The following terms and conditions are originally written in the french language,

they are translated here in english for your information only.

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Article 1 - Purpose

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The present terms and conditions apply to sales made by the company la Fabrique aux Dragons (sometimes referred to as ‘the Fabrique’), which creates decorative objects related to the world of fantasy. The full legal notice is available above.

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La Fabrique aux Dragons reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its website. Consequently, the applicable conditions will be those in current effect at the date of use of the site.
 
All orders imply the buyer's full acceptance of these general terms and conditions of sale, without exception or reservation. They therefore declare that they have read them before placing their order.

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Article 2 - Prices

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Prices are given in euros, inclusive of all taxes (VAT not applicable, article 293B of the General Tax Code). They appear on the product sheets and may vary according to the time required to produce them or their format, for example. The prices indicated do not include delivery costs, which are invoiced in addition when the order is finalised.
In the case of orders from outside mainland France, the buyer becomes the importer of the product(s) concerned. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not the responsibility of Fabrique aux Dragons.

They are the sole responsibility of the purchaser and will therefore be at his/her expense, both in terms of declarations and payments to the competent authorities and organisations in the place of import. The buyer is therefore strongly advised to obtain information on these aspects from the local authorities.

All orders, whatever their origin, are payable in euros.

La Fabrique aux Dragons reserves the right to 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 subject to availability.

The products remain the property of the Fabrique until they have been paid for in full.

Finally, the risks of loss or damage to the products are transferred to the buyer upon receipt of the goods.

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Article 3 - Characteristics of the creations

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All the creations of la Fabrique aux Dragons are handmade, one by one. Consequently, each item is unique. Despite the care taken in processing the photos, the colours and contrasts of the products presented may vary slightly depending on the user's screen, the brightness at the time the photo was taken or the actual colours. The items offered may vary slightly from the descriptions or photos presented on the site, and the latter are therefore not deemed to be contractually binding. 

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Article 4 - Order

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• For private indivuals

Individual customers are defined as natural persons ordering on a personal basis, for themselves or as a gift.

La Fabrique aux Dragons only accepts orders placed exclusively on the www.lafabriqueauxdragons.com website. For any information relating to an order placed, the Fabrique provides the buyer with a contact form as well as its e-mail address: lafabriqueauxdragons@gmail.com. Orders placed via this e-mail address will not be taken into account. 

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• For professionals

Are considered professional customers: companies who place an order with the aim of reselling the creations of la Fabrique aux Dragons and companies who place an order with the aim of offering these creations to their employees, their customers or any other natural or legal person. 

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- In the first case, the acquisition of creations from la Fabrique aux Dragons for the purpose of professional resale is subject to the conclusion of a purchase-resale contract. Any sale by a professional outside this context is therefore strictly forbidden. Furthermore, the professional undertakes to comply with the price lists for the various products offered by la Fabrique aux Dragons. Consequently, it is forbidden to sell them at less than their actual value.

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- In the second case, la Fabrique aux Dragons will draw up a quotation, which, once accepted, becomes an order form and engages the buyer's responsibility. Payment is due and no cancellation of order will be accepted. With regard to a possible right of retraction, see dedicated paragraph.

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Article 5 - Order confirmation

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As mentioned above, any order implies the buyer's full acceptance of these general terms and conditions of sale, without exception or reservation. All of the data supplied and the confirmation recorded when an order is placed shall constitute proof of the transaction. The purchaser declares that he/she is fully aware of this. Confirmation of the order will constitute signature and acceptance of the operations carried out. Once the order has been validated, the buyer will receive an electronic invoice, sent by e-mail only.

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Article 6 - Payment

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Once an order has been confirmed, the buyer is obliged to pay for it in full. Purchases can only be paid for by credit card or via PayPal.

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Article 7 - WITHDRAWAL

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• For private indivuals

In accordance with the provisions of article L.121-21 of the French Consumer Code, the buyer has a period of 14 days from receipt of his/her order to exercise his/her right of withdrawal for items purchased online without having to justify his/her decision or pay any penalty. The 14-day period is calculated on the basis of the carrier's tracking, or, if the tracking has not been carried out correctly, on the basis of 5 working days following the date of dispatch. 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). Therefore, no returns or refunds will be made for custom orders. 

 

All requests for returns must be sent by e-mail to lafabriqueauxdragons@gmail.com within a maximum of 14 days following the date of delivery. Any request sent by any other means will not be taken into account.

Returns must be made within 30 days of the delivery date. No returns will be accepted outside this period. Items must be returned in their original condition and complete (packaging, accessories, gifts), allowing them to be sold as new. In this case, the buyer is liable. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. The cost of returning the goods shall be borne by the purchaser. The return address will be sent to the purchaser by e-mail as soon as the possibility of taking back the product has been confirmed.

In the event that the right of withdrawal is exercised, la Fabrique Aux Dragons will reimburse the sums paid, within 14 days of notification of the request, provided that the product is returned within the deadline and in its original condition.

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• For professionals

In accordance with the provisions of article L121-16-1 of the French Consumer Code, in the event that a professional-to-professional sales contract is concluded, the conditions for exercising the right of withdrawal are as follows: 

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- The contract must be concluded off-premises (outside la Fabrique aux Dragons website or various social networks).

- The subject of the contract must not fall within the main field of activity of the company (the Fabrique).

- The client company must have no more than five employees.

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If these conditions are met, the same provisions apply as for private individuals.

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Article 8 - Availability

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La Fabrique aux Dragons creations are available for sale as long as they are visible on the www.lafabriqueauxdragons.com website, while stocks last.

If an item is unavailable after an order has been confirmed, the customer concerned will be informed of the situation by e-mail. The order in question will then be cancelled, and no debit will be made. If a payment had already been made for the unavailable item, it will be refunded in full.

Furthermore, as an artisanal production workshop, la Fabrique aux Dragons reserves the right to refuse any orders it deems abusive.

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Article 9 - Shipping

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Delivery is entrusted to two service providers, the French Post Office or Mondial Relay. If the purchaser has opted for ‘home’ delivery via the French Post Office, the order will be sent to the address given at the time of purchase. If the purchaser has opted for delivery via Mondial Relay, they will be invited by e-mail from this service provider to select the relay point of their choice.

The delivery time is that indicated on the order confirmation page.

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In the event of a mistake when entering delivery information, the buyer has 24 hours to contact la Fabrique aux Dragons at lafabriqueauxdragons@gmail.com. After this time, the order may have been dispatched, and the company cannot be held responsible for any refusal of delivery by its service providers, nor for any loss of the parcel if it is not returned to the sender. It should be noted that if the parcel has already been stamped but not yet dispatched, the cost of re-stamping the parcel is the sole responsibility of the purchaser.

In the event of the parcel being returned due to incorrect information, the cost of re-sending the parcel will be borne entirely by the purchaser, with the exception of the cost of packaging, which was already paid for when the parcel was first sent. If the purchaser prefers to be reimbursed, only the amount of the order, excluding delivery costs, will be refunded.

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In the event of a delay in shipment by la Fabrique aux Dragons, an e-mail will be sent to the purchaser to inform them of any consequences on the delivery time indicated.

All orders are sent with a tracking number, corresponding to a parcel sent via Colissimo or Mondial Relay.

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La Fabrique aux Dragons cannot be held responsible for the loss of a parcel, or for a delay in delivery which would be the consequence of the buyer's unavailability or of an error on the part of the carrier. The tracking number of the order being authentic, if it indicates that the order was delivered, it will be considered as such and no complaint will be taken into account.

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Article 10 - Responsibility

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• In case of purchase on the website

All items for sale on the website are guaranteed against hidden defects.

They are also covered by the two-year legal guarantee of conformity (article L211-4 of the French Consumer Code). Thus, in the event of a defective item, the buyer may request a repair as follows:

- If the defect is due to manufacturing, the cost of return, repair and reshipment shall be borne by la Fabrique aux Dragons. The return costs, advanced by the purchaser, will only be reimbursed on receipt of the products concerned and only after verification that there is no defect other than the initial reason for return.

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- If the defect is due to mishandling, the cost of return and reshipment will be borne by the purchaser; the repair will then be assessed by la Fabrique aux Dragons, which will issue an invoice for the repair. Depending on the complexity of the repair, la Fabrique aux Dragons reserves the right to carry it out free of charge. 

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In the event of abnormal use (prolonged exposure to the elements, for example), la Fabrique aux Dragons cannot be held responsible, but it is possible to repair the product concerned. La Fabrique aux Dragons cannot be held responsible for damage resulting from improper use of the product purchased.

 

Finally, la Fabrique aux Dragons may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, 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 given by the original purchaser to the item that has been resold, it cannot be held responsible for any damage or defect in the said item. Therefore, no claim will be recorded and validated in the case stated.

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Article 11 - Instructions for product returns

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If the purchaser makes use of the right of withdrawal or requests 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, the buyer must ensure that the new packaging prevents any damage to the product. As a minimum, therefore, the products must be returned in sturdy cardboard boxes and protected with newspaper, bubble wrap or any other protective covering designed to prevent damage.

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La Fabrique aux Dragons will send the return address by e-mail in response to the retraction or repair request. Returns with a tracking number are strongly recommended. Indeed, if the purchaser does not opt for a return with a tracking number and the 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 carrier must therefore be communicated to la Fabrique aux Dragons.

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Return of a repaired item to the customer:

Items are always returned with a tracking number. This number is communicated to the customer at the same time as the date on which the Fabrique entrusts the product to the carrier. It should be noted that the provisions of article 9 of these General Terms and Conditions of Sale also apply here, which means that la Fabrique aux Dragons cannot be held responsible for the loss of a parcel, or for a delay in delivery due exclusively to the customer's unavailability, or to an error on the part of the carrier. If the tracking number indicates that the item has been delivered, it will be considered as such and no claim will be taken into account.

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Article 12 - Intellecutal property

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Unless otherwise indicated and with the exception of the video visible on the home page - produced by Benjamin TANTOT (www.benjamin-tantot.com) - the entire content of the www.lafabriqueauxdragons.com website remains the intellectual property of la Fabrique aux Dragons.

All designs, texts and photos are protected by copyright and are therefore the exclusive property of la Fabrique aux Dragons. Total or partial reproduction of this content without prior agreement is strictly prohibited. Any unauthorised use of the site or of any of the elements it contains will be considered to constitute an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code.

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Article 13 - Personal data

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La Fabrique aux Dragons reserves the right to collect nominative information and personal data from its customers. This information is necessary to manage their order(s), as well as to improve the services and information sent to them.

It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders, for their management, execution, processing, payment and delivery.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of 6 January 1978, the user has the right to access, rectify and object to nominative information and personal data concerning him/her, directly on the website.

By placing an order on the shop, the buyer agrees to receive automatic e-mails inviting him/her to leave a customer review within 14 to 30 days of his/her purchase.

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Article 14 - Dispute settlement

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These general terms and conditions of sale are drawn up in French and are subject to the application of French law and French law alone. In the event of disputes or litigation, the competent court will be that of Morlaix (29600).

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, la Fabrique aux Dragons has set up a consumer mediation system. The mediation body chosen is: CNPM - MEDIATION - CONSOMMATION. In the event of a dispute, you may 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.

In addition, the user will find here a link to the European online dispute resolution platform (RLL).

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Article 15 - Data storage

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La Fabrique aux Dragons implements various digital security measures in order to protect and archive order forms, invoices and personal data against destruction, alteration or unauthorised access, on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the French Civil Code. For practical and ecological reasons, invoices issued for each order are sent exclusively by e-mail.

The electronic records of la Fabrique aux Dragons are considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.