Terms of sale
General Terms and Conditions of Sale and Use
- – SELLER IDENTIFICATION
These General Terms and Conditions of Sale are published by the sole proprietorship Margaux LOLLI – include a link to the legal notice.
- – PRODUCT DESCRIPTION
Through the website antredudragondairain.com, the SELLER offers for sale artistic creations, figurines depicting dragons, and other artistic creations related to the world of dragons, such as jewelry, skulls, and dragon eggs.
- – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, on the one hand to any use of the website antredudragondairain.com, and on the other hand to any sale of products concluded on the website antredudragondairain.com.
These General Terms and Conditions of Sale are available on the website antredudragondairain.com and shall prevail, where applicable, over any other version or conflicting document, with the exception of specific terms negotiated and agreed upon between the user and the SELLER. The SELLER reserves the right to modify the General Terms and Conditions of Sale at any time.
The customer’s confirmation of the order—by checking the box provided for this purpose, thereby acknowledging that they have read and accepted these terms and conditions before placing the order—constitutes unconditional acceptance of these General Terms and Conditions of Sale. The customer also acknowledges having received, prior to placing any order, sufficient information and advice from the SELLER to enable them to ensure that the products offered are suitable for their own needs.
The customer declares that they have the legal capacity to enter into contracts under French law and, where applicable, are validly authorized by the company on whose behalf they are making the purchase.
Unless proven otherwise, the data recorded by the website antredudragondairain.com constitutes proof of all facts, acceptances, and transactions.
These General Terms and Conditions of Sale apply to any user or customer who meets the definition of a consumer and a non-professional within the meaning of the French Consumer Code, namely:
Consumer: “any natural person acting for purposes that fall outside the scope of their commercial, industrial, artisanal, or professional activity”;
Non-professional: “any legal entity not acting for professional purposes.”
- - DEFINITIONS
In these General Terms and Conditions of Sale, unless the context requires a different interpretation, the following terms are defined as follows, whether used in the singular or plural:
GTC
These General Terms and Conditions of Sale.
SELLER
Margaux LOLLI - ANTRE DU DRAGON D’AIRAIN
SITE
Website antredudragondairain.com
PRODUCTS
All goods offered for sale on the SITE.
CUSTOMER
Any person with full legal capacity wishing to order one or more PRODUCTS.
PARTY
In the plural, refers jointly to the CUSTOMER and the SELLER;
In the singular, refers to the CUSTOMER or the SELLER, depending on the context.
ORDER
The act by which the CUSTOMER agrees to purchase one or more PRODUCTS from the SELLER and to pay the price thereof.
DELIVERY
Transfer to the CUSTOMER of physical possession or control of the ordered PRODUCT.
- – PRODUCT SPECIFICATIONS
The SELLER is subject to an obligation of means regarding the information made available to CUSTOMERS.
The essential characteristics of each PRODUCT are described in greater detail in the information sheets attached to each PRODUCT and available on the WEBSITE. The CUSTOMER agrees to read this information carefully before placing an ORDER on the WEBSITE.
The SELLER takes all necessary measures to ensure the reliability of this information on its WEBSITE. Despite regular checks and updates, the SELLER shall not be held liable for any technical inaccuracies, typographical errors, or omissions that the content of the WEBSITE may contain.
The CUSTOMER acknowledges that the photographs, information, and visuals of the products presented on the WEBSITE are not contractually binding. Photographs may differ slightly from the actual product, particularly due to the display settings of the computer or mobile phone used.
- – PRODUCT PRICES
The prices of the PRODUCTS displayed on the SITE are listed in U.S. dollars (USD), inclusive of all taxes (VAT applicable as of the date of the ORDER) and exclusive of shipping costs. Price offers are valid, except in the case of obvious typographical errors, provided the prices appear online on the SITE as of the date of the ORDER.
The price indicated in the ORDER confirmation includes the price of the PRODUCTS covered by the ORDER and shipping costs. Shipping costs vary depending on the shipping method selected.
The price is payable in full on the day the ORDER is placed.
The SELLER may change PRODUCT prices at any time. Price changes will take effect only as of the date they appear on the SITE.
The French VAT rate in effect on the date the ORDER is placed applies to all invoices issued by the SELLER.
- – ORDER PROCESS
Selecting PRODUCTS
The CUSTOMER selects PRODUCTS by browsing the pages of the SITE. The CUSTOMER chooses the PRODUCT(S) of their choice by clicking on the relevant PRODUCTS and selecting the desired quantities.
When a PRODUCT is selected, it is placed in a virtual shopping cart. The CUSTOMER may add as many PRODUCTS as they wish to their shopping cart, subject to availability. Adding a PRODUCT to the shopping cart does not reserve it, and it remains available to other users of the SITE until the ORDER is confirmed.
At any time while browsing the SITE, the CUSTOMER can access their virtual shopping cart by clicking on the “shopping cart” icon. A summary page will then appear, displaying all the PRODUCTS in the virtual shopping cart that are included in the ORDER.
The CUSTOMER verifies that the contents of the ORDER are correct. They may remove one or more PRODUCTS from their ORDER and modify the quantities of the PRODUCTS ordered, then confirm the contents of the shopping cart.
The CUSTOMER can then proceed through the steps using a CUSTOMER account or directly by entering the requested information, as it is not necessary to have a CUSTOMER account to place an ORDER.
Logging In via a CUSTOMER Account
The CUSTOMER is required to fill out a form with their personal and contact information to create an account.
The information the CUSTOMER provides to the SELLER when placing an ORDER must be complete, accurate, and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity and the information provided.
CUSTOMERS with an account can confirm their ORDER by entering their username and password.
ORDER Confirmation
Once the CUSTOMER has confirmed the contents of their shopping cart and logged in, a summary page of their ORDER will appear, listing the PRODUCTS, their quantities, prices, and applicable taxes.
The CUSTOMER must provide all information necessary for billing and DELIVERY of the PRODUCTS, including information needed to calculate DELIVERY charges.
The CUSTOMER is asked to verify the information regarding their ORDER (including the quantity and characteristics of the PRODUCTS ordered, the DELIVERY charges based on the selected delivery method, the DELIVERY address, the billing address, the payment method, and the price) and to correct any errors before confirming the order.
Before proceeding to payment, the CUSTOMER is asked to read these Terms and Conditions and to confirm their acceptance by checking the box “I have read and accept the Terms and Conditions.”
The CUSTOMER agrees to pay the price of the PRODUCTS, any applicable taxes, and the DELIVERY charges.
ORDER Confirmation
Once all the steps described above have been completed, a page will appear on the WEBSITE confirming receipt of the CUSTOMER’s ORDER.
The contractual information summarizing all the terms of the ORDER (including the selected PRODUCTS, the price and DELIVERY charges, the CUSTOMER’s identity, and the DELIVERY address) will be sent by the SELLER to the CUSTOMER via email, provided that the CUSTOMER has provided a valid email address that is not subject to usage restrictions (for example, a work email address). In such a case, the SELLER shall not be held liable for the
sending contractual and/or promotional information to an email address with restricted access.
The date the SELLER sends the ORDER confirmation constitutes the date of sale. Unless otherwise specified, the timeframes mentioned on the WEBSITE or in the Terms and Conditions begin on this date.
The SELLER does not send any ORDER confirmation by regular mail or fax.
The SELLER reserves the right to refuse the ORDER for a legitimate reason (as defined by case law), including (but not limited to) the unavailability of an ordered PRODUCT, delivery is impossible, the CUSTOMER makes an unreasonable request, there is a presumption that the CUSTOMER is unable to enter into a contract, the CUSTOMER has a clear intent to cause harm to the SELLER, or there is an unresolved dispute with the CUSTOMER regarding a prior transaction as of the date of the ORDER.
The SELLER also reserves the right to refuse the ORDER in the event of an obvious typographical error resulting in the display of an incorrect price at the time the ORDER is placed by the CUSTOMER.
The data recorded by the SELLER constitutes proof of the nature, content, and date of the ORDER. It is archived by the SELLER in accordance with legal requirements and timeframes. The CUSTOMER may access these records by sending an email to contact@antredudragondairain.fr or by logging into their account and viewing their purchase history.
Any questions the CUSTOMER may have regarding the ORDER must be directed to the SELLER at the customer service email address contact@antredudragondairain.fr. Any requests regarding the ORDER made through other channels, particularly via social media, will be ignored.
- – PAYMENT AND BILLING
An ORDER placed on the SITE obligates the CUSTOMER to pay the full price.
Payment Methods
The CUSTOMER agrees to pay the price of the ordered PRODUCTS, as well as any applicable taxes and SHIPPING fees, securely by debit or credit card (Mastercard, Visa, etc.), by bank transfer, or via the following services: PayPal, Bancontact, and Oney Bank.
PayPal: PayPal allows any individual or business to send and receive online payments simply, quickly, and securely. With PayPal, the CUSTOMER’s financial information is never shared with the SELLER. Credit card numbers and related information are encrypted and protected. The CUSTOMER simply needs to enter their email address and password when paying for the ORDER. For more information, the CUSTOMER may visit the following website: https://www.paypal.com.
Oney: A payment solution offering interest-free financing through Oney Bank under certain conditions, available for purchases between $100 and $3,000. See the terms and conditions on the website www.oney.fr.
Bancontact: Online payment solution. See the terms and conditions on the website www.bancontact.com.
Payment Security
To help combat online payment fraud and contribute to consumer protection, the SELLER has implemented various payment security procedures on its website.
The SELLER advises the CUSTOMER that, as part of its payment security measures, no SELLER employee will contact the CUSTOMER directly to request personal information, including details regarding their credit card information, IBAN, etc.
The occurrence of an unpaid balance due to fraudulent use of a credit card or other payment method will result in the details associated with this unpaid balance being recorded on the relevant order—“payment incident.” An irregular declaration or anomaly may also be subject to specific processing.
Payment Date
Payments are debited on the day the ORDER is confirmed by the CUSTOMER, unless a payment schedule has been agreed upon with the SELLER.
In the case of PRODUCTS, if a partial DELIVERY occurs, the total amount will be debited from the CUSTOMER’s account.
Payments made by the CUSTOMER will not be considered final until the amounts due have actually been received. A payment confirmation will be sent to the CUSTOMER via email. The payment confirmation may be included in the ORDER confirmation.
Delay or Refusal of Payment
If the bank refuses to process a charge to a card or any other payment method, the CUSTOMER is required to contact the SELLER via the contact form to pay for the ORDER using any other valid payment method.
In the event that, for any reason whatsoever (dispute, refusal, or other cause), the transfer of the amount owed by the CUSTOMER proves impossible, the ORDER will be canceled and the sale automatically terminated.
The SELLER reserves the right to cancel an ORDER for any legitimate reason, including in cases of suspected fraud or unpaid invoices.
The SELLER is not obligated to deliver the PRODUCTS ordered by the CUSTOMER if the CUSTOMER fails to pay the full price in accordance with the terms set forth above.
Furthermore, in the event of non-compliance with the payment terms set forth above, the SELLER reserves the right to suspend or cancel the DELIVERY of pending ORDERS.
Invoicing
An invoice stating the ORDER number is automatically sent to the CUSTOMER in PDF format to the email address provided by the CUSTOMER when placing the ORDER. The invoice is also available for download in the CUSTOMER’s personal account on the WEBSITE. The SELLER does not issue paper invoices.
Neither the order form that the CUSTOMER fills out online nor the order confirmation that the SELLER sends to the CUSTOMER via email constitutes an invoice.
- – DELIVERY
DELIVERY Terms
The PRODUCTS offered are delivered to the following regions:
- Europe;
- South America;
- United States;
- Canada;
- Australia.
The PRODUCTS ordered are delivered according to the option selected by the CUSTOMER when placing their ORDER:
- to the shipping address provided during the ORDER process for deliveries via Colissimo. The CUSTOMER must ensure that the address provided is accurate and complete. The SELLER shall not be held liable for any errors in the address provided by the CUSTOMER.
- to the pickup location chosen by the CUSTOMER (for deliveries in France).
Shipments are handled by the French company La Poste Colissimo up to the French border. Packages are then handled by the postal service of the destination country.
The rates applied are those of Colissimo/Delivengo and are calculated based on the package’s weight and the delivery zone.
Rates can be viewed on the website www.laposte.fr
Shipping to the United States
Effective October 15, 2025, orders placed by customers located in the United States will be processed differently from standard international shipments.
Due to new U.S. customs regulations and the suspension of commercial shipments via Colissimo, L’Antre du Dragon d’Airain is now partnering with the independent artist ArtWithRobots, based in the United States.
Consequently:
- Orders placed from the United States can be produced, packaged, and shipped directly from the United States by ArtWithRobots;
- No customs duties or import fees apply upon receipt of the package;
- Delivery times may vary depending on material availability and local production schedules;
- After-sales service and order management will continue to be handled by L’Antre du Dragon d’Airain (France), which remains the customer’s sole point of contact.
Orders placed before October 15, 2025 may still be shipped from France in accordance with the terms and conditions in effect at the time of purchase.
Production and Delivery Times
The delivery times applicable to PRODUCT ORDERS are those indicated at the time of the ORDER, prior to its confirmation.
As a reminder, here are the processing times until shipment:
- Delivery time for jewelry—pendants: one to two weeks.
- Delivery time for figurines: Due to the handcrafted nature of the product and the number of orders, figurines are automatically placed on a waiting list for production.
- The wait time varies depending on the number of orders at the time the ORDER is placed. This wait time is currently approximately 3 months. The CUSTOMER is duly informed of this wait time at the time of the ORDER and will be notified when the PRODUCT is shipped.
To ensure transparency in the information provided to the CUSTOMER, the SELLER makes updated tables regarding the waiting list and shipping times available on its WEBSITE.
Since the CUSTOMER is fully informed of the delivery times at the time of placing the ORDER and throughout the manufacturing process, the CUSTOMER may not, under any circumstances, cancel the ORDER due to these delays and, consequently, request a refund from the SELLER.
Once the ORDER is finalized, it is shipped.
The CUSTOMER is notified by email when the ordered PRODUCTS are shipped, provided that the email address provided by the CUSTOMER when placing the ORDER is correct. This confirmation email contains a tracking number that allows the CUSTOMER to track the progress of the DELIVERY.
Starting from the date of shipment, delivery times are as follows (in business days):
- 3 to 6 business days via Colissimo home delivery in France;
- 7 to 13 business days on average for Delivengo;
- a minimum of 15 business days via Colissimo International. After 30 days, the CUSTOMER may file a claim with La Poste: www.laposte.fr
These delivery times may vary depending on the delivery location, the selected delivery method, and the quantity of PRODUCTS ordered. In the event of a DELIVERY delay, the SELLER agrees to make every effort to keep the CUSTOMER informed of the situation.
The SELLER shall not be held liable for delivery delays:
- when the cause of the delay is not attributable to the SELLER;
- when the cause of the delay is due to a force majeure event.
Delivery and Non-Receipt by the Customer
“The Customer is required to provide an accurate, complete, and accessible delivery address, and to ensure that they are present or have a representative available at the time the package arrives. If the package is returned to the sender due to a fault attributable to the Customer (including repeated absence, refusal of delivery, or an incorrect or incomplete address), the Seller reserves the right to:
- cancel the order or consider it terminated, without any obligation to issue a refund;
- require payment of return and/or reshipment fees prior to any new shipment, with these fees to be borne by the Customer. This clause applies only when the failure to receive the package is entirely attributable to the Customer and provided that this rule has been brought to the Customer’s attention in these General Terms and Conditions of Sale and accepted at the time of the order.”
Verification of DELIVERY
Upon receipt of the ORDER, the CUSTOMER is required to verify the condition of the PRODUCT’s packaging as well as the contents of the delivered PRODUCTS.
Any issue regarding the DELIVERY (namely, missing or damaged products, damaged packages, packages that have already been opened, or incomplete packages) must be reported to customer service within fourteen (14) days of receiving the PRODUCTS by sending an email to contact@antredudragondairain. fr along with all supporting documentation (including photographs). Any claim for damage occurring during shipping must be reported to the carrier with reservations within 48 hours and accompanied by photographs. After this period, no recourse may be taken against the seller.
With the exception of claims based on statutory warranties, as described below, any claim made after a period of fourteen (14) days following receipt of the PRODUCTS will be deemed inadmissible, and the SELLER shall not be held liable.
With regard to the packaging of the PRODUCTS, the SELLER takes the utmost care in packaging the PRODUCTS to ensure their protection during shipping. Specifically:
- Pendants are packed in their cases and shipped in bubble wrap envelopes for international shipments or in cardboard mailing boxes padded with polystyrene for shipments within France.
- Large figurines are disassembled into several parts, typically the wings, head, body, tail, and base.
- Each piece is individually wrapped. The figurines are shipped in double-walled cardboard boxes filled with polystyrene chips, and protective foam may be added for the most fragile parts.
Labels marked “FRAGILE” are always affixed to the package.
If the package is returned to the sender for reasons attributable to the Customer (absence at the time of delivery, refusal to accept the package, incorrect address, or failure to pick up the package within the specified time frame), and provided that the order was manufactured and shipped in accordance with these General Terms and Conditions of Sale, the Seller shall be deemed to have fully fulfilled its contractual obligations.
In this case, the order may be considered canceled without any refund being due to the Customer.
The Customer may request a reshipment at their own expense within 30 days of the package’s return. After this period, the Seller is free to dispose of the product as it sees fit.
Information: Customs Fees for International SHIPMENTS
Customs fees are taxes and duties levied by the customs authorities of countries on goods imported and exported across their borders. These fees can vary considerably depending on the type of product, its value, its origin, and its destination. Here are some key points to consider regarding customs fees:
- Purpose: Customs duties serve several purposes, including protecting the local economy, regulating the market, protecting the environment, and generating revenue.
Calculation:
- Customs duties can be calculated in various ways, often as a percentage of the value of the goods (ad valorem), but also based on weight or quantity. The value is determined based on the commercial invoice for the goods, to which transportation and insurance costs are sometimes added.
- Customs Tariffs: Customs tariffs vary depending on trade agreements between countries and product classifications under the Harmonized System of Nomenclature and Coding of Goods (HS). Products are classified into different categories, each with its own customs tariff.
- Exemptions and Reductions: Some countries grant exemptions or reductions in customs duties for imports from countries with which they have concluded free trade agreements, or for certain types of goods such as commercial samples or personal effects valued below a certain threshold.
- Procedure: Importers must declare their goods to customs, provide the appropriate documents (commercial invoice, packing list, etc.), and pay the estimated customs duties. In some cases, an inspection of the goods may be required.
- Consequences of Non-Payment: Failure to pay customs duties may result in penalties, delivery delays, confiscation of the goods, or even legal action.
- Refund: Under certain circumstances, customs duties may be refunded, for example, if the goods are re-exported after importation or if there is an error in the calculation of duties.
It is essential that businesses and consumers familiarize themselves with the customs fees applicable to their international transactions in order to avoid unexpected costs and delays.
Customs duties may apply to shipments outside the European Union.
The application of customs duties is unpredictable and is in no way related to the SELLER, who cannot be held liable in this regard. The SELLER wishes to draw your attention to these rules.
- – PRODUCT AVAILABILITY
Due to the nature of the PRODUCTS, which are handmade, one by one, the SELLER does not maintain any inventory of its PRODUCTS, or only a very limited inventory in the case of pendants.
In this context, the SELLER manufactures the PRODUCTS, with a few exceptions, in the order in which ORDERS are received.
Reminder: To provide transparent information to the CUSTOMER, the SELLER makes updated tables regarding lead times and shipping times available on its website.
The CUSTOMER can thus track the status of their order by entering their ORDER number.
If the CUSTOMER decides to cancel their ORDER for unavailable PRODUCTS, they will be refunded all amounts paid for the unavailable PRODUCTS as soon as possible.
- – TRANSFER OF OWNERSHIP AND RISK
Retention of Title
The SELLER retains ownership of the delivered PRODUCTS until they have been paid for in full by the CUSTOMER.
Transfer of Risk
The risk of loss or damage to the delivered PRODUCTS is transferred to the CUSTOMER at the moment the CUSTOMER, or a third party designated by the CUSTOMER, takes physical possession of them.
- – SELLER’S LIABILITY – WARRANTIES
The PRODUCTS sold on the SITE comply with current regulations in France.
The PRODUCTS supplied by the SELLER are automatically covered, in accordance with legal provisions and at no additional cost, regardless of the right of withdrawal:
- the statutory warranty of conformity, for a PRODUCT that has an apparent defect, is damaged, or does not correspond to the ORDER,
- the statutory warranty against latent defects resulting from a defect in material, design, or workmanship affecting a delivered PRODUCT and rendering it unfit for the use for which it is reasonably intended, or which diminishes such use to such an extent that the CUSTOMER would not have purchased it, or would have paid only a lower price, had they been aware of it.
To exercise these rights, the CUSTOMER must notify the SELLER in writing of the nonconformity of the PRODUCT(S) or the existence of hidden defects.
The Statutory Warranty of Conformity – Articles L217-1 et seq. of the Consumer Code
This warranty applies only to the CUSTOMER who meets the legal definition of a consumer, namely: “any natural person acting for purposes that fall outside the scope of their commercial, industrial, artisanal, or professional activity.”
When invoking the statutory warranty of conformity, the CUSTOMER has a period of two years from the DELIVERY of the ordered PRODUCTS to assert their rights. The CUSTOMER is not required to provide proof of the existence of the lack of conformity as of the date of DELIVERY of the PRODUCTS; the burden of proof rests with the SELLER.
The CUSTOMER may choose between repair or replacement of the PRODUCT, subject to the cost conditions set forth in Article L.217-9 of the Consumer Code (the SELLER may not honor the CUSTOMER’s choice if that choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the severity of the defect).
If repair or replacement of the PRODUCT proves impossible, or if the requested remedy cannot be provided within one month of the CUSTOMER’s complaint, or if such remedy cannot be obtained without significant inconvenience to the CUSTOMER, given the nature of the PRODUCT and its intended use, the CUSTOMER may then return the PRODUCT and receive a refund, or keep the PRODUCT and receive a partial refund .
The application of the statutory warranty of conformity is free of charge for the CUSTOMER. The SELLER will cover all costs associated with repairing, replacing, and returning the PRODUCT.
Warranty Against Hidden Defects—Articles 1641 et seq. of the Civil Code
When invoking the warranty against hidden defects in the PRODUCT pursuant to Article 1641 of the Civil Code, the CUSTOMER has a period of two years from the discovery of the defect to take action. It is the CUSTOMER’s responsibility to prove the existence of the defect as of the date of sale.
The CUSTOMER may choose between returning the PRODUCT in question and receiving a refund, or keeping the PRODUCT in question and receiving a partial refund.
The warranty against hidden defects is provided free of charge to the CUSTOMER.
General Warranty Terms
If the CUSTOMER wishes to claim any of the warranties set forth above, they must contact us via the contact form, providing their ORDER number, or by sending an email directly to customer service at contact@antredudragondairain.fr. Any request made through other channels, particularly via social media, will not be accepted.
When returning PRODUCTS, to the extent possible, the SELLER reserves the right to engage one or more experts or testing agencies to determine the cause of any non-conformities or hidden defects.
Refund Terms
Order of Remedies and Legal Limitations
Priority Given to Repair/Replacement (Art. L217-9 of the Consumer Code)
In the event of proven non-conformity within the meaning of Articles L217-3 et seq. of the Consumer Code, the SELLER must, as a matter of priority, bring the goods into conformity through repair or replacement, in accordance with Article L217-9.
The CUSTOMER may request one or the other of these solutions, but may not demand an immediate refund: the SELLER is legally entitled to refuse the requested method of bringing the goods into conformity if it entails a cost that is manifestly disproportionate to the other solution, the value of the goods, or the significance of the defect (in particular based on Articles L217-9 and L217-10 of the Consumer Code).
Refund: only as a last resort (Articles L217-10 and L217-11 of the Consumer Code)
A full refund (or cancellation of the sale) will only be granted as a last resort, only if:
- repair andreplacement are impossible, or
- bringing the goods into compliance cannot be achieved within a reasonable time or without significant inconvenience to the CUSTOMER, or
- bringing the goods into compliance would entail a cost that is manifestly disproportionate for the SELLER.
In such cases, the CUSTOMER may obtain either cancellation of the sale (refund of the purchase price in exchange for the return of the goods) or an appropriate price reduction (Articles L217-10 and L217-11).
Handcrafted and Custom-Made Products: Refunds Are Not Automatic
Given the handcrafted, unique, and custom-made nature of the figurines sold, a full refund is never automatic: it will be granted only in the event of a proven inability to repair or replace the product under the legal conditions set forth above. The personalized nature of the work often means that repair is the most appropriate and proportionate solution, in accordance with the order of remedies provided for by the Consumer Code.
Express Prior Consent from the SELLER
The **refund policies posted on the SITE apply only in the event of **express prior consent from the SELLER, **following inspection of the returned product and **confirmation of non-conformity. In the absence of such acceptance, **no refund is due; the SELLER reserves the right to offer, as a priority, repair or replacement in accordance with Articles L217-9 et seq..
Exclusion of Damage Occurring After Delivery
In accordance with Article L216-2 of the Consumer Code, the risk of loss or damage is transferred to the CUSTOMER upon physical possession of the goods. No refund or price reduction shall be due for damage occurring after delivery, unless the CUSTOMER provides proof to the contrary. The SELLER will retain photographs/videos of the items prior to shipment, which will serve as proof of their initial condition.
Warranty Against Hidden Defects (Civil Code, Art. 1641 et seq.)
Regardless of the aforementioned conformity provisions, the CUSTOMER may assert claims under the warranty against hidden defects. In this context (Articles 1641 et seq. of the Civil Code), it is the CUSTOMER’s responsibility to provide proof that the defect existed prior to the sale. The SELLER then reserves the right to offer, as appropriate, a repair, a price reduction, or a refund in the event the item is returned.
Limitation of the SELLER’s Liability
The SELLER’s warranty is limited to the replacement, repair, or refund of non-conforming or defective PRODUCTS, unless it is proven that the SELLER was aware of the defects in the goods sold.
In the event of proven non-conformity, the SELLER will offer a repair or replacement within a reasonable timeframe, in accordance with Article L217 -9 of the French Consumer Code.
Given the artisanal and custom-made nature of the figurines, this period may exceed 30 days. In such cases, the SELLER will inform the CUSTOMER of the estimated timeframe and obtain the CUSTOMER’s consent before taking any action to bring the product into compliance.
The CUSTOMER is responsible for
accuracy and completeness of the information provided to the SELLER to ensure proper processing of their ORDER. In particular, the DELIVERY address for the PRODUCTS is the CUSTOMER’s sole responsibility. The SELLER cannot guarantee the consequences of, nor be held liable for, any additional DELIVERY delays or DELIVERY charges (including the cost of returning the PRODUCTS) resulting from errors in the information provided by the CUSTOMER or for the reasons set forth in Section 9.2.
The SELLER shall not be held liable or in default in the event of a delay or failure to perform resulting from the occurrence of a force majeure event as defined in Article 1218 of the Civil Code.
Above all, the CUSTOMER is fully aware of the artisanal nature of the PRODUCTS’ design. Due to this artisanal nature and their design via printing, each PRODUCT is unique and may exhibit slight variations due to the paint or the printing process. In particular, the paint and printing may not be perfectly uniform, which is inherent to the creative process and therefore cannot be held against the SELLER.
Our figurines are handcrafted and personalized creations. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to goods manufactured according to the customer’s specifications or that are clearly personalized.
- – THE RIGHT OF WITHDRAWAL
Scope of the Right of Withdrawal
The right of withdrawal is available only to CUSTOMERS who meet the legal definition of a consumer, namely: “any natural person acting for purposes that fall outside the scope of their commercial, industrial, artisanal, or professional activity.”
Please note that the right of withdrawal cannot be exercised for goods manufactured to the consumer’s specifications or that are clearly personalized (Article L221-28 of the French Consumer Code). This applies in particular to painted figurines or ORDERS for custom-made PRODUCTS.
The Principle of the Right of Withdrawal
For PRODUCTS not subject to an exception to the right of withdrawal, the CUSTOMER has the right to withdraw from their ORDER for PRODUCTS purchased on the SITE, without having to provide a reason, within fourteen (14) days.
The withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party designated by the CUSTOMER, physically takes possession of the ordered PRODUCTS, or of the last of these PRODUCTS in the case of staggered deliveries under the same ORDER.
Exercising the right of withdrawal allows only for the return of the PRODUCT for a refund and may under no circumstances result in an exchange.
Conditions for Exercising the Right of Withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify the SELLER, whose contact information is provided in Article 1, of their decision to withdraw from their ORDER by means of an unambiguous statement, for example by using the form below, by mail, or by email to the address contact@antredudragondairain.fr.
SAMPLE WITHDRAWAL FORM
To the attention of MARGAUX LOLLI E.I.
ANTRE DU DRAGON D’AIRAIN
14 rue Dubosq – 14170 SAINT PIERRE EN AUGE
I hereby notify you of my withdrawal regarding order no. ...........
PRODUCTS:
CUSTOMER’s Name:
CUSTOMER’s Address:
CUSTOMER’s Email Address:
CUSTOMER’s Signature
Date:
To ensure compliance with the withdrawal period, the CUSTOMER must send notification of the exercise of their right of withdrawal before the expiration of the withdrawal period indicated above.
Effects of Withdrawal
The CUSTOMER must return the PRODUCTS to the SELLER without undue delay and, in any event, no later than fourteen (14) days following notification of their decision to withdraw from their ORDER. This deadline is deemed to have been met if the CUSTOMER returns the PRODUCTS before the expiration of the fourteen (14) day period.
In the event that the CUSTOMER withdraws from their ORDER, the costs of returning the PRODUCTS subject to the withdrawal shall be borne exclusively by the CUSTOMER.
The refund for the PRODUCT will be issued without undue delay and, in any event, no later than fourteen (14) days from the day the SELLER was informed of the CUSTOMER’s decision to cancel the ORDER.
However, the SELLER may defer the refund until it has received the returned PRODUCTS or until the CUSTOMER has provided proof of shipment of the returned PRODUCTS, whichever occurs first.
The SELLER will issue the refund using the same payment method used by the CUSTOMER during the initial transaction, unless the CUSTOMER expressly agrees to another method; in any event, this refund will not incur any costs for the CUSTOMER.
The CUSTOMER shall be liable only for any depreciation of the PRODUCTS resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the PRODUCTS.
- – RETURN PROCEDURES – REFUND
The SELLER offers a RETURN policy
All PRODUCTS returned by the CUSTOMER, whether under the right of withdrawal or legal warranties, must not have been used, damaged, or soiled by the CUSTOMER.
They must be returned complete, in their original packaging and with their labels, and accompanied by the return form that was sent to them or that the CUSTOMER filled out online and printed from their CUSTOMER account.
- – INTELLECTUAL PROPERTY
The title, design, format, and photographs appearing on the SITE, as well as distinctive marks such as the name “ANTRE DU DRAGON D’AIRON,” the domain name antredudragondairain.com, and the content of the SITE are the property of the SELLER and are protected by French and international intellectual property laws.
As such, all reproductions of the PRODUCTS—including photographs and videos related to the SELLER’s works and displayed on the SITE as well as on the SELLER’s social media accounts—are protected by copyright.
In general, all text and images displayed on the SITE, as well as all technological elements integrated into the SITE, are protected worldwide by copyright and intellectual property rights.
The SELLER declares that it is the owner and/or holder of all rights to the PRODUCTS offered, either because it is the original creator, or because it has obtained authorization from the rights holders.
Any reproduction or use, in whole or in part, of this content is strictly prohibited without the prior and express written authorization of the SELLER, which may require financial compensation.
Furthermore, it is expressly prohibited to:
- Use the SITE or its content for illegal purposes;
- Use the SITE or its content:
- For illegal purposes;
- Incite third parties to commit or participate in illegal acts;
- Violate any ordinance, regulation, local rule, or any international, federal, regional, or state law;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of their gender, sexual orientation, religion, ethnic origin, race, age, nationality, or disability;
- submit false or misleading information;
- upload viruses or any other type of malicious code that will or could be used to compromise the functionality or operation of the SITE;
- collect or track the personal information of others;
- Engage in spamming, phishing, domain hijacking, information extortion, web crawling, web scraping, or web mining;
- For obscene or immoral purposes.
Finally, regarding dragon reproductions, the SELLER informs the CUSTOMER that it is currently in negotiations with the rights holders to obtain authorization to market faithful reproductions of dragons derived from published works. The dragons currently offered are merely inspirations or creations of the SELLER.
- – PROTECTION OF PERSONAL DATA
In accordance with Law No. 78-17 of January 6,
1978, and subsequently European Regulation No. 2016/679 and Directive No. 2016/680 of April 27, 2016, which took effect on May 25, 2018, it is hereby noted that the personal data requested from the CUSTOMER is necessary for processing their order and issuing invoices, among other purposes.
The SELLER, as part of its commercial activities, carries out various data processing operations.
For more information, please consult the security and privacy policy available on the WEBSITE.
- – APPLICABLE LAW – LANGUAGE
By express agreement between the PARTIES, contracts for the sale of PRODUCTS are governed by French law.
The PRODUCTS supplied via the WEBSITE comply with the regulations in force in France.
These General Terms and Conditions of Sale are written in English. In the event of a translation into one or more languages, only the English text shall prevail in the event of a dispute.
- – VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
Any change in applicable laws or regulations, or any decision by a competent court invalidating one or more provisions of these General Terms and Conditions of Sale, shall not affect the validity of these General Terms and Conditions as a whole. Such a change or decision shall in no event authorize the user to fail to comply with these General Terms and Conditions.
Any situation not expressly provided for in these General Terms and Conditions shall be governed by general law and customary practice.
- – DISPUTES
In the event of a dispute, the CUSTOMER agrees to first contact the SELLER to seek an amicable resolution. The CUSTOMER shall submit their complaint to customer service at contact@antredudragondairain.fr.
If no amicable solution can be reached, and in accordance with the provisions of the Consumer Code regarding the amicable settlement of disputes, the SELLER will propose resolving the dispute through a mediation process.
Thus, after the CUSTOMER has taken preliminary steps in writing with the SELLER, the matter may be referred to the Mediator’s office for any consumer dispute that has not been resolved.
The process of enrolling in a mediator’s services is currently underway. The mediator’s contact information will be provided as soon as possible.
If no resolution is reached, the French courts (metropolitan France) shall have exclusive jurisdiction.