Public offer

Basic concepts

Website Visitor means a person who has come to https://crealandia.com without the purpose of placing Orders.

User means an individual, a visitor of the Website, who accepts the terms and conditions of this Agreement and wishes to place Orders in the https://crealandia.com marketplace.

Buyer – a User who has placed an Order with the https://crealandia.com

Marketplace – MunecArt  Y3764609Y (Spain).

Seller – other legal entity/individual or individual entrepreneur, whose product is placed in the marketplace https://dailydoll.shop.

Marketplace or online store – an Internet site located on the Internet at https://crealandia.com, where the Goods offered by the Sellers for purchase are presented, as well as the conditions of payment and delivery of the Goods to the Buyers.

Website – https://crealandia.com

Seller’s page – a page of the Website containing information on sale, delivery and return terms of Goods sold by the Sellers, as well as other information material for conclusion and execution of a sale and purchase agreement for Goods. The Seller’s page is accessible through the link on the page with the Goods description under the “Add to cart” button.

Goods – author dolls and related materials made by hand (handmade), presented for sale on the Site.

Order – the Buyer’s duly executed request to purchase and deliver the Goods, selected on the Site, to the address specified by the Buyer / by means of self-delivery.

1.  General Provisions.
1.1 These terms and conditions (“User Agreement”) implemented in the https://crealandia.com marketplace apply to the entire range of services offered on the Internet, by any means and methods, including (but not limited to): computers, cell phones, tablets and other communication devices. Crealandia.com provides access to the use of its system, databases and everything available based on this User Agreement.
1.2. The Seller sells the Goods through the marketplace https://crealandia.com or through mobile applications of Crealandia.com for iOS and Android operating systems.
By ordering the Goods through the marketplace, the User agrees with the conditions of sale of the Goods set forth below (hereinafter referred to as the Conditions of Sale of Goods), including with respect to the Goods sold by other legal entities/individuals and/or individual entrepreneurs, also with the conditions of sale and delivery of Goods posted on our pages and pages of the respective Sellers containing information on the conditions of sale and delivery of Goods by other legal entities/individual entrepreneurs. In case of disagreement with this User Agreement (hereinafter – the Agreement / Public Offer), the User shall immediately stop using the service and leave the Marketplace https://crealandia.com.
1.3. These Terms of sale, as well as information about Goods, presented on the Website, are a public offer in accordance with the current European legislation.
1.4 The Agreement can be changed by the Seller unilaterally without notifying the User/Buyer. The new edition of the Agreement comes into force after ten (10) calendar days from the moment of its publication on the Website, unless otherwise provided by the terms of this Agreement.
1.5 The public offer is considered to be accepted by the Website Visitor / Buyer from the moment of registration of the Visitor on the Website, ordering by the Buyer without authorization on the Website, through mobile applications for iOS and Android operating systems, as well as from the moment of acceptance of the Buyer’s Order by e-mail [email protected]
The retail purchase agreement shall be deemed to have been concluded from the moment the Seller issues the Buyer a cash or sales receipt or any other document confirming payment for the goods.
By informing the Seller of his e-mail and phone number, the Website Visitor/User/Buyer gives his consent for the usage of mentioned means of communication by the Seller and the third persons involved for the fulfillment of obligations to the Website Visitors/Users/Buyers, for advertising and informational mailings, containing information about discounts, upcoming and current promotions and other actions of the Seller, about the delivery of order, as well as other information, directly related to the performance of obligation.
1.6. By carrying out the Order, the User/Buyer agrees that the Seller may entrust the execution of the Agreement to a third party, while remaining responsible for its execution.
1.7. All rights and obligations under the Agreement concluded with the User arise directly from the Seller, while the Buyer, by accepting this Agreement, fully understands and agrees that in case of concluding an agreement with a Seller other than Crealandia.com, Crealandia.com is not a party to the said agreement and does not bear obligations related to its execution, except as provided in this Public offer.
1.8 Within the framework of the Order, Crealandia.com provides the User with information support for the Contract concluded between the User and the Seller.

2. Subject of the Agreement
2.1 The subject of this Agreement is to enable the User to purchase for personal, family, household and other needs not related to entrepreneurial activities, the Goods presented in the catalog of the Marketplace https://crealandia.com.
2.2 This Agreement applies to all kinds of Goods and services presented on the Site, as long as such offers with descriptions are present in the catalog of the online store.

3. Registration on the Site
3.1 Registration on the Site is carried out with the help of the window “Registration”.
3.2 Registration on the Site is mandatory for placing the Order.
3.3. Crealandia.com is not responsible for the accuracy and correctness of the information provided by the User during registration.
3.4 The User undertakes not to disclose to third parties the login and password specified by the User during registration. If the User has any concerns about the security of their username and password or the possibility of their unauthorized use by third parties, the User agrees to notify immediately about it by sending an appropriate email to: [email protected]
3.5 Communication of the User/Buyer with Call Center operators/managers and other representatives of Crealandia.com and other Sellers must be based on the principles of generally accepted morality and communication etiquette. It is strictly forbidden to use foul language, swearing, insulting expressions, as well as threats and blackmail, regardless of the form and to whom they were addressed.

4. Merchandise and the order of purchase
4.1 The Seller ensures availability of the Goods presented on the Site in his warehouse. The photographs accompanying the Goods are mere illustrations of the Goods and may differ from the actual appearance of the Goods. The descriptions/characteristics accompanying the Commodities do not claim to be exhaustive and may contain typographical errors. To clarify the information on the Goods, the Buyer should contact the Customer Support Service. The information presented on the Website is updated every 2 hours.
4.2 In case the Goods ordered by the Buyer are not available in the Seller’s warehouse, the Seller has the right to exclude the specified Goods from the Order / to cancel the Buyer’s Order, notifying the Buyer by sending a corresponding email to the address indicated by the Buyer during registration (or by calling the Crealandia.com Call Center operator).
4.3 In case of cancellation of a fully or partially prepaid Order, the cost of the cancelled Goods shall be returned by the Seller to the Buyer using the method by which the Goods were paid for.
4.4 The Buyer’s Order shall be executed in accordance with the procedures specified on the Website in the section “Order Registration”.
4.5 The Buyer shall be fully responsible for providing incorrect information, which made it impossible for the Seller to properly perform its obligations to the Buyer.
4.6 After placing the Order on the Site, the Buyer shall be informed about the expected date of delivery by sending an email to the address specified by the Buyer during registration, or by phone. This information is provided by the Seller.

5. Order Delivery
5.1 Methods as well as approximate terms of delivery of the Goods are specified in each Seller’s store; specific delivery terms may differ from those stated.
5.2 The information on the delivery territories of the Commodities sold by other Sellers is presented on the Sellers’ respective pages on the Site.
5.3 Delays in delivery are possible due to unforeseen circumstances beyond the fault of the Seller.
5.4 Upon delivery, the Order shall be delivered to the Buyer or a third party specified in the Order as the recipient (hereinafter the Buyer and the third party are referred to as the “Recipient”). If it is impossible to get the Order, paid by cash, by the persons mentioned above, the Order can be delivered to the person, who can provide the information about the Order (number of shipment and/or full name of the Recipient), as well as to pay the cost of the Order in full to the person, who carries out the delivery of the Order. The Sellers have the right to independently determine the circle of persons to whom the ordered Goods can be handed over.
5.5 In order to avoid cases of fraud, as well as for fulfillment of obligations, specified in paragraph 5 of this Agreement, the person delivering the Order has a right to request the Recipient’s identification document, as well as to indicate the type and number of document, provided by the Recipient, on the Order receipt, when delivering the prepaid Order. The Seller guarantees confidentiality and protection of Payee’s personal information (clause 9.3).
5.6 The risk of accidental loss or accidental damage to the Goods is transferred to the Buyer from the moment the Order is handed over and the Recipient signs the documents confirming the delivery of the Order. In case of non-delivery of the Order, the Seller shall compensate to the Buyer the cost of the Order prepaid by the Buyer and the delivery in full after receiving the confirmation of the loss of the Order from the Delivery Service.
5.7. The delivery cost of each Order is calculated individually, based on the information about the Seller of the ordered Goods, the weight of the Goods, the region and method of delivery, as well as (if necessary) the form of payment, and is indicated on the Website at the last stage of the Order placement.
5.8 The Seller’s obligation to deliver the Goods to the Buyer shall be considered fulfilled at the moment when the courier delivers the Goods to the Recipient or the Recipient receives the Goods at the post office or at the pre-agreed place of Order delivery (including self-delivery points).
When the Order is received at a post office, after payment for the delivered Goods, the Payee shall inspect the delivered Goods and open them in the presence of postal employees in order to check the Goods for compliance with the declared quantity, range and completeness of Goods, as well as check the service life of the delivered Goods and the integrity of packaging. In case of any claims to the delivered Goods (insufficient quantity, enclosure of Goods different from those specified in the description of shipment, manufacturing defects, other claims) the Postal employees shall draw up a Statement of Identified Nonconformities by the Recipient’s instructions. If the Recipient has not filed any claims in the above-mentioned order, the Seller shall be deemed to have fully and properly fulfilled his obligation to transfer the Goods.
In case of return of the delivered Goods by means of the Post in connection with existence of claims to the Goods, the Recipient shall attach the following documents to the Consignment containing the Goods to be returned:
application for refund;
a copy of the statement of identified nonconformities;
a copy of the payment receipt;
a copy of the inventory list of the Shipment;
the return form.
5.9 When accepting the Order from the courier, the Payee shall inspect the delivered Goods and check them for compliance with the claimed quantity, assortment and completeness of the Goods, as well as check the service life of the delivered Goods and the integrity of the package. In case the Recipient has no claims for the delivered Goods, he/she should sign the “Order delivery form” or any other similar document given by the courier, and pay for the Order (if the payment is not 100% in advance). The signature on the delivery documents certifies that the Recipient has no claims to the Goods and that the Seller has fully and properly fulfilled his obligation to transfer the Goods.
5.10. The time of location of the couriers delivering the Goods may vary both upwards and downwards, depending on the delivery conditions of the Goods of the relevant Seller.
5.11. The Buyer accepts and agrees that the date, time and route of delivery of the Goods sold by sellers other than Crealandia.com are in the exclusive competence of the sellers and in some cases this information may not be communicated to the Buyer;
5.12. The User understands and agrees that: delivery is a separate service, which is not an integral part of the Goods purchased by the Buyer and its performance ends at the moment when the Recipient receives the Goods and makes payment for them. Some of the Sellers selling their Commodities in the e-shop may charge a separate fee for the delivery service of the Commodities (conditions and cost of delivery in case of charging a separate fee are posted on the respective Sellers’ Pages). Claims regarding the quality of the purchased Goods, arising after receipt and payment for the Goods, are considered in accordance with the European legislation and the warranty obligations of the relevant Seller. In this regard, the purchase of the Goods with delivery does not entitle the Buyer to claim delivery of the purchased Goods for warranty service or replacement, does not enable warranty service or replacement of the Goods through a visit to the Buyer and does not imply the possibility to refund the delivery cost of the Goods in cases where the Buyer is entitled to a refund for the Goods as such.

6. Payment for goods
6.1 The price of goods sold in the online store is specified in the European currency EURO and includes value added tax, if the relevant Seller applies the appropriate system of taxation.
6.2 The price of Goods is indicated on the Website. In case the price of Goods ordered by the Buyer is incorrect, the Seller informs the Buyer to confirm the Order at the corrected price or to cancel the Order. If it is impossible to contact the Buyer, this Order is considered to be cancelled. If the Order has been paid for, the Seller shall return the amount paid for the Order to the Buyer in the same way it was paid for.
6.3 The price of Goods on the Website may be changed by the Seller unilaterally. In this case the price of the Goods ordered by the Buyer shall not be subject to change. The Goods’ price may be differentiated by regions.
6.4 Features of payment for Goods by bank cards:
6.4.1 Bank card transactions shall be made by the cardholder or his authorized person.
6.4.2 Authorization of bank card transactions is carried out by the bank. If the bank has reasons to believe that the operation is of fraudulent nature, the bank has the right to refuse to carry out this operation.
6.4.3 In order to avoid various types of misuse of bank cards when paying, all the Orders placed on the Website and prepaid by bank card shall be verified by the Seller. In order to verify the cardholder’s identity and his/her eligibility to use the card, the Seller shall be entitled to require the Buyer who placed such order to produce his/her identification document.
6.5 Sellers shall be entitled to provide discounts on Goods and establish a bonus program. Types of discounts, bonuses, procedure and conditions of their accrual are determined by the Sellers independently and indicated on the Website (discounts, bonuses, procedure and conditions of their accrual with respect to the Goods of the Sellers other than Crealandia.com are placed on the respective Sellers’ Pages) and may be changed by the Seller unilaterally. The discount set by the relevant Seller cannot be applied to the Goods sold by a different Seller, unless otherwise indicated for the relevant Goods on the Site.
It is possible when applying a discount / bonus, when the recalculated cost of Goods includes eurocents (eurocent), such cost of Goods is subject to rounding downwards to the value multiple of 1 (One) EURO.
6.6 In the case of marketing activities that involve the attachment of any objects in shipments with the Buyer’s Order, the delivery of these attachments shall be made at the Buyer’s expense. In order to refuse the attachment, the Buyer should contact the Customer Service.
6.7 The Seller shall keep statistics of the orders redeemed by the Buyer. The Seller has the right to unilaterally determine the payment methods available to the relevant Buyer based on the statistics of actions performed by the Buyer in the relationship with the Seller.
6.8 An order shall be deemed incomplete if the Buyer has informed about the change in the purchase decision before the start of the order assembly in the warehouse. If the Buyer informs the Seller about it after the moment of the beginning of assembling the order in the warehouse, such Order shall be considered rejected. DailyDoll shall have the right to decide to block the Buyer’s “Upon Receipt” service with respect to the sold Goods first, if, in accordance with the specified statistics, the volume of rejected goods by the Buyer is more than 80 percent of the total volume of delivered goods within 4 or more consecutive orders placed earlier. Secondly, if the share of incomplete orders is more than 60 percent of the total number of orders placed and the number of incomplete orders is at least 5. Subsequently, the Buyer will be able to use the service “upon receipt” again only after the redemption of one to three orders totaling 100 EURO within three months.
6.9 The Seller has the right to limit the payment methods available to the Buyer depending on the volume of previous orders. The method of payment “on receipt” for products is not available to customers who have placed more than 10 orders or 100 products within 10 days, or confirmed more than 5 orders or 50 products within 2 days. Other Sellers have the right to limit the payment methods available to the Buyer at their own discretion.

7. Return of Goods and Money
7.1 The rules for returning Goods may be set by each relevant Seller independently and are published on the relevant Seller’s Page. Crealandia.com is not obliged to return the Goods sold by other Sellers.
7.2 Return of Goods of proper quality
7.2.1 The Buyer does not have the right to refuse the ordered Goods.
7.2.2 If at the moment of Buyer’s request the Seller is not selling similar goods, the Buyer may refuse to execute this Agreement and demand refund of amount paid for such Goods. The Seller is obliged to return the monetary amount paid for the returned Goods within 10 days from the date of return of the Goods.
7.3 Return of Goods of improper quality:
7.3.1 The goods of inadequate quality mean goods which are defective and cannot ensure performance of their functional qualities. The received Goods must correspond to the description on the Site. Difference in design elements or design from the description on the Website is not an indication of inadequate quality.
7.3.2 The appearance and completeness of the Goods, as well as completeness of the entire Order shall be checked by the Recipient at the moment of delivery of the Goods.
7.3.3 Upon delivery of the Goods the Buyer shall put his signature on the delivery receipt in the column: “Order accepted, completeness complete, I have no claims to the quantity and appearance of Goods”, or in any other similar document issued by the Seller, in the column that provides marking by the Buyer of absence of claims to completeness, quantity and quality of Goods. After receipt of the Order, no complaints about external defects of the Goods, their quantity, completeness and marketable appearance shall be accepted.
7.3.4 If the Buyer receives the Goods of improper quality and this has not been previously agreed by the Seller, the Buyer has the right to make a full return of the Goods.
7.3.5 Claims for a refund of money paid for the goods shall be met within 10 days from the date of submission of the relevant claim.
7.4 The refund is made by returning the value of the paid Goods to a bank card or by postal transfer. The method must be specified in the corresponding field of the application for return of Goods, or in other similar document issued by the Seller. Methods of refund of money paid for the Goods of improper quality sold by the Sellers are determined by such Sellers independently and are specified on the relevant Sellers’ Pages.

8. Liability
8.1 The Seller shall not be liable for damages caused to the Buyer due to improper use of the Goods purchased in the online store.
8.2 The Seller is not responsible for the content and functioning of external websites.
8.3. Crealandia.com is not responsible for the quality of the Goods sold by other Sellers, as well as for their performance of their obligations to transfer the Goods to the Buyer, in terms of their completeness and quantity corresponding to the Order placed by the Buyer. The Buyer hereby agrees that any complaints regarding the quality, quantity and completeness of the Goods, as well as the delivery time of the Goods shall be sent to the Seller whose Goods were ordered in the online store. DaiyDoll.Shop shall assist Buyers in resolving their complaints against the Sellers, by providing all the information available to DaiyDoll.Shop regarding the operating procedures, conditions of sale and return of Goods, the location of the respective Sellers, as well as any other information material for the resolution of such complaints, which is at the disposal of DaiyDoll.Shop and which is not confidential by law or contract.

9. Confidentiality and data protection
Personal information of the User/Buyer shall be treated in accordance with the European and Spanish laws on the protection of personal data. In accordance with the provisions of Law 15/1999 of December 19, Protection of Personal Data, all personal information provided during the use of the Marketplace (online store https://crealandia.com), will be treated in accordance with the Privacy Policy, which each user is required to accept during registration and use of the system.
9.2 When registering on the Site, User provides the following information: Last Name, First Name, Middle Name, contact phone number, email address, date of birth, gender, and product delivery address.
By providing their personal information to the Seller, the Website Visitor/User/Buyer agrees to their processing by the Seller, including for the purposes of performance of obligations to the Website Visitor/User/Buyer by the Seller under this Public offer, promotion of goods and services by the Seller, conducting electronic and SMS polls, monitoring the results of marketing campaigns, customer support, organization of delivery of goods to Buyers, conducting prize drawings among Website Visitors/Users/Buyers, control of satisfaction of the Buyer’s needs, and other purposes.
9.4 Processing of personal data means any action (operation) or set of actions (operations), performed with or without the use of automation with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (including transfer to third parties, not excluding cross-border transfer, if the need for it arose in the performance of obligations), depersonalization, blocking, deletion, destruction of personal data (including transborder transfer to third parties), and also transfer of personal data (including cross-border transfer if the need arose in the performance of obligations).
9.4.1 The Seller has the right to send informative, including advertising messages, to e-mail and cell phone of the User/Buyer with his consent, expressed by performing actions that uniquely identify this subscriber and allow to reliably establish his expression of will to receive the message. The User/Buyer has the right to refuse to receive advertising and other information without giving reasons for their refusal by informing DaiyDoll.Shop about their refusal by sending an appropriate application to the Seller’s email address: [email protected] Service messages informing the User/Buyer about the order and the stages of its processing are sent automatically and cannot be rejected by the User/Buyer.
9.4.2 The withdrawal of consent to the processing of personal data is carried out by withdrawing the acceptance of this Public offer.
9.5 The Seller shall be entitled to use “cookicom” technology. “Cookicom” does not contain confidential information. Visitor / User / Buyer hereby consent to the collection, analysis and use of cookicom, including by third parties for the purposes of statistical formation and optimization of advertising messages.
9.6 The Seller receives information about the ip-address of the DaiyDoll.Shop website visitor. This information is not used to identify the visitor.
9.7 The Seller is not responsible for the information provided by the User/Buyer on the Website in a publicly available form.
9.8 The Seller is entitled to record phone conversations with the User/Buyer. At the same time, the Seller undertakes: to prevent attempts of unauthorized access to the information received during telephone conversations and/or transferring it to third parties not directly related to the execution of Orders.

10. Validity of the Public Offer
10.1 This Public offer shall be effective from the date of its acceptance by the Website Visitor/Buyer, and is valid until the withdrawal of the acceptance of the Public offer.

11. Feedback and Rating System
11.1 The Seller gives users of the online store Crealandia.com the right to leave their feedback or comments in a specially designated area of the online store, which can be an assessment of the quality of the online store Crealandia.com or the quality of purchased goods. The reviews and comments are posted on our website solely for the purpose of providing other users with an expression of opinion about the characteristics of the purchased product or the reliability of Crealandia.com online store.
11.2 All reviews and comments are subject to compulsory moderation in order to determine their compliance with the legislation in force and identify the possible unreliability of the specified data. Crealandia.com reserves the right, at its sole discretion, to reject, delete or modify in any way the reviews and comments left.
11.3 Users or Buyers undertake to comply with moral, legal and ethical standards when compiling reviews. The Review may not contain obscene, vulgar, racist expressions, and may not contain any contact information – means of communication, phone numbers, email, addresses, or other information that may violate the rights of third parties and the right to privacy; in addition, no information containing advertising materials or links to other Internet resources may be published.
11.4 Reviews that have been moderated and published at Crealandia.com online store are not subject to change or deletion, except for legal reasons and moral norms. The feedback or comment can be deleted upon voluntary and mutual agreement of the participants of this User Agreement by sending a corresponding request to the support service by e-mail to [email protected]
11.5 The published reviews can also be used by the Crealandia.com online store at its own discretion, as a supplement to the promotions and offers, in order to improve the quality of the services provided in the newsletters, offers, promotions or similar newsletters.
11.6 The published reviews are part of the rating system of the offered goods. The rating system is fully automated and is created on the basis of a certain number of criteria. The object rating, as well as reviews, are intended only for notifying users about the possible and expected quality and conformity of the real state of goods and services offered.

12. Intellectual Property Rights
12.1 Crealandia.com owns or has appropriate rights to use the intellectual property, where applicable, of the online store and all content used on the website, including the platform, texts, photographs, illustrations, logos, trademarks, graphics, designs, interfaces and any other content or information required to operate the online store.
12.2 Accessing, browsing and using the Site does not imply a transfer of intellectual property, nor does it imply a full or partial assignment of such rights by Crealandia.com. The law grants the user the right to use the content and services on the website in the manner and under the conditions stipulated for the possibility of using the advantages of the Crealandia.com online store.
12.3 If the user of Crealandia.com online store provides information to the owners of the site, through any information channel, the user hereby declares and confirms that he has rights to this information and does not violate any intellectual, industrial property, trade secrets or any other rights of third parties, and that such information is not confidential and/or will not harm any third parties.
12.4 If the user becomes aware of the existence of any illegal content or content contrary to the laws, which can cause an infringement of the above mentioned rights (clause 12.3.), he/she should immediately inform the owner of the Crealandia.com online store via the feedback form, so that the site owners can take appropriate measures.

13. Additional conditions
13.1 The Seller shall be entitled to assign or otherwise transfer its rights and obligations arising from its relationship with the Buyer to third parties.
13.2 The online store and the services provided may be temporarily partially or completely unavailable due to preventive or other work or for any other reasons of a technical nature. The technical service of Crealandia.com has the right to carry out necessary preventive or other works from time to time with or without prior notification of the Buyers.
13.3 The provisions of the European legislation shall apply to the relations between the User/Buyer and the Seller.
13.4 In case of any questions and claims by the User/Buyer, he/she shall contact the Seller by e-mail or other available means. All disputes arising between the parties shall try to resolve through negotiations, if no agreement is reached, the dispute shall be referred to the court in accordance with the applicable European legislation.
13.5 A court ruling that any provision of this Agreement is invalid shall not entail the invalidity of the remaining provisions.

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