Drawin'Kids General Terms and Conditions of Sale

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General Conditions of Sale

ARTICLE 1 – PREAMBLE

1.1. The website www.drawinkids.com(hereinafter the " Website ") is operated by DRAWIN'KIDS, a simplified joint-stock company with a capital of 1,000 euros, registered with the Nantes Trade and Companies Register under number 898382767, whose registered office is located at 9 rue Nungesser et Coli, 44522 Mésanger, France, and whose intra-community VAT number is FR15898382767 (hereinafter " DRAWIN'KIDS "). On the Website, DRAWIN'KIDS offers for sale various products related to childhood (hereinafter the " Product(s) ").  1.2. It is possible to contact DRAWIN'KIDS either by email: [email protected]or by mail by sending a letter to the head office: DRAWIN'KIDS, 95 Impasse Blaise Pascal, 44150 Ancenis Saint-Géréon.

ARTICLE 2 – PURPOSE AND ACCEPTANCE

2.1. These General Terms and Conditions of Sale govern the contractual relationship between DRAWIN'KIDS and any person placing an order (hereinafter referred to as the " Customer(s) ") on the website www.drawinkids.com .  2.2. These General Terms and Conditions of Sale constitute the entire agreement between the parties and supersede all other terms and conditions, including any purchase terms specific to the Customer, unless otherwise agreed in advance, expressly and in writing, between DRAWIN'KIDS and the Customer. 2.3. The Customer acknowledges having the legal capacity to enter into a contract and purchase the Products, declares having read these General Terms and Conditions of Sale, and accepts them by checking the box provided for this purpose before proceeding with the online ordering process.

ARTICLE 3 – CREATION OF AN ACCOUNT

3.1. To place an order on the website, the Customer must create an account by providing the information requested in the registration form. 3.2. To this end, the Customer agrees to provide true, accurate, and up-to-date information, including information about their identity. The Customer specifically agrees not to create a false identity or impersonate another legal entity or individual. 3.3. Any false, inaccurate, erroneous, outdated, incomplete, misleading, or deceptive information may result in the closure of the Customer's account and the cancellation of their order. 3.4. DRAWIN'KIDS shall not be held liable in any way for non-execution and/or partial execution of the order due to the Customer providing inaccurate information. 3.5. When creating their account, the Customer must provide their login details, namely an email address allowing DRAWIN'KIDS to contact them and a password, which are their sole responsibility. 3.6. The Customer agrees to keep them confidential and not to disclose them. 3.7. The Customer is responsible for all actions carried out on the Site using their login details. The Customer will be personally liable for any order placed using their login details, subject to the right of withdrawal. 3.8. If the Customer's login details are lost, stolen, or hacked, they must inform DRAWIN'KIDS immediately and change their login details, at a minimum their password, as soon as possible. 3.9. Once the account is created, the Customer receives an email confirming its creation.

ARTICLE 4 – ORDER

4.1. Any Customer wishing to place an order on DRAWIN'KIDS must be of legal age, or an emancipated minor with full legal capacity. 4.2. To place an order, the Customer must:

  • Select the Product(s) he/she wishes to order on the site by clicking on " Add to cart ";
  • Continue your order by clicking on " Order Confirmation ";

Once on the shopping cart page, the Customer must:

  • Validate the quantities of each Product,
  • Add the voucher(s), if he has any, and if he wishes,
  • Validate or modify the addresses that concern you: billing address and delivery address;
  •  Choose your delivery method.

The Customer will then receive the total amount of their order and can choose their secure payment method. To validate their order, the Customer must log in or create an account, as stipulated in Article 3. DRAWIN'KIDS reminds the Customer of the importance of verifying and updating their information to ensure the successful execution of the order (telephone number, access code, floor, accessibility, etc.). DRAWIN'KIDS cannot be held responsible for errors made by the Customer when entering information or for missing information that results in delays, errors, or the impossibility of delivery. In such cases, the Customer will be responsible for any costs incurred by reshipment. The Customer can only finalize their order and access secure payment after accepting the General Terms and Conditions of Sale by checking the box " I have read and agree to the general terms and conditions of sale ." By checking this box, the Customer irrevocably accepts these General Terms and Conditions of Sale, subject to the exercise of their right of withdrawal under the legal conditions outlined herein. The Customer acknowledges by checking this box that they have read, understood, and accepted these General Terms and Conditions of Sale. 4.3. The order is only final upon receipt and processing by DRAWIN'KIDS of payment from the Customer. 4.4. Shipment of the Products and their manufacture, where applicable, will only take place after full payment of the price of the Products, including all taxes, has been received from the Customer. 4.5. All orders are considered firm and, subject to the provisions of these General Terms and Conditions of Sale, may only be cancelled with the express written consent of DRAWIN'KIDS and under conditions that will compensate DRAWIN'KIDS for any loss or damage resulting from such cancellation. 4.6. DRAWIN'KIDS reserves the right to refuse or cancel any order from a Customer involved in a dispute, whether resolved or unresolved. DRAWIN'KIDS also reserves the right to decline an order and will inform the Customer accordingly in the event of a supply issue, product or supplier failure, an abnormally high product quantity, a payment problem, or a website malfunction displaying an abnormally low price. DRAWIN'KIDS also reserves the right to request any additional documentation to verify the Customer's identity.

ARTICLE 5 – OFFER AND AVAILABILITY OF PRODUCTS

5.1. The selection of Products offered by DRAWIN'KIDS may change. DRAWIN'KIDS reserves the right to modify this selection, remove Products from the catalog, and change the specifications, characteristics, and content of the Products for any reason. These modifications and removals may occur at any time and without prior notice. 5.2. DRAWIN'KIDS presents the characteristics of the Products on the Website, particularly through product descriptions, but does not guarantee the accuracy and completeness of the information provided, as this information is primarily based on data provided by the manufacturers or suppliers of the Products. 5.3. The information describing the Products is provided for informational purposes only. DRAWIN'KIDS encourages the Customer to carefully review this information before placing any order. DRAWIN'KIDS shall not be held liable for any misinterpretation or misuse of the Product resulting in direct or indirect damages suffered by the Customer or by third parties, it being understood that the Customer is solely responsible for the choice of products and their proper use. 5.4. The photographs and graphics presented on the website and in emails sent by DRAWIN'KIDS are provided for illustrative purposes only. DRAWIN'KIDS makes every effort to ensure that the photographic and graphic representation of the Products is as accurate as possible, but DRAWIN'KIDS cannot guarantee the exact rendering of the tones, colors, shapes, and dimensions of the Products compared to the visuals of the Products displayed on the Website or in emails. It is possible that the Customer's perception of the photographic or graphic representation may not perfectly match reality. In this case, DRAWIN'KIDS shall not be held liable for this difference in perception.  5.5. DRAWIN'KIDS undertakes to fulfill orders received within the limits of available Product stock. 5.6. Product availability is indicated on the product description page as follows: " in stock ," " being restocked ," " on order ," or " out of stock ." 5.7. If a product is unavailable, the customer will not be able to add it to their cart. If a product becomes unavailable after a customer places an order, DRAWIN'KIDS will notify the customer as soon as possible by email or telephone. The customer may then accept the new delivery date, exchange the unavailable product for another product of the same price, request a credit note, or a refund for the unavailable product. No cancellation penalty will be applied for such a cancellation, and the customer will not be entitled to any compensation (other than a refund for the unavailable product).

ARTICLE 6 – PRICE

6.1. The prices of the Products sold are indicated in euros, inclusive of all taxes (including eco-participation tax) and excluding delivery charges. 6.2. The total price to be paid appears in the shopping cart. It includes the prices of the Products selected by the Customer, delivery charges, packaging charges, and other order processing charges. 6.3. As DRAWIN'KIDS' suppliers' prices are constantly changing, DRAWIN'KIDS reserves the right to modify the prices displayed on the Website at any time and without notice. DRAWIN'KIDS undertakes, where applicable, to apply the prices in effect that were indicated to the Customer at the time the order was placed. 6.4. If any of the prices of the Products sold on the Website contain an error, due to a data entry error or a system malfunction, DRAWIN'KIDS will inform the Customer as soon as possible. Regardless of whether the price error is too low or too high, the Customer may, after being informed of the correct price, decide to confirm or cancel their order. If the correct price is accepted, the Customer must confirm their acceptance by email to Customer Service if the new price is:

  • lower than that appearing at the time of acceptance of the order, DRAWIN'KIDS will reimburse the difference to the Customer; and
  • If the price is higher than the price shown at the time the order was accepted, DRAWIN'KIDS will ask the Customer to pay the difference between the amount already paid and the final amount due. If the Customer refuses the new price and cancels the order, DRAWIN'KIDS undertakes to refund the amount paid by the Customer for the product(s) in question as soon as possible.

6.5. Taxes and customs duties are the responsibility of the Customer and will be requested at the time of delivery by the transport provider. If applicable, an invoice will be included with the Customer's package.

ARTICLE 7 – PAYMENT

7.1. The order is payable in full upon placement. Payment must be made using one of the secure payment methods offered by DRAWIN'KIDS. 7.2. Orders are payable exclusively in euros. For payments by bank transfer, whether in euros or other currencies, all bank charges are the responsibility of the Customer. 7.3. The Customer agrees to pay directly to the freight forwarder or carrier any customs duties, VAT, or other taxes due upon importation of the ordered Products into the country of delivery chosen by the Customer. 7.4. The Customer has several payment options for their order: By credit card : Carte Bleue, Visa, Euro/Mastercard. The Customer must enter their card number, expiry date, and the security code on the back of the card. Cards issued by banks located outside of France must be international credit cards. DRAWIN'KIDS implements all necessary measures to ensure the security and confidentiality of data transmitted online. To this end, credit card payments are processed on the secure server of the online payment solution Monetico. This solution uses SSL (Secure Socket Layer) encryption. This system encrypts the bank details entered during their transmission over the network. The encrypted transmission of bank details is indicated in the customer's browser by the appearance of a padlock symbol.  Bank Transfer : When placing an order, the customer receives an email with DRAWIN'KIDS' bank details. The order is shipped as soon as the transfer is completed and visible in DRAWIN'KIDS' bank account. PayPal : To use this payment method, the customer must have a PayPal account, allowing them to pay for their order according to the instructions provided on the website. The customer is solely responsible for the use of their PayPal account. Administrative Mandate  : This payment method is reserved for public organizations. The order will be validated and processed only upon receipt of approval from the third-party payer. The invoice will be sent by email upon delivery of the order.  7.5. In general, the Customer guarantees to DRAWIN'KIDS, when placing the order, that they are fully authorized to use the chosen payment method and that they have any necessary authorizations to use the payment method in question. 7.6. In order to prevent fraudulent use of payment methods, the Customer may be asked to send DRAWIN'KIDS, by email or postal mail, a copy of their identity document and proof of address. The order will then only be validated after receipt and verification of the documents sent. If these documents are not received within 15 days of placing the order, and if the documents do not definitively establish the identity of the person placing the order and the accuracy of their address, the order will be automatically cancelled without DRAWIN'KIDS incurring any liability. 7.7. DRAWIN'KIDS reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. DRAWIN'KIDS reserves the right to refuse delivery or to fulfill an order in the event of a current or past dispute with a Customer, particularly for non-payment. 7.8. The order form completed online by the Customer or the order confirmation sent to the Customer by email from DRAWIN'KIDS does not constitute an invoice. The invoice is not included in the package; it is sent by email once the package has been received by the recipient. The customer can find   the invoice corresponding to their order on the website www.drawinkids.com in the "My Account/My Orders" section  

ARTICLE 8 – DELIVERY

8.1. Delivery Location Deliveries are made to: France and French Overseas Departments and Territories (DOM-TOM): Metropolitan France, Corsica, Guadeloupe, French Guiana, Réunion, Martinique, and Mayotte. Europe: Belgium, Luxembourg, Switzerland, Germany, Spain, Italy, Vatican City, United Kingdom (UK), Austria, Denmark, Ireland, Poland, Portugal, Czech Republic, Bulgaria, Croatia, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Norway, Romania, Slovenia, Slovakia, and Sweden. Worldwide: Egypt, United Arab Emirates, South Africa, Algeria, Bangladesh, Bolivia, Brazil, Cambodia, Canada, Chile, China, Colombia, South Korea, Cuba, United States, Honduras, Hong Kong, India, Indonesia, Japan, Malaysia, Morocco, Mexico, Peru, Paraguay, Philippines, Singapore, Sri Lanka, Taiwan, Thailand, Timor-Leste, Tunisia, Venezuela, and Vietnam. As a general rule, delivery of the Products takes place, after payment for the order has been processed, to the delivery address indicated by the Customer when placing their order. In the event of an error or missing information in the Customer's contact details (including name, surname, street number and name, postal code, telephone number, access code, access difficulties, etc.), DRAWIN'KIDS cannot be held responsible for delivery delays, inability to deliver, or delivery errors. In this case, any costs incurred for reshipment will be borne by the Customer.   An email is sent to the Customer to notify them of the shipment of their package. 8.2. Delivery Methods and Times Several delivery methods are offered to the Customer. These vary depending on the Products chosen by the Customer and the final size of the package. The Customer is informed that the Products may be delivered in one or more packages.  On the Website, the Customer has the option, where available, to have the ordered Products packaged, provided their dimensions are compatible with the packaging method.  The Customer also has the option, where available, to have a sheet of paper containing a specific message for the recipient included in the package(s). The Customer is informed that this message is printed and not handwritten.  The Customer is prohibited from entering any message and, more generally, any data that could be considered offensive to public order, morality, and/or the rights of third parties. The Customer assumes full responsibility for the content of the messages and shall indemnify DRAWIN'KIDS against any action or threat of action relating to said messages. Any legal defense costs incurred by DRAWIN'KIDS will be borne by the Customer.  For Products in stock, and in the absence of any payment issues, any order placed on the DRAWIN'KIDS website by Credit Card or PayPal before 12:00 PM (noon) is shipped the same day. Any order placed on Friday after 12:00 PM (noon) will be shipped the following Monday, as our offices are closed on weekends. Delivery times are estimates only. They do not include order preparation time (1 to 2 business days), nor any public holidays that may fall during order preparation or the delivery period. Shipping costs will not be refunded if delivery takes longer than the stated timeframe.  In any case, delivery times will not exceed 10 business days from the date the order is placed.  Standard Delivery via Colissimo or DHL: This delivery method allows the Customer to receive their package within an estimated 2 to 3 business days, excluding public holidays, from the date of shipment (i.e., excluding order preparation time, which can take 1 to 2 business days). Deliveries are made to the address provided when the order is placed. Deliveries are made Monday through Saturday morning, excluding public holidays. The package is handled by La Poste (the French postal service) and delivered to the address provided by the customer, without requiring a signature. If the customer is absent at the time of delivery, a delivery notice will be left at the address. This notice allows the customer to collect their package from the post office nearest to the delivery address upon signature and presentation of identification. The package will be held at La Poste for 15 calendar days. After this period, the package will be returned to DRAWIN'KIDS. If applicable, any costs incurred for reshipment will be borne by the customer. Express Delivery by DHL: This delivery method allows the customer to receive their package within an estimated 24 hours in France and between 2 and 4 business days for international deliveries. Orders must be placed Monday through Friday before 11:00 AM for next-day delivery before 6:00 PM, excluding public holidays. Orders placed from Friday afternoon through Sunday will be delivered starting Tuesday before 6:00 PM. The customer will receive a notification by email and/or SMS so they can choose their preferred delivery method: delivery to the address provided when placing the order, collection from a pick-up point if the customer is absent, collection from a neighbor, etc. The package will be delivered against signature at the delivery address provided by the customer. If the customer is absent at the time of delivery, a delivery notice will be left at the delivery address provided by the customer. This notice will allow the customer to collect their package from the post office nearest to the delivery address upon signature and presentation of identification. The package will be held at the post office for 15 calendar days. After this period, the package will be returned to DRAWIN'KIDS. If applicable, any costs incurred for reshipment are the responsibility of the Customer. Delivery via Chrono2shop or Mondial Relay: This delivery method allows the Customer to receive their package within an estimated 3 to 5 business days at their chosen Pickup Point. The Customer must present a valid form of identification to the staff member at the chosen Pickup Point in order to collect their package. The package is held at the Pickup Point for 5 calendar days. After this period, the package is returned to DRAWIN'KIDS. If applicable, any costs incurred for reshipment are the responsibility of the Customer. Warehouse Pickup: Warehouse pickup is available to customers residing in departments 44 (Loire-Atlantique) and 49 (Maine-et-Loire). After finalizing their order, the Customer receives an email stating that DRAWIN'KIDS will contact them to schedule a date and time to pick up their order at the DRAWIN'KIDS warehouse.  The warehouse is located at 9 rue Nungesser et Coli – 44522 MESANGER. Package collection requires a signature and presentation of identification. If a package is not collected after an unsuccessful delivery under the aforementioned conditions, or if the Customer fails to keep their scheduled warehouse collection appointment, and after a period of 6 months from the order date, the Customer will be considered to have abandoned their Products, despite having paid for them. DRAWIN'KIDS may then resell the Products, destroy them, or dispose of them as it sees fit without any obligation to provide a refund to the Customer.  8.3. Delivery Charges Delivery charges are offered as a flat rate. They depend on the delivery method chosen by the Customer and the destination. Delivery to a Pickup Point is free for orders over €90 (including all taxes) for a single order placed and paid for in full on the Website, for: mainland France, Belgium, and Luxembourg. Free delivery applies only to sheet refills, accessories, seating, and Play&Build game boards purchased individually. Our tables are not accepted for delivery to Pickup Points due to their large packaging. 8.4. Delivery Information When placing an order, the Customer must accurately complete the delivery form with their contact information (including name, surname, street number and name, postal code, telephone number, access code, and any access difficulties). DRAWIN'KIDS and the selected carrier cannot be held responsible for delivery failure resulting from an incorrect or poorly formulated delivery address provided by the Customer. The Customer must also ensure that the delivery address is accessible to the carrier and must indicate, at the time of placing their order, any access difficulties the carrier may encounter during delivery.  Depending on the difficulty of access, the Customer may be required to pay a specific and additional fee to the carrier, if they are able to provide it. If access appears impossible or too complicated, DRAWIN'KIDS reserves the right to cancel the Customer's order. In such cases, the Customer may not claim any compensation from DRAWIN'KIDS other than a refund of the order. DRAWIN'KIDS may change the delivery providers initially selected at the time of the order. These changes will not affect the delivery fee or the initially agreed-upon delivery service terms. 8.5. Delivery Tracking The Customer can track the status of their order at any time on the Website in their personal area under " My Account/My Orders ". The customer can also track their order by logging onto the Colissimo, Chronopost, and Mondial Relay websites using the tracking number assigned to their order. 8.6. Delivery Failure and Delay In the event of a delivery delay beyond the timeframe indicated by the carrier, the customer is asked to inform DRAWIN'KIDS in order to open a dispute or investigation file to locate the package. Packages are sometimes lost by carriers.  The customer is required to report the non-delivery of the package within seven (7) business days of receiving the shipping notification email from DRAWIN'KIDS. Under these circumstances, DRAWIN'KIDS will handle the necessary claims with the carrier in question. Once the claim has been filed and the investigation opened, it may take 3 to 4 weeks to receive a response from the carrier.  If the package is found, it will be immediately reshipped to the original delivery address. If the package is not found, the Customer may request that the same Product be resent (subject to availability), at DRAWIN'KIDS' expense. If the delivery time was an essential condition of the sale for the Customer at the time of placing the order, due to circumstances surrounding it, if the Customer had expressly notified DRAWIN'KIDS of this before concluding the contract, and if the delay or failure to deliver is not attributable to the Customer (incorrect or incomplete delivery information), the Customer may request cancellation of their order. If the delivery delay is caused by a case of force majeure, as defined by French case law, the Customer may not claim cancellation of their order. 8.7. Checking the Package and Products The Customer must check the condition of the package in the presence of the carrier and note any necessary reservations on the delivery slip in case of anomaly (impact, damage to the package, open package, etc.). DRAWIN'KIDS also advises the Customer to open the package in front of the carrier, to refuse delivery of the entire package if any of the Products are damaged or missing, and to note the precise reasons for refusal on the delivery slip.  In the absence of any reservations noted on the delivery slip, the Products will be deemed accepted by the Customer without reservation and no subsequent claims will be possible except in the case of a latent defect as defined by law and case law. Such reservations and claims must be sent to DRAWIN'KIDS within two (2) business days following delivery of the package by registered letter with acknowledgment of receipt and/or via the contact form available on the DRAWIN'KIDS website, and/or to the email address [email protected] In this written communication, the Customer must provide all necessary evidence to substantiate the anomalies observed and noted on the delivery slip, such as photographs.

ARTICLE 9 – TRANSFER OF RISK

Upon delivery, the Products become the responsibility of the Customer. No claims may be made against DRAWIN'KIDS for any loss and/or deterioration of the Products sold, or for any damage they may cause. 

ARTICLE 10 – RETURN / RIGHT OF WITHDRAWAL

10.1. Timeframe for a Return Request If the Customer wishes to return an item, and provided they meet the legal requirements set forth in the Consumer Code, they have fourteen (14) calendar days from the delivery date to inform DRAWIN'KIDS, either by email to [email protected] , via the Website by accessing their personal area "My Account/My Orders/Request a Return", or by sending a letter to the following address: DRAWIN'KIDS – 9 rue Nungesser et Coli – 44522 Mésanger, France. To avoid any dispute regarding the date on which the right of withdrawal is exercised, the Customer is strongly advised, when withdrawing by sending a letter, to send said letter by registered mail with return receipt requested. The Customer must wait for confirmation of the return from DRAWIN'KIDS and the issuance of the return slip to be included in the package before returning the Product(s).   10.2. Product Return Period From the moment DRAWIN'KIDS accepts the return request and issues a return slip, the Customer has fourteen (14) calendar days to return the Products subject to the withdrawal. Otherwise, the Customer will be deemed to have waived their right of withdrawal and DRAWIN'KIDS will not be required to issue any refund to the Customer.  10.3. Return Shipping Costs The shipping costs associated with the return are borne by the Customer. As an exception, DRAWIN'KIDS reserves the right to offer free shipping at its discretion when the Products are neither bulky nor fragile. The customer will be informed in writing of this shipping cost waiver at the time of return confirmation.    10.4. Customer Responsibilities: The return of Products is the responsibility of the Customer. Returned Products must be in perfect condition for resale, complete (accessories, instructions), and in their original packaging. Incomplete, damaged, or soiled Products cannot be returned. Credit or refund will only be issued after receipt and inspection of the Products. Products  are packaged to comply with current transport standards and to ensure optimal protection during delivery. Therefore, the Customer is asked to adhere to these same standards when making a return.  In the event of a return, if a Product is damaged due to insufficient packaging and cannot be resold in its current condition, DRAWIN'KIDS reserves the right not to refund the Customer. 10.5. Bulky or Fragile Products : For bulky or fragile products delivered via a specialized carrier, the Customer may only arrange for the return of their Product after having first informed DRAWIN'KIDS.  At the Client's request, DRAWIN'KIDS may arrange for a specialized carrier to collect the Products subject to the withdrawal. DRAWIN'KIDS will only collect the Product once the Client has paid the return shipping costs within [-] of the date the payment request was submitted. If payment is not received within this period, the Client will be deemed to have waived their right of withdrawal, and DRAWIN'KIDS will not be obligated to issue any refund.  DRAWIN'KIDS advises the Client to carefully consider their choice of carrier and to purchase insurance from them. If the Products arrive damaged or are lost, DRAWIN'KIDS cannot be held responsible and will not be able to issue a credit note or refund. The goods travel at the Client's risk. After receipt, inspection of the merchandise, and validation of the return (for products that can be resold), the Customer receives, at their option, a credit note or a refund of the amounts received by DRAWIN'KIDS for the initial order, under the conditions of Article 10.7. 10.6. Exchanges Standard exchanges are not possible. If the Customer wishes to exchange a Product, they must return it to DRAWIN'KIDS according to the return procedures outlined in Article 10.1; then place a new order. 10.7. Refund/Credit Note When the right of withdrawal is exercised, DRAWIN'KIDS undertakes to refund the Customer the amount of the returned product(s) in perfect condition for resale, from the date of receipt of the product(s), and depending on the condition of the product(s), as per Article 10.4.  DRAWIN'KIDS will issue the refund using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to allow DRAWIN'KIDS to use a different payment method and provided that the refund does not incur any costs for the Customer. 10.8. Exception to the Right of Withdrawal By way of exception to the principle set out in Article 10.1 above, pursuant to Article L. 221-28 of the French Consumer Code, the Customer does not have a right of withdrawal for contracts: " 1° For the supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal; 2° For the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period; 3° For the supply of goods made to the consumer's specifications or clearly personalized; 4. The supply of goods liable to deteriorate or expire rapidly; 5. The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 6. The supply of goods which, after delivery, are, by their nature, inseparably mixed with other items; 7. The supply of alcoholic beverages where delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader; 8. Emergency maintenance or repair work to be carried out at the consumer's home and expressly requested by the consumer, limited to the spare parts and work strictly necessary to address the emergency; 9. The supply of audio or video recordings or computer software which have been unsealed by the consumer after delivery; 10. The supply of a newspaper, periodical, or magazine, except for subscription contracts for such publications; 11. Contracts concluded at a public auction; 12. The provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering, or leisure activities that are to be provided on a specific date or during a specific period; 13. The supply of digital content not supplied on a tangible medium where performance has begun after the consumer's express prior consent and express waiver of their right of withdrawal. Consequently , for the supply of Products liable to deteriorate rapidly or which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection, the Customer will not be able to withdraw from the contract. 

ARTICLE 11 – RESERVATION OF OWNERSHIP

DRAWIN'KIDS retains ownership of the Products supplied until full payment is received. This provision does not preclude the transfer of risk associated with the Products sold to the Customer upon shipment.  The Customer will therefore be obligated to pay the price of the Products, even in the event of loss due to unforeseen circumstances or force majeure, including theft, fire, destruction, etc. The Customer may not dispose of the Products in any way whatsoever without the prior express consent of DRAWIN'KIDS. In the event of non-payment, DRAWIN'KIDS will also be entitled to repossess the Products at the Customer's expense.

ARTICLE 12 – NON-CONFORMITY OF PRODUCTS AND HIDDEN DEFECTS

Products sold by DRAWIN'KIDS are covered by the following legal guarantees, without additional charge and independently of the right of withdrawal: the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-14 of the French Consumer Code; and the legal guarantee against hidden defects mentioned in Articles 1641 to 1648 of the French Civil Code, which render the sold product unfit for use or so significantly diminish its usefulness that the Customer would not have purchased it, or would have paid a lower price, had they been aware of the defects. DRAWIN'KIDS shall not be held liable in the following cases: failure to comply with the legislation of the country in which the products are delivered; and in the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as in the event of normal wear and tear of the product, accident, or force majeure. In the event of a lack of conformity, the Customer may choose between repair and replacement of the Product (except as provided for in Article L. 217-10 of the French Consumer Code). However, DRAWIN'KIDS may refuse the Customer's choice if it entails a cost that is clearly disproportionate to the other option, taking into account the value of the Product or the significance of the defect. In such a case, DRAWIN'KIDS is obligated to proceed, unless impossible, according to the option not chosen by the Customer. In the event of a latent defect, the Customer may choose to return the Product and receive a full refund, or to keep the Product and receive a partial refund, the amount of which will be determined by experts.

ARTICLE 13 – LIABILITY

13.1. DRAWIN'KIDS reminds users that the use of the Products requires continuous supervision by an adult of sound mind and physical ability to effectively supervise children using the Products when such use is restricted to them. Users of the Products must ensure their proper use. 13.2. DRAWIN'KIDS cannot be held liable if the Product violates the laws of the destination country. It is the Customer's responsibility to check with the local authorities in the destination country to determine whether the importation of said Product is permitted. 13.3. DRAWIN'KIDS cannot be held liable for any indirect inconvenience related to the use of the internet, such as service interruptions or the presence of a computer virus, or related to events of force majeure, in accordance with French case law.

ARTICLE 14 – INTELLECTUAL PROPERTY

14.1. All elements displayed on the DRAWIN'KIDS website (images, photographs, logo, trademark, icons, graphic charter, texts, descriptions, etc.) belong to DRAWIN'KIDS or to third parties who have authorized DRAWIN'KIDS to use them. All these elements are protected by copyright, trademark law, and all other intellectual property rights. 14.2. Any use of any kind whatsoever, without authorization, of any of these elements is strictly prohibited and may be subject to prosecution, unless prior written consent is obtained from DRAWIN'KIDS. Any copying or exploitation, even partial, and regardless of the medium, is prohibited. 14.3. The products marketed by DRAWIN'KIDS, as well as their shapes, designs, models, game boards, accessories, or specific functionalities, are original creations protected under intellectual property law. Some of these models have been officially registered with the European Union Intellectual Property Office (EUIPO). Any reproduction, imitation, distribution, or exploitation, in whole or in part, of these creations without the prior written authorization of DRAWIN'KIDS constitutes an act of infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code. DRAWIN'KIDS reserves the right to take any action, civil or criminal, against any person or entity infringing its rights.

ARTICLE 15 – ACCESS TO THE WEBSITE

15.1. The Site is freely accessible seven (7) days a week (7) and twenty-four (24) hours a day (24). However, DRAWIN'KIDS does not guarantee flawless operation of the internet support and cannot be held liable for it. DRAWIN'KIDS is in no way responsible for any failure or malfunction of the Site or the customer account. All hardware and software necessary to access the Site and use the Services remain the sole responsibility of the Customer.  15.2. DRAWIN'KIDS reserves the right to temporarily interrupt access to the Site or access to the customer account for maintenance or improvement purposes. DRAWIN'KIDS promises, however, to notify its customers as soon as possible.

ARTICLE 16 – PERSONAL DATA 

16.1. The Customer has the right to access, modify, or delete their personal data on the DRAWIN'KIDS website at any time, in accordance with Article 34 of the French Data Protection Act of January 6, 1978. 16.2. After registering on the Site, DRAWIN'KIDS may send the Customer information, newsletters, or promotional offers. The Customer remains free to unsubscribe or modify their subscription through their personal account, in the "My Account/Account Details" section, or via the hyperlink at the bottom of the newsletters received by email. DRAWIN'KIDS undertakes to respond to these requests as quickly as possible. 16.3. DRAWIN'KIDS undertakes never to disclose the Customer's email address to any third party except as necessary for order fulfillment. 16.4. The Customer's bank details never pass through the DRAWIN'KIDS network and are not stored. Bank details are encrypted and processed directly by the Monetico and PayPal payment systems. 16.5. DRAWIN'KIDS uses a data collection system called "cookies." Cookies allow DRAWIN'KIDS to maintain a customer history, so that the customer can, in particular, retrieve the contents of their shopping cart when they return to the Site. 

ARTICLE 17 – DISPUTES

These General Terms and Conditions of Sale are governed by French law. In the event of disagreement or dissatisfaction, the Customer is encouraged to contact DRAWIN'KIDSin order to seek an amicable solution. The Customer can contact us free of charge for this purpose:

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, DRAWIN'KIDS has implemented a consumer mediation system. The designated mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of an unresolved dispute, the Customer may contact the mediator free of charge.

In accordance with Article L.612-2 of the French Consumer Code, recourse to mediation is only possible if the Customer has first contacted DRAWIN'KIDS customer service and no amicable solution has been found. Furthermore, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may also consult the European online dispute resolution (ODR) platform accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR . In the absence of an amicable resolution, any dispute relating to the interpretation, performance, or validity of the contract shall be subject to the exclusive jurisdiction of the courts of Nantes. Version of 17/07/2025.

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