The website www.pearldungeon.com is published by the company Laura BRUNEAU, registered with the Poitiers Trade and Companies Register under number 913776217, with its registered office located at 47 RUE DU VAL DE CREUSE 86220 Saint Rémy sur creuse, France.

Email address: pearldungeon-shop@outlook.fr

The publication director is Laura BRUNEAU.

The website host is Shopify.

Terms and Conditions of Sale:

1. Seller Identification

These General Terms and Conditions of Sale are those of the company Laura BRUNEAU, registered with the Poitiers Trade and Companies Register under number 913776217 00014, and whose registered office is located at 47 rue du val de creuse, 86220 Saint Rémy sur creuse, France.

2. Scope of Application and Acceptance of the General Terms and Conditions of Sale

The purchase of Products offered on the website www.pearldungeon.com is subject to these general terms and conditions of sale of the Site.

Products sold by Pearl Dungeon are exclusively intended for sale to individual end consumers or non-professional corporate customers (hereinafter the "Customers"), to the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that they are acting as an end consumer and do not intend to resell the Products for commercial purposes.

Pearl Dungeon may update these T&Cs at any time.

The Customer can view the current version of the T&Cs on the website at any time. The T&Cs in force at the time of concluding the sales contract are those that are binding on the Customer.

Furthermore, for each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these T&Cs in force on the date of placing their order. These T&Cs are viewable when the Customer is asked to confirm their acceptance. To materialize this acceptance, the Customer must check the box "I have read and accept the General Terms and Conditions of Sale of the www.pearldungeon.com website".

3. Ordering Procedures

Any order placed on the Site implies express acceptance of the T&Cs and implies acceptance of the prices and Products available for sale on the Site.

* Order Process

The Customer wishing to place an order must follow the following procedure:

1. Product Selection: the Customer must select the Product they wish to order.

2. Verification of the Customer's selection content: the Customer checks the content of their basket while retaining the possibility of removing the Products they have selected.

3. Identification: the Customer must complete the form provided and indicate the requested information (mandatory information: title, surname, first name or company name, address, e-mail, telephone number for delivery).

4. Verification of the Customer's order: the Customer checks the content of their order, the total price, the delivery and billing addresses while retaining the possibility of removing a Product or modifying the billing and delivery address. The Customer validates their delivery and payment method. The Customer must confirm their acceptance of these T&Cs by checking the corresponding box. The validation of the order is only possible after having checked this box. After this step, the Customer can no longer modify and/or cancel their order.

5. Order Acknowledgement: the Customer receives an e-mail summarizing the content of their order, namely:

– their delivery and billing addresses
– their order number
– the order date
– the list of ordered Products and their amounts
– the delivery method (address provided by the Customer)

The Customer is advised to keep and/or print this document, which is the official proof of their order. The order is then registered and processed by Pearl Dungeon, which checks the availability of the ordered Product(s). Any order placed implies acceptance of the prices and descriptions of the Products available for sale.

6. Order Shipping Confirmation: the Customer receives an e-mail summarizing the content of their order and confirming shipment. The contract is deemed concluded on the date of sending this e-mail.

* Order Tracking

A carrier tracking number is communicated to the Customer when their order is validated. If the Customer wishes to obtain information concerning the tracking of their order, they can log on to the website of the chosen carrier, e.g., COLISSIMO, and track the progress of their package live. The Customer also receives information by e-mail concerning the different stages of the processing and preparation of their order until its shipment.

4. Product Availability

Pearl Dungeon's product and price offers are valid as long as they are visible on the Site, within the limits of available stock.

Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Customers.

In the event of a Product being unavailable after an order has been placed, Pearl Dungeon will inform the Customer by e-mail or telephone as soon as possible, offering either to order another Product presented on the Site as a replacement, or to cancel their order free of charge.

Pearl Dungeon reserves the right to change the Products offered on the Site at any time and without prior notice.

While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, notably due to the technical limitations of color rendering on the Customer's computer equipment. Consequently, Pearl Dungeon cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

Pearl Dungeon reserves the right not to accept an order from a Customer with whom it is in dispute over a previous order, or if Pearl Dungeon reasonably believes that this Customer has breached these T&Cs or has engaged in fraudulent activity, or for any other legitimate reason.

5. Price

The prices of the Products are indicated in Euros, all taxes included and excluding any customs fees for orders outside the EU, which remain the responsibility of the Customer. Except in cases of reimbursement made in the context of exercising the right of withdrawal or for non-conformity and hidden defects, Pearl Dungeon will not reimburse the VAT applied to purchases made on the Site (even if the buyer, after receipt, reships the Products to a country outside the European Union).

Pearl Dungeon reserves the right to modify the prices of the Products offered on the Site at any time and without prior notice.

Products are invoiced based on the prices displayed on the Site at the time the order is placed, subject to the availability of the ordered Products at that time.

All orders are payable in Euros and must be settled immediately at the time the order is placed.

In case of unavailability of certain ordered Products (see Article 4 "Product Availability"), only the price and shipping costs related to the available Products will be debited.

*Payment methods

By credit card (Visa, CB, Mastercard): Payment is made on the secure website of Pearl Dungeon's partner bank.

- Payments are secured and processed by Shopify Payments. Available methods are displayed at the time of order and may include credit cards, as well as certain dematerialized payment methods such as Apple Pay or Google Pay depending on compatible devices and countries.

Payment is therefore secured by the partners responsible for managing financial transactions.

The order will thus be registered and validated upon acceptance of payment by the banking service.

6. Retention of Title

The ordered Products remain the property of Pearl Dungeon until full payment of the price. However, the Customer assumes the risks (especially loss, theft or damage) concerning the Products delivered from the moment they are delivered to the address indicated during the order.

7. Delivery Terms

The amount of preparation and shipping costs depends on the country and the total amount of the order. They will be detailed on the invoice.

Pearl Dungeon cannot be held responsible for any actions and/or costs and/or taxes (which are the Customer's responsibility) and/or delays due to customs services over which it has no control.

For all Products, the order is prepared for departure from Pearl Dungeon's premises within a maximum of 6 working days (subject to stock availability and unless there is exceptional office closure) from the e-mail confirmation of the order. The average time observed between placing an order and its delivery is 3 to 14 working days. This is an observed average time.

Exceeding the estimated delivery time indicated cannot give rise to any cancellation of the order, any reduction in the price paid by the buyer, or any payment by way of damages, it being specified that in certain particular cases (e.g., absence for holidays) the times indicated above may be longer.

In the event of an incomplete address, an incorrect address, refusal of the package by the recipient, or lack of information leading to an impossibility of delivering the Product to the recipient in due time, Pearl Dungeon cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, Pearl Dungeon will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the general delivery conditions of the carrier which, in some cases, if not complied with, may impact the quality of the delivery.

Thus, in the event of the recipient's absence, according to the carrier's general delivery conditions, the product may be presented again and/or deposited at an agreed relay point and/or at the Customer's home and/or at a carrier's "sorting - waiting" center and/or returned to Pearl Dungeon, which cannot be held responsible for any theft, loss, damage to the Products related to their delivery and, in general, for the final quality of the delivery.

In the event of impossibility of delivery and if the product were then returned to Pearl Dungeon by the carrier, Pearl Dungeon will not make a new delivery unless the customer agrees to pay the shipping costs again.

Any claim concerning the delivery of Products must be made by email to pearldungeon-shop@outlook.fr within 14 working days following the receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned, they must be returned in their original condition (packaging, accessories...) and according to the following shipping conditions.

8. Right of Withdrawal

In accordance with articles L. 121-16 et seq. of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to inform customer service of their wish to return the Product.

For any return, the Customer must contact customer service via email: pearldungeon-shop@outlook.fr to inform them of their decision to exercise their right of withdrawal. Any package returned beyond the announced deadlines will be refused and sent back to the sender. No package returned by cash on delivery will be accepted, regardless of the reason. The costs and risks associated with the return of Products are the responsibility of the sender. For customer service to accept the exchange and/or refund, the Product must be returned complete in its original packaging, undamaged, unworn, accompanied by all its accessories. The Customer will not have to provide reasons or pay penalties, with the exception of return costs.

Pearl Dungeon cannot be held responsible for cases of loss, theft or damage to the package.

Any return must be made by a traceable method (COLISSIMO, UPS, FEDEX, DHL, RAR, etc...) and the tracking number must be communicated.

Upon receipt of the Product returned by the Customer, customer service will send an email confirmation of receipt of the Product.

Pearl Dungeon, in case of regular exercise of this right by the Customer, will reimburse the sums paid by the Customer corresponding to the acquisition of the returned Product(s) (thus excluding any customs fees), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed in the Customer's name.

9. Legal Guarantees

The Products sold by Pearl Dungeon are subject to the legal guarantee conditions provided for by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

*Legal Guarantee of Conformity:

Pearl Dungeon will deliver to the Customer a Product that conforms to the contract and is free from conformity defects at the time of delivery of said Product, meaning that the Product will be fit for the use ordinarily expected of a similar good and that it will have the characteristics presented at the time of sale.

* Legal Guarantee against Hidden Defects:

Pearl Dungeon will provide the Customer with a Product free from hidden defects that would render it unfit for its intended use, or that so diminish that use that the Customer would not have acquired it, or would only have given a lesser price for it, had they known about them.

These guarantees will only apply on condition that the Customer makes the request within 12 months from the delivery of the Product (for the legal guarantee of conformity) or from the discovery of the defect (for the legal guarantee against hidden defects).

In the event of a recognized non-conformity on a Product sold by Pearl Dungeon, the Customer may choose between repair and replacement of the Product, unless one of these choices entails a manifestly disproportionate cost for Pearl Dungeon. If repair or replacement of the Product is impossible, the Customer may have the price paid refunded and return the Product or keep the Product and have part of the price refunded, unless the non-conformity is minor.

In the event of a recognized hidden defect on a Product sold by Pearl Dungeon, the Customer will have the choice to return the Product and have the price and costs incurred by the sale refunded, or to keep the Product and have part of the price refunded.

In all cases, it will be up to the Customer to prove that they meet the conditions of the guarantee.

The return, replacement or refund of the Product will be free of charge for the Customer and will not preclude the possible allocation of damages if entitled.

10. After-Sales Service and Availability of Spare Parts

Any technically repairable Product benefits from a paid after-sales service. For any repair request, the Customer should contact customer service directly via email: pearldungeon-shop@outlook.fr.

In accordance with article L 111-3 al 1 of the Consumer Code, Pearl Dungeon confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. Nevertheless, Pearl Dungeon will make its best efforts to satisfy its Customers in case of a request for one or more spare parts.

11. Limitation of Liability

In no event shall Pearl Dungeon be held liable for any damage that does not result from a breach of one of its obligations.

12. Personal Data

When the Customer places an order on the Pearl Dungeon Website, Pearl Dungeon collects their personal information (personal data, email address, postal address, etc.) through the order form in order to offer them services accessible in restricted access areas. The provision of personal information concerning them is essential for the processing and delivery of their orders.

In this respect, Pearl Dungeon undertakes, in particular, to guarantee the confidentiality of personal data processed within the framework of these presents by implementing appropriate security measures in its field of activity, to ensure that persons authorized to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in personal data protection, and to ensure that its eventual subcontractors comply with legal obligations on behalf of and according to Pearl Dungeon's instructions.

At any time, the Customer has the right to access, modify, rectify and delete data concerning them. To exercise this right, they can make a request to Pearl Dungeon by email at pearldungeon-shop@outlook.fr or by mail to the following address: Laura BRUNEAU 47 RUE DU VAL DE CREUSE 86220 SAINT REMY SUR CREUSE, France.

Subject to validation by a customer's "opt-in", personal information (personal data, email address, etc.) may also be used by Pearl Dungeon and/or its partners for commercial purposes such as sending newsletters or solicitations.

The Site, to better meet the Customer's needs and personalize them, uses cookies. The purpose of the cookie is to indicate your visit to the Site.

Pearl Dungeon's Personal Data Management Policy is accessible on the Site.

13. Intellectual Property

All documents, information texts, graphics, images, photographs or any other content disseminated on the www.pearldungeon.com website are the exclusive property of Pearl Dungeon. Consequently, they cannot be reproduced, exploited or used in any capacity whatsoever, without the express authorization of the publication director.

Pearl Dungeon is the owner of all intellectual property rights (with the exception of the authors' moral rights) relating to the Products and the brands and distinctive signs under which the Products are marketed.

The Customer unreservedly acknowledges Pearl Dungeon's intellectual property as such and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and brands belonging to Pearl Dungeon.

14. Force Majeure

"Force majeure" means all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party experiencing a case of force majeure.

In the event that Pearl Dungeon is prevented or delayed by an event of force majeure in the performance of its commitments, Pearl Dungeon undertakes to inform the Client within 96 hours, specifying the precise elements constituting the force majeure, and the reasonably foreseeable duration of the delay or impediment. Pearl Dungeon will then be released from liability related to the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay. In such a case of force majeure, Pearl Dungeon may, at its discretion, terminate the order or any part thereof, without incurring liability, provided that it reimburses the Client for sums already paid. Under no circumstances may the Client invoke an event of force majeure to be released, even temporarily, from a monetary payment obligation.

15. Governing Law – Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. The language of this contract is French.

In the event of a dispute, the French courts shall have sole jurisdiction. However, in application of EC Regulation 593/2008 of June 17, 2008, these GTC do not preclude the application of a more favorable provision to the Client, which cannot be derogated from by agreement, by virtue of the law of the country where the Client has their habitual residence.

In the event of a dispute related to the application and/or interpretation of these general terms and conditions of sale, the Client has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.

In accordance with Ordinance no. 2015-1033 of August 20, 2015, and implementing decree no. 2015-1382 of October 30, 2015, any consumer dispute, subject to article L.612-2 of the Consumer Code, may be subject to amicable settlement through mediation with La Société Médiation Professionnelle.

To submit a dispute to the mediator, the Client can contact La Société Médiation Professionnelle on its website:

www.mediateur-consommation-smp.fr

24 rue Albert de Mun - 33000 Bordeaux

Regardless of the means used to contact the CPMN, the Client's request must contain the following elements to be processed quickly: their postal, email, and telephone details, as well as the full name and address of Pearl Dungeon, a brief statement of the facts, and proof of prior steps taken with Pearl Dungeon.

Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation no. 1215/2012 of December 12, 2012:

– the Client may bring proceedings either in the courts of their domicile or in the French courts,

– Pearl Dungeon may bring proceedings in the courts of the Client's domicile.

Privacy Policy

As part of its commercial activity, Pearl Dungeon processes Personal Data on behalf of users of the Pearldungeon.com Website. Pearl Dungeon places particular importance on the protection of personal data.

As such, Pearl Dungeon ensures that user data is collected and processed in accordance with the laws and regulations in force relating to the protection of personal data, and in particular with Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “the GDPR”) as well as with Law No. 78-17 of January 6, 1978, relating to data processing, files and freedoms, as amended by Law No. 2018-493 of June 20, 2018.

The processing of personal data carried out by Pearl Dungeon is governed by this Personal Data Protection Policy (hereinafter “the Policy”). Before accessing the services offered by Pearl Dungeon, the user is invited to fully read the provisions below.

1- Definitions

The purpose of this Policy is to define how data is collected and processed by the data controller. The terms indicated below have the following definitions: “Personal Data” or “Data” refers to any information allowing the direct or indirect identification of a natural person. “Data Controller” refers to any natural or legal person who determines the purposes and means of processing Personal Data, in this case Pearl Dungeon, refers to the natural or legal person in charge of processing Personal Data on behalf of the Data Controller within the framework of a service or a provision. “Processing” refers to any operation concerning Personal Data, whatever the process used, computerized or not, such as collection, recording, organization, adaptation, modification, extraction, consultation, communication, use, dissemination or reconciliation of Data. “Users” refers to natural persons who have, or have not, created a personal Account on the Website and provide Personal Data to the Data Controller.

2. Purposes and legal bases for Data Processing

Users' Personal Data is collected and processed by the Data Controller on legal grounds and to the extent strictly necessary for the purposes described below. Processing carried out on the basis of the User's consent notably includes:
- managing user contact requests
- managing orders placed by users
- managing customer relationships, sending commercial prospecting and newsletters. The User can withdraw their consent at any time by contacting Pearl Dungeon under the conditions defined in Article 4 below. Processing carried out on the basis of a contract notably includes: contractual relations between Pearl Dungeon and the buyer applicable to any order concerning the purchase of jewelry.
In this contractual framework, the Data requested from the User is necessary for the conclusion and execution of the contract between Pearl Dungeon and the User, and the absence of communication of this data may prevent the formation of the contract. The User has the possibility to unsubscribe, at any time, from any electronic communication by clicking on "unsubscribe" at the bottom of each communication.

3. User Rights

As Data Controller, Pearl Dungeon is responsible for implementing the rights that Users have over their personal data. User rights are as follows:

- Right of access to Data
The User can ask the Data Controller for confirmation as to whether or not their Personal Data is being processed. If the Data Controller does process Data, the User can verify its accuracy by requesting a copy, readable in an understandable format, of all information that the Data Controller holds concerning them.

- Right to rectification of Data
The User can request the modification of their Personal Data when it is incorrect or incomplete.

- Right to object to Processing
The user can object, for legitimate reasons, to their Data being used for specific purposes.

- Right to restriction of Processing
The User can request that the Processing of their Personal Data be blocked for a certain period, notably while examining a request to exercise rights.

- Right to erasure of Data
The User can request the erasure of all Data that the Data Controller holds about them. The Data Controller undertakes to delete Personal Data when:
- The Data is no longer necessary for the purposes for which it was collected or processed.
- The User's consent is the sole basis for the Processing, and the User withdraws their consent.
- The User objects to the processing under the conditions determined by the GDPR.
- The Personal Data has been unlawfully processed.
- When the law requires the Data Controller to erase the Data.

- Right to data portability
The User can request the retrieval of their Personal Data for their own use or with the aim of communicating it to another organization.

- Right to give instructions on the fate of Data after death. The User has the option to inform the Data Controller about how their Data will be used after their death.

4. Procedures for exercising rights

For any request to exercise their rights, the User may contact Pearl Dungeon by e-mail at pearldungeon-shop@outlook.fr. The Data Controller undertakes to respond as soon as possible to any request to exercise rights and, in any event, within one month of receiving the request. Given the complexity and/or large number of requests, the response time may be extended by two months. In this latter case, the User will be informed as soon as possible.

In the absence of a satisfactory response from the Data Controller, the User is entitled to lodge a complaint with the supervisory authority, namely the Commission Nationale de l'Informatique et des Libertés (the CNIL).

5. Data retention period

The Data Controller retains the Personal Data of its Users for the duration strictly necessary to achieve the purposes of the processing, unless expressly authorized by the User for extended retention. The data retention period varies according to the purposes of the processing implemented.

Data relating to Users in a commercial relationship with the Data Controller is retained for the entire duration necessary for its management, with the exception of that necessary for establishing proof of a contract. This Data may be retained by the Data Controller for commercial prospecting purposes for a maximum of three years from the end of the commercial relationship.

User Data present in contractual documents and necessary for managing orders, deliveries, and invoicing is retained for ten years.

Bank card Data is deleted once the transaction is completed. The latter may be retained in intermediate archives, for evidentiary purposes in the event of a possible dispute of the transaction, for a period of thirteen months. This period may be extended to fifteen months to take into account the use of deferred debit payment cards.

User Data collected for commercial solicitation purposes is retained for three years from its collection or from the last contact from the prospect.

7. Data Communication

The recipients of the Data are the authorized members of Pearl Dungeon.

The Data Controller may communicate User Data for reasons required by law.

8. Data Security

Any Data provided to the Data Controller is treated with due diligence and security. The Data Controller undertakes, in this respect, to implement all appropriate measures, given the nature of the Data and the Processing operations carried out, to ensure the security and confidentiality of Personal Data.

9. Notification of Data breaches

Pearl Dungeon makes every effort to protect the Personal Data of Users collected and processed. Nevertheless, no transmission or storage technology is infallible.

In the event of a Personal Data breach, Pearl Dungeon, as Data Controller, undertakes to notify the competent supervisory authority of the breach as soon as possible and, if possible, within seventy-two (72) hours at the latest after becoming aware of it, unless the breach is not likely to result in a risk to the rights and freedoms of natural persons.

In the event of a breach of Personal Data stored by Pearl Dungeon, the latter undertakes, when the breach is likely to result in a high risk to the rights and freedoms of natural persons, to communicate this breach to the Users concerned (if it has a means of contact, such as an email address) as soon as possible.

10. Modifications

The Data Controller reserves the right to modify this Personal Data Protection Policy. In this case, an updated version will be published on the Website.