Terms of sale

General Terms and Conditions of Sale and Use


  1. – IDENTIFICATION OF THE SELLER


These general terms and conditions of sale are published by the sole proprietorship Margaux LOLLI – include a link to the legal notice.



  1. – PRESENTATION OF PRODUCTS


Through the website antredudragondairain.com, the SELLER offers for sale artistic creations, figurines representing dragons and other artistic creations related to the world of dragons, such as jewelry, skulls, and dragon eggs.


  1. – SCOPE


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 any other contradictory document, with the exception of any special conditions negotiated and agreed between the user and the SELLER. The SELLER reserves the right to modify the general terms and conditions of sale at any time.


The validation of the order by the customer, who acknowledges, by ticking the box provided for this purpose, that they have read and accepted them before placing the order, constitutes unreserved acceptance of these general terms and conditions of sale. The customer also acknowledges that, prior to placing any order, they have received 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 are legally capable of entering into contracts under French law and, where applicable, that they 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 are applicable to any user or customer who meets the definition of consumer and non-professional within the meaning of the Consumer Code, namely:


Consumer: "any natural person who acts for purposes which are outside their trade, business, craft or profession “;


Non-professional: ”any legal entity not acting for professional purposes".


  1. - DEFINITIONS


In these general terms and conditions of sale, unless the context otherwise requires, 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

 

Used in the plural, refers to the CUSTOMER and the SELLER together;

Used in the singular, refers to the CUSTOMER or the SELLER, depending on the context.


ORDER

 

Act by which the CUSTOMER undertakes 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 PRODUCT ordered.




  1. – PRODUCT CHARACTERISTICS


The SELLER is bound by an obligation of means with regard to the information made available to CUSTOMERS.


The essential characteristics of each PRODUCT are described in more detail in the information sheets attached to each PRODUCT and available on the WEBSITE. The CUSTOMER undertakes to read this information carefully before placing an ORDER on the WEBSITE.


The SELLER takes all necessary steps to ensure the reliability of this information on its WEBSITE. Despite regular monitoring and updating, the SELLER cannot be held liable for any technical inaccuracies, typographical errors or omissions that the content of the SITE may contain.


The CUSTOMER acknowledges that the photographs, information and visuals of the products presented on the SITE are not contractually binding. The photographs may differ slightly from reality, in particular due to the configuration of the display settings of the computer or mobile phone used.



  1. – PRODUCT PRICES


The prices of the PRODUCTS displayed on the SITE are indicated in US dollars (USD), inclusive of all taxes (VAT applicable on the date of the ORDER) and exclude shipping costs. Price offers are valid, except in the case of obvious typographical errors, if the prices appear online on the SITE on the date of the ORDER.


The price indicated in the ORDER confirmation includes the price of the PRODUCTS covered by the ORDER and transport costs. Transport costs vary depending on the transport method chosen.


The price is payable in full on the day of the ORDER.


The prices of the PRODUCTS may be modified at any time by the SELLER. Price changes shall only take effect from the date on which they appear on the WEBSITE.


The French VAT rate in force on the date of registration of the ORDER shall apply to all invoices issued by the SELLER.



  1. – ORDERING PROCEDURE


Selecting PRODUCTS


The CUSTOMER selects the PRODUCTS by browsing the pages of the WEBSITE. They select the PRODUCT(S) of their choice by clicking on the relevant PRODUCTS and choosing 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, within the limits of the quantities available. Adding a PRODUCT to the shopping cart does not reserve it, and it remains available to users of the SITE until the ORDER is confirmed.


At any time while browsing the SITE, the CUSTOMER can access their virtual basket by clicking on the “basket” icon. A summary page will then appear showing all the PRODUCTS in the virtual basket and covered by the ORDER.


The CUSTOMER checks that the content of the ORDER is correct. They may remove one or more PRODUCTS from their ORDER and change the quantities of the PRODUCTS ordered, then confirm the contents of the basket.


The CUSTOMER may then proceed with the steps via a CUSTOMER account or directly by entering the requested data, as it is not necessary to have a CUSTOMER account to place an ORDER.


Identification via a CUSTOMER account


The CUSTOMER is required to fill out a form with their identity and contact information to create an account.


The information that 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 may confirm their ORDER by entering their username and password.


Confirmation of the ORDER


Once the CUSTOMER has confirmed the contents of their basket and identified themselves, a summary page of their ORDER will be displayed, including the PRODUCTS, their quantity, price, and applicable taxes.


The CUSTOMER shall provide all information necessary for invoicing and DELIVERY of the PRODUCTS, including information enabling the calculation of DELIVERY costs.


The CUSTOMER is invited to check the information relating to their ORDER (including the quantity and characteristics of the PRODUCTS ordered, the DELIVERY costs according to the delivery method chosen, the DELIVERY address, the billing address, the payment method, and the price) and to correct any errors before confirming its content.


Before proceeding with payment, the CUSTOMER is invited to read these T&Cs and confirm their acceptance by ticking the box “I have read and accept the terms and conditions of sale.”


The CUSTOMER shall pay the price of the PRODUCTS, taxes, and DELIVERY costs.


Confirmation of the ORDER


Once all the steps described above have been completed, a page will appear on the WEBSITE to acknowledge receipt of the CUSTOMER's ORDER.


The contractual information summarizing all the terms and conditions of the ORDER (including the selected PRODUCTS, price and DELIVERY costs, the CUSTOMER's identity and the DELIVERY address) will be sent by the SELLER to the CUSTOMER by email, provided that the CUSTOMER has provided a valid email address that is not subject to any restrictions on use (e.g., a professional email address). In this case, the SELLER cannot be held responsible for sending contractual and/or advertising information to an email address with restricted access.


The date of dispatch of the ORDER confirmation by the SELLER constitutes the date of sale. Unless otherwise specified, the deadlines mentioned on the WEBSITE or in the T&Cs run from this date.


The SELLER does not send any ORDER confirmation by post 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) in the event of unavailability of a PRODUCT ordered, impossibility of DELIVERY, unreasonable request by the CUSTOMER, presumption of the CUSTOMER's inability to enter into a contract, manifest intention by the CUSTOMER to harm the SELLER, or a dispute with the CUSTOMER relating to a previous transaction that has not been resolved on the date of the ORDER.


The SELLER also reserves the right to refuse the ORDER in the event of an obvious typographical error leading to 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. This is archived by the SELLER under the conditions and within the legal time limits. The CUSTOMER may access this archive by sending an email to contact@antredudragondairain.fr or by logging into their account and accessing their purchase history.


Any questions from the CUSTOMER relating to the ORDER should be addressed to the SELLER at the customer service email address contact@antredudragondairain.fr. Any requests relating to the ORDER made through other channels, in particular via social media, will be ignored.


  1. – PAYMENT AND INVOICING


An ORDER placed on the WEBSITE obliges the CUSTOMER to pay the full price.


Means of payment


The CUSTOMER shall pay the price of the PRODUCTS ordered, as well as any taxes and DELIVERY costs, securely by debit or credit card (Mastercard, Visa, etc.), by bank transfer or through the following services: PayPal, Bancontact and Oney Bank.


PayPal: PayPal allows any individual or legal entity to send and receive payments online in a simple, fast and secure manner. With PayPal, the CUSTOMER's financial information is never shared with the SELLER. The numbers and information on credit cards are encrypted and protected. The CUSTOMER simply enters their email address and password when paying for the ORDER. For further information, the Customer may consult the following website: https://www.paypal.com.


Oney: Payment solution offering interest-free financing by Oney Bank under certain conditions, available for purchases between $100 and $3,000. See terms and conditions on the website www.oney.fr.


Bancontact: Online payment solution. See terms and conditions on the website www.bancontact.com.


Payment security


In order to participate in the fight against Internet payment fraud and to contribute to consumer protection, the SELLER has implemented various payment security procedures on its website.


The SELLER warns the CUSTOMER that, in the context of payment security, no employee of the SELLER will contact the CUSTOMER directly to ask for any personal information, particularly information relating to credit card details, IBAN, etc.


The occurrence of an unpaid debt due to fraudulent use of a credit card or other means of payment will result in the details associated with this unpaid debt being recorded on the order concerned - “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 with the SELLER.


In the case of PRODUCTS, in the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account.


Payments made by the CUSTOMER shall only be considered final after the amounts due have been actually received. A payment confirmation shall be sent to the CUSTOMER by email. The payment confirmation may be included in the ORDER confirmation.


Delayed or refused payment


If the bank refuses to debit a card or other means of payment, the CUSTOMER is required to contact the SELLER via the contact form in order to pay for the ORDER by any other valid means of payment.


In the event that, for any reason whatsoever, opposition, refusal or other, the transfer of the money 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 the event of suspected fraud or unpaid bills.


The SELLER is not required to deliver the PRODUCTS ordered by the CUSTOMER if the latter does not pay the price in full under the conditions indicated above.

Furthermore, the SELLER reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the DELIVERY of ORDERS in progress.


Invoicing


An invoice including 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 completes online nor the order confirmation that the SELLER sends to the CUSTOMER by email constitute an invoice.



  1. – DELIVERY


DELIVERY terms


The PRODUCTS offered are delivered to the following territories:

  • Europe;
  • South America;
  • United States;
  • Canada;
  • Australia.


The PRODUCTS ordered are delivered according to the option chosen by the CUSTOMER when placing their ORDER:


  • to the delivery 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 responsible for any errors in the address provided by the CUSTOMER.
  • to the parcel collection point chosen by the CUSTOMER (for deliveries in France).


Shipments are handled by the French company La Poste Colissimo up to the French border. Parcels are then handled by the postal service of the destination country.


The rates applied are those of Colissimo/Delivengo and are applied according to the weight of the parcel and the delivery zone.


The rates can be consulted on the website www.laposte.fr

Shipping to the United States

As of October 15, 2025, orders placed by customers located in the United States will be handled differently from standard international shipments.

Due to new US customs regulations and the suspension of commercial shipments by Colissimo, L’Antre du Dragon d’Airain is now collaborating with the independent artist ArtWithRobots, based in the United States.

Therefore:

  • All orders placed from the United States are produced, packaged, and shipped directly from the United States by ArtWithRobots;
  • No customs duties or import fees are applied 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 provided by L’Antre du Dragon d’Airain (France), which remains the customer's sole point of contact.

Orders placed before October 15, 2025 can still be shipped from France according to the terms and conditions in effect at the time of purchase.

Manufacturing and delivery times

The delivery times applicable to PRODUCT ORDERS are those indicated at the time of the ORDER, before it is confirmed.


As a reminder of the processing times until shipment:

  • delivery time for jewelry – pendants: one to two weeks.
  • Delivery time for figurines: due to the handmade nature of the product and the number of requests, figurines are automatically placed on a waiting list for manufacture. The waiting time varies depending on the number of requests on the date of the ORDER. This waiting time is currently approximately 6 months. The CUSTOMER is duly informed of this time frame at the time of the ORDER and will be notified when the PRODUCT is shipped.


In order to provide transparent information to the CUSTOMER, the SELLER provides updated waiting list and shipping tables on its WEBSITE.


As the CUSTOMER is fully informed of the delivery times when placing their ORDER and during the manufacturing process, they may not under any circumstances cancel their ORDER due to said delivery time and consequently request a refund from the SELLER.


Once the ORDER has been completed, it is shipped.


The CUSTOMER is informed by email of the shipment of the PRODUCTS ordered, provided that the email address provided by the CUSTOMER when placing the ORDER is correct. This confirmation email contains a tracking number that can be used to track the progress of the DELIVERY.


From the date of dispatch, the delivery times are as follows (in working days):


  • 3 to 6 working days by Colissimo home delivery in France;
  • 7 to 13 working days on average for Delivengo;
  • 15 working days minimum by 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 delivery method chosen, and the quantity of PRODUCTS ordered. In the event of a delayed DELIVERY, the SELLER undertakes to make every effort to keep the CUSTOMER informed of the situation.


The SELLER cannot be held responsible for delays in delivery:


  • When the cause of the delay is not its fault;
  • When the cause of the delay is due to force majeure.


Delivery and non-receipt by the Customer
“The Customer is responsible for providing an accurate, complete and accessible delivery address and for ensuring their presence or arranging representation at the time of the parcel’s arrival. In the event of the parcel being returned to sender due to the Customer’s fault (including repeated absence, refusal of delivery, incorrect or incomplete address), the Seller reserves the right to:

  1. cancel the order or treat it as terminated, without obligation for refound;

  2. require payment of return and/or re-shipment costs prior to any new dispatch, such costs being borne by the Customer.
    This clause applies only when non-receipt is entirely attributable to the Customer and provided that this rule was brought to his/her attention in these General Terms and Conditions of Sale and accepted at the time of the order.”

Checking the DELIVERY


Upon receipt of the ORDER, the CUSTOMER is required to check the condition of the PRODUCT packaging and the contents of the PRODUCTS delivered.


Any anomaly concerning the DELIVERY (i.e., missing or damaged products, damaged packages, packages already opened, incomplete packages) must be reported within fourteen (14) days of receipt of the PRODUCTS to customer service by sending an email to contact@antredudragondairain.fr with all supporting documents (including photographs). Any claim for damage caused during transport 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.

Except for claims based on legal guarantees, as described below, any claim made after a period of fourteen (14) days following receipt of the PRODUCTS will be considered inadmissible and the SELLER cannot 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 shipment. In particular:


  • The pendants are packaged in their boxes and sent in bubble envelopes for international shipments or in cardboard postal boxes padded with polystyrene for shipments to France.
  • Large figurines are divided into several pieces, usually the wings, head, body, tail, and base. Each piece is packaged individually. The figurines are sent in double-walled cardboard boxes filled with polystyrene chips, and protective foam may be added for the most fragile parts.

Labels marked “FRAGILE” are systematically affixed to the package.

If the parcel is returned to the sender for reasons attributable to the Customer (absence at delivery, refusal to accept, incorrect address, or failure to collect the parcel in time), and provided that the order has been manufactured and shipped in accordance with these General Terms and Conditions of Sale, the Seller shall be deemed to have fully performed their contractual obligations.

In such case, the order may be considered cancelled without any refund owed to the Customer.

The Customer may request a re-shipment at their own expense within 30 days of the parcel’s return. After this period, the Seller may freely dispose of the product.

Information: customs fees for international DELIVERY


Customs fees are taxes and duties imposed 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, origin, and destination. Here are some key points to consider regarding customs fees:


  1. Purpose: customs fees serve several purposes, including protecting the local economy, regulating the market, protecting the environment, and generating revenue.

  1. Calculation: customs fees can be calculated in different ways, often as a percentage of the value of the goods (ad valorem), but also by weight or quantity. The value is determined based on the commercial invoice for the goods, to which transport and insurance costs are sometimes added.
  2. Customs tariffs: Customs tariffs vary according to trade agreements between countries and product classifications under the Harmonized Commodity Description and Coding System (HS). Products are classified into different categories, each with its own customs tariff.


  1. Exemption and reduction: Some countries offer exemptions or reductions in customs duties for imports from countries with which they have free trade agreements, or for certain types of goods such as commercial samples or personal property below a certain value.


  1. Procedure: Importers must declare their goods to customs, provide appropriate documentation (commercial invoice, packing list, etc.), and pay the estimated customs duties. In some cases, an inspection of the goods may be required.


  1. Consequences of non-payment: Failure to pay customs duties may result in penalties, delivery delays, confiscation of goods, or even legal action.



  1. Refund: In certain circumstances, customs duties may be refunded, for example, if the goods are exported after importation or if there is an error in the calculation of the duties.


It is crucial for businesses and consumers to find out about the customs charges applicable to their international transaction to avoid unexpected costs and delays.


Customs fees may apply for shipments outside the European Union.


The application of customs fees is random and 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.



  1. – PRODUCT AVAILABILITY


Due to the nature of the PRODUCTS, which are handmade, piece by piece, the SELLER does not have any stock of its PRODUCTS, or only very limited stock in the case of pendants.


In this context, the SELLER manufactures the PRODUCTS, with some exceptions, in the order in which the ORDERS are received.


As a reminder: in order to provide transparent information to the CUSTOMER, the SELLER provides updated waiting list and shipping tables on its website.


The CUSTOMER can thus track the progress of their order by entering their ORDER number.


If the CUSTOMER decides to cancel their ORDER for PRODUCTS that are unavailable, they will be refunded all sums paid for the unavailable PRODUCTS as soon as possible.



  1. – TRANSFER OF OWNERSHIP AND RISKS



Retention of title


The SELLER remains the owner of the delivered PRODUCTS until they have been paid for in full by the CUSTOMER.


Transfer of risks


The risks of loss or damage to the delivered PRODUCTS are transferred to the CUSTOMER at the moment when the latter, or a third party designated by them, takes physical possession of them.



  1. – SELLER'S LIABILITY – WARRANTIES


The PRODUCTS sold on the SITE comply with the regulations in force in France.


The PRODUCTS supplied by the SELLER are automatically covered, in accordance with legal provisions and without additional payment, regardless of the right of withdrawal:


  • the legal guarantee of conformity, for a PRODUCT that is apparently defective, damaged or does not correspond to the ORDER,
  • the legal guarantee against hidden defects resulting from a defect in the material, design or manufacturing affecting a delivered PRODUCT and rendering it unfit for the use for which it was reasonably intended, or which diminish this use to such an extent that the CUSTOMER would not have purchased it, or would only have paid a lower price for it, if they had been aware of them.


In order to exercise their rights, the CUSTOMER must inform the SELLER in writing of the non-conformity of the PRODUCT(S) or the existence of hidden defects.


The legal guarantee of conformity – Articles L217-1 et seq. of the Consumer Code


This guarantee only benefits the CUSTOMER who meets the legal definition of a consumer, namely: “any natural person who acts for purposes which are not related to his trade, business, craft or profession.”


When acting under the legal guarantee of conformity, the CUSTOMER has a period of two years from the DELIVERY of the PRODUCTS ordered to take action. They are not required to provide proof of the existence of the lack of conformity on the day of DELIVERY of the PRODUCTS, as the burden of proof lies with the SELLER.


The CUSTOMER may choose between repair or replacement of the PRODUCT, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code (the SELLER may not proceed according to the CUSTOMER's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect).


If repair and replacement of the PRODUCT are impossible, or if the requested compliance with the contract cannot be implemented within one month of the CUSTOMER's complaint, or if compliance cannot be achieved without major inconvenience to the CUSTOMER given the nature of the PRODUCT and the use for which it is intended, then the CUSTOMER may return the PRODUCT and receive a refund or keep the PRODUCT and receive a partial refund.


The application of the legal guarantee of conformity is free of charge for the CUSTOMER. The SELLER shall bear all costs of repair, replacement, and return of the PRODUCT.


Warranty against hidden defects - Articles 1641 et seq. of the Civil Code


When acting under the warranty against hidden defects in the PRODUCT within the meaning of Article 1641 of the Civil Code, the CUSTOMER has a period of two years from the discovery of the defect to take action. The CUSTOMER is required to provide proof of the existence of the defect on the date of sale.


The CUSTOMER may choose between returning the PRODUCT concerned and receiving a refund, or keeping the PRODUCT concerned and receiving a partial refund.


The application of the warranty against hidden defects is free of charge for the CUSTOMER.


Terms and conditions of the warranties


If the CUSTOMER wishes to implement any of the guarantees provided for above, they must contact us via the contact form, quoting their ORDER number, or by sending an email directly to customer services at contact@antredudragondairain.fr. Any requests made through other channels, in particular via social media, will not be accepted.


Upon return of the PRODUCTS, where possible, the SELLER reserves the right to call upon one or more experts or analysis bodies to determine the origin of the non-conformities or hidden defects.


Refund terms


Order of remedies and legal limits

Priority to repair/replacement (Art. L217-9 of the Consumer Code)

In the event of a proven lack of conformity within the meaning of Articles L217-3 et seq. of the Consumer Code, the SELLER shall, as a priority, bring the goods into conformity by repair or replacement, in accordance with Article L217-9.

The CUSTOMER may request either of these remedies, but may not demand immediate reimbursement: the SELLER is legally entitled to refuse the requested method of bringing the goods into conformity if it entails a cost that is clearly disproportionate to the other solution, the value of the goods or the significance of the defect (in particular on the basis of 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)

Full reimbursement (or cancellation of the sale) shall only occur as a last resort, only if:

  • repair and replacement are impossible, or
  • compliance cannot be achieved within a reasonable time or without significant inconvenience to the CUSTOMER, or
  • compliance would involve a cost that is clearly disproportionate to the SELLER.

In these cases, the CUSTOMER may obtain either the cancellation of the sale (refund of the 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: refund not automatic

Given the handcrafted, unique, and custom-made nature of the figurines sold, a full refund is never automatic: it will only be granted in the event of proven impossibility to repair or replace the product under the legal conditions set out 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 in the Consumer Code.

Express prior acceptance by the SELLER

The **refund policies posted on the SITE apply only in the event of **express prior acceptance by the SELLER, **after inspection of the returned product and **confirmation of the lack of conformity. In the absence of such acceptance, **no refund is due; the SELLER reserves the right to offer, as a priority, a repair or replacement in accordance with Articles L217-9 et seq..

Exclusion of damage subsequent to 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 proven otherwise by the CUSTOMER. The SELLER shall keep photographs/videos of the works before shipment, which shall serve as proof of their initial condition.

Warranty for hidden defects (Civil Code, Art. 1641 et seq.)

Regardless of the above conformity regime, the CUSTOMER may take action on the basis of the warranty against hidden defects. In this context (Articles 1641 et seq. of the Civil Code), it is up to the CUSTOMER to provide proof of the defect prior to the sale. The SELLER then retains the right to offer, as appropriate, repair, a price reduction or a refund if the item is returned.


Limitation of the SELLER's liability


The SELLER's warranty is limited to the replacement, repair or refund of PRODUCTS that are non-compliant or defective, except in cases where it is proven that the SELLER was aware of the defects in the goods sold.

In the event of a proven lack of conformity, the SELLER shall offer a repair or replacement within a reasonable period of time, in accordance with Article L217-9 of the French Consumer Code.
Given the handmade and custom-made nature of the figurines, this period may exceed 30 days. In this case, the SELLER shall inform the CUSTOMER of the estimated time frame and obtain their agreement before taking any action to bring the product into conformity.

The CUSTOMER is responsible for the accuracy and completeness of the information provided to the SELLER to ensure the proper processing of their ORDER. In particular, the DELIVERY address for the PRODUCTS is their sole responsibility. The SELLER cannot guarantee the consequences or be held liable for additional DELIVERY times or additional DELIVERY costs (in particular the costs of returning the PRODUCTS) resulting from errors in the information provided by the CUSTOMER or for the reasons set out in Article 9.2.

 

The SELLER cannot be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure within the meaning of Article 1218 of the Civil Code.


Above all, the CUSTOMER is fully aware of the artisanal nature of the design of the PRODUCTS. Due to this artisanal nature and its design by printing, each PRODUCT is unique and may show minor alterations 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 handmade and personalized creations. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the customer's specifications or clearly personalized.

 

  1. – THE RIGHT OF WITHDRAWAL

The scope of the right of withdrawal


The right of withdrawal is only available to CUSTOMERS who meet the legal definition of a consumer, namely: “any natural person who acts for purposes which are outside their trade, business, craft or profession.”


It is hereby reiterated that the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalized (Article L221-28 of the French Consumer Code). This situation applies in particular to figurines that have been painted or custom-made PRODUCT orders.


The principle of the right of withdrawal


For PRODUCTS that are 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 giving any reason, within a period of fourteen days (14).


The withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party designated by them, takes physical possession of the PRODUCTS ordered, or the last of these PRODUCTS in the event of separate delivery under the same ORDER.


Exercising the right of withdrawal only allows for the return of the PRODUCT for a refund and cannot under any circumstances give rise to an exchange.


Terms and conditions for exercising the right of withdrawal


To exercise the right of withdrawal, the CUSTOMER must notify the SELLER, whose contact details are given in Article 1, of their decision to withdraw from their ORDER by means of an unambiguous statement, for example using the form below, by letter sent by post or email to contact@antredudragondairain.fr.



MODEL WITHDRAWAL FORM


For 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 following Order No. ...........

PRODUCTS:

CUSTOMER name:

CUSTOMER address:

CUSTOMER email address:

CUSTOMER signature

Date:



In order for the withdrawal period to be respected, the CUSTOMER must send their communication regarding the exercise of their right of withdrawal before the expiry 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 after communicating their decision to withdraw from their ORDER. This period is deemed to have been met if the CUSTOMER returns the PRODUCTS before the expiry of the fourteen (14) day period.


In the event of withdrawal by the CUSTOMER from their ORDER, the CUSTOMER shall bear the sole cost of returning the PRODUCTS subject to withdrawal.


The refund for the PRODUCT shall be made without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CUSTOMER's decision to withdraw from 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 shall make the refund using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, this refund shall not incur any costs for the CUSTOMER.


The CUSTOMER shall only be liable for any depreciation of the PRODUCTS resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the PRODUCTS.



  1. – RETURN PROCEDURES – REFUND


The SELLER offers a RETURN policy


All PRODUCTS returned by the CUSTOMER, whether under the right of withdrawal or legal guarantees, must not have been used, damaged or soiled by the CUSTOMER.


They must be returned complete, with their original packaging and label, and accompanied by the return slip that was sent to them or that the CUSTOMER filled out online and printed from their CUSTOMER account.



  1. – INTELLECTUAL PROPERTY


The title, design, form, photographs on the SITE, distinctive signs 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 laws relating to intellectual property.


As such, all reproductions of the PRODUCTS, in particular photographs and videos relating to the SELLER's works and presented on the SITE and on the SELLER's social networks, are protected by copyright.


In general, all texts and images presented on the SITE, and all technological elements integrated into the SITE are reserved, worldwide, under 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 express prior written authorization of the SELLER, which may make it conditional upon financial compensation.


Furthermore, it is expressly prohibited:


  • To use the SITE or its content for any illegal activity;
  • To use the SITE or its content:
    • For illegal purposes;
    • To incite third parties to commit illegal acts or to participate in them;
    • To violate any local ordinance, regulation, rule or international, federal, provincial or state law;
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability;
    • To submit false or misleading information;
    • To upload viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the SITE;
    • To collect or track the personal information of others;
    • To spam, phish, hijack a domain, extort information, browse, explore or scan the Web;
    • For obscene or immoral purposes.



Finally, with regard to reproductions of dragons, the SELLER informs the CUSTOMER that it is currently in discussions with the rights holders in order to obtain authorization to market faithful reproductions of dragons from published works. The current dragons are only inspirations or creations of the SELLER.


  1. – PROTECTION OF PERSONAL DATA


In accordance with the amended Law 78-17 of January 6, 1978, then European Regulation No. 2016/679 and Directive No. 2016/680 of April 27, 2016, which came into force on May 25, 2018, it is hereby reiterated that the personal data requested from the CUSTOMER is necessary for processing their order and issuing invoices, in particular.


The SELLER, in the course of its commercial activities, carries out various data processing operations.


For more information, please consult the security and confidentiality policy available on the WEBSITE.



  1. – APPLICABLE LAW – LANGUAGE


By express agreement between the PARTIES, the 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 T&Cs are written in English. In the event that they are translated into one or more languages, only the English text shall be binding in the event of a dispute.



  1. – VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE


Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these GTC shall not affect the validity of these GTC as a whole. Such a change or decision shall in no way entitle the user to disregard these GTC.


Any conditions not expressly covered by these T&Cs shall be governed by common law and customary practice.





  1. – DISPUTES


In the event of a dispute, the CUSTOMER undertakes to first contact the SELLER in order to seek an amicable resolution to the dispute. The CUSTOMER shall send their complaint to the customer service department at contact@antredudragondairain.fr.


If no amicable solution can be found and in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the SELLER shall propose to resolve the dispute through a mediation process.


Thus, after the CUSTOMER has taken preliminary steps in writing with the SELLER, the Mediator's service may be called upon for any consumer dispute that has not been resolved.


The subscription to the services of a mediator is currently in progress. The Mediator's contact details will be provided as soon as possible.


In the absence of a solution, the French courts (metropolitan France) shall have sole jurisdiction.