GTC

Terms of Sales

Last revision: 22/12/2022

Legal protection concerning our creations

Like any magic wand, this one has a fine tip which can also be embellished with a pointed and metallic jewel. Dawn Wand reminds parents who would like to offer a magic wand to their child, whatever their age, to be responsible and to have time to supervise the child during the use of the object until that he is old enough to be responsible himself and aware of his own actions. In the event of a domestic accident, Dawn Wand disclaims all liability. Dawn Wand recalls that magic wands are not toys, but artisanal creations considered

collectibles, decoration or cosplay accessories for older children.ds.

Our paintings from the "Autumn Legends" by DAWN WAND range are works made of 100% wood.

Each work has a different size and therefore a weight to take into account.

Our paintings all have a number of Kilograms which is indicated on the product sheet when you order and this must be respected.

Dawn Wand provides on-board concealed mounting brackets in steel interlocks/hangers with your purchase

(picture hangers still supporting the weight of each of our paintings studied upstream).

The support(s) on the paintings are already fixed by us and in accordance with the rules of the art.

The other hook(s) constituting the pair of these supports are to be fixed on your wall (screws and wall umbrellas not included) It is therefore up to the customer to go to a DIY store and obtain information from a professional beforehand.to find out which screws / umbrellas / expansion plugs: crampons or molly to procureto fixhis paintings at home (including the weight of the paintings and the type of wall: wood, stone, placo or concrete wall) DAWN WAND disclaims any responsibility as long as the buyer receives the item in hand, any damage made by the customer,

whether it is falling or/and breaking on the paintings or wall damage whether voluntary or involuntary.

Article 1: object
These general conditions of sale detail the rights and obligations of the company DAWN WAND and its customer in connection with the sale of the following goods and personalized orders: Magic wands, decorative wooden signs.
Any service performed by DAWN WAND implies the buyer's unreserved acceptance of these general conditions of sale.

DAWN WAND retains the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

DAWN WAND reserves the right to refuse service to anyone and/or cancel any order at any time without notice.

This may include (but is not limited to) insufficient stock, incorrectly priced items, misuse of discount codes and discounts, or suspected fraud: a payment receipt does not constitute a contract between the buyer and DAWN WAND.

DAWN WAND reserves the right to cancel any discount or coupon code at any time without notice. All coupons and discounts are subject to exclusions DAWN WAND considers any use of a coupon code to be your acceptance of the terms and conditions of that code. DAWND WAND also reserves the right to make appropriate price changes at any time and for any reason and that too without notice.

Section 2: Terms
This website www.dawnwand.com and/or the services, including any mobile applications connected thereto any offer or sale of products through the Site, are owned and operated by DAWN WAND. These General Conditions of Sale set out the terms and conditions under which visitors or users may visit or use the Site and/or the Services and purchase Products.

By accessing or using the Services, you acknowledge that you have read and consent to these Terms, and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Read these Terms carefully before accessing or using our Site or Services, or purchasing any Products. In these Conditions, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do in the event of a problem.

You represent that you are of legal age and have the legal authority, right and power to enter into a binding agreement based on these Terms, to use the Services and to purchase Products. If you are under the age of majority, you may only use the Services or purchase Products with the consent of your parents or legal guardian.

This site is hosted by Wix.com

These Terms are provided in the French language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

Article 3: Description of the Products
You must carefully read the description of the Products before placing an order.. The description of the Products presents the essential characteristics of the Products, in accordance with article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most complete information possible on these characteristics, without being exhaustive. The photographs, drawings and descriptions of the Products are provided for information purposes only and do not bind us.

DAWN WAND works hard to assure its customers that all information on this website is accurate, current and correct, but occasionally there may be information that contains spelling mistakes, inaccuracies or outdated details. DAWN WAND reserves the right to correct any inaccuracies or omissions at any time without notice, even after your order has been placed.

Every effort is made to display products as accurately as possible, but DAWN WAND cannot guarantee that the customer's monitor will display colors and photographs that are true to life.

We invite you to refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from non-compliance with these instructions for the use of the Products and/or Services provided on our website.

The products used for the creations can be diverse:wood, paint, resin, clay, silicone, gemstone, glass, metal, leather and imitation leather.

Article 4: Price / Tariff
The prices of the goods sold are those in effect on the day the order is taken.

The prices of the products are indicated in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.

CUSTOMS FEES - INTERCOMMUNITY TAX OUTSIDE EUROPEAN UNION

These taxes will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities and competent services in your area.

In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company DAWN WAND. Moreover, vYou are on a site generated by a manufacturer that does not record customs tax costs during transactions, unlike international sales platforms. Our French company therefore has no knowledge of the tariff applications by country. DAWN WAND disclaims all responsibility for customs taxes that may be charged to you.

All orders, whatever their origin, are payable in euros.

DAWN WAND reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.

The products remain the property of the DAWN WAND company until full payment of the price.

Please note: as soon as you take physical possession of the products ordered, the risk of loss or damage to the products is transferred to you.

Article 5: Discounts and rebates
The prices offered include discounts and rebates that the company DAWN WAND would have to grant taking into account its results or the assumption by the purchaser of certain services.

Article 6: Discount
No discount will be granted in the event of early payment.

Article 7: Purchase of Products

Any purchase of Products is subject to the Terms applicable at the time of such purchase.

When purchasing a Product: it is your responsibility to read the complete list of items before committing to purchase them; and placing an order on the site (by completing the payment procedure by pressing the "Buy" button or a similar button) may lead to a legally binding contract for the purchase of the relevant Product, unless otherwise specified in the these Terms.

You can choose from our selection of Products and place the products you intend to purchase in a basket by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have previously purchased. During checkout, you will be presented with a summary of all the Products that you have placed in your basket. This summary includes the essential characteristics of each product as well as the total price of all the products, the applicable value added tax (VAT) and the shipping costs, as the case may be. The payment page also gives you the opportunity to check and, if necessary, modify or withdraw Products, or modify quantities. If necessary, you can also identify and correct input errors using the edit function before making your order definitively binding. Any delivery time stated applies from receipt of your payment of the purchase price. By pressing the "Buy" button, you place a firm order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the ordering process by clicking the "Buy Now" button, you must first accept these Terms as legally binding for your order by ticking the relevant box.

We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarized again and which you can print or save using the corresponding function. Please note that this is an automated message that only documents that we have received your order. It does not indicate that we accept your order.

The legally binding contract for the purchase of the Products is only concluded when we send you a notice of acceptance by e-mail or when we deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is started immediately after your order has been submitted (for example, a money transfer electronic, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the ordering process, as described above, by pressing the "Buy" button.

The fact of validating your order implies for you the obligation to pay the indicated price. Payment for your purchases is made by bank card.

You can save your preferred payment method for later use. In this case, we will store your payment credentials in accordance with applicable industry standards (e.g. PCI DSS). You will be able to identify your card thus stored by its last four digits.

DAWN WAND has a non-applicable VAT, art.293 B of the CGI, which concerns the micro-enterprise regime.

Payments are made online by credit card and are completely secure.

Checks and cash shipments are not accepted.

Article 7: Retention of title clause

The DAWN WAND company retains ownership of the goods sold until full payment of the price, in principal and in accessories. As such, if the buyer is subject to receivership or judicial liquidation, the company DAWN WAND reserves the right to claim, within the framework of the collective procedure, the goods sold and remained unpaid.

Article 8: Delivery
We can deliver our products worldwide

Prices and delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen. All this information is indicated when you order products.

The applicable prices and delivery times will be communicated to you before confirming your order.

The products are delivered to the delivery address indicated during the ordering process.

For any delivery information error communicated when placing your order, DAWN WAND invites you to contact us within 24 hours. Once this period has passed, your order is likely to have been shipped and DAWN WAND will not be held responsible for the refusal of delivery by the carrier or the risk of loss in the event that it is not returned to its sender.

In case of delay in shipment by the company DAWN WAND, an email will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you.

In accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of canceling the order under the conditions and methods defined in article L 138-2 of the Consumer Code.

In the event of delivery by a carrier, the company DAWN WAND cannot be held responsible for the loss of a package, a delay in delivery and/or a damaged and/or deteriorated package due exclusively to the unavailability of the customer or from the carrier.

Delivery Details

Orders are sent by registered mail in cardboard format or bubble envelopes. For orders of two or more items, as well as for large volume items, the size of the box and its purchase price will be more important.

Shipments are made only by Colissimo for France. Mondial Relay is only offered for countries outside of France.

The rates applied to these shipments are those applied by the Post Office and by Mondial Relay when placing the order: (weight and destination).

Your shipping costs include the weights:

The chosen item and its box, bubble wrap, protective stuffing or crimping and the shipping box.

Delivery times are three to five working days for metropolitan France. For delivery times in the European Union and outside the European Union, the deadlines are likely to be longer. DAWN WAND cannot be held responsible for these transport delays.

Dawn Wand strongly advises you to take the registered delivery option, in order to avoid any inconvenience such as theft or loss of parcels by the carrier.

Section 9: Coupons, Gift Cards and Other Offers

We may from time to time offer coupons, gift cards or discounts and other offers relating to our Products. These Offers are only valid for the duration that may be indicated therein. Offerings may not be transferred, modified, sold, traded, reproduced or distributed without our express written permission.

Personalized Magic Wand Gift Card: The gift card is valid for 14 months from the date of purchase. If the card has not been used within the time indicated (14 months from the date of purchase), the amount is neither exchangeable nor refundable. However, we invite you to contact us to discuss it.
If the full amount of the card is not spent on the purchase of a magic wand, it is possible to use the balance on other items in the online store.

Article 10: Refund and return policy

You have the right to withdraw without giving any reason for 14 days from receipt of the Product or from the date on which you signed the contract for the provision of services.r.

To exercise your right of withdrawal, you must notify us of your decision by registered mail to the following address: DAWN WAND - EI Sophie Donatellis - 9 loissement l'oréee du village - 01 290 Saint André d'Huiriat or by e-mail to dawn-wand@hotmail.com followed by the subject "return "in the time allowed, using the following form attached (at the bottom of the page) to these Conditions as Annex 1. If you contact us by e-mail, we will acknowledge receipt of your withdrawal.

You must return the Products as soon as possible, in any case within 14 days of notification of your withdrawal. Upon receipt of the Product, we will make a full refund within 14 days, except for the return costs, which will remain your responsibility.

In addition, please note that the following Products cannot be returned, according to article L. 221-28 of the Consumer Code:
- Creations based on plaster, cold failure, clay, plasticrete; Indeed these are fragile items that can be easily damaged if the mailing or handling is not careful.
- Any custom order is made especially for you, cHowever, for any problem, we invite you to contact us.

Items must be returned in their original packaging, in perfect condition for later resale.

Otherwise, the products will not be refunded, taken back or exchanged.

In the event of loss or deterioration of the returned package, DAWN WAND will not be able to refund the order.and the buyer must file a claim directly with his carrier.

Article 11: Force majeure and disputes
The responsibility of the company DAWN WAND cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.

Article 12: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. Failing amicable resolution, the dispute will be brought before the Commercial Court of Bourg en Bresse.

These distance selling conditions are subject to French law. For all disputes or disputes, the competent court will also be the Commercial Court of Bourg en Bresse.

Article 13: Personal data

DAWN WAND reserves the right to collect personal information and personal data concerning you. They are necessary for the management of your order, as well as the improvement of the services and information that we send you.

They can also be sent to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment.

This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.

In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data concerning you, directly on the website.

Article 14: Member account

To access and use certain sections and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when creating your Member Account.

If someone other than yourself accesses your Member Account and/or any of your settings, they will be able to perform all actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you shall be solely responsible for all activities that take place on your Member Account, whether or not specifically authorized by you, and for all damages , expenses or losses that may result from these activities. You are responsible for activities performed on your Member Account in the manner described if you permitted the use of your Member Account through negligence, by failing to take reasonable care to safeguard your login credentials.

You can create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook. If you register through a third-party platform account, you authorize us to access certain information about you, which is stored in your Social Network Account.

We may terminate or temporarily or permanently suspend your access to your Member Account without incurring our liability, in order to protect ourselves, our Site and our Services or other users, including if you violate any provision of the these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if the circumstances require immediate action; in this case, we will notify you as soon as reasonably possible. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by e-mail, if we terminate our Member Account program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

Article 15: Intellectual property

Our Services and related content (and any derivative works or enhancements thereof), including but not limited to all text, artwork, files, images, software, scripts, graphics, photos, sounds, music , videos, information, content, materials, products, services, crafts, URLs, technologies, documentations, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights therein, are owned or licensed by us (collectively, “Our Intellectual Property”), and nothing herein grants you any rights in connection with Our Intellectual Property. Except as expressly provided herein or required by mandatory provisions of applicable law for use of the Services, you shall not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

If the Products include digital content such as music or video, you are granted the rights specified for such content on the Site.

Article 16: Compensation

You agree to defend and hold us harmless against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees ) arising out of or relating to your use of the Site and Services in violation of these Terms, including in particular any use that would violate the limitations and requirements set forth in these Terms, unless such circumstances are not caused by your fault .

Article 17: Limitation of liability

To the fullest extent permitted by applicable law, we disclaim all liability for any amount or type of loss or damage which may arise to you or any third party (including any direct or indirect loss and any loss of revenue, profits, customers, data, contracts, and any loss or damage resulting from or related to, business interruption, loss of opportunity, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with this Site and its contents, use, inability to use, or results of use of this Site, any Site website linked to this Site or the documents present on these linked websites.

We cannot be held liable for any delay or breach of our obligations arising from these Terms if such delay or breach results from a cause beyond our control and/or a case of force majeure within the meaning of article 1216 of the Civil Code.

Article 18: Modification of the Conditions or Services; interruption

We reserve the right to modify these Terms from time to time, at our sole discretion. You should therefore consult them regularly. If we change these Terms materially, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not access or use the Site or Service.

We may modify the Services, stop providing the Services or any features of the Services we offer, or create limits for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will give you sufficient notice if this is possible in the given circumstances and we will reasonably take into account your legitimate interests when taking such action.

Article 18: Links to third-party sites

The Services may include links that take you out of the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, or any links they contain, or any changes or updates to them. We are not responsible for any transmissions received from linked sites. Links to third party sites are provided for convenience only. If we add links to other websites this does not mean that we endorse their owners or their content.

Article 19: Applicable law

These Terms are governed by and construed in accordance with the laws of France, excluding conflict of law rules.

If you wish to draw our attention to a subject, a complaint or a question concerning our site, contact us: dawn-wand@hotmail.com

If, after contacting us, you believe that the problem is not resolved, you will have the right to use the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 and following of the Code of the consumption. To submit your request to the consumer mediator, complete the online dispute resolution form accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Section 20: Miscellaneous

No waiver of any breach or default hereunder shall be deemed a waiver of any prior or subsequent breach or default.

The section titles used in these Terms are for convenience only and have no legal substance.

Unless otherwise stated, if any part of these Terms is determined to be illegal or unenforceable for any reason, it is agreed that that part of these Terms will be severed, the other terms of these Terms will not be affected and will remain in force.

By accepting the Conditions, you undertake not to contest the probative value of the documents exchanged via the Site, on the basis of their electronic nature. Computerized records are considered proof of communications, orders and payments made between us.

Your acceptance of the Conditions is equivalent to an agreement of proof, within the meaning of article 1368 of the Civil Code.

You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of the Products.

The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers of liability, limitations of liability and this “Miscellaneous” section.

Appendix 1 - Model withdrawal form

(Art. R. 221-1 of the Consumer Code)

Right of withdrawal form to copy or download to tap here

Complete and submit the following form if you wish to withdraw from the agreement.

Att. :Customer service

[User should insert here their name, address, head office and customer service contact details, including fax number and email address]

I hereby inform you that I withdraw my consent to the subscription to the Service below / the contract to purchase the Products below:

Service/products name

Purchased on/received on

Client name

If possible, specify your account, order or customer number

Customer address

Date

Signature of the user [if in paper form]

Company information - DAWN WAND micro company registered with the chamber of trades and crafts

GTC

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Terms of Sales

Last revision: 22/12/2022