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General Terms and Conditions of Sale: euro-poppers.uk
These general conditions of sale apply to all sales made on the Euro-poppers.uk website.
Euro-poppers.uk website is a service of:
- Black Sequoia SAS
- Headquarters situated 18 rue du Manoir de Servigné 35000 Rennes, France
- URL of the website: https://www.euro-poppers.uk
- E-mail: hello@euro-poppers.uk
- Phone: +44 20 3445 5897
The Euro-poppers.uk website markets the following products: Leather Cleaner Poppers, Sexual Stimulants, condoms & Lubricants.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
Preamble
The present general sales terms and conditions apply exclusively between Black Sequoia SAS company (hereafter named Seller) and any person visiting or making a purchase (hereafter named Buyer) via le site https://euro-poppers.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 SAS 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 - Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is considered to accept them unreservedly.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Euro-poppers.uk website and will prevail, where appropriate, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose company’s headquarters are in France.
Article 2 - Content
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller, the euro-poppers.uk website, to the buyer.
These conditions only apply to purchases made on the euro-poppers.uk site.
These purchases relate to the following products: Leather Cleaner Poppers, Sexual Stimulants & Lubricants.
Article 3 - Pre-contractual information
The buyer acknowledges that they have been informed, prior to placing his order and concluding the contract, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code in a clear and understandable manner.
The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the product;
- the price of the product and/or the method of calculating the price;
- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
- the date or the deadline at which the seller undertakes to deliver the goods in the absence of immediate execution of the contract at whatever its price;
- information relating to the identity of the seller, the postal address, telephone and electronic contact details and information relating to the seller’s activities, to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and the terms of use of guarantees and other contractual conditions.
Article 4 - Orders
You may order on our website: https://euro-poppers.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+0)
- send an email to the following address: contact@euro-poppers.uk
Terms and Conditions of Euro Poppers UK Loyalty Rewards
Joining the loyalty programme is free and happens automatically when you place your first order. The programme allows you to collect points for every order placed on www.euro-poppers.uk. The points collected are personal and cannot be transferred.
For each order placed, you will receive 5% of your order in points. This represents 5 points for every €10 spent.
At any time, you can redeem the loyalty points you have earned for discount vouchers on your next purchase. Your loyalty points are valid for one year.
To convert your loyalty rewards into discount vouchers, simply go to your account, in the section “My Rewards Account” then click on “Transforming my rewards into a voucher”. Use this coupon the next time you order from www.euro-poppers.uk by adding it to the "Discount Code" box at checkout.
Article 5 - Electronic signature
The online transmission of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:
- payment of amounts due conform to the order form,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: +44 20 3445 5897.
Article 6 – Order Confirmation
Black Sequoia SAS confirms their acceptance of its order to the customer by email.
Black Sequoia SAS 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.
Black Sequoia SAS 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. Lighthouse Diffusion 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 7 - Proof of transaction
The computerised registers stored in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which figure on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the best possible accuracy. However, if errors or omissions occur in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 9 - Price
The seller reserves the right to modify his prices at any time but undertakes to apply the current rates indicated at the time of order, subject to availability at that date. Prices are in euros. They do not take into account the delivery charges, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be passed on to the price of the products of the online store.
If one or more taxes or contributions, including environmental, were to be created or modified, whether it be a rise or a fall in rates, this change may be applied to the selling price of the products.
Article 10 - Payment
This is an order with a payment obligation, which means that the placing of the order implies payment by the buyer.
You may choose to pay for your purchases by online credit card payment.
More details on our dedicated page: https://euro-poppers.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 11 - Availability of products - Refund - Resolution
Except in case of force majeure or during the closed periods of the online store that will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those listed below. Shipping times run from the date of registration of the command indicated on the confirmation email of the order.
For deliveries in the UK, the delivery will be made in 2 to 4 days following the day of the buyer completing their order and according to the following modalities: Colissimo.
At the latest, the deadline will be 30 working days after the conclusion of the contract.
In case of non-compliance with the agreed date or delivery time, the buyer shall, before breaking the contract, instruct the seller to execute the contract within a reasonable additional time.
In the absence of execution on or within this new delay, the buyer is free to break the contract.
The Buyer will have to fulfil these successive formalities by registered letter with acknowledgement of receipt or by writing on another sustainable support.
The contract will be considered dissolved on receipt by the seller of the buyer’s letter informing him of this resolution unless the professional has already honoured the contract.
The buyer may, however, be able to resolve the contract immediately, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is obliged to refund all sums paid, at the latest within 14 days of the date on which the contract was dissolved.
In case of unavailability of the ordered product, the buyer will be notified as soon as possible and will have the possibility to cancel the order. The Buyer will then have the choice to request either a refund of the sums paid within 14 days of their payment or the exchange of the product.
By ordering the Mystery Poppers, the customer accepts that he/she cannot choose the reference that will be given to him/her when ordering. The customer may add a maximum of 3 Mystery Poppers to his order. The Mystery Poppers delivered will not be returned, exchanged or refunded. The Mystery Poppers offer cannot be combined with other promotional offers. While stocks last.
Article 12 - Delivery Terms
Delivery means the transfer of physical possession or control to the consumer. The products ordered are delivered according to the terms and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer will ensure of its accuracy. All parcels returned to the seller because of an erroneous or incomplete delivery address will be re-effected at the expense of the buyer. The buyer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a passage notice in the mailbox, this notice will allow the buyer to collect the parcel at the location and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the status of the items. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery slip (parcel refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing compared to the delivery note, damaged parcel, broken products ...). This verification is considered carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer will then have to confirm these reserves to the carrier, by registered mail, at the latest within two working days of receipt of the article(s) and send a copy of this letter by fax or mail to the seller at the address indicated in the legal notice on the site.
If the products need to be returned to the seller, they must be the subject of a return request made to the seller within 14 days of delivery. Any complaint made outside of this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions ...).
Article 13 - Delivery errors
Any complaint made to the seller for delivery and/or non-compliance of products in kind or in quality compared to indications appearing on the order form must be made by the buyer on the same day of the delivery or at the latest on the first working day following the delivery. Any complaint made beyond this deadline will be rejected.
The complaint may be made by contacting the seller by:
- Phone: +44 20 3445 5897;
- E-mail address: hello@euro-poppers.uk.
Any claim not made following the rules and delays defined above cannot be taken into account and will free the seller of any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number code for the product(s) concerned and will communicate it by e-mail to the Buyer. The exchange of a product can only take place after the communication of the assigned exchange number.
In the event of an error of delivery or exchange, any product to be exchanged or reimbursed shall be returned to the seller in perfect condition, in its original packaging and in its entirety (along with any accessories and documents where applicable). Returns should be sent by registered post to the following address: 18 Rue du Manoir de Servigné - 35000 Rennes. The return costs are the responsibility of the seller.
Article 14 - Product warranty
Legal guarantee of conformity and legal guarantee against hidden defects.
Euro-poppers.uk guarantees the conformity of the goods with the contract allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and seq of the French Consumer Code or the guarantee against defects of the item stated in articles 1641 and seq. of the French Civil Code. In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the buyer has a period of 2 years from the delivery of the goods to act;
- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
- in the case of new goods the buyer does not have to provide proof of the non-conformity of the goods during the 24 months following delivery of the goods.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently to the commercial guarantee indicated below;
- the buyer can decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Commercial guarantee
The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or the repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Article 15 - 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 center.
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 unopened 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 SAS
- 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, the products that have been opened will not be taken back or exchanged once the seal label has been torn or damaged.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their suspension.
All unstoppable, unforeseeable, unavoidable, facts or circumstances, external and beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case that the ‘force majeure’ lasts longer than three months, these general conditions may be terminated by the disadvantaged party.
Article 17 - Intellectual property
The website created by Black Sequoia SAS 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 SAS.
Article 18 - Personal Data
As a commercial site, Black Sequoia SAS collects a certain amount of information necessary to process orders.
They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
We treat all this information with the utmost confidentiality.
The buyer has a permanent right of access, modification, rectification and opposition with regard to the information concerning him. The processing details of the Buyer's personal data can be found through our Privacy Policy. (see article 25)
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope.
Article 20 - Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21 - Title
In case of difficulty of interpretation of any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general conditions of sale are originally written in French. Here these general conditions of sale have been translated into English. In the event of a dispute, only the French text will prevail.
Article 23 - Mediation
In the event of a dispute the buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission, to existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example).
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes concerning an amount that is less than or equal to €10,000 or the high court for disputes concerning an amount greater than €10,000.
This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to request an amicable solution.
Annex
(to be completed by the consumer, and sent by registered letter with acknowledgement of receipt, within a maximum of 14 days of the date of conclusion of the service contract)
Withdrawal form:
To the attention of Black Sequoia SAS - 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): ..................
Date: ..................
Signature of consumer(s):
_________________________________________________________________________