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THIS DOCUMENT CONTAINS THE GENERAL TERMS AND CONDITIONS ON THE BASIS OF WHICH USERS ARE OFFERED THE USE OF THE SITE WWW.HERCREATIVEDETAILS.COM WHICH OFFERS ONLINE DIGITAL SERVICES AND PRODUCTS AND GENERAL TERMS AND CONDITIONS OF AFFILIATE PROGRAM.
This website is operated by Roberta Fazio. Throughout the site, the terms “I”, “me”, “my”, “we”, “us” and “our” refer to Roberta Fazio. Roberta Fazio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
I. GENERAL TERMS AND CONDITIONS OF SHOP AND DIGITAL SERVICES.
1. definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:
- Owner: the natural person who owns the website.
- Application: the “Her creative details” website, www.hercreativedetails.com
- Products: digital and physical goods and services provided through the application.
- User: any person who accesses and uses the application.
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity.
- Non-Consumer User: the natural person of age or legal person who concludes a contract for the performance or for the needs of his own business, commercial, craft or professional activity.
- Third Party Supplier: the natural or legal person, other than the Owner, who offers the products through the Application, acting in the exercise of his own commercial, craft or professional business.
- Contents: any textual or multimedia element present on the application, by way of example ads, advertisements, reviews, images etc.
- Conditions: this contract which governs the relationship between the Owner and the Users and the sale of products and / or services offered by the Owner through the application.
2. relationships between owner, third party supplier and users
The application hosts a website managed by the Owner that allows users interested in the Products and / or Services provided by the Owner to be in contact with products provided by Third Party Suppliers. In the Application it is always clearly indicated whether the product or service is provided by the Owner or by a Third Party Supplier.
When the products and/or services are offered by Third Party Suppliers, the owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between them, having to be considered as a mere technical manager of the Application. Therefore, any contract entered into between Third Party Suppliers and Users is not the subject of these Conditions.
Third Party Providers – the Third Party Providers present in the Application are attributable to the following affiliate and sales platforms: Gelato.com, Shareasale.com, CreativeMarket.com, Society6.com, Amazon.it, Amazon.com, Amazon.co.uk, Amazon.de , UltimateBundle.com, ShopStyleCollective.com, Elementor.com, WordPress.com, Shutterstock.com, Fiverr.com and Google Adsense.
Therefore the Terms and Conditions of the Third Party Providers listed above are attributed to their Applications.
3. detailed information on the offer of the application
The Application provides Users with information products within it, or digital products that Users can download and use only and exclusively for personal use.
The products type offered within the Application, therefore, are as follows: photographic filters for post-production of photographs, specifically presets for Adobe Lightroom and Actions for Adobe Photoshop; printables and e-books (i.e. printable files in PDF, PNG and / or JPEG format) for everyday life such as planners and / or calendars etc, premade and ready-to-use logos and branding elements, exclusive fonts created by the owner, templates applicable to WordPress and online digital courses.
The Products and/or Services on the website via affiliate links and disclaimers are attributable to the Third Party Suppliers listed above and therefore are not subject to Conditions within the Application in question.
All digital products on this website are sold under a commercial license.
We strongly recommend (before purchasing) reading the types of licenses offered here: Licenses of the products offered on the hercreaticedetails.com website.
4. scope of the conditions
The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions, he will not be able to use the Application or the related services.
The Conditions can be changed at any time.
The applicable conditions are those in force on the date of transmission of the purchase order.
Before using the Application, the User is required to carefully read the Conditions and, not necessarily, to save them for any future consultations.
The Owner reserves the right to change the graphic interface of the Application at its discretion, at any time, even after the User has registered, communicating the relevant instructions within it and to the User.
5. purchase through the application
All products offered within the Application are described in detail in the relevant product pages (quality, features, availability, price of the product itself without additional VAT costs, delivery times, etc.).
As these are digital products, there may be some errors during the purchase of the Products themselves within the Application due to the temporary failure of the platform hosting the website; in the case of errors, please contact the Data Controller by email specifying the type of error found via the contact form on the website: the Data Controller will resolve the error as soon as possible and have the purchase to the User.
6. shipping methods and product delivery times through the application
All products offered on this website, and sold occasionally, are sold exclusively under a commercial license. The type of products sold in this shop is divided into two categories: digital products and physical products. For digital products, given their digital nature, there is no refund or return (the shipping and purchase method is therefore a digital method); for physical products (such as posters and more), I recommend that you read the terms and conditions of Gelato, they are produced by this retailer. I have no responsibility for damage or missed deliveries.
When the purchase is concluded, an email will be sent by the Application with the next completed purchase notice. Subsequently, the download of the purchased digital file will take place automatically thanks to the Application and the purchased file will be delivered (and therefore available) in your email box (the one entered by the User during the purchase phase) starting from the minutes following the purchase until the following working days.
The Owner is exempt from any download errors due to the operation of the platform and the Application themselves. In the event of an error, as indicated in the previous paragraph, the User is obliged to contact the Owner by email specifying the type of error found using the contact form on the website: the Owner will resolve as soon as possible the error and to have the User complete the purchase.
In case of purchase of Services, the User must complete the purchase within the Application of the Third Party Provider “Fiverr.com” as expressly indicated on the Services page.
7. payment methods accepted within the application
The application described in this document (www.hercreativedetails.com) accepts the following payment methods by third party services: Paypal and Stripe (Credit Cards).
Other methods not present in this document are not accepted within this Application.
Please enter only the necessary information of the User when purchasing the product to ensure greater safety during the purchase itself.
8. returns and refunds of the product purchased within the application
For digital products, there are no returns of the purchased product and/or refunds of the amount of money expressed on the product page used for the purchase itself. This choice is also justified by the nature of the digital products offered and by the failure to physically ship the products. The User is requested to read the next paragraph regarding the 30 days available for reporting errors.
For physical products (such as posters and more), I recommend that you read the terms and conditions of Gelato, they are produced by this retailer. I have no responsibility for shipping, damage or missed deliveries.
9. guarantees of the product purchased within the application
In case of non-functioning of sections or the graphic error of the digital product, the User is obliged to contact the Owner by email specifying the type of error found through the contact form on the website: the Owner will provide as soon as possible to verify the failure or graphic error of the product, and in the event that it deems it necessary to correct any error and / or replace the Product itself with a revised version in the same purchase format, to in order to guarantee the User a better shopping experience.
The User has a period of 30 days available for reporting any errors to the Owner.
10. right to use the product purchased in the application by the user
All products offered by the Owner on the website are intended for commercial use.
The purchased product cannot in any way be offered for sale by third parties or other persons outside the owner himself or used for commercial purposes.
Otherwise, the Owner has the right to report in the legal office the lack of right to personal use by the User.
11. termination of the contract of the conditions within the application
When the User decides to proceed with the purchase of a product within the Application, he undertakes to enter into a sort of purchase contract by entering the sensitive data requested. The purchase contract terminates immediately after the purchase of the product and at the end of the 30 days available for the product warranty.
Type and purpose of sensitive data collected within this website and use of cookies for User navigation within the Application itself
For more information on this, the User is requested to carefully read the Privacy & Cookie Policy page of the Application itself.
II. GENERAL TERMS AND CONDITIONS OF HER CREATIVE DETAILS AFFILIATE PROGRAM.
Agreement
By signing up to be an Affiliate in the Her creative details Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Her creative details reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted. The program is open to all nationalities.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You must have an active PayPal account to receive payment.
- Your login may only be used by one person - a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Her creative details cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own Her creative details product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Her creative details. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Her creative details. You must ensure that each of the links between your site and the Her creative details properly utilizes such special link formats. Links to the Her creative details placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a Her creative details product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.hercreativedetails.com/ and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you've earned €20 in affiliate income. If your affiliate account never crosses the €20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the €20 threshold.
Identifying yourself as a Her creative details Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Her creative details or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
Payment schedule
As long as your current affiliate earning are €20, you'll be paid each month. If you haven't earned €20 since your last payment, we'll pay you the following month after you've crossed the threshold. You will be paid via Paypal.
Customer definition
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment
- Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
- The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
- Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
- Ensuring that materials posted on your site are not libelous or otherwise illegal
- Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.hercreativedetails.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Her creative details reserves the right to end the Program at any time. Upon program termination, Her creative details will pay any outstanding earnings accrued above €20.
Termination
Her creative details, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Her creative details service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Her creative details reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Her creative details will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Miscellaneous
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Her creative details to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Her creative details and govern your use of the Service, superceding any prior agreements between you and Her creative details (including, but not limited to, any prior versions of the Terms of Service).
