Terms & Conditions
This website referred to as “CREAM DESIGN” is operated by the legal entity “Calvin Scheck und Nicolo Forti GbR”. Throughout the site, the terms “we”, “us” and “our” refer to this legal entity and the representative name for this legal entity which is CREAM DESIGN. CREAM DESIGN 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. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if the information on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. This site uses ChatGPT as a support bot for customers to receive instant feedback for questions. While we do our best to keep the knowledge base of ChatGPT updated, we cannot guarantee that the information presented by ChatGPT is precise, correct or fairly communicated. We are not liable for any misguidance, false information, or offending messages your might receive while using ChatGPT. We advise website users to seek support and help from a real person using our E-Mail and WhatsApp contact information for any important matters, or to ensure that any information is up-to-date.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. If you choose to contact us via WhatsApp, you agree that may also contact and message you back using the contact information we received.
SECTION 8 – THIRD-PARTY LINKS Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In addition to other prohibitions, as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to use the site for any form of data mining or extraction tools, or any other activity with the intent of obtaining lists of users or other information; (m) to impersonate or attempt to impersonate another user, host, or representative, including, without limitation, any of cream design's officers or directors; (n) to use the site or its content for any purpose that is not expressly permitted by these terms of service.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: WARRANTIES AND LIABILITY LIMITATIONS
13.1 Service Availability and Errors We cannot assure that our service will be available all the time, or that it will be free from errors. It might not be available at times, and sometimes there may be delays, errors, or interrupted service. We cannot guarantee the accuracy or reliability of results obtained from the use of our service.
13.2 Interruptions and Cancellations Please note, at times, we might have to suspend or cancel our service. This could be for an indefinite period, or permanently. This could happen without any prior notice to you.
13.3 Use at Your Own Risk You must understand and agree that any use of our service, or inability to use our service, is solely at your risk.
13.4 No Implied Warranties Unless we say so specifically, our service and the products and services provided through our service are available for use 'as is' and 'as available', without any warranties or conditions. This includes any express or implied warranties or conditions, such as those of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
13.5 Limitation of Liability We, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors, cannot be held liable for any harm, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind. This applies even if you advised us about the possibility of such damages.
13.6 Losses and Damages These damages might include, but are not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This holds whether the damages are based on contract, tort (including negligence), strict liability, or any other basis. This applies whether the damages arise from your use of the service, any products you bought using the service, or any other claim related in any way to your use of the service or any product.
13.7 Content Errors and Omissions This also applies to any errors or omissions in any content, or any loss or damage of any kind that occurred as a result of using any content (or product) that was posted, transmitted, or made available via the service.
13.8 State and Jurisdiction Limitations There might be laws in some states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages. If you are in such a state or jurisdiction, our liability will be limited to the greatest extent that the law allows.
SECTION 14 – INDEMNIFICATION You agree to indemnify, defend and hold harmless cream design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany.
SECTION 19 – CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 21 – Giveaway conditions of participation For the purposes of these Terms and Conditions, “The Promoter” refers to cream design whose Instagram, TikTok, Pinterest, and YouTube handle is @creamdesignofficial. The “Prize” refer to the specified giveaway post found on our Instagram. By entering any competition, you agree to be bound by these terms and conditions. All entries must be received by the date and time stated in the dedicated giveaway Instagram post. The number of winners is mentioned in the dedicated giveaway post and the winner will be selected at random. The winner will be notified on or after this date. The Promotors competitions, with entry via Instagram or any other social media channel, is open to anyone with a shippable address. Shippable addresses include all addresses Cream Design would usually allow shipment to. Cream design reserves the right not to cover the shipping costs for prizes won. Any amount not covered needs to be paid by the winner via PayPal or any other payment method specifically made available by cream design for this case. Winners will not be required to pay to enter the competition. Entrants must be over 18 years old on the date of their entry. Employees of The Promoter are not eligible to enter. Only one entry per person per competition will be accepted. How to participate, can be found in the dedicated giveaway post on social media. The Promoter will not be held liable for any failure to receive entries. The Promoter takes no responsibility for any lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid entries. To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
As far as the law allows, we, referred to as 'The Promoter', are not responsible for any indirect costs, special expenses, losses, or damages that you, the 'participant', might experience in relation to these terms and conditions, our competition, or any Prize. This holds true even if such costs, expenses, losses, or damages could have been predicted or reasonably expected by you. These terms apply irrespective of the situation. That includes, but isn't limited to, issues arising from breaking the contract, negligence, or breaking the statutory duty, among other situations. We must point out that depending on where you live, some local laws might not allow this kind of limitation on liability. It's always important to understand your legal rights. While we strive to protect our business interests, we are committed to a fair and transparent relationship with you. We advise that you seek legal advice if you are unsure about any of the terms outlined here.
Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value. The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable the fulfilment of the Prize. In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the Promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice. The Promoter’s decision is final. No correspondence will be entered into. The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected. The prices to be won are subject to the availability of sizes. Therefore, we cannot guarantee that every size of, for example, a piece of apparel is still available. In that case, the winner has to choose an available size either, or he may be offered a substitute prize.
Anything mentioned in this section does not apply to the conditions of participation in our loyalty programs (which includes the collection of “CREAM Points”). Their conditions of participation can be found in section 22.
For inquiries or concerns related to our services, reach out through the contact information provided on our website. If you have questions about these Terms of Service, please reach out before using our services.
SECTION 22 - CREAM TOUR LOYALTY PROGRAM
22.1. Cream Design retains the right to modify any aspect of the CREAM Points loyalty program at any given time. This includes changes to the point thresholds for product unlocks or even discontinuation of the entire program.
22.2. In order to participate in the CREAM Tour and accrue CREAM Points, users must create an account and verify their phone numbers. Any deletion of an account and/or phone number may result in the permanent loss of all CREAM Points and unlocked items.
22.3. Users may opt to have their unlocked items shipped with their next purchase or can cover the requisite shipping costs for separate delivery.
22.4. Returning a product will result in the deduction of the corresponding CREAM Points initially earned from purchasing the product. If the deducted points were used to unlock items in the CREAM Tour, you are not allowed to return the purchased product unless the unlocked item is also returned. If an unlocked discount code has already been used, the return of products that contributed to unlocking the discount becomes impossible.
22.5. Unlocked items that require a size specification will be made ready for shipping approximately 1-4 weeks post-season. Customers may be informed via email and view these updates in their shopping cart.
22.6. There may be instances where unlocked items, despite being added to the order, are not shipped out. In such scenarios, the items will be reinstated in the shopping cart once they are available again.
22.7. Images provided for unlockable items may be conceptual renderings and products in development stages. The final product received may differ in appearance.
22.8. Users must verify their specific size on the CREAM Points page before the end of the season for pre-order items requiring size input. Failure to do so within the stipulated time frame will be interpreted as a forfeiture of the right to receive the unlocked item.
22.9. Once an item is unlocked, users have a 40-day window to add it free-of-charge to any order. Beyond this period, items may no longer be available, even if they remain visible in the shopping cart. Unlocked items can be added to your cart as a complimentary addition to your orders. Normal shipping costs apply, and unlocked items from the CREAM Tour do not contribute to the minimum order value for free shipping. For size-specific products, the 40-day window commences once the item is added to your account, typically 1-3 weeks post-season.
22.10. Engaging in inappropriate behavior may result in the removal of CREAM Points, revocation of access to the CREAM Points Program, account termination, or removal of unlocked products. Inappropriate behavior includes, but is not limited to, exploiting system technicalities to accumulate more CREAM Points than intended, usage of offensive or disrespectful language, and dissemination of unsuitable images or videos.
22.11. Cream Design reserves the right to suspend or terminate this program at any time, either temporarily or permanently.
22.12. We do not guarantee the availability of unlocked items or sizes, irrespective of their visibility in the shopping cart or their addition to orders. You may be informed via email, WhatsApp, or any other provided communication channels in such cases. It is your responsibility to keep your contact details updated.
22.13. Cream Design does not guarantee the accuracy or timeliness of all information regarding the CREAM Tour or CREAM Points, including product images, availability, and points thresholds for unlocking items. We may revise, remove, or add information at any time. Participation in the CREAM Tour constitutes acceptance of these terms.
22.14. CREAM Points can be collected through various actions outlined on the CREAM Tour page. While we aim to ensure fair tracking, there may be instances where actions meant to earn CREAM Points are not registered by the system. Furthermore, CREAM Points may be unintentionally removed or deleted. Users are responsible for alerting us to such discrepancies by contacting firstname.lastname@example.org with all relevant information to allow us to rectify the issue and re-assign CREAM Points as necessary.
22.15. CREAM Points will be reset to zero after each season ends. The remaining duration of a season can be viewed on our CREAM Tour page.