ARTICLE 1 - PURPOSE

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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.

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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.

 

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ARTICLE 2 - PRICES

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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.

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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.

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ARTICLE 4 - VALIDATION OF YOUR ORDER

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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.

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ARTICLE 5 - PAYMENT

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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.

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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. 

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ARTICLE 7 - AVAILABILITY

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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.

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ARTICLE 8 - SHIPPING

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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.

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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.

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ARTICLE 10 - INSTRUCTIONS FOR PRODUCT RETURNS

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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.

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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.

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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.

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ARTICLE 11 - INTELLECTUAL PROPERTY

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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. 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.

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ARTICLE 12 - PERSONAL DATA

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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.

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ARTICLE 13 - DISPUTE SETTLEMENT

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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.

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ARTICLE 14 - DATA STORAGE

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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.