OVERVIEW
This website is operated by La Boutique du Sorcier. On this site, the terms “we”, “us” and “our” refer to The Wizard’s Shop. The Wizard Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our products, you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms and Conditions”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including but not limited to users who browse the site, are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features and tools that are added to this store in the future will also be subject to these Terms and Conditions. You can view the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 – CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for the connection of networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our prior express written permission.
The headings used in this agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some previous information. This previous information, by nature, is not up-to-date and is provided for information purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any portion or content of the Service) without notice and at any time.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from dealers, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions.
SECTION 8 – THIRD PARTY LINKS
Some of the content, products and services available through our Service may include material from third parties.
Third party links on this site may direct you to third party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to these same third parties.
ARTICLE 9 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Feedback”), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Feedback you send to us. We are not and shall not be obligated to (1) maintain the confidentiality of comments; (2) pay compensation to anyone for any comments provided; or (3) respond to comments.
We may, but are under no obligation to, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any associated web site. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any other third party.
SECTION 10 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
There may be times when information on our site or the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are not required to update, modify or clarify any information on the Service or any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date in the Service or any associated website should be taken as a basis for concluding that the information in the Service or any associated website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to engage in or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or third parties’ intellectual property rights; (e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided on an “as is” and “as available” basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title and non-infringement.
In no event shall The Wizard Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or damage of any kind, whether direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence) in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 14 – COMPENSATION
You agree to indemnify, defend and hold harmless The Wizard Store, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Use or the documents referenced herein, or your violation of any law or the rights of another.
ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service or any other policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and understandings, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms and Conditions and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of 78 avenue des Champs Elysées 75008 France.
ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can view the most recent version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of such changes.
ARTICLE 20 – CONTACT INFORMATION
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at [email protected].
RETURNS
The customer has a right of withdrawal of fourteen (14) days from the delivery of the order. The customer must then notify us by email of his desire to return, at his expense, the products that do not suit him.
Our policy lasts 14 days. If 14 days have passed since your purchase, we unfortunately cannot offer you a refund or exchange.
In accordance with the law, professional customers (traders and legal entities) are not entitled to this right of withdrawal.
ATTENTION : According to the article L 121-20-2 of the code of consumption, the right of retraction cannot be exercised for any personalized order.
To qualify for a return, your item must be unused and in the same condition in which you received it. It must also be in the original closed packaging.
Many types of products cannot be returned. Perishable goods such as food, flowers or magazines cannot be returned. We also do not accept intimate or sanitary products, dangerous products or flammable gases or liquids.
Other items that cannot be returned:
* Gift cards
* Downloadable software
* Certain health and personal care products
To make a return, you must present us with a receipt or proof of purchase.
Please do not return your purchase to the manufacturer.
There are certain situations where only a partial refund is granted: (if applicable)
* Books with obvious signs of use.
* CD, DVD, VHS tape, software, video game, cassette, or vinyl record that has been opened.
* Any item that is not in its original condition, that is damaged or that has some parts missing for reasons that are not due to an error on our part.
* Any item that is returned more than 30 days after delivery.
Refunds (if any)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also notify you of our decision to approve or deny your claim.
If your request is approved, then your refund will be processed and a credit will automatically be applied to your credit card or original payment method within ten days.
Late or missing refunds (if any)
If you have not yet received your refund, please check your bank account again first.
Next, contact your credit card company as there may be a delay before your refund is officially posted.
Then contact your bank. There is often a processing time required before a refund is posted.
If after completing all of these steps you still have not received your refund, please contact us at [email protected].
Items on sale (if applicable)
Only regular priced items can be refunded. Unfortunately, items on sale are not refundable.
Exchanges (if applicable)
We replace an item only if it is defective or damaged and only if you notify us upon delivery. If in this case you wish to exchange it for the same article, please send us an e-mail to [email protected] and send us your article to CENTRE LOGISTIQUE DE DISTRIBUTION SARL 1223 Voie Christophe Colomb, 73800 Porte-de-Savoie
Gifts
If the returned item was identified as a gift at the time of purchase and was shipped directly to you, you will receive a gift credit equal to the value of your return. Once we receive the returned item, a gift certificate will be mailed to you.
If the item was not identified as a gift at the time of purchase, or if the gift giver preferred to receive the item first and give it to you later, we will send a refund to the gift giver and they will know that you returned the item.
Shipping
To return a product, you must send it by mail to CENTRE LOGISTIQUE DE DISTRIBUTION SARL 1223 Voie Christophe Colomb, 73800 Porte-de-Savoie
You will be responsible for paying your own shipping costs to return your item. Shipping costs are not refundable. If you receive a refund, the return shipping costs will be deducted from it.
Depending on where you live, the time it takes to receive your exchanged product may vary.
If you are shipping an item worth more than $40, you should consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We do not guarantee that we will receive the item you return.
PRECOMMENDATIONS
For items notified as pre-orders, orders cannot be cancelled as they engage our responsibility to our supplier.
If you order a pre-order item along with other in-stock items in the same order then your entire order will be shipped upon receipt of the pre-order item.
