These General Terms and Conditions of Sale (hereinafter the "GTS") relate to the supply of Products as hereinafter defined and offered for sale by the Sellers.
They are concluded between KEEWI (hereinafter the "Merchant") and the Sellers who wish to create a campaign (hereinafter the "Seller") as well as the Clients wishing to make an Order (hereinafter the “Client") following the launch of a Campaign by the Seller, on the KEEWI website at https://keewi.io/ (hereinafter collectively referred to as "the Parties").
The Merchant refers to KEEWI, the intermediary between the campaign creator and the Client.
The Seller refers to the campaign creator using the KEEWI Site as an intermediary, in order to sell Clients different Products which he/she has created, it being specified that the term "Seller" designates both a consumer and a professional.
That being so, the term "consumer" used in the GTS refers to a natural person who launches a Campaign which is not part of his/her profession, trade or business.
A "professional" is a natural or legal person who, when launching a Campaign, acts within the framework of and on behalf of his/her profession, business or trade.
The Seller must be:
· either a legal person;
· an individual who is over 18 years of age and has the full legal capacity to enter into a contract;
· or an individual under the age of 18 years who is emancipated.
· If this is not the case, the minor must obtain the consent of his/her parents or legal guardian.
The Client refers to any natural person making an Order on the Site, it being noted that the term “Client” refers to both a consumer and a professional as defined above.
The Client must be:
· either an individual who is over 18 years of age and has the full legal capacity to enter into a contract;
· or an individual under the age of 18 years who is emancipated.
· If this is not the case, the minor must obtain the consent of his/her parents or legal guardian.
The User commonly refers to the Seller and the Client present on the KEEWI Site, both professionals and consumers.
The Site refers to the portal https://keewi.io and/or to any other address replaced or added by KEEWI.
A Campaign: this term refers to the service offered to the Sellers by KEEWI which allows them to create personalised products (including T-shirts, vests, sweatshirts, hoodies, cases, mugs, etc.).
The Launching of a Campaign is the process in which the Seller creates a Product with a design on the Site, which allows the latter to set sales targets, the duration of the sale, the sale price and the desired description of his/her Campaign. The Seller will have to achieve a minimum target (of three (3) sales) before the launch of his/her Campaign and the printing process.
Moreover, the Seller has the option to boost his/her Campaign by sharing it on social networks as well as with his/her friends and family.
Products: this term refers to products created by Sellers on various media (T-Shirts, jumpers, vests, cases, mugs, etc) sold through KEEWI on the Site.
Creation: this term refers to the Product created and personalised by the Seller as part of his/her Campaign and available on the KEEWI platform.
An Order: a request for one or more Products placed by a Client with KEEWI as provided for in these General Terms and Conditions.
Preorder: this term refers to the Client's expectation of the approval of his/her purchases, subject to the definitive launch of the Seller's Campaign, provided that the minimum target is reached.
These Terms govern the Creation and the sale of all Products created by the Seller and presented on the KEEWI Site.
The Parties agree that their relationship shall be governed exclusively by these GTS, to the exclusion of any other condition.
KEEWI reserves the right to adapt or modify these conditions at any time. In case of modification, the GTS in force on the day of the Creation of the Campaign or the Order will be applied to each Campaign as well as to each Preorder and Order. If terms were found to be missing, they would be considered to be governed by normal practice in the distance selling sector, in accordance with French law which will be the only applicable law.
Any Campaign or Order from the Site assumes the full and unconditional acceptance of the GTS in force.
ARTICLE 1 - COMPANY
The www.keewi.io site is managed and operated by WOOOP SAS, a French Simplified Joint Stock Company with a share capital of €1,266, with headquarters located at 49 avenue d'iéna, 75016 Paris - France, registered with the Paris Trade and Companies Register under number 799 872 791.
CEO: Mr Moïse Elmaalem
Intra-community VAT number: FR84799872791
ARTICLE 2 - PURPOSE
KEEWI is a participatory financing platform allowing Sellers to apply their designs to Products as defined above. The Seller may then offer them to Clients through the Site, once the Campaign attracts the interest of Clients.
Thus, these Terms and Conditions define the rights and obligations of the Parties as well as all terms of sale, including ordering, payment, and delivery between KEEWI and the Users.
ARTICLE 3 - PRODUCTS AND AVAILABILITY
3.1. The Products marketed on the Site are Products created by the Seller. In accordance with Article L. 111-1 of the Consumer Code, the presentation of the Products offered on the Site allows Clients to find out about the essential features of the Product they wish to order.
3.2. The Merchant describes and presents the Products for sale on the Site with the greatest accuracy and in accordance with the information specified by the Seller during his/her Campaign, including the Product’s features and the desired description of his/her Campaign.
3.3. In no event shall KEEWI be liable for any changes or errors concerning the description of the features of the Product purchased. The validity of the sale will not be affected. Similarly, photographs illustrating the Products, in further support of the text describing Products, do not fall within the scope of the contract. In no event shall KEEWI be liable for any changes or errors concerning the representation of the Product.
3.4. The Merchant does not guarantee in any way the availability of sale of Products for a specific period. KEEWI agrees to notify any Client who has placed an Order for an unavailable Product by email. In no event shall the Client be able to hold KEEWI liable in the event of it approving an Order for an unavailable Product. If the Order amount is debited for an unavailable Product, KEEWI agrees, at the Client’s request, either to refund the Client or to issue a credit note equivalent to the value of his/her Order, within 10 days.
In the event of a stock shortage of one of the Products of an Order consisting of several Products, KEEWI will ship the rest of the Order.
3.5. Any Seller who wishes to reproduce a document (including photos, logos, text, etc.) on a Product states that he/she has all the legal rights to the documents. In no case shall KEEWI be liable in the event that the author of a document, or his heirs, beneficiaries, or collecting societies, agents of the author, heirs or beneficiaries should claim compensation. In this case, only the Seller's liability would be incurred.
ARTICLE 4 - REGISTERING
When registering, the User agrees to provide accurate and complete information.
The User has several options when registering on the Site:
· Via Facebook
· Via Google +
· By entering his/her First name, Surname, email address, password and by confirming the required information.
The username and the password allow access to the Site and are confidential. Under no circumstances should they be disclosed to third parties.
After clicking on the Register button, you will receive confirmation of your registration by email.
Once registered, the Seller may choose to launch his/her Campaign.
The Client can view all the Products created by the Sellers and marketed via the Merchant.
ARTICLE 5 - USING THE SITE
5.1. Campaign by the Seller
When the Seller wishes to launch a Campaign, the Seller must first click on "Launch My Campaign".
Stage 1: Creation
The Seller has the option to add an image from:
· his/her computer,
The Seller then chooses the appropriate media for this design. There are many Products to choose from (unisex T-shirts, women’s T-shirts, sweatshirts and hoodies, items for kids, vests, bodies, tote bags, mugs, covers) in a range of sizes and colours.
Stage 2: Targets
Prior to the launch of the Campaign, the Seller must also set targets:
· The sales target: this consists of the minimum number of orders to be reached before printing and in order to be marketed in the Seller’s name via the Site.
· Duration of sale: the Seller determines the duration of the Campaign during which his/her Creation will be marketed in his/her name and via the Site.
· Sale price: it is up to the Seller to set the sale price of his/her Creation.
Furthermore, before confirming this stage, the Seller will be able to add an Additional Product to his/her Campaign.
Stage 3: Description
The last stage gives the Seller the chance to personalise the description of his/her Campaign by choosing a Campaign title and adapting the description suggested by KEEWI.
The Seller will be able to consult all of his/her Campaigns by clicking on the "My Campaigns" tab; marketing tools are also available via a tab provided for this purpose, which allow the Seller to accurately track the results of his/her various Campaigns, with tracking, conversion observations, statistics, remarketing, etc.
Lastly, as part of his/her Campaign, the Seller may offer promotional codes.
5.2. PREORDERS AND ORDERS BY THE CLIENT
Once all the Products created by the Sellers have been seen by the Client, the Client may decide to make a purchase by choosing one or more Products.
However, the purchase will only take effect when the Seller’s Campaign reaches the minimum target. In the meantime, it is only considered as a Preorder by the Client.
The Client views all the Products created by the Sellers and marketed via the Merchant on the Site. He/she can select a Product by clicking on "Buy Now" and view the product information sheet. The Client then chooses the quantity, size, style (including the medium and colours) and the price is specified.
The Client has the option of adding an additional style or colour.
The Client then clicks on "immediate purchase" and provides the required information (contact information, delivery and payment information). He/she can then confirm and pay for the Order. The Client’s Order implies that the Seller has already achieved the required target of three sales as part of his/her Campaign.
ARTICLE 6 - PRICES AND PAYMENT
The Final Sale Price is set by the Seller when launching his/her Campaign as part of the sales targets.
The price set by the Seller includes all taxes and charges.
The price of the Products is displayed in euros. VAT is included in the price displayed at the rate applicable in France for the Products concerned.
The delivery costs of the Client's Order will be stated before the Order is finally confirmed.
Products’ prices are subject to change; however these variations will not affect an Order which has been confirmed with an order confirmation. The Client will then receive a confirmation email.
6.2. PAYMENT AND INVOICING
When a User registers on the Site, a Wallet, a virtual payment space specific to their email address, is created for each User.
This payment solution is offered by LEMONWAY, an authorised payment institution in France under number 16568J.
Any mention of prices in other currencies than euro is given for information purposes only.
A payment account is created which refers to the personal virtual payment space for each Seller. At the end of the Campaign, KEEWI issues an invoice to the Seller. The invoice contains all the elements relating to the Campaign as well as the number of items printed.
An automated charging service will debit the Seller's Wallet for the amount owed to KEEWI corresponding to the Creation, printing and delivery of the Products, on a sliding price scale, in accordance with the sales summary.
It is the responsibility of the seller to respect the tax rules in force in his country, in particular as regards to the obligations of registration in the register of companies, as well as good compliance with tax obligations.
The Client can pay by Debit Card or Credit Card. As such, the following cards are accepted: Visa, MasterCard and AMEX.
The Client will pay for the products and any applicable delivery charges in advance.
When the Order is finalised, KEEWI confirms the Order by sending the Client a summary email, it being specified that the Client's credit or debit card will be debited only when the Campaign initiated by the Seller has reached its minimum target. If the Seller’s target is not reached as part of his/her Campaign, the Client will not be charged the Order amount.
In the event of an incident when paying, KEEWI may suspend the Client’s access to the Site and, if necessary, close the Client’s account without prejudice to any right to sue and obtain compensation for any damage suffered by KEEWI.
ARTICLE 7 - DELIVERY
7.1. Delivery times and methods
KEEWI Products are created to order. In France, shipping time can range from 4 to 8 working days - excluding weekends and public holidays, from the end of the Campaign. This includes time to prepare, print and package the Products included in the Order.
The delivery charge can vary depending on the selected Product.
Be aware that packages are shipped from the South of France, delivery times may be higher for any delivery outside of France.
7.2.1. You will be responsible for the Products from the date of delivery.
In addition, Products will belong to you once full payment has been received, including all applicable delivery charges.
7.2.2. We offer an international delivery to European countries at a higher price.
If you order Products on the Site for delivery to an international destination, your Order may be subject to import duties and taxes which will be applied after delivery, it being understood that KEEWI is unable to predict the amount.
You will be responsible for the payment of all import duties and taxes. Please contact your local customs office for more information before placing your Order.
You must comply with all applicable laws and regulations of the country to which the Products are shipped. We will not be liable for your violation of any of these laws.
ARTICLE 8 - RIGHT TO CANCEL
8.1. Concerning the Products sold on the Site, Users do not have any right to cancel, in accordance with the provisions of Article L. 121-21-8 of the Consumer Code, which stipulates that "The right to cancel cannot be exercised for contracts: (...) which concern the supply of goods which are made according to consumer specifications or clearly personalised; ... ".
Consequently, given that all the Products are custom-made on Clients’ Orders and following on from a Seller’s Campaign, Clients will be unable to cancel their Order once the Campaign is over. KEEWI does not have any stock and the Products are made to order.
If you have any questions about returns, please contact KEEWI via the contact form provided.
8.2. In the case of a defective Product or one which does not match the description, we will refund the full price of the defective Product.
The refund will be made via the same payment method you used to make the initial payment.
ARTICLE 9 - LIABILITY
It is expressly agreed that KEEWI cannot be held liable for any disturbance in the provision of the service for any reason, any external intrusion or infection by a computer virus, if this is attributable to a consumer or due to a third party.
Moreover, the Site cannot be held responsible for the non-fulfilment of a signed contract due to the occurrence of a force majeure, including in the event of a total or partial strike of printing sites, postal services, carriers and disasters caused by floods or fires.
If a Client is dissatisfied for any reason, he/she cannot claim any compensation other than that of a value equivalent to the purchased Product(s).
10.1. All elements of the Site, whatever they are, are protected by copyright, trademarks and patents. They are the exclusive property of KEEWI. The reproduction of all or part of KEEWI and/or the Site constitutes an infringement according to the Intellectual Property Code.
10.2. Furthermore, the reproduction of the KEEWI service is strictly forbidden. Reproduction of any of the Products resulting from Sellers’ Creation without the prior written consent of KEEWI or the Sellers is strictly forbidden. Failing this, the Users concerned may be subject to civil and criminal legal proceedings by KEEWI and/or the Sellers.
KEEWI shall not be liable for the non-fulfilment of its obligations in the event of force majeure, defined as any unforeseeable, unavoidable event resulting from external circumstances, rendering impossible the fulfilment of the Contract, including a partial or total strike by a carrier, the closure of printing sites or a natural disaster.
In accordance with the “Data Protection” law number 78-17 of 6 January, 1978, the User has a right to access, correct and delete data concerning him/her, recorded by KEEWI. The User may contact KEEWI at any time to oppose the commercial use of his/her personal data recorded by KEEWI. To do this, simply send a message via the contact page on the Site.
ARTICLE 13 - APPLICABLE LAW-DISPUTES
The GTS in French will be executed and interpreted in accordance with French law. The User, by accepting this document, irrevocably and exclusively submits to the competence of French jurisdictions.
In the event of a dispute, the User will first contact KEEWI to pursue an amicable agreement.
Should no agreement be reached, the competent court in case of dispute will be located where the defendant is domiciled or, at the choice of the complainant, the place of the product’s delivery.
In the event of a dispute with a professional User, the Paris Court will have sole jurisdiction.