TERMS & CONDITIONS
Picanova GmbH, Hohenzollernring 25, 50672 Köln/Cologne, Germany (hereinafter referred to as "Creame" or „Website”) enables Creators and Artists (“Seller” or “Sellers”) to earn money by providing their artwork for sale as a variety of the offered products at the website, without giving up their property rights. Paying attention to the importance of representing the artwork respectfully, we require all Users of Creame also to respect the copyright and further intellectual property rights of others in terms of all the artworks presented on Creame. By posting your work on Creame, you accept that your product will be available publicly for viewing or buying. In association with uploading and offering your artwork for sale through Creame you are responsible for upholding your legal responsibilities as well as not to infringe others rights or break any laws. Creames range of services enables you to publish, sell, promote, and purchase artwork and art-related products (collectively, "Products" or “Product”) through Creame.com and to receive the benefits of Creames production including payment, transaction handling, product manufacturing, order fulfillment, packaging and customer support.
Please read these terms and conditions (the “Terms”) carefully. Before you may post or use content or sell Products through Creame, the legal Terms between you and Creame have to be agreed by you. Creating an account on Creame or using any Creame services leads to your acceptance of these terms and conditions and all other rules, policies and procedures relating to the Creame services. If you do not agree to these Terms, you may not use Creame.
The contractors under the following Terms are Creame and you as a person (“You” as a natural person or as a representative of the legal entity), who provides/uploads or transmits the content described in Paragraph 3 on Creame, a buyer/customer (hereinafter referred to as „Customer”) or any visitor of the Website (all together hereinafter referred to as “Users” or each individually as “User”).
3. Content and Intellectual Property
All information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed or offered for sale (hereinafter referred to as "Content") through Creame, whether publicly posted/uploaded or privately transmitted, are protected by copyright and other intellectual property rights.
Seller warrants that he/she owns all intellectual property rights for his/her Content or that he/she has obtained all copyrights, trademark rights, rights of publicity and other rights required to make the Content available through the Website to manufacture, distribute and sell Products that include the Content and to grant Creame the rights described in these Terms. Sellers Content shall not be false, inaccurate, misleading, incomplete, defamatory or libelous obscene, propaganda, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of any ones rights, including their privacy or publicity rights, abusive or otherwise objectionable. Creame will report an offence to the appropriate authorities if contents of files sent by the Seller violate the penal law.
Creame is allowed but not obliged to examine the content that is uploaded to the Website as far as their rightfulness is concerned. Creame has the right to delete Content without prior notice not limited by the case that Content violates applicable laws. Creame does not have any responsibility or liability for the deletion of, or any failure to store or deliver any Content.
No-one may copy, distribute, show publicly or create any derivative work from Creame, or any of the material which is found on the Website unless properly licensed to do so by Creame. User is not allowed to use Creame (or to copy or use any material found on Website) for any commercial purpose other than to conduct the purchase of a Product from Creame. User is not allowed to remove any copyright, trademark or other intellectual property notices contained in Content from Creame. No-one may use any robot, spider, scraper or other automated means to access Creame for any purpose without our prior permission.
4. Registration of membership
Registration on Creame is free of charge. By registering User becomes a member. In order to make Content or Products available through the Creame services, whether for sale or not, creating a User account is necessary. Accurate, complete and updated registration information must be provided while creating a User account. Vulgar or offensive user names must not be used. User is solely responsible for all the activity occurring through his/her account. User must ensure that the email address Creame holds is kept up-to-date and that User has full access to it. User must not register as a member if he/she is under 18 years of age.
5. Termination of membership
Users may cancel their membership of Creame with immediate effect free of charge at any time. A cancellation may take the form of an e-mail sent to Users services. Further, Creame is entitled to lapse the membership if User has not logged in as a member for at least two years.
If the breach of Terms is detected, Creame may cancel any User’s membership duly at any time, subject to a notice period of 14 days.
If once User’s membership is terminated because of breaching these Terms, Creame may prohibit the User establishing another membership. When a membership is lapsed or terminated, Creame is entitled to delete all Content.
By using or accessing Creame, User gives his/her consent to the content of Terms. If User does not want his/her personal data to be handled this way, he/she must not use Creame. Users shall not use the Website in connection with sending any unsolicited messages, or with collecting information about Users, including email addresses, without their express consent. User is not allowed to use any information that is accessible through the Website regarding other Users except as it is expressly permitted by these Terms.
All prices listed in Creame are retail prices inclusive of the value added tax, which is valid in each case without costs of packaging and dispatch. Costs for packaging and dispatch (forwarding expenses) are charged according to our installation separately. All listed prices, also for packaging and dispatch, count only at the time of the order. With updates on the Website all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive in each case.
8. Payment Terms
The Customer can choose Credit card payment or PayPal at the time of order as payment method. Costs that are incurred due to insufficient funds or incorrect bank data, especially the costs of return debits and other miscellaneous are to be reimbursed by the Customer.
If the Customer is in arrears with payment, Creame has the right to demand arrears charges of 5% above the announced base interest rate per year by the European Central Bank and miscellaneous bank processing fees. In the event a proven higher arrear damage caused by delay has occurred, Creame has the right, to assert claim according to the damage done. The Customer bears the costs of payment, particularly transferred from abroad. The ordered Products remain the property of Creame until payment is completed. Without the explicit consent of Creame no resale, leasing, pledging, transfer of title for security purposes, conversion, other disposition or transformation is permissible before the conveyance of title is completed.
9. Royalty and Payment Terms
Sellers that submitted Content to Creame are granted 50% royalty on gross product value with each purchase when no further discounts are applied by Creame.
Royalty payment is made to the bank account specified by the Seller during the membership registration process on a monthly settlement. All taxes related to the royalty payment (if applicable) shall be paid by the Seller and are not of liability by Creame.
10. Terms of Delivery
The delivery is done by sending the purchased items to the Customers address provided. After the payment by the Customer the order will be prepared for shipment. Delivery time will be 2-4 working days for local supplies. Delivery time for international deliveries will be stated during the process of Product order. If a Product ordered by the Customer is found to be unavailable, Creame will notify the Customer immediately about the unavailability and the order will be cancelled while refunding the payment at the same time. Creame is entitled to make partial deliveries. Delayed deliveries of Creame do not entitle the Customer to compensation claims, unless Creame is of negligence or intent to load. Further claims remain reserved for the Customer. Relating to delays in delivery due to facts Creame is not responsible for (force majeure, fault of others, etc.), the deadline will be extended and the Customer will be informed immediately. If the Customer is not encountered at home upon the delivery of the package and the packet is not picked up from the post office within 7 days by the Customer or if the Customer refuses the acceptance of the package, Creame has the right to cancel the order and the transaction. All information about shipping costs can be found at the shipping information.
11. Warranty and Return Policy
The defect liability terms in accordance with the law apply. The Customer is not entitled to transfer a claim. If there are no other results, further titles of the Customer - for whatever reasons - are excluded. Creame holds no responsibility for faults that arise on Products to be delivered; especially Creame takes no responsibility for lost profit or other financial loss of the Customer. As far as the contractual liability of Creame is excluded or restricted, this applies to personal liability of jobholders, substitutes and auxiliary personnel. Apparent faults have to be reported in written form immediately. However, this should be implemented within 2 weeks from the delivery. The reports implemented after the fortnight period will be discarded. Inadequacy of quality will not be an issue as long as the delivered quality is corresponding to technical standards of digital photo development and editing. Since the technical variations in colours of image and original cannot be avoided, it will not be considered a fault related to the quality.
Product will not be declared a fault when the original itself lacks quality, e.g. resolution of original image. A specific characteristic of deliverables is not agreed. Limitation of liability will not be valid if it has been an intentional effort, caused by careless treatment. Warranty does not apply if the Customer is found to be with fallacies and claims regulated by law. Typically, if Creame violates an essential contractual obligation, liability to pay damages is restricted to the incidental damage. If the supplementary performance has been carried by means of additional supply, the Customer is obliged to return the original items within 30 days on Creames account. Return consignment of faulty goods has to be fulfilled according to statutory provisions. Creame reserves the right for claiming compensation according to legal matters. Limitation period is 24 months per delivery.
12. Granting of License
Seller holds the right to determine on what product categories his/her Content shall be used.
By uploading Content, Seller grants a License to Creame to sell, distribute, reproduce, advertise and promote all Content through its Website and commercial partners and networks of Creame but strictly in accordance with the Customers limitation on what product categories the Content shall be used.
13. Governing Law
These Terms, each order and purchase of Products shall be governed by German law. User and Creame each submit to the non-exclusive jurisdiction of the German courts in relation to disputes arising in connection with these Terms, any order for or purchase of Products. The application of the CISG is excluded.
User must ensure that he/she complies with the laws that apply to him/her and his/her use of Creame, including the Content, the images that may be viewed and the Products that may be bought through Creame. That use may be prohibited or restricted in various jurisdictions.
Creame reserves the right to change these Terms from time to time and post the new version on the Website. If User does not wish to be governed by the new version of these Terms, User must cease to use the Creame services. For the avoidance of doubt, we will not have any liability to User in that event.
Creame reserves the right to assign these Terms and to assign or subcontract any or all of its rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees given to the User under these Terms. Without the written consent of Creame, User may not assign or dispose of these Terms or any of Users rights and obligations under it.
If any part of these Terms is held to be invalid or unenforceable, the remainder will remain valid and enforceable. Our failure to act with respect to a breach of these Terms by any User does not waive Creame right to act with respect to subsequent or similar breaches. The headings to the Paragraphs are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right to enforce any of these Terms.