General Conditions of Sale

ARTICLE 1 – PREAMBLE

1.1. The website www.drawinkids.com (hereinafter the “ Site ”) is operated by DRAWIN'KIDS, a simplified joint-stock company with a capital of 1,000 euros, registered in the Nantes trade and companies register under number 898382767, whose registered office is located at 9 rue Nungesser et Coli, 44522 Mésanger and for intra-community VAT number FR15898382767 (hereinafter “ DRAWIN'KIDS ”). On the Site, DRAWIN'KIDS offers for sale various products relating to children (hereinafter the “ Product(s) ”).

1.2. It is possible to contact DRAWIN'KIDS, either by e-mail: hello@drawinkids.com , 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 Conditions of Sale govern the contractual relations between the company DRAWIN'KIDS and any person placing an order (hereinafter the “ Customer(s) ”) on the website www.drawinkids.com .

2.2. The General Conditions of Sale express the entirety of the obligations of the parties and prevail over all other conditions, including in particular any purchasing conditions 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 capacity required to contract and acquire the Products, declares having read these General Conditions of Sale and having accepted them by ticking the box provided for this purpose before implementing the online ordering procedure.

ARTICLE 3 – CREATION OF AN ACCOUNT

3.1. To place an order on the site, the Customer must create an account by providing the information required in the registration form.

3.2. To this end, the Customer undertakes to provide true, accurate, up-to-date and complete information, including information about his or her identity. In particular, the Customer undertakes not to create a false identity and not to usurp the identity of another legal or natural person.

3.3 Any information that is false, inaccurate, erroneous, outdated, incomplete, misleading or likely to mislead may result in the closure of the Customer's account and the cancellation of their order.

3.4. DRAWIN'KIDS cannot be held liable in any way in the event of non-execution and/or partial execution of the order, linked to the provision of inaccurate information by the Customer.

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 under their sole responsibility.

3.6. The Client undertakes 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 Client's identifiers are lost, stolen or hacked, the latter must inform DRAWIN'KIDS without delay and change their identifiers, at least their password, as soon as possible.

3.9. Once the account has been created, the Client receives an email confirming the creation of their account.

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) that 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 will be able to choose their secure payment method.

To validate his order, the Customer must log in or create an account, as stipulated in article 3.

DRAWIN'KIDS alerts the Customer to the importance of checking and updating the information for the perfect execution of the order (telephone number, digital code, floor, accessibility, etc.)

DRAWIN'KIDS cannot be held responsible for data entry errors by the Customer or missing information resulting in a delay, error, or impossibility of delivery. In these cases, the costs incurred by any possible reshipment will be borne by the Customer.

The Customer will only be able to finalize his order and access secure payment if he has accepted the General Conditions of Sale, by checking the box " I have read and accept the general conditions of sale ". The fact that the Customer checks this box constitutes an irrevocable acceptance which cannot be called into question subject to the implementation of his right of withdrawal under the legal conditions as recalled herein. It is reminded that the Customer acknowledges by checking this box having read, understood and accepted these General Conditions of Sale.

4.3. The order is only final upon receipt and collection by DRAWIN'KIDS of the payment made by the Customer.

4.4. The dispatch of the Products and their manufacture, where applicable, only take place after receipt of full payment of the price of the Products, all taxes included, by the Customer.

4.5. Any order is deemed firm and, subject to the provisions of these General Conditions of Sale, may only be cancelled with the express written consent of DRAWIN'KIDS and under conditions which will compensate it for any loss or damage caused by this cancellation.

4.6. DRAWIN'KIDS reserves the right to refuse or cancel any order from a Customer involved with it in a resolved or unresolved dispute.

DRAWIN'KIDS reserves the right not to proceed with an order and undertakes to inform the Customer, in the event of a supply problem, failure of a Product or a supplier, an abnormally high quantity of Product, a problem with the Customer's payment, a malfunction of the Site which would display an abnormally low price. DRAWIN'KIDS also reserves the right to request any additional document proving the Customer's identity.

ARTICLE 5 – OFFER AND AVAILABILITY OF PRODUCTS

5.1. The selection of Products made by DRAWIN'KIDS may be subject to change. DRAWIN'KIDS reserves the right to modify this selection, to remove Products from the catalog, to modify the specifications, characteristics and content of the Products for any reason.
These modifications and deletions may occur at any time and without notice.

5.2. DRAWIN'KIDS presents the characteristics of the Products on the Site, in particular through descriptive sheets, but does not guarantee the accuracy and completeness of the information provided, the latter having as its main origin the data communicated by the manufacturers or suppliers of the Products.

5.3. The information describing the Products is provided for informational purposes only. DRAWIN'KIDS invites the Customer to fully read this information before placing an order. DRAWIN'KIDS cannot be held responsible for any misinterpretation or use of the Product, resulting in direct or indirect damage suffered by the Customer or by third parties, it being recalled that the Customer is solely responsible for the choice of products and their proper use.

5.4. The photographs and graphics presented on the Site and in emails sent by DRAWIN'KIDS are provided for information purposes only. DRAWIN'KIDS makes every effort to ensure that the photographic and graphic representation of the Products is as faithful 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 Site or in emails. It is possible that the Customer's perception of the photographic or graphic representation does not fully correspond to reality. In this case, DRAWIN'KIDS cannot be held responsible for this difference in perception. 

5.5. DRAWIN'KIDS undertakes to honor orders received within the limits of available stocks of Products.

5.6. The availability of the products is thus mentioned on the Product description sheet: “ in stock ”, “ being restocked ”, “ on order ”, or “ out of stock ”.

5.7. If a Product is not available, it will not be possible for the Customer to add it to their shopping cart. If a Product is ultimately unavailable after a Customer has placed an order, DRAWIN'KIDS will notify the Customer as soon as possible by email or telephone. If applicable, the Customer may accept the new delivery date, exchange the unavailable Product for another Product at 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 no cancellation compensation (apart from the refund of the unavailable Product) may be requested by the Customer.

ARTICLE 6 – PRICE

6.1. The prices of the Products sold are indicated in euros, all taxes included (in particular eco-participation tax) and excluding delivery costs.

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 costs, packaging costs and other order processing costs.

6.3. As the prices of DRAWIN'KIDS suppliers are constantly evolving, DRAWIN'KIDS reserves the right to modify the prices displayed on the Site at any time and without notice. DRAWIN'KIDS undertakes, where applicable, to apply the current prices that will have been indicated to the Customer at the time of placing the order.

6.4. If one of the prices of the Products sold on the Site contains an error, due to an input error or a system malfunction, DRAWIN'KIDS will inform the Customer as soon as possible. Regardless of the price error, whether too low or too high, the Customer may, after being notified of the exact 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
• higher than that appearing at the time of acceptance of the order, DRAWIN'KIDS will invite the Customer to pay the difference between the amount already paid and the amount finally due.
  In the event of refusal of the new price and cancellation of the Customer's order, DRAWIN'KIDS undertakes to reimburse as soon as possible the amount paid by the Customer for the Product(s) concerned.

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 cash, in full, upon placing the order. It must be paid using one of the secure payment methods offered by DRAWIN'KIDS.

7.2. Payment for orders is made exclusively in euros. For payments by bank transfer, whether in euros or in foreign currencies, all bank charges are the responsibility of the Customer.

7.3. The Customer undertakes to pay directly to the freight forwarder or carrier, customs duties, VAT or other taxes due on the occasion of the importation of the Products ordered into the country of the place of delivery chosen by the Customer.

7.4. The Customer has several means of payment to pay for his order:

By bank card : Carte Bleue, Visa, Euro/Mastercard.

The Customer must enter their card number, its expiration date, and the control number on the back of the card. Cards issued by banks located outside France must be international bank cards.

DRAWIN'KIDS implements all necessary means to ensure the security and confidentiality of data transmitted online. To this end, credit card payment transactions take place on the secure server of the Monetico online payment solution. This solution uses the SSL (Secure Socket Layer) encryption process. This system encrypts the bank details entered during their transmission over the network. The encrypted transmission of bank details is indicated on the Customer's browser by the appearance of a padlock symbol. 

By Bank Transfer  : When placing an order, the Customer receives an email with DRAWIN'KIDS's bank details. The order is shipped as soon as the transfer is made and visible on DRAWIN'KIDS's bank account.

By Paypal : In order to use this payment method, the Customer must have a Paypal account allowing them to pay for their order in accordance with the instructions indicated on the Site. The Customer is solely responsible for the use of their Paypal account.

By Administrative Order : This payment method is reserved for public bodies. The order will be validated and processed only upon receipt of the agreement of 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 an order, that he is fully authorized to use the method chosen for the payment of his order and that he has any necessary authorizations to use the payment method concerned.

7.6. In order to prevent fraudulent use of payment methods, the Customer may be asked to send DRAWIN'KIDS by email or post a copy of an 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 following the order placement, and if the documents do not allow the identity of the person placing the order and the accuracy of the address to be established with certainty, the order will be deemed to be automatically cancelled without DRAWIN'KIDS being held liable.

7.7. DRAWIN'KIDS reserves the right to suspend any order processing and delivery in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. DRAWIN'KIDS reserves the right to refuse a delivery or to honor an order in the event of an ongoing or past dispute with a Customer, in particular for non-payment.

7.8. The order form that the Customer establishes online or the order confirmation sent by email to the Customer by DRAWIN'KIDS does not serve as an invoice. The invoice is not attached to the package, it is sent by email when the package has been received by the recipient. The Customer can find the invoice corresponding to his order on the website www.drawinkids.com in the "My Account/My Orders" section.

ARTICLE 8 – DELIVERY

8.1. Place of delivery

Deliveries are made to: France and overseas territories: mainland France, Corsica, Guadeloupe, Guyana, Reunion Island, Martinique and Mayotte.

Europe: Belgium, Luxembourg, Switzerland, Germany, Spain, Italy, Vatican, United Kingdom (UK), Austria, Denmark, Ireland, Poland, Portugal, Czech Republic, Bulgaria, Croatia, Estonia, Finland, Greece, Hungary, Latvia, Lithuania, Norway, Romania, Slovenia, Slovakia, Sweden.

World: 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, Vietnam.

In principle, the Products are delivered, after payment of the order has been recorded, to the delivery address indicated by the Customer at the time of placing the order. In the event of an error or missing information in the Customer's contact details (in particular, surname, first name, street number and name, postal code, telephone number, digital code, access difficulties, etc.), DRAWIN'KIDS cannot be held responsible for late delivery, impossibility or delivery error.

In this case, the costs incurred by any possible reshipment shall be borne by the Customer.

 

An email is sent to the Customer to inform them that their package has been shipped.

8.2. Delivery methods and times

Several delivery methods are offered to the Customer. They vary depending on the Products chosen by the Customer and the final volume of the package.

The Customer is informed that the Products may be delivered in one or more packages. 

On the Site, the Customer has the possibility, when the option is provided, to have the Products ordered packaged provided that their dimensions are compatible with the packaging method. 

The Customer also has the option, when the option is provided, to have a sheet containing a specific message for the recipient inserted into the package(s). The Customer is informed that said message is printed and not handwritten. 

The Customer is prohibited from entering any message and, more generally, any data that may undermine public order, morality and/or the rights of third parties. The Customer shall assume 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 defense costs incurred by DRAWIN'KIDS shall be borne by the Customer. 

For Products in stock, and in the absence of payment incidents, any order placed on the DRAWIN'KIDS website by Credit Card or Paypal before 12:00 (midday) is shipped the same day. Any order placed on Friday after 12:00 (midday) will be shipped the following Monday, our offices being closed on weekends.

Delivery times are given as an indication. They do not take into account the time taken to prepare the order (1 to 2 working days), nor public holidays that may occur during the preparation of the order or the delivery period.

No refund of shipping costs will be made in the event of delivery within a period longer than those indicated. 

In any event, delivery times may not exceed 10 working days from the date the order is placed. 

Standard Delivery by Colissimo or DHL:

This delivery method allows the Customer to receive their package within an indicative period of 2 to 3 working days, excluding public holidays, from dispatch (i.e. excluding order preparation time which may take 1 to 2 working days). Deliveries are made to the address indicated at the time of placing the order. They are made from Monday to Saturday morning, excluding public holidays. The package is picked up by La Poste and then delivered to the delivery address indicated by the Customer, without signature. In the event of absence at the time of delivery, a calling card is left at the delivery address indicated by the Customer. This allows the Customer to collect their package from the Post Office closest to the delivery address against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to DRAWIN'KIDS. Where applicable, the costs incurred by any possible reshipment shall be borne by the Customer.

Express Delivery by DHL:

This delivery method allows the Customer to receive their package within an indicative period of 24 hours in France and between 2 and 4 working days for international deliveries. The order must be placed from Monday to Friday before 11:00 a.m. for delivery the next day before 6:00 p.m., excluding public holidays. Orders placed from Friday afternoon to Sunday inclusive will be delivered from Tuesday before 6:00 p.m. The Customer receives a notification by email and/or text message so that they can choose their personalized delivery method: delivery to the address indicated when placing the order, collection from a collection point in case of absence, collection from a neighbor, etc.

The package is delivered against signature to the delivery address indicated by the Customer. In case of absence at the time of delivery, a calling card is left at the delivery address indicated by the Customer. This allows the Customer to collect their package from the Post Office closest to the delivery address against signature and presentation of an identity document. The package is kept pending at La Poste for 15 calendar days. Beyond this period, the package is returned to DRAWIN'KIDS. If applicable, the costs incurred by any possible reshipment are the responsibility of the Customer.

Delivery by Chrono2shop or Mondial Relay

This delivery method allows the Customer to receive their package within an indicative period of 3 to 5 working days at the Relay Point of their choice. The Customer must present their valid identity document to the manager of the chosen Relay Point in order to collect their package. The package is kept pending at the Relay Point for 12 calendar days. Beyond this period, the package is returned to DRAWIN'KIDS. Where applicable, the costs incurred by any possible reshipment are the responsibility of the Customer.

Warehouse pickup

Warehouse pickup is open to customers living in departments 44 (Loire-Atlantique) and 49 (Maine-et-Loire). After finalizing their order, the Customer receives an email specifying that DRAWIN'KIDS will contact them to set a date and time for an appointment to collect their order from the DRAWIN'KIDS warehouse. 

The warehouse is located at 9 rue Nungesser et Coli – 44522 MESANGER.

Package collection is done against signature and presentation of an identity document.

In the event of non-collection of a package after an unsuccessful delivery under the aforementioned conditions or a collection appointment at the warehouse not honored by the Customer and after the expiration of a period of 6 months from the placing of the order, the Customer will be deemed to have abandoned his Products even though paid for. DRAWIN'KIDS may put said Products back on sale, destroy them or dispose of them as it sees fit without having to make any reimbursement to the Customer. 

8.3. Delivery rates

Delivery rates are offered as a flat rate. They depend on the delivery method chosen by the Customer and the destination.

Delivery to a Relay Point is free for purchases over 90 euros including all taxes, within the framework of a single order placed and paid in full on the Site, for: mainland France, Belgium and Luxembourg.

8.4. Delivery Information

When ordering, the Customer must accurately complete the delivery form with their contact details (including surname, first name, house number and name, postal code, telephone number, digital code, access difficulties, etc.). DRAWIN'KIDS and the selected carrier cannot be held responsible for any delivery failure resulting from an incorrect or incorrectly formulated delivery address by the Customer.

The Customer must also ensure that the delivery address is accessible by the carrier and must mention, at the time of ordering, any access difficulties that the carrier may encounter during delivery.

 Depending on the difficulty of access, the Customer may be required to pay a specific and additional service to the carrier, if they are able to provide it.

In the event that accessibility appears impossible or too complicated, DRAWIN'KIDS reserves the right to cancel the Customer's order. No compensation, other than a refund of the order, may then be requested from DRAWIN'KIDS by the Customer.

At any time, DRAWIN'KIDS may change the delivery service providers initially planned when ordering. These changes will not affect the delivery package or the delivery terms initially planned.

8.5. Delivery tracking

The Customer can track the status of their order at any time on the Site in their personal space " My account/My orders ". They can also track the delivery of their order by logging into the Colissimo, Chronopost and Mondial Relay websites using the tracking number assigned to their order.

8.6. Failure and delay in delivery

In the event of a delivery delay compared to the time indicated by the carrier, the customer is invited to inform DRAWIN'KIDS in order to open a dispute file or investigation to search for the package. Packages are sometimes lost by carriers. 

The Customer is required to report the failure to deliver the package within seven (7) working days following receipt by email of the shipping notice from DRAWIN'KIDS.

Under these conditions, DRAWIN'KIDS will take care of making the necessary claims with the carrier concerned. Once the claim and investigation have been made, it may take 3 to 4 weeks to receive a response from the carrier.

 If the package is found, it will be immediately re-routed to the original delivery address. If the package is not found, the Customer may then request the resend of the same Product (within the availability period), at DRAWIN'KIDS's expense.

If the delivery time constituted for the Customer at the time of placing the order an essential condition of the sale resulting from the circumstances surrounding it, if the Customer had expressly notified DRAWIN'KIDS before the conclusion of the contract, and if the delay or failure to deliver is not due to the Customer (incorrect or incomplete delivery information), the Customer may request cancellation of his order. If the delay in delivery is caused by a case of force majeure, as defined by the case law of the French courts, the Customer may not claim cancellation of his order.

8.7. Verification of the package and the Products

The Customer must check the condition of the package in front of the carrier and make the necessary reservations on the delivery slip in the event of an anomaly (shock, damage to the package, open package, etc.).
DRAWIN'KIDS also invites the Customer to open the package in front of the carrier, to refuse delivery of the package in its entirety if one of the Products is damaged or missing, and to mention on the delivery slip the precise reasons for refusing delivery.

 In the absence of reservations mentioned on the delivery slip, the Products will be deemed accepted by the Customer without reservation and may not be the subject subsequent claim except in the event of a hidden defect as defined by law and case law.

Said reservations and complaints must be addressed to DRAWIN'KIDS, within two (2) working days following delivery of the package by registered letter with acknowledgment of receipt and/or via the contact available on the DRAWIN'KIDS website, and/or to the email address hello@drawinkids.com
In this writing, the Customer must provide all justification as to the reality of the anomalies noted and reported on the delivery slip, such as photos for example.

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. Deadline for a return request

If the Customer wishes to make a return and provided that it meets the legal conditions set out by the Consumer Code, he has a period of fourteen (14) calendar days from the delivery date to inform DRAWIN'KIDS, either by email to hello@drawinkids.com , or via the Site by going to his personal space "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. In order to avoid any dispute regarding the date of implementation of the right of withdrawal, it is strongly recommended that the Customer, when withdrawing by sending a letter, send said letter by registered mail with acknowledgment of receipt.

The Customer must wait for confirmation of return from DRAWIN'KIDS and the issue of the return slip to be attached to the package, before returning the Product(s).

 
10.2. Deadline for returning Products

From the moment DRAWIN'KIDS has accepted the return request and issued a return slip, the Customer has fourteen (14) calendar days to return the Products subject to withdrawal. Failing this, the Customer will be deemed to have waived the exercise of his right of withdrawal and DRAWIN'KIDS shall not be required to make any reimbursement to the Customer. 

10.3. Return costs

Return shipping costs are the responsibility of the Customer. As an exception, DRAWIN'KIDS reserves the right to offer them at its discretion when the Products are not bulky or fragile. The Customer will be informed in writing of this exemption from shipping costs 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, in their entirety (accessories, instructions), and in their original packaging. Incomplete, damaged, damaged or soiled Products cannot be returned. Credit or reimbursement will only be issued after receipt and inspection of the Products. 

The Products are packaged in such a way as to comply with the current transport standards, and to ensure optimal protection of the Products during delivery. Consequently, the Customer is requested to comply with these same standards when returning them.

 In the event of a return, if a Product is returned damaged due to insufficient quality packaging and can no longer be resold as is, DRAWIN'KIDS reserves the right not to reimburse the Customer.

10.5. Bulky or fragile products

For bulky or fragile products delivered via a specialized carrier, the Customer can only organize the return of their Product after having previously informed DRAWIN'KIDS. 

DRAWIN'KIDS may, at the Customer's request, arrange for a specialist carrier to collect the Products subject to withdrawal. The Product will then only be collected by DRAWIN'KIDS once the Customer has paid the return costs within [–] of the payment request being submitted. In the absence of payment within the said period, the Customer will be deemed to have waived their right of withdrawal and DRAWIN'KIDS shall not be required to make any reimbursement to the Customer. 

DRAWIN'KIDS encourages the Customer to be vigilant in choosing the carrier and to take out insurance with 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 under the Customer's responsibility.

After receipt, inspection of the goods, and validation of the return (Product can be put back on sale), the Customer receives, at their choice, a credit note or reimbursement of the sums received by DRAWIN'KIDS during the initial order under the conditions of article 10.7.

10.6. Exchange

Standard exchanges are not possible

If the Customer wishes to exchange a Product, he/she must return it to DRAWIN'KIDS, in accordance with the return procedures set out in article 10.1; then place a new order.

10.7. Refund/Credit

When the right of withdrawal is exercised, DRAWIN'KIDS undertakes to reimburse the Customer for the amount of the product(s) returned in perfect condition for resale, from the receipt of the product(s), and depending on the condition of the products, in accordance with Article 10.4. 

DRAWIN'KIDS will make the refund using the same means of payment as that used by the Customer during the initial transaction, unless the Customer expressly agrees to allow DRAWIN'KIDS to use another means of payment and provided that the refund does not incur any costs for the Customer.

10.8. Exception to the right of withdrawal

As an exception to the principle set out in Article 10.1 above, in application of Article L. 221-28 of the Consumer Code, the Customer does not have a right of withdrawal for contracts:

« 1° The provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;

2° 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° Supply of goods made according to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° 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° Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose 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 professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded at a public auction;

12° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;

13° Supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal. »

Consequently, for the supply of Products likely 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 may not withdraw from his commitment. 

ARTICLE 11 – RESERVATION OF OWNERSHIP

DRAWIN'KIDS reserves ownership of the Products supplied until the day they are paid for in full. This provision does not prevent the transfer to the Customer of risks related to the products sold, upon shipment of the Products. 

The Customer will therefore be required to pay the price of the Products, including in the event of disappearance due to fortuitous events or force majeure, and in particular in the event of 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 carry out or have carried out the recovery of the Products at the Customer's expense.

ARTICLE 12 – NON-CONFORMITY OF PRODUCTS AND HIDDEN DEFECTS

The Products sold by DRAWIN'KIDS benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions of:
the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-14 of the consumer code; and

of the legal guarantee due to hidden defects mentioned in articles 1641 to 1648 of the civil code which make the Product sold unfit or reduce its use so much that the Customer would not have acquired it or would have paid a lower price for it if he had known about them.

DRAWIN'KIDS cannot be held liable in the following cases:
non-compliance 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 on the part of the Customer, 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 chooses between repair and replacement of the Product (except as provided for in Article L. 217-10 of the Consumer Code). However, DRAWIN'KIDS may not proceed according to the Customer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the Product or the extent of the defect. It is then required to proceed, unless impossible, according to the method not chosen by the Customer.
In the event of a hidden defect, the Customer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded, as arbitrated by experts.

ARTICLE 13 – LIABILITY

13.1. DRAWIN'KIDS reminds that the use of the Products requires continuous supervision by an adult with full physical capacity who can ensure effective supervision of children using the Products when this use is reserved for them. Users of the Products must ensure the correct use of the Product.

13.2. DRAWIN'KIDS cannot be prosecuted if the Product violates the legislation of the destination country. It is the Customer's responsibility to check with the local authorities of the destination country whether the importation of the said Product is authorized.

13.3. DRAWIN'KIDS cannot be held liable for any indirect inconvenience linked to the use of the internet network such as a breakdown in service or the presence of a computer virus, or linked to acts of God, in accordance with French case law.

ARTICLE 14 – INTELLECTUAL PROPERTY

14.1. All elements presented on the DRAWIN'KIDS website (images, photographs, logo, brand, 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 liable to prosecution, except with the prior written consent of DRAWIN'KIDS. Any copying or exploitation, even partial, and whatever 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 prior written authorization from DRAWIN'KIDS, constitutes an act of counterfeiting punishable by Articles L.335-2 et seq. of the 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. However, DRAWIN'KIDS does not guarantee flawless operation of the internet support, and cannot be held responsible for it. DRAWIN'KIDS is in no way responsible for any breakdown or malfunction of the Site or the customer account.

All hardware and software necessary for access to the Site and use of the Services remain the exclusive responsibility of the Client. 

15.2. DRAWIN'KIDS reserves the right to temporarily interrupt access to the Site or access to the customer account for reasons of maintenance or improvement of the Site. DRAWIN'KIDS, however, promises to notify its customers as soon as possible.

ARTICLE 16 – PERSONAL DATA 

16.1. The Customer has the right at any time to access, modify or delete data concerning him/her and appearing on the DRAWIN'KIDS website, in application of article 34 of the "Informatique et Libertés" law of January 6, 1978.

16.2. After registering on the Site, DRAWIN'KIDS may send information, newsletters or promotional offers to the Customer. The latter, however, remains free to unsubscribe or modify his subscription through his personal account, in the "My Account/Account Details" section, or through the hyperlink appearing at the bottom of the newsletters received by email. DRAWIN'KIDS then undertakes to respond to these requests as quickly as possible.

16.3. DRAWIN'KIDS undertakes never to communicate the Customer's email address to a third party except for the purposes of fulfilling orders.

16.4. The Customer's banking information never passes through the DRAWIN'KIDS network and is not recorded. Banking information is encrypted and is 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 keep a customer history, so that the customer can find the contents of their basket when they log on to the Site again. 

ARTICLE 17 – DISPUTES

These General Conditions of Sale are subject to French law.

In the event of disagreement or dissatisfaction, the Customer is invited to contact DRAWIN'KIDS as a priority , in order to seek an amicable solution.
To do this, the Customer can contact us free of charge:

• by email: hello@drawinkids.com
• by phone (cost of a local call): 06.31.83.21.72

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

• online: https://www.cnpm-mediation-consommation.eu/
• or by post to the following address:
  CNPM MÉDIATION CONSOMMATION
  27, avenue de la Libération – 42400 SAINT-CHAMOND

In accordance with Article L.612-2 of the Consumer Code, recourse to the mediator is only possible on condition that the Customer has previously contacted DRAWIN'KIDS customer service, and that 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 Client 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, execution or validity of the contract will be submitted to the exclusive jurisdiction of the courts of Nantes.

Version of 07/17/2025.