- Terms and Conditions
Please note that section 11 of the terms and conditions of the agreement with Crealandia contains a binding arbitration clause and class action waiver. By signing these terms and conditions, you agree to resolve any disputes with the company through binding individual arbitration, which means that you give up any right to have the dispute heard by a judge, and you also give up the right to participate in class actions, class arbitrations or representative actions.
This agreement sets out your rights and obligations when using Crealandia, our mobile applications and other services provided by Crealandia (we will refer to all of these together as our “Services”), so please read it carefully. By using any of our Services (even just by browsing one of our websites), you agree to the Terms. If you do not agree to the Terms, you may not use our Services.
- Services and Rules
Crealandia Services connects people around the world, both online and offline, to make, sell and buy unique items. Here’s a handy guide to help you understand the specific rules that are relevant to you, depending on how you use the Services:
Our internal rules for sellers. If you list any items for sale through our Services, these rules apply to you. You can read them here.
Our internal rules for buyers. If you use our Services to browse or shop, these rules apply to you. You can read them here.
Our internal policies for third parties. These policies apply to intellectual property owners, affiliates and anyone who requests information from Crealandia .
All of these policies are part of our Terms and Conditions, so make sure you read the ones that are relevant to you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
Crealandia and merchants process members’ personal information (e.g. buyer’s name, email address and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information in accordance with EU law. This means that each party is responsible for the personal information it processes when providing the Services. For example, if a seller inadvertently discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Crealandia, will be liable for this unauthorised disclosure.
However, if it turns out that Crealandia and sellers are joint data controllers of buyers’ personal information, and if Crealandia is sued, fined or otherwise incurred costs because of what you have done as a joint data controller of buyer personal information, you agree to reimburse Crealandia for costs arising from your processing of buyer personal information. See section 9. Indemnification (or what happens if you sue us) below for more information about your indemnification obligations to Crealandia.
You will need to create an account with Crealandia in order to use some of our Services. Here are some rules about accounts on Crealandia:
А. You must be at least 18 years old to use our Services. Minors under the age of 18 and at least 13 years old may only use our Services through an account held by a parent or legal guardian, with their respective permission and under their direct supervision. Children under the age of 13 are not permitted to use Crealandia or the Services. You are responsible for any and all account activity carried out by minors on your account, and commercial products or services may be available which you may consider to restrict minors’ access to material online. For more information see. Crealandia’s Policy on Minors .
- Provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
- You must provide your name when you register. If you choose not to use your full name as the name associated with your account, you may not use a Nickname that is abusive, vulgar, infringes on someone else’s intellectual property rights, or otherwise violates the Terms.
- You are responsible for your account. You are solely responsible for any activity on your account. If you share your account with others, the person whose financial information is in the account will ultimately be responsible for all activities. If you are registering as a legal entity, you personally warrant that you have the authority to agree to the Terms on behalf of the business. In addition, your accounts are non-transferable.
- If you have provided another person (e.g. husband, brother, acquaintance, etc.) in your account financial information, then in the event of any financial claims from payment processors, purchasers, banks, and interested third parties, the person listed in the Banking Information section will handle all financial issues and disputes.
- Do not disclose your password to any third party and keep it in a safe place. You are solely responsible for any activity on your account, so it is important that you keep your account password secure.
- These Terms do not create any agency, partnership, joint venture, employment or franchise type relationship between you and Crealandia.
The content you publish using our Services is your content (so let’s refer to it as “Your Content”). We make no claim to this, including anything you publish using our Services (e.g. shop names, profile pictures, ad pictures, ad descriptions, reviews, comments, videos, usernames, etc.).
А. You understand that you are solely responsible for your Content. You confirm that you have all necessary rights in all parts of your Content and that you do not infringe the rights of third parties by publishing it.
- By posting your Content through our Services, you grant Crealandia a license to use it. We do not claim ownership of your Content, but we do have your permission to use it to help Crealandia function and grow. In this way, we will not infringe on your rights to your Content and can help promote it. For example, you acknowledge and agree that Crealandia may from time to time offer you or Crealandia customers promotions on the Site that may relate to your advertisements.
Legal: By posting your Content, you grant Crealandia a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of your Content. This allows us to provide the Services and promote Crealandia, your Crealandia shop or the Services in general in any formats and through any channels, including through any Crealandia Services, our partners, third party website or advertising medium. You agree not to assert any moral rights or rights of public use of your Content against us. You also acknowledge our legitimate interest in using it in accordance with the scope of this licence if your Content contains any personal information.
This is necessary to develop our site and your shop.
For example: if you upload a product listing photo or video to your Crealandia shop, we have permission to show it to customers and we may resize it or enhance it so it looks good to a customer using our mobile app; if you post a description in English, we may translate it into German or Spanish so a customer from Germany or Spain can learn more about your product in their native language; and if you post a beautiful photo or video of your latest handmade necklace,
С. Crealandia has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you wish to remove it, follow the steps listed in our Intellectual Property Policy . If your Content is suspected of infringing another person’s intellectual property rights, we will take appropriate action, such as disabling it if we receive a report of infringement that meets our guidelines, or closing your account if you are found to be repeatedly infringing. We will let you know if any of these things happen.
- There are certain types of content (inappropriate, false or misleading content) that we do not want posted on Crealandia Services (for legal or other reasons). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or that violates our Prohibited Items Policy, Community Policy, or any part of our Terms and Conditions. You also agree not to post any content that is false or misleading or to use the Services in a fraudulent or deceptive manner.
- Licence to use our Services
We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Services – subject to the Terms and in particular to the following restrictions:
- Do not use our Services to infringe the law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal or international laws that may apply to you. For example, you are responsible for obtaining any permits or licences required by your shop and for complying with applicable legal requirements in the relevant jurisdiction(s). This includes the sale and delivery of your goods, such as age verification on delivery if required by law. You may not sell anything that violates any laws ; you may not engage in fraud (including false statements or breach notices), theft, anti-competitive behaviour, threatening behaviour or any other illegal acts or offences against Crealandia, another Crealandia user or a third party.
- You are responsible for payment of all fees you owe Crealandia. Except as set out below, you are also solely responsible for the collection and/or payment of any applicable taxes for any purchases or sales you make through our Services. Where applicable, Crealandia will calculate, collect and remit value added tax or VAT and sales tax. Some countries may refer to VAT using other terms such as Goods and Services Tax (GST), but we will simply refer to VAT, GST and any local sales taxes together as ‘VAT’. Please see this FAQ and our Fees and Charges Policy for more information on taxes, including details of the taxes that Crealandia collects and remits from customers. Your fees, invoices, taxes and how to pay them are fully described in our Fees and Payments Policy.
- You agree not to copy, tamper with or scan any page of the Services, or reverse engineer or attempt to obtain source code for the Services (including both Crealandia Intellectual Property and Seller Content) without our express permission.
- You agree not to interfere with or attempt to disrupt our Services by, for example, spreading a virus, adding malicious files, excessive requests to our site or platform, or other malicious computer code.
- The name “Crealandia” and other Crealandia marks, phrases, logos and designs that we use in connection with our Services (the Crealandia Trademarks) are trademarks, service marks or trade dress of Crealandia throughout the world. If you wish to use our Trademarks, you agree to follow our Trademark Policy .
- We appreciate your suggestions and ideas and are always happy to improve your experience with our services. Any ideas or other materials that you send to Crealandia (other than your own content or merchandise that you sell through our services) shall be deemed non-confidential and not your own. By submitting such materials, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose without compensation to you.
- Crealandia will sometimes provide you with the relevant legal information electronically. By using our services, you agree to our electronic communications policy, which describes how we will provide such information to you. It states that we may send you electronic communications (e.g. by email) instead of paper copies, and that your electronic agreement is as strong as your signature on paper.
- Account termination
Termination of your account will not affect the availability of some of your Content that you posted through the Services prior to termination.
We may terminate or suspend your account (and any accounts that Crealandia believes are associated with your account) and your access to the Services if we have reason to believe that you, your Content or your use of the Services violates our Terms. In this case, it is important to understand that you have no contractual or legal right to continue using our Services, such as selling or buying on our websites or mobile applications. Generally, Crealandia will notify you when your account has been terminated or suspended unless you have repeatedly breached our Terms and Conditions or we have legal or regulatory reasons that prevent us from notifying you.
Your account will be suspended automatically if you have not visited your shop for more than two months.
Full removal due to your absence from the site will occur one year from your last visit, according to our logs recording your activity.
If you or Crealandia closes your account, you may lose any information associated with your account, including your Content.
- Warranties and Limitations of Liability (or what you cannot sue us for)
- You understand that Crealandia does not manufacture, store or inspect any goods sold through our Services.
We provide a venue for sales and promotion;
Goods on our Marketplaces are manufactured, offered for sale and sold directly by independent sellers, so Crealandia cannot and does not make any warranty as to their quality, safety, authenticity or legality. Any legal claim relating to the goods you have purchased must be made directly to the seller of the goods. You will indemnify Crealandia against any claims relating to goods sold through our Services, including in relation to defective goods, misrepresentations by sellers or items that have caused physical injury (e.g. product liability claims).
- When using our Services, you may come across content that you find offensive or inappropriate. We make no representations regarding any content posted by users through the Services. Crealandia is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users you access through the Services. You release us from any liability associated with that content.
You may use the Services to interact with others both online and in person. However, you understand that we do not screen users of our Services other than to meet certain requirements and legal obligations, and you release us from any liability associated with your interactions with other users.
- Indemnity (or what happens if you sue us)
If Crealandia is sued because of something you have done, you agree to defend us and indemnify us. This means that you will defend Crealandia (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, use (or misuse) of our Services, your breach of the Terms, or you or your account violating someone else’s rights.
We reserve the right to pursue our legal defence as we see fit, even if you indemnify us, in which case you agree to co-operate with us to enable us to implement our strategy.
- Disputes with other users
If you find yourself in a dispute with another user of the Crealandia Services or a third party, we recommend that you contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps can participate in our case management system. Crealandia will attempt to help you resolve disputes in good faith and solely on the basis of our interpretation of our policies in our sole discretion; we will not pass judgment on legal issues or claims. Crealandia is under no obligation to resolve any disputes.
Crealandia Release. You release Crealandia from any claims, demands and damages arising from disputes with other users or parties.
- Disputes and arbitration
If you are unhappy with us, let us know and hopefully we can resolve your problem. But if we can’t, these rules will govern any legal dispute relating to our Services:
А. These Terms are governed by the laws of the Kingdom of Spain without regard to its conflict of law rules. These laws will apply no matter what part of the world you live in, but if you live outside the Kingdom of Spain, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- You and Crealandia agree that any dispute or claim arising out of or relating to the Terms shall be finally settled by final and binding arbitration using the Spanish language, administered by the Spanish Arbitration Association in accordance with its Consumer Arbitration Rules, when they become effective, unless otherwise required by law.
The arbitration, including threshold issues of arbitrability of the dispute, will be administered by a sole arbitrator in accordance with these Rules. Judgment on the arbitral award may be entered in any court having jurisdiction.
For EU sellers, if any dispute arises in relation to the Terms, the parties must first attempt to resolve the dispute using the complaints procedure, through our helpdesk . Alternatively, the dispute may be referred by either party to the Centre for Effective Dispute Resolution for mediation. The parties agree to enter into mediation to resolve the dispute in good faith and will do so in accordance with the mediation procedures. Unless otherwise agreed between the parties within 14 days of notification of the dispute, the mediator will be appointed by CEDR. To initiate mediation, a party shall notify the other party to the dispute in writing of the referral of the dispute to mediation. A copy of the referral must be sent to the CEDR.
Any arbitration or mediation under the Terms and Conditions will be conducted on a case by case basis. You understand that by agreeing to the Terms you and Crealandia are waiving the right to litigate or participate in a class action. Class arbitrations are available only at the request of either party in accordance with its Class Action Arbitration Rules and approved by the arbitral body. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of competent jurisdiction for injunctive or other equitable relief or conservatory before the arbitrator or mediator makes a final decision. Instead, you may sue in a “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative and non-collective basis.
- Payment of any and all reasonable registration, administration and arbitration fees will be made in accordance with the Consumer Arbitration Rules and, in the case of CEDR, its rules. If the value of your claim does not exceed €10,000, Crealandia will pay the reasonable registration, administrative and arbitration fees associated with the arbitration, unless the arbitrator determines that either the merits of your claim or the relief sought were unreasonable or brought for the wrong purpose. In mediation through CEDR, the parties pay their share of the costs of mediation and, under certain conditions, such fees may be reimbursed to you depending on the outcome of the mediation.
- Our Company is incorporated and located in the Kingdom of Spain, so any legal action against Crealandia relating to our Services must be brought and take place in the Province of Valencia of the Kingdom of Spain. For all actions under the Rules, legal proceedings may be commenced at your place of residence or in the Kingdom of Spain, Province of Valencia, and any in-person hearing will be held at a location that is reasonably convenient for both parties, taking into account their ability to travel and other relevant circumstances. For any actions not subject to arbitration or mediation, you and Crealandia agree to submit to the personal jurisdiction of a state or federal court located in the Kingdom of Spain, Province of Valencia if your contract is with DailyDoll S.L.
- If we make any changes to this “Disputes with Crealandia” section after the date you last accepted the Terms and Conditions, those changes will not apply to any claim brought in legal proceedings against Crealandia prior to the effective date of the changes. Crealandia will notify you of material changes in the Disputes with Crealandia section at least 30 days before the effective date of the change. If you do not agree to the amended terms and conditions, you may send Crealandia a written notice (including an email) or close your account within those 30 days. By rejecting the amended terms or permanently closing your account you agree to resolve any dispute between you and Crealandia in accordance with the provisions of this Disputes with Crealandia section on the date you last accepted the Terms, including any changes made prior to your rejection.
- Changes to the Terms and Conditions
We may update these Terms from time to time. If we believe that changes are material, we will be sure to let you know by posting the changes via the Services and/or by sending you an email or message about the changes. In this way, you can decide whether you wish to continue using the Services. Unless otherwise stated, changes take effect when the changes are published. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services after a change has been made constitutes your acceptance of the updated Terms.
- Some subtle legal issues
The Terms, including all policies constituting the Terms, supersede any other agreement between you and Crealandia in relation to the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms will not constitute a waiver of our right to enforce that or any other part of the Terms thereafter. We may assign any of our rights and obligations under the Terms.
- Contact Information
If you have any questions about the Terms please email us at [email protected]
Effective date of these Terms and Conditions 01.12.2022
You can find all instructions and FAQ on HelpDesk site
Terms and conditions of participation in the Marketplace DailyDoll.Shop
We offer you a unique project, uniting masters of author dolls and manufacturers of goods and services on the territory of the European Union and other countries.
For your convenience we have developed a special system of participation and conditions of placement in the DailyDoll.News Marketplace, which you can find below.
Attention! Change of Subscription plan from 26.09.2022!
Now for all sellers there are free tariff plans with the QWERTY promotional code with a validity period of 30 to 365 days from the date of registration (the validity period and the number of listings in each Subscription plan are different, choose the Subscription plan that suits you best).
Learn more about subscription plans HERE
When you sell an item, we charge a transaction and payment processing fee of the sale amount.
Transaction fees include Stripe and PayPal, through which we accept payments in our marketplace, as well as bank transfer fees or merchant fees, plus payment processing and tax fees.
We process payments on our secure SSL encrypted platform and have security specialists and fraud detection systems in place to protect you and your customers 24/7.
You can learn more about payments in Secure Payments
CREALANDIA is a marketplace for the sale of handmade goods, workshops and other digital goods related to all of the above.
In order to open a store you just need to register as a seller, specify the location and currency of your store, choose a store name, create a listing, set the payment method (how you want to get paid) and finally set the billing method (how you want to pay Crealandia fees).
You can see the instructions in the HelpDesk
With our easy-to-use and secure payment system, we can accept payments through a variety of payment methods, including credit and debit cards, PayPal, Google Wallet, Apple Pay, and gift cards. Funds from your sales are deposited into our bank account and then transferred to you, in the convenient way you specify in your personal account, regardless of how or where the customer pays.
More details about secure payments and the payment systems the Crealandia Marketplace works with can be found HERE
If you offer the buyer to make a deposit payment (for example, for materials, for manufacturing, etc.), and subsequently the buyer refuses this order, then you have the right not to return the deposit payment as agreed with the buyer.
If you do not return the deposit payment, it is blocked for a period of 180 days from the date of payment,
to avoid opening a dispute by the buyer.