreement is established from the moment an order confirmation is sent to the e-mail address given by the customer. The customer and Crealev agree that through the use of electronic communication forms a valid agreement comes into existence as soon as this order confirmation has been sent to the customer. The electronic files of Crealev apply, as far as the law allows, herewith as a supposition of evidence.
Article 4 Personal Data
4.1 Crealev is holder of registrations according to the ‘Wet Bescherming Persoonsgegevens’ (Personal Data Protection Act). These personal data will be stored in the Crealev system.
4.2 The data given by the customer, will be treated with confidence and are only used for the following purposes:
– Processing the order, payment and delivery to the correct delivery address
– Stimulate the user friendliness of the web shop
– To provide information about sales, special offers and a newsletter (if selected by customer)
Article 5 Offer
5.1 Information (on the website, by e-mail, verbal, by telephone), photos or images given by Crealev about the products are as accurate as possible. Crealev can’t guarantee all products fully resemble with the information given. Deviations are initially no motive for compensation and/or ending the agreement.
If the product fully deviates from the description given on the website, Crealev will take suitable actions to concede the customer.
5.2 Crealev can’t be kept to its offer if the customer, in terms of reasonableness of social understanding, could have understood that the offer contains an obvious mistake or miswriting.
Article 6 Prices and Payments
6.1 All prices mentioned by Crealev are excluding VAT / Sales Tax unless specifically stated otherwise. All prices are excluding costs of shipping
6.2 Crealev maintains the right to change the prices, especially when (legally) required.
6.3 Special offers are only valid for the period mentioned on the website in relation to that special offer.
6.4 Orders placed at the webshop can be paid in the following ways:
- Domestic ACH (For US Accounts only)
- Wire Transfer (For Non-US customers)
- Paypal
- Credit card
Instructions to Customer for Bank Payment via ACH / wire transfer: The customer should make the transfer and mention the order number in the transfer details or send an email to crealev@crealev.com with the transaction reference and order details. The order / agreement is valid for 7 days and will automatically end after expiration of this period.
Article 7 Shipping Costs
7.1 Prices mentioned on our site and web shop are ex-works. Meaning they are without VAT or Sales Tax and without Shipping unless specifically stated otherwise. Clients are welcome to utilize their own shipping channels. If preferred, Crealev can handle shipping for orders as well.
7.2 Costs are quoted per individual order. Because of the varying sizes, Crealev is not and cannot be held responsible for any extra costs (i.e. customs, state tax) if the order is sent outside the Netherlands.
Article 8 Delivery
8.1 For International buyers, orders are shipped and delivered with DHL,UPS, TNT , FeDEX or International express post. Orders for Dutch clients are shipped through registered domestic courier companies and /or express post only.
8.2 For deliveries in countries outside the Netherlands different delivery conditions are valid.
8.3 Crealev has the right to back-order ordered products. Extra costs of subsequent shipping are for Crealev.
8.5 Delivery takes place at the customers address, given in the order / agreement.
Article 9 Ownership
9.1 The ownership of the products passes on to the customer at the moment that the products are offered at the given address of the customer. Crealev cannot be held responsible for possible costs and damages that arise after the customer accepts the delivery or has any problems in accepting the delivery.
Article 10 Intellectual property right
10.1 The customer acknowledges that all rights of intellectual properties of presented information, images, announcements or other expressions related to the products, website (or promotion of it) lies with Crealev or other entitled persons.
10.2 Intellectual property includes patents, copyrights, trademarks and other (intellectual property) rights, including technical and commercial methods and concepts.
Article 11 Force Majeure
11.1 If one or both parties are not able to fulfil their obligation as a result of a circumstance for which one cannot be blamed, force majeure, none of the parties will be held liable.
11.2 Both parties have the possibility as long as the force majeure lasts to postpone the agreement. If this period takes longer than 2 months, both parties are entitled to end the agreement without any obligation for compensation to the other party.
Article 12 Compensation
12.1 Crealev can only be hold responsible for compensation, if it was on purpose or with blame, originated because of a circumstance on account of risks taken by Crealev.
Crealev can only be held responsible for damage, caused on purpose by Crealev, or caused by circumstances based on risks taken by Crealev.
Article 13 Governing law
13.1 US law applies exclusively to all the rights, obligations, offers, orders and agreements.
13.2 All disputes between both parties will only be settled by a competent US court and the jurisdiction will be San Francisco, California
Article 14 Repairs
14.1 If a Product under Warranty is found defective by the customer, customer shall immediately notify the Company of the same and check if the defect can be resolved at customer premises by the Company’s technical support. In the event the defect cannot be resolved at customer premises, customer shall ship defective products freight prepaid to the Company Service center in Eindhoven Netherlands. Company shall ship repaired products freight collect to the customer. If the customer has a pending delivery, the repaired products shall be shipped together with the customer’s order. Otherwise, it will be shipped separately. Company warrants the replacement or repaired parts, to be free from defects in material or workmanship for sixty (60) days or, for the remainder of the limited warranty period of the product they are replacing or in which they are installed, whichever is longer.
Article 15 Warranty and service
15.1 If you require service or information or if you have a problem, please write to us at support@crealev.com
All our systems have 1-year international warranty against manufacturing defects.
Limited Product Warranty, Limitation & Repair
• Limited Product Warranty. This Limited Product Warranty applies ONLY to Company-branded products, which include to the hardware components, software if any and required firmware provided by the Company.
• This Limited Warranty DOES NOT include any non-Company software applications or programs, non-Company products or hardware, or non-Company branded peripherals.
• Company is NOT responsible for any interoperability or compatibility issues that may arise.
• The Company warrants its Products to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year for the original invoice date. The Product Warranty is considered null and void if:
• Any non-authorized modifications have been made to the Product, or if it has been subjected to misuse, neglect, or accident.
• If the Product has been installed improperly and instructions have not been followed.
• Warranty Limitation. COMPANY’S LIMITED WARRANTIES IN THE AGREEMENT ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTIES ARE EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF.
For any other service, questions or information, please contact Crealev: crealev@crealev.com.