Article 1: Scope of Application

These General Terms and Conditions of Sale govern the contractual relationship for any purchase of products made on the website https://www.creaturesdolls.com, between any person (natural or legal, hereinafter referred to as the “Customer”) who has placed an order via the website, and:

Marie Poisson, residing at 7 rue de la poste, 85190 Beaulieu sous la roche, France,

SIRET No. 492 555 206 000 27

Contact: mewiefish(at)gmail.com

Hereinafter referred to as the “artist”

Placing an order on the website www.creaturesdolls.com implies unreserved acceptance of these terms and conditions.

The Customer acknowledges that by checking the box “I have read and accept the general terms and conditions of sale,” they accept these terms and conditions of sale.

Consequently, placing an order implies the Customer’s full and unreserved acceptance of these general terms and conditions of sale.

The Customer declares:

• that they are at least 18 years old and have the legal capacity or parental authorization to place an order on the Website, i.e., they are of legal age, not under guardianship or curatorship, and are solvent;
• declares that the purchase of these products is not directly related to their professional activity, and that their acquisition is reserved for their personal use.

The Artist reserves the right to modify the Terms and Conditions at any time.

In the event of modification of the Terms and Conditions, the applicable Terms and Conditions are those in effect on the order date, a copy of which, dated as of that date, may be provided to the Customer upon request.

 

Article 2: Products and Services

The products sold on the Website are original, unless otherwise specifically stated (poster, art print) in the description sheet.

They are presented on the “boutique” or “shop” page of the website with at least a photograph and a detailed description allowing the Customer to understand their essential characteristics and price. Each order is carefully monitored by the Artist. The products offered for sale by the artist are those listed on the Website on the day the Customer visits it. In the event of an error regarding the availability of an ordered product, the artist will promptly inform the customer by email.

A certificate of authenticity prepared by the Artist will be provided to the purchaser of an original work.

The products offered for sale are described and presented with the greatest possible accuracy. In the event of an error or omission in this presentation, the artist cannot be held liable. The customer may ask the artist questions about the said products/works at any time via the Contact page of the website.

The artist draws the potential customer’s attention to the fact that the product photographs displayed on the artist’s website are not contractually binding: they may sometimes differ slightly from reality due to numerous technical parameters such as the quality of the customer’s computer’s graphics card, the quality and settings of their screen, and the lighting of the products during the photo shoot.

 

Article 3: Order

To order one or more of the products or works presented on the store page of this Site, the customer must add the product(s)/work(s) to their shopping cart and then complete the information required for its execution.

The customer can view their shopping cart at any time while logged in as long as the order has not been definitively validated and can correct the information entered if necessary. This summary does not include delivery costs, which will be calculated based on the characteristics of the product/work and the delivery address and requested later. Once their order has been validated, the customer will receive an acknowledgment of receipt by email.

As each product/artwork is unique or produced in limited editions, the sale is always concluded subject to the suspensive condition of its availability.

Any order constitutes acceptance of the prices and descriptions of the products available for sale at the time of the order. The Customer therefore declares that they have read and irrevocably accepted these general terms and conditions of sale before placing their order.

 

Article 4: Prices

The sales prices, in accordance with Article L.113-13 of the French Consumer Code, are indicated for each product listed on the website in euros, inclusive of all taxes, excluding delivery and shipping costs, which are mentioned before the order is confirmed and invoiced as an additional charge.

The sales price of the Product/artwork is the one in effect on the day the order is placed.

The price of a product/artwork may be changed at any time, either upwards or downwards.

Prices are net, and invoicing is VAT-free in accordance with the tax legislation applicable to the micro-enterprise regime (Article 293B of the General Tax Code).

Payment of the full price must be made at the time of ordering. For payment in installments, the amounts paid will be considered as deposit and will be non-refundable.

In the event of delivery to a country other than France, its overseas territories, or outside the European Union, if customs duties, local taxes, or import duties are payable, these duties are the responsibility of the Customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations. It is the Customer’s responsibility to inquire with the competent authorities.

 

Article 5: Payment

The price is payable in full on the day the Customer places the order.

Payment is made immediately upon ordering using one of the following payment methods:

• by PayPal and/or credit card directly on the website (secure payment),
• By bank transfer to the bank account of Madame Marie Poisson, whose bank details will be provided upon request.
• Only for french clients : by check payable to “Madame Marie Poisson” and mailed to “Marie Poisson, 7 rue de la poste, 85190 Beaulieu sous la roche – France,” specifying your first and last name, delivery address, and order number. The check will be cashed upon receipt. The Customer has 8 days following their order to forward the check to the Artist. After these 8 days, the order will be automatically canceled. Only checks from a French bank are accepted.

 

Payment in 4 installments via PayPal is available to the client if necessary. A payment schedule can also be set up by requesting it from the artist by email at mewiefish@gmail.com. Payments will be made every 30 days from the date of the first payment request until the full amount due is paid. Payment reminders for deposits are the client’s responsibility. The artist may, however, send a reminder to the client in case of forgetfulness.

In the case of payment in installments, payments are due on the dates indicated by the artist; generally every thirty (30) days. In the event of non-payment of the balance within the allotted time limit, the artist reserves the right to cancel the order and relist the product/artwork ordered by the client. In the event of such a cancellation due to non-payment, any amounts already paid by the client will not be refunded by the artist. In the event of such cancellation of a reservation due to non-payment, the artist reserves the right to refuse the client access to the “Payment in installments” option for any subsequent order.

 

Orders will only be shipped after payment(s) have been received.

Credit card payments are debited at the time the order is placed. In the event that some of the ordered products are unavailable, the customer will be refunded the amounts debited for the unavailable products.

Payments made by the Customer will only be considered final after the Artist has actually received the amounts due.

The Artist reserves the right to suspend any order processing and delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment.

The Artist reserves the right to refuse to make a delivery or to honor an order from a Customer with whom a payment dispute regarding a previous order is currently being resolved.

 

Article 6: Delivery

Delivery costs are the responsibility of the customer. They are calculated once the order is placed to ensure the best value for money based on the order. The total will be communicated to the customer once the product/artwork is ready to be shipped.

Products/artworks are delivered to the delivery address indicated by the customer during the order process.

CreaturesDolls delivers worldwide.

The delivery time indicated when the order is placed is for informational purposes only and is not guaranteed. The artist makes every effort to ensure timely delivery. However, a delay in the shipment of a product/artwork cannot be invoked by the customer as a reason to terminate the contract, claim damages, or assert any other claim.

The artist makes weekly post office deliveries for shipments.

For pre-ordered products, the maximum delivery time is forty days from the date the artist receives the ordered products from their supplier. This time may be extended if additional services are purchased (makeup, clothing, etc.). In this case, the artist will regularly update the customer via email on the progress of their order.

The standard shipping method is Colissimo suivi with ad valorem insurance for mainland France (2 to 4 business days) and Colissimo international with a declaration of value and ad valorem insurance (4 to 8 business days). Delivery times may vary depending on the customer’s geographic area. Shipping costs include packaging, handling, and postage. The works are carefully packaged before being sent to the carrier.

Any anomaly concerning a product/artwork (missing, broken, etc.) must be reported to the artist upon receipt of the package within three (3) days of delivery via this email address: mewiefish@gmail.com.

The artist shall not be held liable for delivery issues due to incorrect or incomplete information provided by the customer, or due to the postal service.

In the event that delivery is impossible due to an error in the address provided by the customer, the artist will contact the customer as soon as possible to obtain a new delivery address, in which case any additional delivery costs will be borne by the customer.

 

Article 7: Guarantees and responsibility

The artist answers for any conformity fault existing when product is delivered. The artist is also liable for any lack of conformity resulting from the packaging.

In the event of delivery of a non-compliant product or in the event of delivery of a product revealing a hidden defect, the artist undertakes either to reimburse the customer for the price of the product, or to exchange the product for an identical one depending on available stock, or to exchange it for a product of equivalent quality and price depending on available stock.

Any action resulting from a lack of conformity is time-barred after one year from delivery of the goods.
These provisions do not exclude the right of withdrawal defined in Article 8.

Products modified, repaired, integrated, or added by the customer or any other person not authorized by the supplier of said product are excluded from the warranty.
The warranty does not apply to visible defects. The warranty will not cover products or services damaged during shipping or misuse.

The artist reminds that the products offered on the website www.creaturesdolls.com, decorative collectibles, are not toys and are not intended for use by children or minors. The artist cannot be held liable for misuse of the product by a minor under the age of 18.

The artist cannot be held liable for breach of contractual obligations due to unforeseen circumstances or force majeure, as defined by case law.

 

Article 8: Retractation right

Products in stock: When purchasing a product marked “In stock,” the customer has fourteen (14) clear days from receipt of the product/artwork to exercise their retractation right without having to provide a reason or pay any penalties, except for return shipping costs, which will be their responsibility. The returned product/artwork must be in perfect condition and in its original packaging.
If the fourteen-day period expires on a Saturday, Sunday, or a public holiday, it is extended to the next business day.

 

Pre-ordered products: In accordance with the provisions of Article L. 221-28 of the French Consumer Code, products manufactured at the consumer’s request are excluded from the retractation right (“Goods made to your request”). Purchases made as part of a “pre-order” (or “pre-order”) cannot be cancelled by the customer. However, the customer remains free to cancel their order within a maximum of seven (7) days from the end date of the pre-order period.

Any returns must be notified to the Artist in advance by email at the following address: mewiefish@gmail.com.

If the retractation right is exercised, the artist will refund the customer for the full amount paid as soon as possible and no later than thirty (30) days following the date on which this right was exercised, excluding any money transfer fees (PayPal or bank transfer) and return shipping costs, which remain the customer’s responsibility.

Returned items must be new, undamaged, and in their original or equivalent packaging, perfectly intact. The customer must retain proof of delivery of the package, which will be delivered to them by post. In the event of loss or theft of the package, no refund will be issued. No returns will be accepted if the returned items have been visibly damaged by the customer and this damage renders the items unfit for sale.

 

Article 9: Personal Data

The artist undertakes to respect the confidentiality of personal data communicated by the client on the website and to process it in compliance with the French Data Protection Act of January 6, 1978.

In accordance with the French Data Protection Act of January 6, 1978, the client may exercise their right to access the file, their right to object, and their right to rectify or delete information concerning them by sending their request by email to mewiefish(at)gmail.com or by post to Marie Poisson, 7 rue de la poste, 85190 Beaulieu sous la roche, France.

 

Article 10: Intellectual Property

All iconographic and textual elements present on the website www.creaturesdolls.com are protected by copyright and are the exclusive property of the artist. The products sold on the website are the intellectual property of the artist.

Any reproduction or exploitation, in whole or in part, of the elements of the Website or the products sold on the Website for commercial or advertising purposes and by any means whatsoever, without express authorization, is prohibited and would constitute a criminal offense of counterfeiting punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.

 

Article 11: Applicable Law

These general terms and conditions of sale are executed and interpreted in accordance with French law.
In the event of a dispute, the client undertakes to contact the artist as a priority in order to attempt to amicably resolve any dispute that may arise between the parties.
Other disputes that cannot be resolved amicably between the client and the artist will be submitted to the competent courts under the conditions of common law or to the competent mediation bodies.