ARTICLE 1 – PREAMBLE
1.1. The site www.drawinkids.com (these Conditions – after 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 the number 898 382 767 whose head office is located at 95 Impasse Blaise Pascal, 44150 Ancenis and for intra-community VAT number FR15898382767 (hereinafter “DRAWIN’KIDS”). On the Site, DRAWIN’KIDS offers for sale various products relating to childhood (hereinafter the “Product (s)”).
1.2. It is possible to contact DRAWIN’KIDS, either by e-mail: hello@drawinkids.com, or by post 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 all the obligations of the parties and prevail over all other conditions, including in particular any purchase condition specific to the Customer, unless otherwise agreed in advance, express 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 to have read these General Conditions of Sale and to have accepted them by checking 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 agrees to provide true, accurate and up-to-date and complete information, including his identity. The Customer undertakes in particular not to create a false identity and not to usurp the identity of another legal or natural person.
3.3 Any false, inaccurate, erroneous, outdated, incomplete, misleading or misleading information may result in the closure of the Customer’s account and the cancellation of his order.
3.4. DRAWIN’KIDS cannot be held liable in the event of non-execution and / or partial execution of the order, linked to the provision by the Customer of inaccurate information.
3.5. When creating their account, the Customer must enter their login details, namely an email address allowing DRAWIN’KIDS to contact them and a password, which are under their exclusive 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 his identifiers. The Customer will be personally liable for any order placed with the entry of his identifiers, subject to the right of withdrawal.
3.8. If the Customer’s identifiers are lost, stolen or hacked, the latter must immediately inform DRAWIN’KIDS and change their identifiers as soon as possible, at least their password.
3.9. Once the account has been created, the Customer receives an email confirming the creation of his account.
ARTICLE 4 – ORDER
4.1. Any Customer wishing to place an order on DRAWIN’KIDS must be of legal age or emancipated minor and with full legal capacity.
4.2. To place an order the Customer must:
- Select the Product (s) he wishes to order on the site by clicking on “Add to basket”;
- Continue your order by clicking on “Confirmation of the order”;
- Once on the shopping cart page, the Customer must:
- Validate the quantities of each Product,
- Add the voucher (s), if there is any, and if desired,
- Validate or modify the addresses which concern him: billing address and delivery address;
- Choose your delivery method.
The Customer will then obtain the total amount of his order and will be able to choose his 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, digicode, floor, accessibility …)
DRAWIN’KIDS cannot be held responsible for any input errors by the Customer or the absence of information resulting in the delay, error or impossibility of delivery. In these cases, the costs incurred by a 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 I accept the General Conditions of Sale”. The fact for the Customer to check 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 recalled that the Customer acknowledges by checking this box having read, understood and accepted these General Conditions of Sale.
4.3. The order is not final until the receipt and collection by DRAWIN’KIDS of the payment made by the Customer.
4.4. The shipment of the Products and their manufacture, if applicable, only take place after receipt of full payment of the price of the Products including all taxes by the Customer.
4.5. Any order is deemed firm and, subject to the provisions of these General Terms and Conditions of Sale, may only be canceled with the express written consent of DRAWIN’KIDS and under conditions which will indemnify it for any prejudice 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 follow up on an order and undertakes to inform the Customer thereof, in the event of a supply problem, failure of a Product or a supplier, of an abnormally high quantity of Product, a payment problem from the Customer, a malfunction of the Site which would display an abnormally low price. DRAWIN’KIDS also reserves the right to request any additional document justifying the identity of the Customer.
ARTICLE 5 – PRODUCT OFFER AND AVAILABILITY
5.1. The selection of Products made by DRAWIN’KIDS may 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 whatever the cause.
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 by means of 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 the suppliers of the Products.
5.3. The information describing the Products is provided for information only. DRAWIN’KIDS invites the Customer to take full cognizance of said information before placing an order. DRAWIN’KIDS cannot be held responsible for a misinterpretation or use of the Product, resulting in direct or indirect damage, suffered by the Customer or by third parties, it being reminded that the Customer is solely responsible for the choice of products and their good use.
5.4. The photographs and graphics presented on the site and in the emails sent by DRAWIN’KIDS are provided for information purposes only. DRAWIN’KIDS makes its best efforts 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 can in no way be held responsible for this difference in perception.
5.5. DRAWIN’KIDS undertakes to honor orders received within the limits of available stocks of the Products.
5.6. The availability of the products is thus mentioned on the Product description sheet: “in stock”, “in replenishment”, “on order”, or “out of stock”.
5.7. If a Product is not available, it will not be possible for the Customer to put it in his basket. 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. Where applicable, the Customer may accept the new delivery date, exchange the unavailable Product for another Product at the same price, request a credit or refund for the unavailable Product. No cancellation penalty will be applied for such cancellation, and no cancellation compensation (other than reimbursement 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 pay 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 changing, 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 which will have been indicated to the Customer at the time of placing his order.
6.4. If one of the prices of the Products sold on the Site contains an error, following an entry error or a system malfunction, DRAWIN’KIDS will inform the Customer as soon as possible. Whatever the price error, too low or too high, the Customer may, after communication of the exact price, decide to confirm his order or to cancel it. In case of acceptance of the exact price, the Customer must confirm his 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 refund 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 that 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 attached to the Customer’s package.
ARTICLE 7 – PAYMENT
7.1. The order is payable in cash, in full, as soon as the order is placed. It must be paid as desired by one of the secure payment methods offered by DRAWIN’KIDS.
7.2. Payment for orders is made exclusively in euros. For payments by transfer, whether in euros or in foreign currencies, all bank charges are the responsibility of the Customer.
7.3. The Customer agrees to pay directly to the freight forwarder or carrier, customs duties, VAT or other taxes due on the importation of the Products ordered into the country of the delivery location chosen by the Customer.
7.4. The Customer has several means of payment to pay for his order:
By credit card: Carte Bleue, Visa, Euro / Mastercard.
The Customer must enter his card number, its validity date and the control number on the back of the card. Cards issued by banks domiciled outside France must be international bank cards.
DRAWIN’KIDS uses all necessary means to ensure the security and confidentiality of data transmitted online. To this end, payment transactions by credit card 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. Encrypted transmission of bank data is indicated on the Client’s browser by the appearance of a symbol representing a padlock.
By Bank Transfer: When placing his order, the Customer receives an email with the bank details of DRAWIN’KIDS. The order is shipped as soon as the transfer is made and visible in the DRAWIN’KIDS bank account.
By Paypal: In order to use this means of payment, the Customer must have a Paypal account allowing him to pay for his order in accordance with the instructions on the Site. The Customer is solely responsible for the use of his Paypal account.
By administrative mandate: This method of payment is reserved for public corporation. The order will be validated and taken into account 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 means 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 means of payment, the Customer may be asked to send DRAWIN’KIDS by email or by 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 of placing the order, and if the documents do not make it possible to establish with certainty the identity of the author of the order and the accuracy of the direct debit, the The order will be deemed to be automatically canceled without DRAWIN’KIDS being held liable.
7.7. DRAWIN’KIDS reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies 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 default of 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 act 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 on the site www.drawinkids.com the invoice corresponding to his order in the “My Account / My orders “.
ARTICLE 8 – DELIVERY
8.1. Place of delivery
Deliveries are made in: France and DOM-TOM: mainland France, Corsica, Guadeloupe, Guyana, Reunion, 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 delivery of the Products takes place, after registration of payment for the order, to the delivery address indicated by the Customer when placing his order. In the event of an error or missing information in the wording of the Customer’s contact details (in particular name, first name, street number and name, postal code, telephone number, digicode, access difficulties, etc.) DRAWIN’KIDS cannot be held responsible for late delivery, impossibility or error of delivery.
In this case, the costs incurred by a possible reshipment are the responsibility of the Customer.
An email is sent to the Customer to inform him of the shipment of his package.
8.2. Delivery methods and times
Several delivery methods are offered to the Customer. They vary according to the Products chosen by the Customer and the final volume of the package.
The Customer is informed that the Products can be delivered in one or more packages.
On the Site, the Customer has the possibility, when the option is provided, to have the ordered Products packed, provided that their dimensions are compatible with the packaging method.
The Customer also has the possibility, when the option is provided, to insert in the package (s) a sheet with a specific message for the attention of the recipient. The Customer is informed that said message is printed and not handwritten.
The Customer refrains from entering any message and more generally, any data that may infringe public order, good morals and / or the rights of third parties. The Customer will assume full responsibility for the content of the messages and will indemnify DRAWIN’KIDS against any action or threat of action relating to said messages. Any DRAWIN’KIDS defense costs will be borne by the Customer.
For Products in stock, and in the absence of a payment incident, any order placed on the DRAWIN’KIDS site by Credit Card or Paypal before 12:00 (noon) is shipped the same day. Any order placed on Friday after 12:00 (noon) will be shipped the following Monday, our offices being closed on weekends.
Delivery times are indicative . they do not take into account the time of preparation of the order (1 to 2 working days), nor the public holidays which would intervene during the preparation of the order or the delivery period.
No reimbursement of shipping costs will be made in the event of delivery within a longer period than those indicated.
In any event, delivery times may not exceed 10 working days from the ordering.
Standard delivery by Colissimo
This delivery method allows the Customer to receive his parcel within an indicative period of 2 to 3 working days, excluding public holidays, from the dispatch (i.e. excluding the preparation time of the order which may take 1 to 2 working days). Deliveries are made to the address indicated at the time of ordering. They take place from Monday to Saturday morning, except public holidays. The package is taken care of by La Poste and then delivered to the delivery address indicated by the Customer, without signature. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel 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. After this period, the package is returned to DRAWIN’KIDS. Where applicable, the costs incurred by a possible reshipment are the responsibility of 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., except on 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 SMS so that he can choose his personalized delivery method: delivery to the address indicated when placing the order, collection at a collection point in the event of absence, withdrawal from a neighbor, etc.
The package is delivered against signature to the delivery address indicated by the Customer. In the event of absence during delivery, a calling card is left at the delivery address indicated by the Customer. The latter allows the Customer to collect his parcel 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. After this period, the package is returned to DRAWIN’KIDS. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
Delivery by Mondial Relay
This delivery method allows the Customer to receive his parcel within an indicative period of 3 to 5 working days at the Point Relais of his choice. The Customer must present, to the manager of the chosen Relay Point, his valid identity document in order to collect his parcel. The package is kept pending at the Point Relais for 12 calendar days. After this period, the package is returned to DRAWIN’KIDS. Where applicable, the costs incurred by a possible reshipment are the responsibility of the Customer.
Collection at the warehouse
Collection from the warehouse is open to customers living 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 again in order to set a date and an appointment time to collect their order at the DRAWIN’KIDS warehouse.
The warehouse is located at 390, rue d’Anjou – 44150 VAIR-SUR-LOIRE.
Parcel withdrawal is against signature and presentation of an identity document.
In the event of non-recovery of a package after an unsuccessful delivery under the aforementioned conditions or a pick-up appointment at the warehouse not honored by the Customer and after the expiration of a period of 6 months from the award order, the Customer will be deemed to have abandoned his Products yet paid. 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 package. They depend on the delivery method chosen by the Customer and the place of destination.
Delivery to a Point Relais is free from 90 euros including all purchase taxes, as part of the same order placed and fully paid on the Site, for: mainland France, Belgium and Luxembourg.
8.4. Shipping Information
When ordering, the Customer must accurately complete the delivery form with their contact details (in particular name, first name, street number and name, postal code, telephone number, digicode, access difficulties, etc.). DRAWIN’KIDS and the selected carrier cannot be held responsible for an inability to deliver 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, when ordering, any access difficulties that the carrier may encounter during delivery.
Depending on the difficulty of access, the Customer may have to pay a specific and additional service to the carrier, if he is able to respond.
In the event that accessibility seems impossible or too complicated, DRAWIN’KIDS reserves the right to cancel the Customer’s order. No compensation, other than the reimbursement of the order, can then be requested from DRAWIN’KIDS by the Customer.
At any time, DRAWIN’KIDS may be required to modify the delivery providers initially provided for when ordering. These changes will not affect the delivery package or the delivery terms initially planned.
8.5. Delivery tracking
The Customer can at any time follow the status of his order on the Site on his personal space “My account / My orders”. He can also track the delivery of his order by connecting to the Colissimo, Chronopost and Mondial Relay sites using the tracking number assigned to his order.
8.6. Default and late delivery
In the event of late delivery compared to the deadline indicated by the carrier, the customer is invited to inform DRAWIN’KIDS in order to open a dispute or investigation file to search for the package. Sometimes packages are lost by carriers.
The Customer is required to declare the failure to deliver the package within seven (7) working days of receipt by email of the dispatch notice from DRAWIN’KIDS.
Under these conditions, DRAWIN’KIDS is responsible for making the necessary claims with the carrier concerned. Once the complaint and the opening of an investigation have been made, it may take 3 to 4 weeks to receive a return from the carrier.
If the package is found, it is immediately forwarded to the original delivery address. If the package is not found, the Customer may then request the return of the same Product (within the time limits of availability), at the expense of DRAWIN’KIDS.
If the delivery period 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 informed DRAWIN’KIDS thereof 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 the cancellation of his order. If the delay in delivery is caused by a case of force majeure, within the meaning of the case law of French courts, the Customer cannot claim the cancellation of his order.
8.7. Checking 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 was damaged or missing, and to mention on the delivery slip the precise reasons for his refusal. Delivery.
In the absence of reservations mentioned on the delivery slip, the Products will be deemed to have been accepted by the Customer without reservation and may not be the subject of any subsequent complaint except in the event of a hidden defect as defined by law and jurisprudence.
Said reservations and complaints must be sent to DRAWIN’KIDS, within two (2) working days of delivery of the package by registered letter with acknowledgment of receipt and / or through the contact form available on the DRAWIN’KIDS website. , and / or to the email address hello@drawinkids.com
In this writing, the Customer must provide any justification as to the reality of the anomalies noted and indicated on the delivery slip, such as photos for example.
ARTICLE 9 – TRANSFER OF RISK
From the delivery, the Products pass under the responsibility of the Customer. No claim can be made to DRAWIN’KIDS for any loss, and / or deterioration of the Products sold, as well as for the 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 subject to meeting the legal conditions set by the Consumer Code, he has fourteen (14) calendar days from the date of delivery to inform DRAWIN ‘. KIDS, either by means of an email to the address hello@drawinkids.com, or by means of the Site by going to his personal space “My account / My orders / Request a return” or by sending by letter to the following address: DRAWIN’KIDS – 390 rue d’Anjou – 44150 Vair-sur-Loire. In order to avoid any dispute as to the date of implementation of the right of withdrawal, it is strongly recommended that the Customer, when the latter withdraws by sending a letter, to send said letter by registered with acknowledgment of receipt.
The Customer must wait for the return confirmation from DRAWIN’KIDS and the issue of the return slip to be attached to the package, before returning the Product (s).
10.2. Return period of the 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 the withdrawal. Failing this, the Customer will be deemed to have waived the exercise of his right of withdrawal and DRAWIN’KIDS cannot be required to make any reimbursement to the Customer.
10.3. Return fees
The shipping costs associated with the return are assumed by the Customer. As an exception, DRAWIN’KIDS reserves the right to offer them at its discretion when the Products are not bulky and not fragile. The customer will be informed in writing of this exemption from shipping costs at the time of confirmation of the return.
10.4. Responsibilities of the Client
The return of the Products is made under 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 established after receipt and inspection of the Products.
The Products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the Products during delivery. Consequently, the Customer is asked to respect these same standards when making a return.
In the event of a return, if a Product returns 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 product
For bulky or fragile products delivered via a specialized carrier, the Customer can only organize the return of his Product after having previously informed DRAWIN’KIDS.
DRAWIN’KIDS may, at the Customer’s request, call in a specialized carrier to recover the Products subject to the withdrawal. The removal of the Product is then carried out by DRAWIN’KIDS only after payment of the return costs has been made by the Customer within a period of [-] from the submission of the payment request. If payment is not made within the said period, 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.
DRAWIN’KIDS invites the Customer to be vigilant in choosing the carrier and to take out insurance with it. If the Products arrive damaged or “get lost”, DRAWIN’KIDS cannot be held responsible and will not be able to issue a credit or refund.
The goods travel under the responsibility of the Customer.
After receipt, control of the goods, and validation of the return (Product can be put back for sale), the Customer receives, at his choice, a credit or the 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 must return it to DRAWIN’KIDS, according to the return terms set out in Article 10.1; then proceed to 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 receipt of the product (s), and according to the condition of the products, according to Article 10.4.
DRAWIN’KIDS makes the refund using the same means of payment as that used by the Customer during the initial transaction, except with the express agreement of the Customer allowing DRAWIN’KIDS to use another means of payment and to the extent that the refund does not incur 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 the right of withdrawal for contracts:
“1 ° The provision of services fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
2 ° The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3 ° 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 having been delivered and by their nature, are inseparably mixed with other items;
7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on 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 ° The 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 rental, catering or leisure activities which must be provided on a specific date or period;
13 ° The supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent 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 cannot retract his commitment.
ARTICLE 11 – RETENTION OF OWNERSHIP
DRAWIN’KIDS retains ownership of the Products supplied until payment is made in full. This provision does not preclude the transfer to the benefit of the customer of the risks associated with the products sold, as soon as the products are published.
The Customer will thus be required to pay the price of the Products, including in the event of disappearance by fortuitous event or force majeure and in particular in the event of theft, fire, destruction, etc. or without the prior and express agreement of DRAWIN’KIDS.
In the event of non-payment, DRAWIN’KIDS will also be entitled to use or have the products taken back at the customer’s expense.
ARTICLE 12 – NON-CONFORMITY OF PRODUCTS AND HIDDEN DEFECTS
| The Products sold by DRAWIN’KIDS benefit as of right and without additional payment, regardless 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 – the legal guarantee due to hidden defects mentioned in articles 1641 to 1648 of the Civil Code which render the use of the Product sold improper or so diminish that the Customer would not have acquired it or would have given only a lesser price if he had known them. DRAWIN’KIDS cannot be held responsible 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, such 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 manifestly disproportionate cost compared to the other modality, taking into account the value of the Product or the importance of the defect. He is then required to proceed, unless this is 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 returned, or keeping the Product and having part of the price returned, as will be arbitrated by experts. |
ARTICLE 13 – RESPONSIBILITY
13.1. DRAWIN’KIDS reminds that the use of the Products assumes continuous monitoring by an adult with full physical capacity who can effectively monitor child users of 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 sued if the Product violates the laws of the country of destination. It is the Customer’s responsibility to find out from the local authorities of the country of destination whether the import of 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 break in service or the presence of a computer virus, or linked to acts of force majeure, in accordance with French case law. .
ARTICLE 14 – INTELLECTUAL PROPERTY
14.1. All the elements presented on the DRAWIN’KIDS site (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 unauthorized use of any kind of any of these elements is strictly prohibited, and liable to prosecution, except with the prior written consent of DRAWIN’KIDS. Any copy or use, even partial, and whatever the medium, is prohibited.
ARTICLE 15 – ACCESS TO THE WEBSITE
15.1. The Site is free to access seven (7) days a week (7) and twenty-four (24) hours a twenty-four (24). However, DRAWIN’KIDS does not guarantee the flawless functioning of the internet support, and can not be held responsible 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 for access to the Site and use of the Services remain the sole responsibility of the Customer.
15.2. DRAWIN’KIDS gives itself the possibility of temporarily interrupting 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 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. However, the latter remains free to unsubscribe or modify his subscription through his personal account, in the “My Account / Account details” section, or through the hypertext link at the bottom of the newsletters received by e-mail. . DRAWIN’KIDS then undertakes to respond to these requests as quickly as possible.
16.3. DRAWIN’KIDS undertakes never to communicate the Customer’s e-mail 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. Bank information is encrypted and is directly processed 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’s history, so that they can find the composition of their basket in particular when they log on to the Site again.
ARTICLE 17 – DISPUTES
The General Conditions of Sale are subject to French law.
In the event of disagreement or dissatisfaction, the Customer is invited to contact DRAWIN’KIDS in order to find an over-the-counter solution.
In the event of a dispute concerning the execution, interpretation or validity of the provisions of this contract, the Nantes courts will have sole jurisdiction.
In accordance with article 14.1 of Regulation (EU) n ° 524/2013 of the European Parliament and of the Council of May 21, 2013, the Customer can consult the following page for more information on his procedures in the event of a dispute. .
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
In addition, the Customer may contact DRAWIN’KIDS, free of charge, at the following email address: hello@drawinkids.com or by telephone (price of a local call): +336.31.83.21.72
Version of 04/13/2021.