General terms and conditions (GTC)

• (10th December 2020 version)
• The « Jaloo » website is edited by:
• Black Sequoia
• SAS with a capital of 300 000 €

Identified at the Commercial and Companies Registry of Rennes under the RCS number 80511204200033.

Whose headquarters are situated 18 rue du Manoir de Servigné 35000 Rennes, France.

The present general sales conditions apply to all orders placed on our website.

Preamble 

The present general sales terms and conditions apply exclusively between the Black Sequoia company (hereafter named Seller) and any person visiting or making a purchase (hereafter named Buyer) via le site https://jaloo.uk/ (hereafter named « Site »).

These General Terms and Conditions of Sale may be subject to modification. The applicable conditions are those in place on the Site at the date of placing your order. 

The GTC are enforceable against the buyer who acknowledges, by ticking a box provided for this purpose, to have been aware of and accepted them before placing an order. The validation of the order by its confirmation constitutes acceptance by the Buyer of the GTC in place on the day of placing the order. 

The nullity of a contractual clause does not entail the nullity of the GTC.

When placing their order, the Buyer acknowledges having read the specific applicable conditions stated on the screen (description, product characteristics, price, limitations) and specifically declares to accept them without reservation. 

The Seller ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. 

The placing of an order and its confirmation by the Buyer, confirms their full and entire acceptance of the general terms of sale, only applicable to the order placed. Black Sequoia draws the buyer’s attention to the importance of these general and specific conditions and to the need for the buyer to be fully aware of them before placing any order. 

As such, the photographs and information illustrating the products offered are provided for information only and do not enter into the contractual field. 

The Buyer declares that he has the legal capacity to contract under French law, and, if applicable, to represent the natural or legal person for whom he has committed. 

When placing the first order, and to enable us to personalise each customer’s virtual environment, an identifier and a password of at least eight alphanumeric characters must be entered by the Buyer. A customer check is then systematically undertaken by the IT system in the aim of verifying that the User ID is unique. 

If their password is lost, the Customer clicks on the "Forgotten password" line and the system automatically sends it back to them by e-mail. 

This password is not, under any circumstances, used to make a payment. 

Article 1 – Products

Prior to placing an order and in accordance with Article L.111-1 of the French Consumer Code, the Buyer may become acquainted with the essential characteristics of the product or products he wishes to order on the site. 

The Buyer selects one or more products from the different categories offered on the Site. 

The products, when they are placed on the market, comply with the requirements of French law in effect relating to the safety and health of individuals, the fairness of commercial transactions and the protection of consumers. 

The offers presented by the Seller are valid within the limits of available stocks. The Seller reserves the right to modify the assortment of products particularly depending on any restrictions related to their suppliers. 

Photographs, visuals and descriptions are made to be as close as possible to the reality of the product sold. In the event that a supplier changes the visuals of a product (the packaging) but the product remains identical elsewhere, the visual representation of it cannot affect the sale. The Seller commits to modify and adjust the visual as soon as possible. 

In the event of unavailability of the product ordered, the Seller informs the Buyer within 5 working days and can offer him either a product of equivalent quality and price or a refund, within 3 months, of the sums paid. 

Unless a breach of contract is personally attributable to the Seller, the Seller is not liable for any cancellation compensation over and above a refund of the amount paid for the unavailable product.

You may contact the Customer Service concerning any enquiries about the products (see Article 11). 

Article 2 - Prices

2.1 - The prices of our products are indicated in euros all taxes included and excluding the cost of processing and shipping. 

The total amount owed by the Buyer is indicated on the order confirmation page. 

2.2 - Black Sequoia reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices stated at the time that the order was placed. 

2.3 - The products remain the property of Black Sequoia until full payment is received by Black Sequoia. 

2.4 - The products and services sold on the Site are reserved for consumers. 

Article 3 – Offers

The online offers presented on the site are valid, in the absence of a specific indication of duration, as long as the products appear in the electronic catalogue and within the limits of available stocks. 

The acceptance of the offer by the Buyer is validated by the confirmation of the order and in accordance with the double-click process. 

Article 4 - Orders

You may order on our website: https://www.jaloo.uk

You will be asked to create an account and provide a certain amount of information about yourself (surname, first name, postal address and email address in particular) in order to better process your request and the delivery of your products. Your registration on our site is a necessary pre-requirement for ordering our products. 

In order to meet the requirements of Article 1316-1 of the French Civil Code, the customer guarantees the accuracy of the information provided. 

Once your registration has been taken into account, you may go to our Site and proceed with your purchases. Connection to our Site is made by entering your username (your email address) and entering the password you entered when registering. 

Once connected to our Site, you select your purchases by adding them to your basket. From the "basket" section of your account, you will be invited to confirm your order by entering the delivery terms and the payment terms. Before finalising your order, you will be asked to accept the General Conditions of Sale by means of a checkbox. You will then be presented with a summary of the products you have selected, the delivery terms and the final amount that you will need to pay. 

The validation of the order implies acceptance of the GTC’s and forms the contract involving your obligation to pay the indicated amount. 

You will then receive a summary and the order confirmation by e-mail. 

Upon dispatch of your order a confirmation email and the General Conditions of Sale will be sent to you, in PDF format, via your order confirmation email address.

The Buyer, once logged in with their username and password, has access to all the information relating their account on the "my account" section accessible on our site. The Buyer also has a summary of their current orders and the option of modifying the information relating to their contact details. 

In certain cases, particularly cases of non-payment, an incorrect address or other problems on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved. 

For any question relating to the follow-up of an order, the Buyer may: 

• call the following telephone number: +44 20 3445 5897 (cost of a local call), on the following days and times: Monday to Friday from 8 a.m. to 4 p.m. (GMT+1)
• send an email to the following address: hello@jaloo.uk

Article 5 – Order Confirmation

Black Sequoia confirms their acceptance of its order to the customer by email. 

Black Sequoia reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute over payment for a previous order. 

In the event of unavailability of a product after placing your order, the Buyer will be informed by email. (see Article 1) 

Black Sequoia reserves the right to refuse an order for legitimate reasons, relating in particular to the supply of products, a problem concerning the order received, an abnormal order or a foreseeable problem concerning the delivery to be made. Black Sequoia will use all means possible to inform the Buyer. 

Any new order may only be made after payment by the Buyer of the sums due concerning all previous orders. 

Article 6 - Payment

You may choose to pay for your purchases by online credit card payment or with PayPal.

More details on our dedicated page: https://jaloo.uk/content/5-secure-payment

The Seller reserves the right to suspend any order and any delivery in the event of non-authorisation of payment by credit card from officially accredited organisations or in the event of non-payment. The Seller reserves the right to refuse delivery or to honour an order from a buyer who has not totally or partially paid a previous order or with whom a payment dispute is in progress.

Article 7 – Delivery

Delivery means the transfer of physical possession or control of the product to the consumer. 

Delivery will take place at the delivery address indicated by the Buyer when placing the Order. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Buyer may request that the invoice is to be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. 

The Buyer may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable format: 

if the ordered product is not delivered or the service is not provided on the date or at the end of the aforementioned period and after having unsuccessfully instructed the Seller to perform his delivery obligation within an additional, reasonable period of time. 

Delivery is made by direct delivery to the Buyer or, failing this, by the Seller sending a notice of availability to the Buyer. The Purchaser must collect the ordered product within 15 days. 

When the product is delivered to the address indicated on the order form, it is the Buyer's responsibility to check the condition of the product delivered in the presence of the delivery person. In the event of damaged or missing items, the Buyer must state their remarks directly on the delivery slip or on the transport receipt. It is possible to refuse the damaged product and is so obligatory to notify the Seller. 

If the product does not comply with the order, the Buyer must send a complaint letter to the Seller in order to obtain an exchange or possibly to cancel the sale. 

The total lack of delivery entails the automatic termination of the sales contract. 

The risks of loss or damage to the goods are transferred to the buyer at the time he takes, or a third party he has designated takes, physical possession of the goods, without distinction according to its nature. 

Ownership of the product is transferred to the Buyer, except in the event that full payment has not been received when placing the order, on the delivery date indicated on the purchase order.

Article 8 – Right of withdrawal

8.1 The principle

To meet the withdrawal deadline, all you have to do is send your withdrawal request before the 14-day withdrawal period expires and return your product through our online returns centre. 

For any further information, advice or instructions on how to exercise your right of withdrawal, please contact our Customer Service. 

Unless one of the exceptions listed below is applicable, you can withdraw from your order without giving any reason within 14 days from the date on which you, or a third party designated by you (other than the carrier), took physical possession of the goods purchased (the last item, set or part of the order if the contract relates to the delivery of the goods or several sets or items delivered separately) or from the date on which you concluded the contract for the provision of services. 

You must return the items within the aforementioned period, in their original packaging, complete, unused and accompanied by the purchase invoice. 

The return costs are the Buyer’s responsibility. 

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be sold again in their original condition. 

To exercise your right of withdrawal, you must complete the standard withdrawal form which appears in Annex 2 hereof, which must be sent to the following address: 

• The company Black Sequoia
• 18 rue du Manoir de Sérvigné 
• 35000 Rennes
• France

You may also exercise your right of withdrawal by any means and in particular by post or email clearly explaining your desire to withdraw from the purchase and mentioning the order concerned by this withdrawal. 

If you wish to withdraw from a purchase contract, we invite you to contact our returns service on +44 20 3445 5897 so that we may send you a return reference number. 

We will refund all payments we have received from you, including standard delivery costs (i.e. the cheapest delivery we offer) no later than 14 days from receipt of your withdrawal request. We will use the same payment method that you used when you placed your initial order, unless you expressly agree to a different method. This refund will not cause any additional costs for you. We may withhold the refund until we have received the product (s) or until you have provided proof of shipment of the product (s), whichever we receive first. If the refund is made after the deadline mentioned above, the amount owed to you will be, by right, automatically increased. 

Please note that you must return the product(s) following the instructions available on our online returns service no later than 14 days from the date that you notified us of your decision to withdraw. 

You must bear the direct cost of returning the product(s). You will be responsible for the depreciation in value of the product(s) due to handling (other than those necessary to establish the nature, characteristics and proper functioning of such product(s))

8.2 Exceptions due to the nature of the products 

For hygiene reasons and in accordance with the provisions of Article L.121-21-8 of the French Consumer Code, the right of withdrawal may not be applied for products that have been unsealed. 

Therefore, unless the equipment malfunctions under the conditions described under Article 11 "Guarantee", the products that have been opened will not be taken back or exchanged once the seal label has been torn or damaged. 

Article 9 - Responsibility

The products offered comply with current European legislation and European standards. 

Black Sequoia cannot be held liable in the event of non-compliance with the law of the country where the product is delivered (for example in the event of a product that is banned, etc.). It is the Buyer’s responsibility to check with local authorities the possibilities of importing or using the products or services you plan to order. 

All photographs are for illustrative purposes. We invite you to refer to the description of each product to learn more about its precise characteristics. Do not hesitate to contact Customer Service if ever you have any doubts or if you would like any additional information. 

Black Sequoia is only responsible for the content of the pages that it publishes. 

In the event of an error between the characteristics of the product and its representation and/or the conditions of sale, Black Sequoia cannot be held liable. 

The Seller cannot be held liable in the event of non-execution or improper execution of the contract due either to a fault made by the Buyer, to the insurmountable and unforeseeable fault of a third party to the contract or for a reason of force majeure or other cause beyond the Seller’s reasonable control.

The total or partial inability to use the products, particularly due to incompatibility of equipment shall not be grounds for any compensation or refund. Black Sequoia shall not be held responsible.

In the event of damage caused by a defect in the safety of the product, the consumer should seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the product. 

The manufacturer is liable for any damage caused due to a defect in the safety of the product. In this case, the consumer should seek accountability from the manufacturer who is identified in the information mentioned on the product’s packaging. 

Article 10 – Customs

The Buyer is considered the official importer and must comply with all laws and regulations of the country in which he receives the products. 

We draw the attention of our international customers to the fact that cross-border deliveries are likely to be opened and inspected by customs authorities. 

Black Sequoia cannot be held responsible if customs refuse entry of the order into the buyer’s country.

In the case of refusal by customs, Black Sequoia will refund the order minus the shipping costs. 

Article 11 - Guarantee

All products sold on the Site benefit from the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-14 of the French Consumer Code or the guarantee against hidden defects mentioned in Articles 1641 to 1649 of the French Civil Code (Annex 1). 

We undertake, at your request, to refund or exchange products that are obviously defective or that do not correspond to your order. Please contact our Customer Service if you would like to request a refund. 

Defective products must be returned to us in the condition in which you received them and with all the elements (accessories, packaging, instructions, etc.). 

The provisions of this article do not prevent you from benefiting from the right of withdrawal mentioned in Article 8 (Right of Withdrawal). 

Products purchased on the Site may give you the right to a commercial guarantee. The products sold are guaranteed solely of the manufacturer. 

In the event of any problem or defective items, you may contact our Customer Service to find out what you need to do concerning our after-sales service. 

To benefit from the product’s guarantee coverage, it is imperative to keep the purchase invoice of the product and its original packaging. 

The contractual guarantees do not cover: 

- replacement of consumables (batteries, bulbs, fuses, antennas, headphones, microphones, recording or playback heads, etc.)

- abnormal or non-conform use of the products. In this regard, we invite you to carefully read the instructions of use supplied with the products 

- breakdowns related to accessories (power cables, etc.)

- faults and their consequences due to the intervention of an unauthorised repairer, 

- defects and their consequences due to any other use than for which the product is intended (professional, collective use, etc.), 

- faults and their consequences due to any external cause. 

However, in all cases, you benefit from the provisions of the legal guarantee. 

Article 12: Customer Service

For any information or question, you may contact our Customer Service:

• By telephone on +44 20 3445 5897
• From Monday to Friday from 8 a.m. to 4 p.m. (GMT+1)
• At the following address: 18 rue du Manoir de Servigné 35000 Rennes, France
• By E-mail: hello@jaloo.uk

The customer may also, at any time, follow the status of his online order through his account at the address: https://www.jaloo.uk/

Any complaints that the customer would like to make concerning the services provided should be made by registered letter with acknowledgement of receipt to the above address. 

Article 13: Data retention

For proof purposes, Black Sequoia may keep and archive the customer's confidential data for a period of time set by Black Sequoia and, at most, for the period of limitation under common law for civil actions as mentioned in Article 2262 of the French Civil Code.

Article 14: Intellectual property 

The website created by Black Sequoia holds all the intellectual property rights relating thereto. The customer is prohibited from copying or downloading all or part of its content, except with prior authorisation from Black Sequoia. 

Article 15: External Links

The Site may contain hypertext links to other websites. 

Black Sequoia is in no way committed to anything regarding any other site to which you may have access via their Site and is in no way responsible for the content, functionality, services offered and access to these third-party sites. 

Article 16: Personal Data

As a commercial site, Black Sequoia collects a certain amount of information necessary to process orders. 

We treat all this information with the utmost confidentiality. 

The processing details of the Buyer's personal data can be found through our Privacy Policy accessible at the following address: https://www.jaloo.uk/content/8-user-data-protection-regulations

Article 16: Cookies

We use different types of cookies to enable us to improve your browsing experience. 

Details can be found in our general terms of use. 

Article 17: Applicable Law – Mediation - Litigation

This agreement is subject to French law. The language of this contract is French. The French courts will have sole jurisdiction. 

If the Buyer wishes to make a formal complaint, they should first contact our Customer Service, the contact details of which appear in Article 12. 

If you are unable to make you complaint to our Customer Service or in the absence of a reply from this service within two months, the Buyer may submit the dispute relating to the purchase order or to these GTC opposing him to the Seller, to a mediator who will try, with complete independence and impartiality, to bring the parties together with the aim of reaching an amicable solution. 

The parties to the contract remain free both to accept or refuse to resort to mediation or, in the event of choosing mediation, to accept or reject the solution proposed by the mediator. 

In the absence of an amicable agreement, you may appeal to court for any dispute relating to the existence, interpretation, conclusion, execution or termination of the contract as well as all the documents related to this contract. 

Annex 1

Article L217-4 of the French Consumer Code

The seller is required to deliver the products in conformity with the contract and is liable for any lack of conformity at the time of delivery. The Seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under their responsibility by the contract or has been carried out under their responsibility. 

Article L217-5 of the French Consumer Code

The item complies with the contract: 

1 ° If it is suitable for the use expected of a similar item and, where applicable: 

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model 

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer or their representative, particular in regards to advertising or labelling

2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted. 

Article L217-8 of the French Consumer Code

The Buyer is entitled to demand that the goods are conform with the contract. He may not, however, dispute the conformity by invoking a defect that he knew or could not ignore when he agreed to the contract. The same condition applies when the defect originates due to other materials that the Buyer used. 

Article L217-9 of the French Consumer Code 

In the case of lack of conformity, the Buyer may choose between the repair or replacement of the item. 

However, the Seller may choose not to proceed according to the Buyer's choice if this choice entails an obviously disproportionate cost compared to another solution, taking into account the value of the item or the importance of the defect. The Seller is then required to proceed, unless this is impossible, according to a method that was firstly chosen by the buyer. 

Article L217-12 of the French Consumer Code

The action resulting from the lack of conformity is prescribed after two years from the date of issue of the item.

Article 1641 of the French Civil code 

With regards to the item sold, the Seller is bound by the hidden defects warranty if ever the item is unfit for the use for which it is intended, or which reduce this use so much that the buyer could have acquired it at a lower price if they had known. 

Article 1648 clause 1 of the French Civil code 

The action resulting from any disadvantage must be stated by the purchaser within two years of discovering of the defect.

Annex 2

Withdrawal form:

To the attention of Black Sequoia - 18 rue du Manoir de Servigné 35000 Rennes, France

I hereby notify you of my withdrawal from the contract for the sale/purchase of the item(s) / for the service(s) indicated (*) below: 

Ordered on _______________ / Received on ______________________ (*) 

Order number: 

Name of consumer(s): 

Address of the consumer(s): 

Signature of consumer(s) (only if this form is notified on paper): 

Date: 

(*) Delete the unnecessary mention