- General terms and condtions of sale for private individuals

- General terms and condtions of sale for professionals

GENERAL TERMS AND CONDITIONS OF SALE FOR PRIVATE INDIVIDUALS

1. Purpose
The purpose of the present general terms and conditions are, on the one hand, to inform any potential private non-commercial individual purchaser of the terms and conditions by which S.A.S.U. OLIVIER DERENNE undertakes the sale and delivery of products bought and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the Vendor and Purchaser.
These present general terms and conditions refer exclusively to purchases made by natural non-trading persons with a physical address, a regularly used e-mail address and delivery address, of all of the products shown on the S.A.S.U. OLIVIER DERENNE - NISHIKIDÔRI website.
The products are for sale in the following countries : metropolitan France, the United Kingdom, Ireland, Spain, Portugal, Italy, Switzerland, Belgium, Luxembourg, Germany, The Netherlands, Denmark, Liechtenstein, Croatia, Czech Republic, Russia, Poland, Rumania, Greece, Norway, Sweden, Hungary, Bulgaria. 
For the deliveries made by Post, outside of countries from European Union, the packages come with custom form CN23. This form is required for all custom clearance and custom controls. We only accept alcohol orders and deliveries from the European Union countries.

No deliveries nor after sales service is offered outside these countries.
It is the responsibility of every Purchaser to be aware, prior to validating its order on the S.A.S.U. OLIVIER DERENNE website, of all the legislative and regulatory norms applicable to the products subject of its order, notably but not exclusively, with regard to the customs, to hygiene and to safety, and to verify the possibility to import, to consume or to use the products in light of these regulations.
The Purchaser prior to its order, states that:
- the purchase of products on the S.A.S.U. OLIVIER DERENNE NISHIKIDÔRI website has no direct relation with its professional activity and is for its personal use only,
- It is legally entitled to agree to the present general terms and conditions.
These terms and conditions override any other terms and conditions, notably general terms and conditions of sale, deemed unwritten, unless specifically and formally provided for by S.A.S.U. OLIVIER DERENNE.
Taking into account possible changes in its website, S.A.S.U. OLIVIER DERENNE reserves the right to change the present general terms and conditions from time to time. These new general terms and conditions will only be applicable to purchases made subsequent to these modifications.

2. S.A.S.U. OLIVIER DERENNE details
Name : S.A.S.U. OLIVIER DERENNE
Joint Stock Company with a registered capital of € 2,115,000.
Address: Z.A.C Aeropôle,
140, Rue Georges Guynemer,
44150 ANCENIS. FRANCE
SIRET registration n°: 524 273 414 00010 RCS NANTES

3. Site Access
The Purchaser will make it its business to set-up adequate IT and telecommunication means to access the S.A.S.U. OLIVIER DERENNE website.
The Purchaser will bear all telecommunication charges for the access and use of the NISHIKIDÔRI site.

4. Contract and Orders
4.1. Prices
The sale prices of the products offered on the S.A.S.U. OLIVIER DERENNE website, indicated in €uros, are those in force on the date the Purchaser places its order. They include all taxes, value added tax (VAT) applicable on the day of the order and any possible price reductions or discounts agreed as special offers.
Should the VAT rate change it will automatically be passed on to the products sold by S.A.S.U. OLIVIER DERENNE on its website.
The purchase price does not include delivery charges, invoiced in addition to the price of the products purchased in relation to the amount of the order.
S.A.S.U. OLIVIER DERENNE reserves the right to change the purchase price of the products at any moment. The Purchaser will be informed of this change before any validation of its order.

4.2. Product specifications
Pursuant to article L. 111-1 of Consumer Law, the Purchaser can, prior to its order, consult the main specifications of the product(s) it wishes to order on the NISHIKIDÔRI site.
The Purchaser chooses one or more products among the different categories offered on the NISHIKIDÔRI site.
The S.A.S.U. OLIVIER DERENNE promotional offers are limited to available stocks and subject to supplier availability.
S.A.S.U. OLIVIER DERENNE reserves the right to change the mix of its products if supplier constraints require it. The photographs, graphics and descriptions of the products on offer are not contractual and in no way bind S.A.S.U. OLIVIER DERENNE.

4.3. Orders
Any order presupposes agreement, without limitation and unreservedly, to the present general terms and conditions.
From the moment the Purchaser has validated its order by clicking on the "Validate" icon, it acknowledges fully accepting, and unreservedly, the present general terms and conditions as well as the prices, volumes, colours, weights and quantities of the products it has ordered.
Steps in the ordering process:
1) put the products into the basket,
2) access an account (existing or new),
3) choice of delivery address,
4) choice of means of payment (if several),
5) validation of the order after ticking "I have read and accept the general sales terms".
By clicking on the "Validate" icon together with the identification procedure and the total protection of the messages is equivalent to an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
The purchase will only be considered as final when S.A.S.U. OLIVIER DERENNE sends confirmation of the order by e-mail to the Purchaser. Once the confirmation has been sent, it can only be called into question in the cases enumerated in articles 7.4 "return of products" and 8 "Right of withdrawal" of the present general terms and conditions of sale.
Any fraudulent order or order suspected as such will be considered as null and void by S.A.S.U. OLIVIER DERENNE.
S.A.S.U. OLIVIER DERENNE advises the Purchaser to keep this information in a paper or electronic form.

5. Payment
The Purchaser settles payment on order.
All orders are payable in €uros.
To settle the order, the Purchaser can avail itself of the following methods of payment:
- bank card (carte bleue, Visa, American Express and Master Card)
The Purchaser guarantees S.A.S.U. OLIVIER DERENNE that it has the eventual necessary authorisation to use the method of payment chosen, when the order is validated.
Any order settled by cheque or money order will only be processed once the payment has been received.
At no time can the monies advanced be considered as deposits or instalments.
S.A.S.U. OLIVIER DERENNE reserves the right to suspend or cancel any order and/or delivery, of whatever nature and at whatever point in the process, in case of non-payment of any sum due by the Purchaser or in the case of a payment issue.
Late payment penalties of an amount equal to the interest rate applied by the European Central Bank to its latest refinancing plan, increased by TEN (10) points, are applicable by full right to amounts remaining unpaid after a TEN (10) day period following the date of invoice.
Deliveries of any new orders could be suspended in the case of late payment of a previous order and this notwithstanding the provisions of the present.
S.A.S.U. OLIVIER DERENNE reserves the right to request proof of residence, a photocopy of an identity card and/or a bank card (first side only) from the Purchaser for all payments.
Within the framework of the fight against Internet fraud, information concerning the Purchaser’s order could be communicated to any third party for verification.

6. Choice of products
The Purchaser being fully aware of the products commercialised by S.A.S.U. OLIVIER DERENNE and of their specifications, takes sole responsibility in relation to its needs as it has previously determined before any order, for the choice of the product(s) subject of its order. Moreover, the Purchaser alone being aware of the products it has and uses, is sole judge of the compatibility of the products ordered with those it uses.
It is for the Purchaser alone to decide, if it considers itself insufficiently knowledgeable, to ask for advice.

7. Delivery and reception
7.1. General remarks
The products ordered are handed directly to the Purchaser, or to a shipper or transport company responsible for their delivery.
The products will be delivered to the address given by the Purchaser on the order form, in metropolitan France, the United Kingdom, Ireland, Spain, Portugal, Italy, Switzerland, Belgium, Luxembourg, Germany, The Netherlands, Denmark, Liechtenstein, Croatia, Czech Republic, Russia, Poland, Rumania, Greece, Norway, Sweden, Hungary, Bulgaria.
By default, invoices will be sent to the email address the Purchaser gave when it registered.
If the above procedure is not respected, Purchaser claims will not be accepted.

7.2. Delivery
The Purchaser is delivered at its residence by carrier or its postal service with acknowledgement receipt. In case of absence a document will be left in the Purchaser’s letterbox specifying when and where it can collect its parcel.
The Purchaser is required to check, in front of the carrier or postman, the condition of the packaging and its content at delivery.
Where the Purchaser has a doubt of whatever nature regarding the condition or content of its parcel, it must:- write out its reservations (damage, shortage, damaged parcel, breakages) on the delivery note and sign, or in the case of postal delivery, apply the Colissimo procedure (notably mentioning the damages, any claims and reservations) and refuse the merchandise by immediately informing the postman (form 170),and inform S.A.S.U. OLIVIER DERENNE within 8 days of the date of reception of the products.
S.A.S.U. OLIVIER DERENNE cannot be held responsible for any delivery errors. In this case, any additional cost to send the products to another address will be borne by the Purchaser.

7.3 Delivery time
In accordance with the provisions of article L. 121-20-3 of Consumer Law, the products ordered will be delivered within a THIRTY (30) day period from the day following the date the Purchaser validated their order and subject to payment of the price, or, where payment is by cheque or money order, from the day after S.A.S.U. OLIVIER DERENNE receives the means of payment.
Except for delays brought on by mistakes or transport company or carrier hold-ups, the Purchaser can, should the delivery not be made within the 30 day period, cancel its order or exchange the products ordered, with the exception of foodstuff, by other products offered on the S.A.S.U. OLIVIER DERENNE- NISHIKIDÔRI site in accordance with the methods detailed in 7.4 below. In the case of repayment, the sums paid by the Purchaser will be returned without delay, except for any compensation and notably any damages.
Where there is a delivery delay with regard the period stipulated above, the Purchaser must inform S.A.S.U. OLIVIER DERENNE in writing (letter, fax, e-mail) to enable them to improve the service offered and to investigate the reasons for the delay and possibly proceed with a claim for damages.
A transport company or carrier investigation can take up to TWENTY ONE (21) working days. If the product is found during this period, it will be immediately sent to the delivery address on the delivery note.
On the other hand, if the product is not found at the expiration of this TWENTY ONE (21) day period, S.A.S.U. OLIVIER DERENNE will send the Purchaser a new order at their expense.
Should the product ordered no longer be available, the provisions stipulated in article 8 will be applied.
Where a product is exchanged, delivery costs will be borne by the Purchaser.
Where a delivery takes place outside metropolitan France, S.A.S.U. OLIVIER DERENNE cannot be held responsible for any delay, import issues or seizure of products ordered by the customs of the Purchaser’s country of residence based on non-compliance of the said product with the specific norms of the country of delivery.7.4. Return of products S.A.S.U. OLIVIER DERENNE accepts the return of any article bought on the site, except for food products , if it is returned within a FIFTEEN (15) day period form the date of reception of the order placed by the Purchaser. No return will be accepted after the expiration of this time period. The transport costs of the return and of the initial delivery will be borne by the Purchaser.
The Purchaser has to decide if they want to change the product or be reimbursed. If the customer wishes to change the product they have to send it by post within FIFTEEN (15) days from the date they request the change. If the exchange product has a higher value than that of the initial order, the Purchaser will be asked to pay the difference by any method of payment. If the exchange product has a lower value than that of the initial order S.A.S.U. OLIVIER DERENNE will reimburse the difference.
To return an article, the Purchaser must follow the instructions below:
1. Use the original packaging to return the product.
2. Fill in and enclose the Return Slip to be downloaded from the site. Returns without a Return Slip will not be accepted.
3. Send the parcel to the following address :
S.A.S.U. OLIVIER DERENNE
A l'attention du Service Retour
Z.A.C Aeropole,
140, Rue Georges Guynemer, BP 40261
44158 ANCENIS.
The products must be returned to S.A.S.U. OLIVIER DERENNE in their original condition (packaging, accessories, notice...), correctly sealed and include the signed return slip.
S.A.S.U. OLIVIER DERENNE will not accept to pay the transport costs on arrival.
Any risks involved in the return of the product are the Purchaser’s liability.
If the Purchaser does not respect the procedure mentioned above and the time period indicated, they cannot proceed with a claim for non-compliance or conspicuous defect in the delivered products, the products being considered as compliant and without any conspicuous defect.
Non-compliance of a product ordered with one or several specific norms applicable in the Purchaser’s country of residence outside France cannot be grounds for the return or reimbursement of the order.

8. Right of withdrawal
In accordance with article L. 121-20 of Consumer Law, the Purchaser has a period of SEVEN (7) clear days from the date of reception of the goods, to return the products.
When the SEVEN (7) day period expires on a Sunday or a public holiday, it is extended to the next working day. The right of withdrawal can be exercised by the Purchaser without justifying the grounds or having to pay penalties, except for any return or initial delivery charges which are not reimbursed.
The right of withdrawal does not apply to perishable foodstuffs, which by their nature, are liable to deteriorate or go over their ‘best before’ date.
The products must be returned to S.A.S.U. OLIVIER DERENNE in perfect condition for resale, in their original state (packaging, accessories, notice...), correctly sealed and including the signed return slip in accordance with the procedure described in article 7.4 above.

9. Ownership rights
S.A.S.U. OLIVIER DERENNE REMAINS FULL AND COMPLETE OWNER OF THE PRODUCTS SOLD UNTIL THE PRICE, DELIVERY CHARGES AND TAXES HAVE BEEN CREDITED TO THEM.
HOWEVER, THE PURCHASER IS RESPONSIBLE FOR THE PRODUCTS AS SOON AS THEY ARE PHYSICALLY DELIVERED, THE TRANSFER OF OWNERSHIP ENTAILING THAT OF RISK.

10. Responsibility
S.A.S.U. OLIVIER DERENNE cannot be held responsible for failure to complete the contract should there be a shortage in stock or non-availability of the product due to force majeure, disturbances or partial or total strikes notably in the postal services and transport companies and/or communications, which have the effect of suspending their contractual obligations.
In this case S.A.S.U. OLIVIER DERENNE will inform the Purchaser by e-mail or any other means of the impossibility to deliver and the predictions regarding the resumption of the service.
Moreover, S.A.S.U. OLIVIER DERENNE cannot be held responsible for any indirect damages of whatever nature caused by the purchase of its products.
S.A.S.U. OLIVIER DERENNE cannot be held responsible for the loss of any data. It is the Purchaser’s responsibility to undertake all necessary file saving.
The NISHIKIDÔRI site also contains information from third parties and links to other Internet sites. S.A.S.U. OLIVIER DERENNE cannot be held responsible for any damages resulting from the use, access to, or inability to use this third party information, nor the content of other Internet sites.
When it lives outside France, the Purchaser is considered as being fully aware of all the specific norms of its country of residence regarding the subject of its order, notably customs, hygiene and safety. For this reason, S.A.S.U. OLIVIER DERENNE cannot be held responsible should the Purchaser order products which do not comply with one or several norms.
Likewise, S.A.S.U. OLIVIER DERENNE cannot be held responsible in any way for delays in delivery, import difficulties or seizure of products ordered at the frontier of the Purchaser’s country of residence, due to product non-compliance with specific regulations in the country of delivery.

11. Force Majeure
The following are considered as force majeure or fortuitous, events independent of the will of the parties which they can neither avoid nor overcome and so the unexpected appearance postpones the execution of the contractual obligations or makes them almost impossible.
The following are considered as force majeure or fortuitous releasing S.A.S.U. OLIVIER DERENNE from its obligation to deliver within the time initially planned, without this list being exclusive: strikes by all or a part of S.A.S.U. OLIVIER DERENNE employees or their usual carriers, fire, flood, war, production hold ups due to chance breakdowns, impossibility to receive goods from suppliers, epidemics, bad weather conditions, road blocks, strikes or EDF or GDF power cuts, or breakdowns in supply which are not caused by S.A.S.U. OLIVIER DERENNE, as well as any other breakdown in supply caused by S.A.S.U. OLIVIER DERENNE suppliers.
In such circumstances S.A.S.U. OLIVIER DERENNE will warn the Purchaser by fax or e-mail within TWENTY FOUR (24) hours following the event, the contract being therefore suspended by full right without compensation from the moment the event occurred.
The aforementioned cases are the cases of force majeure for which S.A.S.U. OLIVIER DERENNE is not responsible, without it being necessary to examine the way in which they occurred with regard to the terms and conditions detailed in jurisprudence to take advantage of force majeure.
S.A.S.U. OLIVIER DERENNE will inform the Purchaser in this case by e-mail or any other means of the impossibility to deliver as planned and the prognostic for resumption of service.
After a THIRTY (30) day period following the occurrence, the contract can be cancelled by the most diligent party, by registered letter with acknowledgement, without either of the parties requiring the granting of damages or compensation of any sort.
When they live outside France, the Purchaser is considered as being fully aware of all the specific norms of their country of residence regarding the subject of their order, notably customs, hygiene and safety. For this reason, S.A.S.U. OLIVIER DERENNE cannot be held responsible for should the Purchaser order product which do not comply with one or several norms.
Likewise, S.A.S.U. OLIVIER DERENNE cannot be held responsible in any way for delays in delivery, import difficulties or seizure of products ordered at the frontier of the Purchaser’s country of residence, due to product noncompliance with specific regulations in the country of delivery.

12. Partial non-validity
If one or more of the stipulations of the present general terms and conditions are considered as invalid or declared as such as a result of the implementation of a law, regulation or following a final judgement of a competent jurisdiction the other stipulations maintain their scope and force .

13. Non-withdrawal
The fact that one of the parties does not prevail itself of a breach vis-à-vis the other party regarding any of the obligations mentioned in the present general terms and conditions cannot be seen in the future as the release of the obligation in question.

14. Confidentiality and "Data Protection Act"
The information collected by S.A.S.U. OLIVIER DERENNE when the Purchaser places an order is needed by S.A.S.U. OLIVIER DERENNE and its commercial partners to manage the order. In accordance with the “Data Protection Act” n° 78-17 of January 6 1978, the Purchaser has a right of access, modification, opposition and suppression of their data held by S.A.S.U. OLIVIER DERENNE.
S.A.S.U. OLIVIER DERENNE binds itself not to communicate this information to other organisations or companies without prior permission from the Purchaser.
The Purchaser could receive commercial offers, or be informed of S.A.S.U. OLIVIER DERENNE promotional offers. If the Purchaser does not wish to receive these offers, they can inform S.A.S.U. OLIVIER DERENNE by letter or by email.

15. Applicable law
Any question with a bearing on the present general terms and conditions as well as the sales they govern, which are not covered by the present contractual stipulations, will be settled by French law except for any other right, and as suppletory to the Vienna Convention on the international sale of goods.

16. Governing law
For the enforcement of the present, the company elects domicile in its head office as stated in article 2 of the present.
Any litigation regarding the enforcement of the present general terms and conditions as well as their interpretation, execution and sales contracts finalised with our Company, or any payment of the price, will fall within the competence of the Tribunal de commerce de NANTES (44) from wherever the order, delivery or payment was made and whatever the method of payment, even if there should be an introduction of third parties or plurality of defendants.
Bills of exchange neither substitute nor depart from this clause of jurisdiction.
The power of jurisdiction falling to the Tribunal de commerce de NANTES (44) is general and applies, whether it is a leading question, a point of law, a main action or an injunction order.
Moreover, where legal proceedings or any other action to collect a debt are instituted by our Company, the summons and legal fees, fees for lawyers and bailiffs and all additional costs will be borne by the Purchaser who has not fulfilled its obligations, as well as those fees linked or resulting from the non-respect of the terms and condition of payment or delivery of the order in question by the Purchaser.

GENERAL TERMS AND CONDITIONS OF SALE FOR PROFESSIONALS

1. Purpose

The purpose of the present general terms and conditions are, on the one hand, to inform any potential professional purchaser of the terms and conditions by which OLIVIER DERENNE undertakes the sale and delivery of products bought and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the Vendor and Purchaser.

These present general terms and conditions refer exclusively to purchases made by professionals of all of the products shown on the www.nishikidori.comwebsite belonging to OLIVIER DERENNE.

The products are for sale in the following countries (list not exhaustive): Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, United States, Finland, France and its overseas territories, Greece, Hungary, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Portugal, Poland, Czech Republic, United Kingdom, Russia, Romania, Slovakia, Slovenia, Sweden, Switzerland.

For postal deliveries to countries outside the European Union, the parcels are accompanied by the CN 23 customs form. This form is necessary for any customs clearance and customs controls.

No deliveries nor after sales service is offered outside these countries. It is the responsibility of every Purchaser to be aware, prior to validating his/her order on the www.nishikidori.comwebsite belonging to OLIVIER DERENNE, of all of the laws and regulations applicable to the products ordered, including, but not exclusively, customs matters and health and safety, and to verify the possibilities of import, consumption or use of the products under these rules.

The Purchaser prior to his/her order, states that:
- the purchase of products on the www.nishikidori.com website belonging to OLIVIER DERENNE is directly related to his/her professional activity,
- is legally entitled to bind themselves or the legal entity they represent to the present general terms and conditions.

These terms and conditions override any other terms and conditions, notably general terms and conditions of sale, deemed unwritten, unless specifically and formally provided for by OLIVIER DERENNE.

Taking into account possible changes to its website, OLIVIER DERENNE reserves the right to change the present general terms and conditions from time to time. These new general terms and conditions will only be applicable to purchases made subsequent to these modifications.

2. OLIVIER DERENNE details
Name: OLIVIER DERENNE
            Joint stock company with a registered capital of € 2,115,000.
Address: Z.A.C Aeropôle,
               140, Rue Georges Guynemer,
               44150 ANCENIS. FRANCE

SIRET registration n°: 524 273 414 00010  RCS NANTES

3. Site Access
The Purchaser will make it their business to set-up adequate IT and telecommunication means to access the OLIVIER DERENNE site.

The Purchaser will bear all telecommunication charges for the access and use of the www.nishikidori.comsite.

4. Contract and Orders
4.1. Prices
The sale prices of the products offered on the www.nishikidori.com Internet site belonging to OLIVIER DERENNE, indicated in €uros, are those in force on the date the Purchaser places their order.

They are without taxes (H.T.), without packaging and collected from our stores. Unless otherwise agreed, the packaging is decided on and prepared by our company.

Value added tax (VAT) applicable on the day of the order will be added and deductions will be made of any price reductions or discounts agreed as special offers.

In accordance with the provisions of the French General Tax Code and the 6th VAT Directive, if the client is a legal person not resident in France and subject to VAT in a User State of the European Union, or a non-resident person but in a User State of the European Union, French VAT will only be applied when the person provides the necessary information such as their Intracommunity VAT number.

Insofar as shipping and transportation of products are not insured by the Purchaser, sales to persons not resident in the EU are subject to VAT in France.

Should the VAT rate change it will automatically be passed on to the products sold by OLIVIER DERENNE on its Internet site.

The purchase price does not include delivery charges, which are invoiced in addition to the price of the products purchased dependent on order total.

Delivery charges are free of charge for orders above 1,500.00 euros HT to mainland France.

For all sales outside the European Union, prices are DAP (Delivered at Place). All customs clearance fees remain the responsibility of the Purchaser.

OLIVIER DERENNE reserves the right to change the purchase price of the products at any moment. The Purchaser will be informed of this change before any confirmation of his/her order.

4.2. Product specifications

The Purchaser can, prior to their order, consult the main specifications of the product(s) they wish to order on the www.nishikidori.com site.

The Purchaser chooses one or more products among the different categories offered on the www.nishikidori.com site.

The OLIVIER DERENNE promotional offers are limited to available stocks and subject to supplier availability.

OLIVIER DERENNE reserves the right to change the mix of its products if supplier constraints require it.

The photographs, graphics and descriptions of the products on offer are not contractual and in no way bind OLIVIER DERENNE.

4.3. Orders
Any order presupposes agreement, without limitation and unreservedly, to the present general terms and conditions, which prevail over any other Purchaser document and notably over any other general terms and conditions, unless there is the prior agreement of OLIVIER DERENNE.

All documents other than the present general terms and conditions and notably catalogues, prospectus, advertising, notices, are only for information and are non-contractual.

From the moment the Purchaser has validated their order by clicking on the "Validate" icon, they acknowledge fully accepting, and unreservedly, the present general terms and conditions as well as the prices, volumes, colours, weights and quantities of the products they have ordered.

Steps in the ordering process:
1) put the products into the basket.
2) access an account (existing or new)
3) choice of delivery address
4) choice of delivery means
5) choice of payment type

6) validation of the order after ticking "I have read and accept the general sales terms"

By clicking on the icon to confirm the order, together with the identification procedure and the total protection of the messages is equivalent to an electronic signature. This electronic signature has the same value between the parties as a handwritten signature and means that the customer accepts this, to the extent that it is consistent with the provisions of Article 1316-4 of the French Civil Code which provides that when the signature "is electronic, […] involves the use of a reliable identification process guaranteeing its link with the act to which it is attached. The reliability of this procedure is presumed unless otherwise proven when the electronic signature is created, the identity of the signatory and the integrity of the act is guaranteed under the conditions laid down by the State Council decree.”

The purchase will only be considered as final when OLIVIER DERENNE sends confirmation of the order by fax or email to the Purchaser.

Once the confirmation has been sent, it is irrevocable, unless a written prior agreement sent by fax or email by OLIVIER DERENNE states otherwise.

Any fraudulent order or order suspected as such will be considered as null and void by OLIVIER DERENNE.

OLIVIER DERENNE advises the Purchaser to keep this information in a paper or electronic form.

5. Purchaser obligations

The Purchaser wishing to buy from the company OLIVIER DERENNE acknowledges having full legal capacity.

The Purchaser undertakes to comply with all laws and regulations relating to the acquisition of assets of any kind.

It is the responsibility of each Purchaser to take note, prior to placing an order on the Internet site www.nishikidori.com of all of the laws and regulations applicable to the products ordered in their own country of residence if they do not reside in France, including, but not exclusively, customs matters and health and safety, and to verify the possibilities of import, consumption or use of the products under these rules.

Customers’ attention is to be focused in particular towards alcoholic beverages and knives which import and purchase may be the object of a particular regulation in their State of residence.

After having chosen their products, the Purchaser must check the order, its price, and depending on the mode of payment chosen, find out any necessary information regarding payment of the product, and correct any errors before confirming the order to accept it.

This confirmation will be regarded as a purchase.

6. Payment
For any order of an amount excluding tax of less than THREE hundred (300) euros, excluding shipping fees, invoices are payable cash before delivery, meaning that payment has been received.

For any order of an amount excluding tax of more than three hundred (300) euros, excluding shipping fees, the payment of the invoice must be made by the purchaser within a period not exceeding THIRTY (30) days from the issue date of the invoice, and only under the condition that the outstanding amount is guaranteed by our credit insurance. In the absence of such a guarantee, and without prior agreement of OLIVIER DERENNE, invoices shall be payable before the delivery of the order.

Any request for the opening of an account is subject to agreement by the company OLIVIER DERENNE and limited to the overdraft granted by the company to the Purchaser. This overdraft authorization can evolve over time.

All orders are payable in €uros.

To settle the order, the Purchaser can avail itself of the following methods of payment:
- bank card,
- money order and/or Paypal
- bank transfer (any Purchaser bank charges borne by the Purchaser).

The Purchaser guarantees OLIVIER DERENNE that it has the eventual necessary authorization to use the method of payment chosen, when the order is validated.

Any order settled by money order or Paypal will only be processed once payment has been received.

At no time can the monies advanced be considered as deposits or installments.

OLIVIER DERENNE reserves the right to suspend or cancel any order and/or delivery, of whatever nature and at whatever point in the process, in case of non-payment of any sum due by the Purchaser or in the case of a payment issue or if OLIVIER DERENNE has special or serious reasons to believe the customer has payment difficulties on the day of the order, or subsequent to it, or if the customer does not present the same guarantees as on the acceptance date of the order. The Purchaser can then at no moment expect any compensation whatsoever.

Late payment penalties of an amount equal to the interest rate applied by the European Central Bank to its latest refinancing plan, increased by TEN (10) points, are applicable by full right to amounts remaining unpaid after a TEN (10) day period following the date of invoice.

In this case the rate applicable during the first semester of the year is that in force on 1 January of the year concerned. The applicable rate during the second semester is that in force on the 1 July of the year concerned.

According to article L441-6 of the French Commerce Code, if the Purchaser is in default status they are automatic debtor in respect of the company OLIVIER DERENNE for a lump sum of FORTY (40) €uro for recovery costs.

Deliveries of any new orders could be suspended in the case of late payment of a previous order and this notwithstanding the provisions of the present.

OLIVIER DERENNE reserves the right to request, before accepting any order, as part of the procedure, Purchaser accounting documents, notably an operating statement, even estimated, enabling them to evaluate their ability to pay.

Within the framework of the fight against Internet fraud, information concerning the Purchaser’s order could be communicated to any third party for verification.

7. Choice of products
The Purchaser being fully aware of the products marketed by OLIVIER DERENNE and of their specifications, takes sole responsibility in relation to its needs as it has previously determined before any order, for the choice of the product(s) subject of its order. Moreover, the Purchaser alone being aware of the products it has and uses, is sole judge of the compatibility of the products ordered with those it uses.

The Purchaser is considered as having checked the adequacy of the products ordered with regard to the legislation of its country of residence, notably hygiene and safety and the possibility to import the said products.

The choice of product as well as any order placed through the Internet site www.nishikidori.com is therefore the responsibility of the individual Purchaser who must assess his/her own needs.

Each Purchaser has the possibility of asking any questions and for further information about a product before placing an order and purchasing it through the Internet site www.nishikidori.com.

It is for the Purchaser alone to decide, if he/she considers themselves insufficiently knowledgeable, to ask for advice.

8. Delivery and reception
8.1. General remarks

The products ordered are handed to a shipper or transport company responsible for their delivery, or to their postal service, against acknowledgement receipt. In case of absence it is the responsibility of LA POSTE or the transport company to notify the Purchaser with a document left in the Purchaser’s letterbox specifying when and where they can collect their parcel. Delivery signifies the product is made available to the Client.

The Purchaser is required to check, in front of the carrier or postman, the condition of the packaging and its content at delivery.

The products will be delivered to the address provided by the Purchaser on the order form to (list not exhaustive): Germany, Austria, Belgium, Bulgaria, Canada, Cyprus, Croatia, Denmark, Spain, Estonia, United States, Finland, France and its overseas territories, Greece, Hungary, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Portugal, Poland, Czech Republic, United Kingdom, Russia, Romania, Slovakia, Slovenia, Sweden, Switzerland.

In the case of delivery to an address other than the headquarters of the Purchaser, it will be the responsibility of the latter to ensure that he/she or a representative will be present. Delivery signifies acceptance of the product. Any error by the person receiving the said product cannot be attributable to the company OLIVIER DERENNE.

Customers outside France wishing to place an order on the Internet site www.nishikidori.com, are invited to contact the company OLIVIER DERENNE by e-mail via the address contact@nishikidori.com to discuss the possibility of delivery.

By default, invoices will be sent to the e-mail address the Purchaser gave when it registered.

8.2. Delivery
It is the customer’s responsibility, in case of damage or shortages, to make all necessary reservations known to the carrier or company which undertook the delivery.

Where the delivery is made by LA POSTE, if the Purchaser has a doubt of whatever nature regarding the condition or content of its parcel, he/she must apply the Colissimo procedure (notably mentioning the damages, any claims and reservations) and refuse the merchandise by immediately informing the postal service (form 170).

Any product not subject to reservations communicated to the carrier or company which undertook the delivery within THREE (3) days of reception, in accordance with article L. 133-3 of Commercial Law, a copy of which will be sent to our company at the same time, will be deemed as accepted by the customer.

OLIVIER DERENNE cannot be held responsible for any delivery errors. In this case, any additional cost to send the products to another address will be borne by the Purchaser.

8.3 Customs Duties

Any order placed on the website www.nishikidori.com and delivered outside of the European Economic Community may be subject to possible taxes and customs duties which are imposed when the package reaches its destination.

These possible customs duties and taxes, if any, related to the delivery of a parcel, are the responsibility of the customer to who will also handle customs clearance. OLIVIER DERENNE is not required to verify or inform the customer of the applicable customs duties and taxes. To find out about them, OLIVIER DERENNE advises the Purchaser to ask its competent local authorities.

8.4 Delivery times

Although OLIVIER DERENNE strives to deliver the products within the time limits indicated when placing of the order, it should be remembered that the provisions of article L. 121-20-3 of the French Consumer Code stipulate that the ordered products must be delivered in France within a maximum period of THIRTY (30) days from the day following the order by the Client and subject to payment.

Delivery times are given for information and as an indication; they depend essentially on the availability of carriers and the time of arrival of the orders.

OLIVIER DERENNE does everything in its power to respect the delivery times given when the order is placed, in relation to the professional times given, and to carry out the order, except for a case of force majeure as defined in article 11 hereinafter.

Delivery delays can neither result in any compensation, nor be a reason to cancel the order.
Any delay in relation to the initial delivery time given when the order was placed, cannot justify the cancellation of the Purchaser’s order placed and recorded with our Company.

Where a delivery takes place outside metropolitan France, OLIVIER DERENNE cannot be held responsible for any delay, import issues or seizure of products ordered by the customs of the Purchaser’s country of residence based on non-compliance of the said product with the specific norms of the country of delivery.

8.5 Replacement of products

Without prejudice to the measures to be taken by the Purchaser vis-à-vis the carrier as described in the previous article, in the case of conspicuous defects or shortages, any claim, of whatever nature, relating to the delivered products, will only be accepted by OLIVIER DERENNE, in writing, sent by registered letter with acknowledgement, within THREE (3) days as provided by article 8.2.

It is the responsibility of the Purchaser to provide all proof regarding the veracity of the conspicuous defects or shortages noted.

No return of products can be undertaken without the express, written, prior agreement of OLIVIER DERENNE, obtained notably by fax or e-mail.

Only the carrier chosen by OLIVIER DERENNE is authorized to undertake the return of the products in question.

When after checking a conspicuous defect or shortage is actually noted by OLIVIER DERENNE or their representative, the Purchaser can only request replacement of the non-compliant product and/or the goods needed to make up the shortage at the expense of OLIVIER DERENNE, without claiming any damages or cancelling the order.

Reception of the products ordered by the Purchaser without any reservations covers any conspicuous defect and/or shortage.

Any reservations must be confirmed within the time stipulated in article 8.2 of the present.

Claims made by the Purchaser under the terms and conditions and in accordance with the method described in the present article do not suspend payment by the Purchaser of the merchandise in question.

OLIVIER DERENNE cannot be held in any way responsible for incidents during transport, destruction, damage, loss or theft, even if it chose the carrier.

Non-compliance of a product ordered with one or several specific norms applicable in the Purchaser’s country of residence outside France cannot be grounds for the return or reimbursement of the order.

9. Product Guarantee

9.1 Principle

Food products sold and shipped have a best before date of more than THIRTY (30) days from the date of dispatch.

The products purchased may benefit, when existing and expressly mentioned, from the OLIVIER DERENNE guarantee, the company which sells them. This may allow for a repair or exchange.

If applicable, this guarantee will be indicated on the product sheet at the time of the sale on the Internet site www.nishikidori.com.

9.2 Visible defect guarantee

In the case of visible defects, the products are replaced, subject to verification of the alleged defects.

Notification of defects existing at the time of delivery and revealed after receipt of the products must be made by the customer within EIGHT (8) days of the date when the lack of conformity was discovered. No denunciation will be taken into account if it is carried out more than EIGHT (8) days after the date of delivery.

It must be made by recorded delivery, except if OLIVIER DERENNE acknowledges receipt in the case of electronic submission.

No non-compliance action may be initiated by the Client more than EIGHT (8) days after delivery of the products.

After expiry of this period, the Client will no longer be able to invoke non-conformity of the products, nor oppose this in any counterclaim to defend themselves during any debt recovery action brought against him/her.

The Client must provide justification as to the reality of the defects and the date on which they were noticed. OLIVIER DERENNE reserves the right to directly or indirectly carry out any checks and verifications on site.

Failing compliancy with these conditions, the responsibility of OLIVIER DERENNE for any apparent defects cannot be called into question.

9.3 Guarantee exclusions

Excluded from guarantee are products repaired, integrated or added by the Client or any other non-unauthorized person, as well as food products.

The guarantee does not include products damaged during transportation or having been the subject of misuse.

9.4 Guarantee against conspicuous and concealed defects

The products must be checked by the Purchaser on delivery, and any claim, reservation or litigation relating to shortage or conspicuous defects, must be made under the terms and conditions stipulated in above articles of the present. In the case of conspicuous defects, we agree to replace the products once the alleged defects are verified.

The Purchaser must provide all proof regarding the reality of the defect noted, OLIVIER DERENNE reserves the right to undertake, directly or indirectly, on site reports and checks.

The declaration of defects existing at the moment of delivery and revealed after reception of the products, must be communicated by the Purchaser within THREE (3) days following the date the non-compliance was discovered. No declaration will be taken into account if it is communicated more than THREE (3) clear days after delivery.

No non-compliance proceedings can be started by the Purchaser more than THREE (3) clear days after delivery.

It is expressly agreed that acceptance by the Purchaser of the present general terms and conditions means that after expiration of this time limit the Purchaser no longer has the right to put forward product noncompliance, nor use this in a counterclaim as a defense against any proceedings to collect debt instituted by OLIVIER DERENNE.

Should these terms and conditions not be respected, OLIVIER DERENNE responsibility for a concealed defect cannot be questioned.

Product defects and deterioration resulting from unusual storage conditions and/or preservation by the Purchaser, notably in the case of accident of whatever nature, do not give any right to the OLIVIER DERENNE guarantee.

Under the guarantee for concealed defects, OLIVIER DERENNE is only required to replace the defective products without charge and the Purchaser cannot make any claim for damages, for whatever reason.

The company guarantees its products against concealed defects, in accordance with the law, practices, jurisprudence and under the terms and conditions defined in the present.

The guarantee subject of the present article only applies to products which have duly become the property of the Purchaser. It is not applicable when the Purchaser has used the products in inappropriate or abnormal conditions.

The present guarantee only applies to concealed defects. The Purchaser being considered as a professional, a concealed defect is one which through a defect in manufacture makes it unsuitable for use and not possible for the Purchaser to detect it before use.

The present guarantee is limited to, except for food products, the SIX (6) first months of use. Non-food products are deemed as used by the Purchaser within the first TWO (2) months of availability. In all cases, the Purchaser must prove the date of the beginning of use of the said products.

The OLIVIER DERENNE guarantee ends by full right when the Purchaser has failed to warn them of the alleged defect within TWENTY (20) clear days of its discovery.

10. Ownership rights


OLIVIER DERENNE REMAINS FULL AND COMPLETE OWNER OF THE PRODUCTS SOLD UNTIL THE PRICE, DELIVERY CHARGES AND TAXES HAVE BEEN CREDITED TO THEM.HOWEVER, THE PURCHASER IS RESPONSIBLE FOR THE PRODUCTS AS SOON AS THEY ARE PHYSICALLY DELIVERED, THE TRANSFER OF OWNERSHIP ENTAILING THAT OF RISK.

11. Force Majeure

The following are considered as force majeure or fortuitous, events independent of the will of the parties which they can neither avoid nor overcome and so the unexpected appearance postpones the execution of the contractual obligations or makes them almost impossible.


The following are considered as force majeure or fortuitous releasing OLIVIER DERENNE from its obligation to deliver within the time initially planned, without this list being exclusive: strikes by all or a part of OLIVIER DERENNE employees or their usual carriers, fire, flood, war, production hold ups due to chance breakdowns, impossibility to receive goods from suppliers, epidemics, bad weather conditions, road blocks, strikes or EDF or GDF power cuts, or breakdowns in supply which are not caused by OLIVIER DERENNE, as well as any other breakdown in supply caused by OLIVIER DERENNE suppliers.

In such circumstances OLIVIER DERENNE will warn the Purchaser by fax or e-mail within TWENTY FOUR (24) hours following the event, the contract being therefore suspended by full right without compensation from the moment the event occurred.

The aforementioned cases are the cases of force majeure for which OLIVIER DERENNE is not responsible, without it being necessary to examine the way in which they occurred with regard to the terms and conditions detailed in jurisprudence to take advantage of force majeure.

OLIVIER DERENNE will inform the Purchaser in this case by e-mail or any other means of the impossibility to deliver as planned and the prognostic for resumption of service.

After a THIRTY (30) day period following the occurrence, the contract can be cancelled by the most diligent party, by registered letter with acknowledgement, without either of the parties requiring the granting of damages or compensation of any sort.

When he/she lives outside France, the Purchaser is considered as being fully aware of all the specific norms of its country of residence regarding the subject of its order, notably customs, hygiene and safety. For this reason, OLIVIER DERENNE cannot be held responsible for should the Purchaser order product which do not comply with one or several norms.

Likewise, OLIVIER DERENNE cannot be held responsible in any way for delays in delivery, import difficulties or seizure of products ordered at the frontier of the Purchaser’s country of residence, due to product noncompliance with specific regulations in the country of delivery.

12. Responsibility


OLIVIER DERENNE cannot be held responsible for failure to complete the contract should there be a shortage in stock or non-availability of the product due to force majeure mentioned in article 11 above.


Moreover, OLIVIER DERENNE cannot be held responsible for any indirect damages of whatever nature caused by the purchase of its products.

OLIVIER DERENNE cannot be held responsible for the loss of any data. It is the Purchaser’s responsibility to undertake all necessary file saving.

In general, OLIVIER DERENNE is held only to an obligation to carry out its services and contractual commitments.

The www.nishikidori.com site also contains information from third parties and links to other websites. OLIVIER DERENNE cannot be held responsible for any damages resulting from the use, access to, or inability to use this third party information, nor the content of other websites.

13. Partial non-validity

If one or more of the stipulations of the present general terms and conditions are considered as invalid or declared as such as a result of the implementation of a law, regulation or following a final judgement of a competent jurisdiction the other stipulations will keep their scope and force.

14. Non-withdrawal

The fact that one of the parties does not prevail itself of a breach vis-à-vis the other party regarding any of the obligations mentioned in the present general terms and conditions cannot be seen in the future as the release of the obligation in question.

15. Confidentiality and "Data Protection Act"


The information collected by OLIVIER DERENNE when the Purchaser places an order is needed by OLIVIER DERENNE and its commercial partners to manage the order. In accordance with the “Data Protection Act” n° 78-17 of January 6 1978, the Purchaser has a right of access, modification, opposition and suppression of its data held by OLIVIER DERENNE.

OLIVIER DERENNE binds itself not to communicate this information to other organizations or companies without prior permission from the Purchaser. The Purchaser, with the exception of companies belonging to the group OLIVIER DERENNE and PALMIFRANCE or one of their subsidiaries, unless otherwise expressly stipulated to the contrary by the Purchaser, could receive commercial offers, or be informed of OLIVIER DERENNE promotional offers. If the Purchaser does not wish to receive these offers, they can inform OLIVIER DERENNE by letter or by e-mail.

16. Applicable law

Any question with a bearing on the present general terms and conditions as well as the sales they govern, which are not covered by the present contractual stipulations, will be settled by French law except for any other right, and as supplementary to the Vienna Convention on the international sale of goods.

17. Governing law

For the enforcement of the present, the company elects domicile in its head office as stated in article 2 of the present.

Any litigation regarding the enforcement of the present general terms and conditions as well as their interpretation, execution and sales contracts finalized with our Company, or any payment of the price, will fall within the competence of the Tribunal de commerce de NANTES (44) from wherever the order, delivery or payment was made and whatever the method of payment, even if there should be an introduction of third parties or plurality of defendants.


Bills of exchange neither substitute nor depart from this clause of jurisdiction.


The power of jurisdiction falling to the Tribunal de commerce de NANTES (44) is general and applies, whether it is a leading question, a point of law, a main action or an injunction order.
Moreover, where legal proceedings or any other action to collect a debt are instituted by our Company, the summons and legal fees, fees for lawyers and bailiffs and all additional costs will be borne by the Purchaser who has not fulfilled its obligations, as well as those fees linked or resulting from the non-respect of the terms and condition of payment or delivery of the order in question by the Purchaser.