1. Purpose
These terms govern the use of the KelCommerce service (the “Service”), a platform for creating and running an online shop, provided by Akretio SRL, Chemin de Baudémont 13, 1400 Nivelles, Belgium, BE 0474.636.143 (“Akretio”), to anyone who creates an account (the “Customer”).
The Service is intended for professionals (companies, self-employed people, associations) acting in the course of their business. By creating an account, the Customer confirms acting in that capacity and accepts these terms.
2. Account and trial period
Creating a shop opens a free 14-day trial, with no payment method required. During the trial, the Customer has the features of the chosen plan.
At the end of the trial, the shop is paused until the Customer subscribes to a paid plan. No amount is charged without an express subscription.
The Customer provides accurate information, keeps their login details confidential and remains responsible for actions taken from their account and those of their staff.
3. Plans and prices
Plans, their limits and their prices are described on the Pricing page. Prices are in euros, excluding VAT, and payable in advance for the chosen period (month or year). The yearly subscription is charged at the price of ten months.
Akretio takes no commission on the Customer’s sales. Payment providers’ fees are borne by the Customer, under their contract with them.
Akretio may change its prices with at least 30 days’ notice by e-mail. The new price applies from the next renewal; a Customer who does not accept it may cancel before that date.
Features marked “Coming soon” are not yet available and are not part of Akretio’s commitments until they are put into service.
4. Term, renewal and cancellation
The subscription renews automatically for the same period. The Customer may cancel at any time from their admin or by e-mail to support@kelcommerce.be; cancellation takes effect at the end of the current, already paid period, which is not refunded.
In case of persistent non-payment after a reminder, or a serious breach of these terms, Akretio may suspend the shop and then terminate the subscription. For manifestly illegal content, suspension may be immediate.
5. Customer obligations
The Customer is solely responsible for their shop, products, prices and relationship with their own customers. In particular, they comply with consumer law (pre-contractual information, right of withdrawal, prices including VAT), data protection law and the rules that apply to their products.
Using the Service to sell illegal, counterfeit or dangerous goods or services, to send unsolicited messages or to undermine the security of the Service is prohibited.
The legal page templates provided with the shop are a starting point: the Customer completes and adapts them to their business, under their own responsibility.
6. Buyer payments
Payments from the Customer’s customers are processed by the provider the Customer has chosen (Mollie, Stripe, PayPal or Worldline), under a direct contract between the Customer and that provider. Akretio is not a party to that contract, does not hold the funds and is not responsible for the provider’s decisions (refusal, block, refund).
7. Personal data
For the data of their own customers (buyers), the Customer is the controller and Akretio acts as processor within the meaning of Article 28 GDPR. Akretio undertakes to:
- process this data only to provide the Service and on the Customer’s instructions;
- keep this data confidential and take appropriate security measures;
- inform the Customer without undue delay of any personal data breach affecting them;
- help the Customer answer data subjects’ requests to exercise their rights;
- use other processors only after informing the Customer, who may object;
- delete or return the data at the end of the contract, as the Customer chooses.
The Customer’s own data is processed in accordance with the Privacy policy.
8. Availability and support
Akretio uses its best efforts to keep the Service available and secure (obligation of means). Interruptions may occur for maintenance or incidents; Akretio tries to keep them short and to warn the Customer of planned maintenance. Support is provided by e-mail at support@kelcommerce.be.
9. Liability
Akretio’s liability is limited to direct and foreseeable damage and capped at the amount paid by the Customer for the Service in the twelve months before the event giving rise to it. Akretio is not liable for indirect damage, such as loss of profit or loss of customers. These limits do not apply in case of wilful misconduct or fraud.
10. Intellectual property
The Service, its software and its themes remain Akretio’s property. The Customer keeps all rights to their content (texts, photos, logos) and grants Akretio the right to host and display it as needed for the Service.
11. End of contract and data recovery
At the end of the contract, the Customer may request by e-mail, within 30 days, an export of their products, orders and customers. After that, Akretio may delete the shop’s data, subject to its legal retention obligations.
12. Changes to the terms
Akretio may change these terms. Any significant change is notified by e-mail at least 30 days before it takes effect; a Customer who refuses it may cancel before that date.
13. Governing law and disputes
These terms are governed by Belgian law. In case of dispute, the parties first seek an amicable solution; failing that, the courts of Nivelles (Belgium) have exclusive jurisdiction.