LEGAL NOTICES
Terms and conditions of sale concerning
Last updated on
22 November 2024
EI - LE ROUX Alexandre
La Fabrique Aux Dragons
Office : Pleyber-Christ, France.
lafabriqueauxdragons@gmail.com
02.56.19.29.82
Siret : 918 578 261 00011
is hosted by Wix.com
Wix LTD. SA
P.O. Box 40190, San Francisco, CA 94140, USA
TERMS AND CONDITIONS OF SALES
ARTICLE 1 - PURPOSE
The present conditions regulate the sales made by the company la Fabrique aux Dragons (the Dragon Factory), which makes decorative objects related to the world of fantasy. The complete legal notice is available above.
La Fabrique aux Dragons may modify these conditions of sale at any time, in order to comply with any new regulation or to improve the use of its site. Therefore, the applicable conditions will be those in place at the date of the order by the buyer.
ARTICLE 2 - PRICES
The prices of our products are indicated in euros, inclusive of all taxes, and are not subject to VAT (cf. article 293B of the French General Tax Code). They appear on the product sheets for our creations and may differ from one to another depending on the time required to produce them or their format, for example. The prices indicated do not include delivery charges, which are invoiced in addition when the order is finalised. These costs are based on the current rates of our two service providers: La Poste and Mondial Relay.
In case of an order from a country other than metropolitan France, you are, in fact, the importer of the product(s) concerned. Customs duties, other local taxes, import duties or state taxes may be due. These rights and sums are not the responsibility of the company la Fabrique aux Dragons.
They are your own responsibility and you will be responsible for declarations and payments to the competent authorities of your country. We strongly advise you to inquire about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
La Fabrique aux Dragons may modify its prices at any time, but the product will be invoiced on the basis of the price list in effect at the time the order is validated and depending on availability.
The products remain the property of the company la Fabrique aux Dragons until full payment of the price.
In addition, as soon as you (or the beneficiary) take physical possession of the ordered products, the risks of loss or damage of the latter are transferred to you and are no longer the responsibility of the company.
ARTICLE 3 - ORDERS
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For private indivuals
Private customers are physical persons who order for themselves or as a gift.
You can only place an order on www.lafabriqueauxdragons.com. For any information related to one of your orders, the Fabrique aux Dragons provides you with its electronic mailbox: lafabriqueauxdragons@gmail.com. No order placed via this mailbox will be taken into account.
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For professionals
The following are considered as professional customers: companies that place an order with the aim of reselling the creations of la Fabrique aux Dragons; companies that place an order with the aim of offering my creations to their employees, their customers or any other physical or moral person.
The purchase of my products for the purpose of resale on a professional basis without authorization is prohibited. Please contact me to tell me about your project and your needs. We will agree together on the price of the professional sale and establish a specific sales contract.
In case of a purchase-resale contract, it is forbidden to sell the products at a lower price than similar products already available on my online shop. They must at least be sold at the same unit price.
Once the quotation(s) is (are) accepted, it (they) become(become) a purchase order and engage your responsibility. Payment is due and no cancellation of the order will be accepted. Concerning a possible right of retraction, see dedicated paragraph.
ARTICLE 4 - VALIDATION OF YOUR ORDER
Any confirmation of an order implies your full and complete acceptance of these General Terms and Conditions of Sale, without exception or reservation. All the data provided and the recorded confirmation will be considered as proof of the transaction. You declare that you are fully aware of them. The order confirmation will be considered as a signature and acceptance of the operations carried out.
ARTICLE 5 - PAYMENT
The fact of validating your order implies for you the obligation to pay the indicated price. The payment of your purchases is made by credit card only.
ARTICLE 6 - WITHDRAWAL
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For private indivuals
In conformity with the provisions of article L.121-21 of the French Consumer Code, you have a 14-day withdrawal period from the date of receipt of your products - the date of delivery provided by the Post Office being taken as proof - to exercise your right of withdrawal on items purchased online without having to justify your reasons or pay any penalty. The 14-day period is counted according to the carrier's tracking, or, in case the tracking has not been properly done, counted from 5 working days after the date of shipment. The right of withdrawal also applies to products that are on sale, second-hand or out of stock, but does not apply to custom-made products (in accordance with Article L 121-20-2 of the French Consumer Code): No returns or refunds will be made for custom orders.
An e-mail must be sent to the address: lafabriqueauxdragons@gmail.com to indicate your request for return, and this within a maximum of 14 days following the delivery date. Any request sent via social networks will not be taken into account.
Returns must be made within 30 days of the delivery date. No returns will be accepted outside of this period. Items must be returned in their original condition and complete (packaging, accessories, gifts). In this case, you are responsible. Any damage suffered by the product on this occasion may be such as to invalidate the right of withdrawal. You are responsible for the return costs.
In the event of exercising the right of withdrawal, the company la Fabrique Aux Dragons will refund the sums paid, within 14 days following notification of your request, and on condition that the product is returned within the time limit and in its original condition.
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For professionals
If a contract of sale from a professional (myself) to a professional (the buyer) is concluded, the conditions to use the right of withdrawal are the following:
(1) the contract must be concluded off-premises (outside my social networks, or my online shop);
(2) the object of the contract must not fall within the company's main field of activity;
(3) the number of employees of the client company must be less than or equal to five.
According to Article L121-16-1 of the French Consumer Code.
ARTICLE 7 - AVAILABILITY
Our products are offered as long as they are visible on www.lafabriqueauxdragons.com and within the limits of available stocks.
If a product is not available after you have placed your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.
Furthermore, the company does not intend to sell its products in large quantities. Consequently, la Fabrique aux Dragons may reject orders that it considers too large.
ARTICLE 8 - SHIPPING
The products are shipped to the address given during the order process (or to the address of the relay point that you will have to choose when you receive the email inviting you to do so), within the time period indicated on the order validation page.
For any error in the delivery information given when placing your order, la Fabrique Aux Dragons invites you to contact us within 24 hours. Once this period has elapsed, your order is likely to have been dispatched and the company will not be held responsible for the refusal of delivery by the Post Office or Mondial Relay, nor for the risks of loss in case it is not returned to its sender.
In case of return of the parcel due to an incorrect address, the costs of reshipment are entirely at your expense, except for the packaging costs, which have already been paid for in the first shipment. If you prefer to be refunded, only the amount of the order excluding shipping costs will be refunded.
In the event of a delay in shipment by La Fabrique aux Dragons, an e-mail will be sent to you to inform you of the possible consequences on the delivery time indicated.
All orders are sent with a tracking number, corresponding to a package sent via Colissimo or Mondial Relay.
La Fabrique aux Dragons cannot be held responsible for the loss of a parcel, or for a delay in delivery due exclusively to the client's unavailability, or to an error on the part of the carrier. If the order tracking number indicates that the order has been delivered, it will be considered as such and no claim will be taken into account.
ARTICLE 9 - RESPONSIBILITY
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In case of purchase on the website
All items for sale on the site are covered by the warranty against hidden defects.
They are also covered by the two-year legal guarantee of conformity (article L211-4 of the French Consumer Code). In the event of a faulty item, you can ask for it to be repaired as follows:
- If the defect is due to manufacturing, the cost of return, repair and reshipment will be borne by us. The cost of returning the goods, which you have paid in advance, will only be reimbursed on receipt of the goods and only after verification that there is no defect other than the original reason for the return.
- If the defect is the result of improper treatment, you will be responsible for the cost of returning and resending the item; the repair will then be evaluated by the factory and an invoice will be sent to you. Depending on the complexity of the repair, la Fabrique aux Dragons keeps the right to carry it out free of charge.
In the event of damage due to abnormal use (prolonged exposure to the bad weather, for instance), la Fabrique aux Dragons shall not be held liable, but we may proceed with the repair of the product concerned. La Fabrique aux Dragons shall not be held responsible for any damage resulting from improper use of the product purchased.
Finally, la Fabrique aux Dragons cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses.
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In case of purchase of a new or used part from a private person (such as resale through Vinted or a similar platform):
As La Fabrique aux Dragons has no control over the care taken by the original purchaser of the item being resold, it cannot be held responsible for any damage or defect in the said item. Thus, no claim will be registered and validated in the case stated.
ARTICLE 10 - INSTRUCTIONS FOR PRODUCT RETURNS
If you make use of the right of withdrawal or request a return for repair, the product(s) concerned must be returned in their original packaging (cardboard with inner protections). However, if this is not possible, you must ensure that the new packaging prevents any damage to the product. As a minimum, you must therefore return the products in sturdy cartons and protect them with newspaper, bubble wrap, or any protective covering designed to prevent damage.
La Fabrique aux Dragons will send you the return address by e-mail in response to your request for retraction or repair. Returns with a tracking number are strongly recommended, as if you do not opt for a return with a tracking number and your shipment does not reach la Fabrique aux Dragons, the company cannot be held responsible and no refund or new manufacture will be made. The tracking number and the carrier must therefore be communicated to me.
Return of a repaired item to the customer:
Items will always be returned with a tracking number. This number will be communicated to the client at the same time as the date on which the factory has entrusted the product to the carrier. It should be noted that the provisions of Article 8 of these General Terms and Conditions of Sale also apply here, which implies that the company la Fabrique aux Dragons cannot be held responsible for the loss of a parcel, or for a delay in delivery due exclusively to the client's unavailability, or to an error on the part of the carrier. If the tracking number indicates that the order has been delivered, it will be considered as such and no claim will be taken into account.
ARTICLE 11 - INTELLECTUAL PROPERTY
All elements of the www.lafabriqueauxdragons.com website, as well as those published on the various social networks (Facebook, Instagram, Twitter, TikTok, etc.) and other associated sites, are and remain the exclusive intellectual property of la Fabrique aux Dragons, except for the video on the homepage, by Benjamin TANTOT (www.benjamin-tantot.com). No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, the elements visible on these sites, whether in the form of a photo, logo, visual or text.
All creations are subject to French copyright law since their conception. Any unauthorised use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the Intellectual Property Code.
ARTICLE 12 - PERSONAL DATA
La Fabrique aux Dragons keeps the right to collect personal information and data about you. This information is required to manage your order, as well as to improve the services and information we send you.
It may also be transmitted to companies that contribute to this interaction, such as those responsible for the execution of services and orders, for their management, execution, processing, payment and delivery.
This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations.
In conformity with the law of 6 January 1978, you have the right to access, rectify and oppose any personal information and data concerning you, directly on the website.
By placing an order on the shop, you agree to receive automatic e-mails inviting you to leave a customer review within 14 to 30 days after your purchase.
ARTICLE 13 - DISPUTE SETTLEMENT
The present General Conditions of Remote Sale concern a French company and are therefore subject to French law and only to French law. In the event of disputes or litigation, the competent court will be the one of Morlaix (29600).
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, our company has set up a consumer mediation system. The mediation body chosen is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you can submit your claim on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 Avenue de la Libération 42400 SAINT-CHAMOND.
You will also find hereafter a link to the European Online Dispute Resolution (ODR) platform.
ARTICLE 14 - DATA STORAGE
La Fabrique aux Dragons will archive order forms and invoices on a reliable and durable medium that constitutes a true copy in accordance with the provisions of Article 1348 of the French Civil Code. For ecological reasons, when you place your order you will receive an electronic invoice sent by e-mail only.
The computerised records of the company la Fabrique aux Dragons will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
PRIVACY POLICY
Last update date: 05/05/2023
In virtue of article 6 of the french law n° 2004-575 of 21 June 2004 for confidence in the digital economy, the identity of the various parties involved in the creation and monitoring of the site www.lafabriqueauxdragons.com is specified to the users:
Owner : EI - LE ROUX Alexandre - La Fabrique Aux Dragons
SIRET : 918 578 261 00011
Postal address: 2 Rue Parmentier, Apt B, 29410 PLEYBER-CHRIST, France
Creator: LE ROUX Alexandre
Responsible for publication: LE ROUX Alexandre
Le responsable publication est une personne physique ou une personne morale.
Webmaster : LE ROUX Alexandre
Hosted by: Wix.com Inc. – 500 Terry A François Blvd San Francisco, CA 94158
Photo credit: LE ROUX Alexandre
Because we care about the privacy of our website users, we are committed to protect the information that users share with us when using our services (or "digital properties"). We are fully committed to protect and use this information in accordance with the applicable law.
This Privacy Policy describes our practices regarding the gathering, use and disclosure of such information through our digital properties.
Before accessing or using any of our services, please read this privacy policy carefully and make sure you fully understand our practices regarding your information. Use of our services constitutes acceptance of our privacy policy and any amendments thereto, and if you object to our privacy policy, you should immediately cease all use of our digital properties and services.
Explanations of the following questions are provided below:
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The information we collect
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How we collect information
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Why we collect information
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Who we share the information with
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Where the information is stored
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How long we keep the information
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How the information is protected
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Changes or updates to the privacy policy
THE INFORMATION WE COLLECT
Below are the different types of information we may collect:
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Non-personally identifiable information, which may be provided by you during the registration process or collected when you use our services. This information, known as "non-personal information", does not allow us to identify the person from whom it was collected. It consists primarily of technical information and aggregate usage information.
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Individually identifiable information, meaning information that identifies you or that can, with reasonable effort, identify you. This information, known as "personal information", includes your first and last name, e-mail address, postal address, telephone number, IP address or other information requested whenever necessary. If we combine personal information with non-personal information, we will treat the combined information as personal information for as long as it remains combined.
To request a copy or deletion of your personal data, you can contact us by e-mail at lafabriqueauxdragons@gmail.com.
HOW WE COLLECT INFORMATION
We collect information when you fill in our contact forms, newsletter forms and when you reserve/purchase one of our products. Below are the main methods we use to collect information:
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When you visit our digital properties or use our services, we may collect and record such usage, sessions and related information.
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We also collect information that you voluntarily provide to us. For example, we collect the information you provide when you contact us directly through any communication channel (for example, when you send us an e-mail containing a comment or feedback).
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We may collect information from third party sources as described below.
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We collect the information you provide to us if you connect to our services through third party services such as Facebook or Google.
WHY WE COLLECT INFORMATION
We use your personal information for the following purposes:
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To provide, develop, customise and improve our services
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To personalise your experience, meet your individual needs and provide support
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To analyse demand and usage patterns
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For other internal, research or statistical purposes
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To enhance our data security and fraud prevention capabilities
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To investigate potential violations, enforce our terms or policies, or comply with any applicable law, regulation, or government authority.
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To send you updates, notices, promotional materials and other information about our services. If we send you promotional emails, you may opt out of receiving them by clicking on the unsubscribe link in the email.
In any case, la Fabrique aux Dragons only collects personal information about the user for the purpose of certain services offered by the www.lafabriqueauxdragons.com website. The user provides this information with full knowledge, in particular when he/she enters it. It is then specified to the user of the site whether or not he/she is required to provide this information.
In conformity with the provisions of articles 38 and following of the french law 78-17 of January 6, 1978 relating to data processing, files and freedoms, any user has a right of access, rectification and opposition to personal data concerning him, by making a written and signed request, accompanied by a copy of the identity card with signature of the holder of the document, specifying the address to which the answer must be sent.
WITH WHOM WE SHARE INFORMATION
We are the sole owners of the information collected on our site. Your personal information will not be sold, traded, transferred, or given to third parties without your consent. This does not include trusted third parties who assist us in operating our website or conducting our business, so long as those parties agree to keep this information confidential. Also, we may share your information with our service providers, in order to operate our own services ( for instance, storing information on third party hosting services, providing our technical support, passing your details to the carrier for shipment of your orders etc.)
WHERE INFORMATION IS STORED
La Fabrique aux Dragons, as well as our trusted partners and service providers, are located around the world. Any non-personal information we collect is stored and processed in various jurisdictions for the purposes detailed in this Privacy Policy.
HOW LONG INFORMATION IS KEPT
Please note that we retain the information we collect for as long as necessary to provide our services and to comply with our legal or contractual obligations to you, resolve disputes and enforce our agreements.
We may correct, supplement or delete incomplete or inaccurate information at any time at our sole discretion.
HOW INFORMATION IS PROTECTED
The hosting service provides us with the online platform that enables us to provide our services to you. Your data may be stored via our hosting provider's data storage, database or general purpose applications. They store your information on secure servers behind a firewall and offer secure HTTPS access to most of their services.
All direct payment gateways offered by Wix Hosting and used by us comply with the standards set forth by PCI-DSS, as administered by the PCI Security Standards Council, which is a joint effort of companies such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure processing of credit card information by our shop and its service providers, including physical, electronic, and procedural measures.
Regardless of the efforts and measures we and our host take, we cannot and do not guarantee the absolute protection and security of any information you upload, post or otherwise share with us or anyone else. We encourage you to set strong passwords and to avoid providing us or anyone else with sensitive information the disclosure of which you believe could cause you substantial or irreparable harm. In addition, because e-mail and instant messaging are not recognized as secure forms of communication, we encourage you not to share sensitive information through these methods.
We also protect your information offline. Only authorized members of the company who need to perform a specific job (for example, billing or member services) have access to personally identifiable information. The computers and servers used to store personally identifiable information are kept in a secure environment by our hosting company.
Our host also has its own privacy policy regarding the use of your data. You can find it on this page.
CHANGES OR UPDATES TO THE PRIVACY POLICY
We may revise this Privacy Policy from time to time at our sole discretion, and the most current version will always be posted on our website. We encourage you to periodically review this Privacy Policy for any changes.