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Background

The purpose of these general terms and conditions of sale is to govern the sale and delivery of products ordered from SASU PALMIFRANCE by a professional purchaser via the website www.nishikidori.com and to define the rights and obligations of the parties in connection with the sale of products by the Seller to the Purchaser.
These general conditions of sale exclusively concern the sale to professionals of all products appearing on the website www.nishikidori.com of SASU PALMIFRANCE.

To benefit from the conditions of sale reserved for them, professionals will have to give proof of their identity as such and provide their SIRET and intra-Community VAT number. They may also be asked to provide an up-to-date Kbis extract or a certificate of registration as a trader. 
For the purchase of alcohol, professionals must provide a valid Excise Number for the category or categories of alcohol purchased. SASU PALMIFRANCE reserves the right to cancel an order whose Excise number is not valid after verification.

The products are offered for sale in the following geographical areas: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, metropolitan and non-metropolitan France (such as Corsica or French overseas departments), Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Norway, Portugal, Poland, Russia, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

No delivery or after-sales service shall be made outside of these territories. It is the responsibility of each Purchaser to take note, prior to the confirmation of his or her order on the website www.nishikidori.com of SASU PALMIFRANCE of all the legislative and regulatory standards applicable to the products in his or her order, in particular, but without this being exclusive, in terms of customs, health and safety matters, and to check the possibility of importing, consuming or using the products in accordance with these rules.

The Purchaser, prior to his or her order, declares that:

- the purchase of products on the www.nishikidori.com website is directly related to his or her professional activity,

- have full legal capacity, allowing him or her to commit himself or herself or the legal person he or she represents under these general terms and conditions of sale.

These conditions prevail over all other conditions, in particular the general conditions of purchase, which shall then be deemed unwritten, unless formally and expressly waived by SASU PALMIFRANCE.

The general terms and conditions of sale may be subject to change, the applicable conditions are those in force and published on the Seller's website www.nishikidori.com on the date of the order. It is the Purchaser’s responsibility to publish and save these conditions.

1. Details of company SASU PALMIFRANCE 
SASU PALMIFRANCE Simplified Joint Stock Company with a capital of € 2,115,000 (euros) Z.A.C de l'Aéropôle 140 Rue Georges Guynemer 44150 ANCENIS FRANCE SIRET: 524 273 414 RCS NANTES

2. Access to the Site

The Purchaser is personally responsible for setting up the computer and telecommunications resources required to access the SASU PALMIFRANCE Nishikidôri site.

The Purchaser shall bear the cost of telecommunications when accessing the Internet and using the www.nishikidori.com website.

3. Contract creation and orders

3.1. Product choice
The Purchaser may, prior to ordering, consult the essential characteristics of the product or products he or she wishes to order on the website www.nishikidori.com.
After having taken note of the characteristics of the products marketed on the website www.nishikidori.com, the Purchaser shall, under his or her sole responsibility and according to his or her previously defined needs make his or her choice of the product or products he or she orders. In addition, the Purchaser, being the only person to know which products he or she owns and uses, is the sole judge of the compatibility of the ordered products. Before placing an order, each Purchaser has the opportunity to ask any questions about it and to request any additional information through the website.
It is the Purchaser's responsibility, if he or she does not consider themselves to be sufficiently competent, to seek advice or to contact the SASU PALMIFRANCE team directly using the contact details on the website.
It is the responsibility of each Purchaser to take note, before confirming his or her order on the website www.nishikidori.com, of all the legislative and regulatory standards applicable to the products in his or her order in the country of delivery, in particular but not exclusively, in terms of customs, hygiene and safety matters, and to check the possibility of importing, consuming or using the products in accordance with these rules.

If relevant, SASU PALMIFRANCE draws attention to the fact that alcohol abuse is dangerous to the health, and that it should be consumed in moderation. Alcohol should not be consumed by pregnant women. As the sale of alcohol is prohibited to minors, the Purchaser certifies that he or she is of legal age and has the legal capacity to purchase on the website www.nishikidori.com under the legislation of his or her country of residence. Alcohol sold is subject to excise duty, in accordance with the legislation in force, in addition to the price. Knives and sharp objects, as well as barbecues sold on the www.nishikidori.com website can be particularly dangerous and must be used with caution. They should not be left within the reach of children or people who are not able to use them or appreciate their danger.

The offers presented by SASU PALMIFRANCE are valid within the limits of available stocks and subject to availability from its suppliers.

SASU PALMIFRANCE reserves the right to modify its product range according to the limitations of its suppliers.

3.2 Prices
The selling prices of products online on the website www.nishikidori.com of SASU PALMIFRANCE are those in effect at the time the Purchaser creates the order form.
They are indicated in € euros.
They are inclusive of all taxes for packaged products.

In the event of a change in the applicable VAT rate, this will automatically be reflected in the price of the products sold by SASU PALMIFRANCE on its website.
The selling prices are invoiced free of charge, the shipping costs being invoiced in addition to the price of the products purchased. The shipping conditions and shipping costs are specified in the Shipping and Returns section.
The selling prices of the products may be modified by SASU PALMIFRANCE at any time. This modification shall be notified to the Purchaser before any confirmation of his or her order.

3.3 Determination of the price of food products
Insofar as all the indicators necessary for determining the price of agricultural products or food products for products marketed on the website www.nishikidori.com do not exist or cannot be precisely calculated given the large range of agricultural products contained in the food products sold by the company, as well as their origin (imports from JAPAN), no mention is made of the detailed calculation of the indicators determined in Article L. 443-4 of the French Commercial Code.
However, SASU PALMIFRANCE declares that the price of the products it markets is not determined on the basis of these indicators but on the basis of its own purchase prices, which are the result of bilateral negotiations, as well as the availability of supplies.

3.4. Order
Any order implies unrestricted or unreserved adherence to these general terms and conditions of sale, which prevail over any other document of the Purchaser, and in particular over any general terms and conditions of purchase, unless otherwise expressly agreed in advance by SASU PALMIFRANCE.
Any document other than these general conditions of sale and in particular catalogues, prospectuses, advertisements, notices, only have an indicative, non-contractual value.
From the moment the Purchaser has confirmed his or her order by clicking on the "Order with payment obligation" icon, he or she acknowledges that he or she has fully accepted, without reservation, these general conditions of sale as well as the prices, volumes, colours, weights and quantities of the products he or she has ordered.

Steps in the ordering process:
1- products added to basket

2- connection to an account (using an existing account or creating a new account)

Or

1- connection to an account (using an existing account or creating a new account)

2- products added to the basket

3- selection of delivery address

4- selection of payment method

5- confirmation of the order after ticking "I have read and accepted the general conditions of sale"


Clicking on the icon confirming the order together with the identification procedure and protection of all messages constitutes an electronic signature. This electronic signature has the value of a handwritten signature between the parties and binds the Purchaser as having indicated his or her acceptance of the order and these General Terms and Conditions of Sale.
Once the order confirmation has been issued, it cannot be modified.
An order summary shall be available and can be printed or saved.
Any fraudulent order or order presumed to be fraudulent shall be considered null and void by SASU PALMIFRANCE.
SASU PALMIFRANCE recommends that the Purchaser keep the information relating to his or her orders as a paper printout or by saving the summary file of the latter. Where necessary, SASU PALMIFRANCE points out that no withdrawal period is applicable to orders placed by professionals, the withdrawal period being a specific feature of consumer law in the event of sale to a consumer.

 

5. Duty of the Purchaser

A Purchaser who wishes to purchase through SASU PALMIFRANCE must be of legal age in his or her country or province, or state where he or she resides and have full legal capacity.
The Purchaser undertakes to comply with all laws and regulations relating to the acquisition of goods of any kind in France and in his or her country of residence.
It is also the responsibility of each Purchaser to inform him or herself, before confirming his or her order on the website www.nishikidori.com, of the legislative and regulatory standards applicable to the Products ordered in his or her country of residence if he or she does not reside in France as specified in article 3.1 above.
The Purchaser’s attention is drawn in particular to alcohols and knives whose importation and purchase may be subject to special regulations in their country of residence.

After having chosen his or her Products, it is the responsibility of the Purchaser to check the details of his or her order and its price. If necessary, depending on the chosen payment method he or she should provide information for the payment of the Product, and to correct any errors before confirming the order to give his or her acceptance.
This confirmation shall count as an offer to purchase.

6. Payment

Payment must be made by the Purchaser at the time of his or her order unless prior agreement is obtained from SASU PALMIFRANCE for a deferred payment which may not exceed 30 days from the date of receipt of the goods, in accordance with the provisions of Article L.441-6 of the French Commercial Code.

All orders are payable in € euros.
To pay for the order, the Purchaser has the option of following payment methods: credit card (debit card, Visa, American Express and Master Card), Paypal and Apple Pay.

The Purchaser guarantees SASU PALMIFRANCE that he or she has the necessary authorisation to use the payment method he or she has chosen when confirming the order form.
SASU PALMIFRANCE reserves the right to suspend or cancel any order and/or delivery whatever its nature and level of execution in the event of non-payment of any amount due by the Purchaser, in the event of a payment incident or if SASU PALMIFRANCE has serious or particular reasons to fear payment difficulties on the part of the Purchaser on or after the date of the order, or if the Purchaser does not provide the same guarantees as on the date of acceptance of the order.
The Purchaser may not at any time claim any compensation.

Penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus TEN (10) points, shall automatically apply to amounts outstanding at the end of a period of TEN (10) days following the invoice date.
In this case, the applicable rate during the first half of the year is that in force on 1 January of the year in question. The applicable rate during the second half of the year is that in force on 1 July of the year in question.
In accordance with Articles L.441-9 and D441-5 of the French Commercial Code, the Purchaser in default of payment is automatically liable to SASU PALMIFRANCE for a fixed compensation of € 40 for recovery costs.
The delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
In the light of the fight against Internet fraud, information relating to the Purchaser's order may be transmitted to the competent authorities for verification.

7. Delivery and reception

7.1. Delivery
The ordered products shall be delivered to a shipper or carrier responsible for delivering them to the Purchaser, or exceptionally, directly to the Purchaser in agreement with the Seller.  The Seller can make deliveries in France and in the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, metropolitan France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Norway, Portugal, Poland, Russia, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

The products shall be delivered to his or her home or to the address indicated by the Purchaser on the order form.
In the event of absence, a document placed in the mailbox of the Purchaser shall specify the period during which and at which address he or she can retrieve his or her parcel.
Each delivery is deemed to have been made as soon as the Product is made available to the Purchaser. Failing this, an email shall be sent to him or her by the Seller.
In the event of delivery to an address other than the Purchaser's registered office, it is the Purchaser's responsibility to ensure that he or she will be present or that a person to whom he or she will give authorisation will be present. Handover is equivalent to acceptance of the Product. Any error by the person receiving the said Product cannot be attributed to SASU PALMIFRANCE.
The section Shipping and Returns specifies the different delivery options.

By default, invoices are attached to the package when it is shipped and can be sent to the email address specified by the Purchaser when he or she registered.

7.2. Receipt of products and verification

For perishable products, it is the Seller's responsibility to ensure that the shipping and transport conditions comply with the storage conditions of the products, when delivery is its responsibility.

The Purchaser is required to check, in the presence of the delivery person or postal service, the condition of the packaging of the goods and its contents upon delivery.

In the event that the Purchaser has any doubt whatsoever about the condition or contents of his or her package, he must:
- handwrite his or her problem (damage, missing product compared to the delivery note, damaged package, broken product) accompanied by his or her signature on the delivery note, or in the event of delivery by La Poste, start the Colissimo procedure (in particular report the damage due, any complaints and issues) and refuse the goods by immediately issuing a fault report (constat d'anomalie) to La Poste (statement 170), - report these incidents to SASU PALMIFRANCE within three working (3) days following the date of receipt of the products.

In the absence of any dispute, handover is equivalent to receipt of the product and it shall be deemed to be conforming and accepted, unless the Purchaser provides proof to the contrary.

7.3 Customs duties
Any order placed on the site and delivered outside the European Economic Community may be subject to taxes and customs duties which are imposed when the package reaches its destination.
These customs duties and any taxes, related to the delivery of a package, are the responsibility of the Purchaser, who shall also be responsible for any customs clearance operations. SASU PALMIFRANCE is not required to verify or inform the Purchaser of any applicable customs duties and taxes. To find out about the former, SASU PALMIFRANCE advises the Purchaser to contact his or her competent local authorities or a customs agent.
For deliveries made by La Poste outside the European Union countries, packages are accompanied by the customs form CN 23. This form is required for all customs clearances and checks.

7.4 Time limits
The Seller shall deliver the ordered products within the time limits expressly indicated on its website www.nishikidori.com, or failing this within a maximum of THIRTY (30) days from the day following the day the Purchaser confirmed his or her order, subject to payment, from the day following the day on which the Seller receives payment.
Unless there is a delay due to an unforeseeable and insurmountable event by a third party, or a case of force majeure, the Purchaser shall have the possibility, in the event of non-delivery at the end of the THIRTY (30) day period, to cancel his or her order or exchange the products ordered excluding food products, for other products offered on the SASU PALMIFRANCE company's www.nishikidori.com website according to the terms provided for in article 7.5 hereof.
In the event of a delay in delivery in relation to the above-mentioned deadline, the Purchaser must notify SASU PALMIFRANCE in writing (letter, fax, e-mail).
In the event of delivery outside metropolitan France, SASU PALMIFRANCE cannot be held liable for any delay, import difficulty or seizure of the products ordered by the customs authorities of the Purchaser's country of residence based on the absence of conformity of the said product with one of the specific standards of the country of delivery insofar as this is external to it and this takes into account the Purchaser's obligation to ensure in advance the standards applicable to the products ordered and their import conditions in terms of delivery.
In any event, any error or modification made by the Purchaser in a delivery order in progress shall extend the delivery date.

7.5. Replacement of products
Without prejudice to the measures to be taken by the Purchaser with regard to the carrier as described in the above article, in the event of apparent defects or missing parts, any claim, whatever its nature, relating to the products delivered, shall only be accepted by SASU PALMIFRANCE if it is made in writing, by registered letter with acknowledgement of receipt, within the THREE (3) day period provided for in article 7.2.

SASU PALMIFRANCE has set up a link to facilitate your delivery and possible returns. Click HERE.
It is the Purchaser's responsibility to provide all justifications as to the reality of the defects or missing parts found. No return of goods may be made without the prior and express agreement of SASU PALMIFRANCE, obtained in particular by e-mail.
Only the carrier chosen by SASU PALMIFRANCE is authorised to return the products concerned. When, after inspection, an apparent or missing defect is found by SASU PALMIFRANCE or its agent, the Purchaser may only request the replacement of the non-conforming product and/or the additional element to be provided to make up the missing parts at SASU PALMIFRANCE's expense, without being able to claim any compensation or the cancellation of the order, which can only be at the latter's initiative if the shipping costs are clearly disproportionate or if the product concerned can no longer be supplied within a reasonable period.
The unreserved receipt of the products ordered by the Purchaser covers any apparent and/or missing defects. Any reservation must be confirmed within the time limit specified in Article 7 hereof.
The complaint made by the Purchaser under the conditions and in the manner described in this article shall not suspend the payment by the Purchaser of the goods concerned.
In the absence of compliance with the procedure set out above and the deadlines indicated, the Purchaser may not make any claim for non-conformity or apparent defect of the delivered products, the products being then deemed to be in conformity and free of any apparent defect.
SASU PALMIFRANCE cannot under any circumstances be held liable for acts during transport, destruction, damage, loss or theft, even if it has chosen the carrier.
The lack of conformity of the ordered products with one or more specific standards, applicable in the Purchaser's country if residing outside France, shall in no way constitute grounds for returning the products or refunding the order.


8 Product Guarantee

8.1 Principle
Food products sold and shipped have a shelf life of more than thirty (30) days from the date of shipment.
The Products purchased may benefit, where it exists, from a guarantee by SASU PALMIFRANCE, which sells them. This means a repair or exchange can be made.
If present, this guarantee will be indicated on the product sheet when the product is sold on the website www.nishikidori.com.
The products marketed by the Seller benefit from the defective product guarantee specified by articles 1245 and following of the French Civil Code at the expense of the manufacturer or producer as well as, where applicable, a specific commercial or contractual guarantee granted by the Manufacturer. In such a case, it is expressly mentioned on the sheet of each product available on the website www.nishikidori.com.
In addition to these guarantees to which the manufacturer may be bound, there are also the legal guarantees necessary of the Seller, namely:
- the visible defects guarantee

- the hidden defects guarantee.

 

8.2 Visible defects guarantee
The company guarantees its products against visible defects, in accordance with the law, practices, case law and under the conditions defined herein.
In order to be able to claim the guarantee against apparent defects, the products must be checked by the Purchaser upon delivery, and any complaint, reservation or dispute relating to missing parts and visible defects must be made under the conditions set out below.
The declaration of defects existing at the time of delivery and revealed after receipt of the products, must be made by the Purchaser as soon as possible and at the latest within eight (8) days following the date on which he or she discovered the lack of conformity.
No declaration shall be taken into account if it is made more than EIGHT (8) full days from delivery. It must be made by registered letter with acknowledgement of receipt, unless SASU PALMIFRANCE acknowledges receipt in the event of it being sent by email.

No proceedings for non-compliance may be brought by the Purchaser more than EIGHT (8) full days after delivery of the products.

With the Purchaser's acceptance of these general terms and conditions of sale it is expressly agreed that after the expiry of this period, the Purchaser may no longer invoke the non-conformity of the products, nor raise this as a counterclaim to defend him or herself in proceedings for recovery of a claim brought by SASU PALMIFRANCE.
In any event, the Purchaser must provide any justification as to the reality of the defects found, SASU PALMIFRANCE reserving the right to proceed, directly or indirectly, with any observation and verification on the spot.
In the event of visible defects, the Products shall be replaced, subject to verification of the alleged defects.
If these conditions are not respected, SASU PALMIFRANCE cannot be held liable for any visible defect.


8.3 Hidden defects guarantee
The company guarantees its products against hidden defects, in accordance with the law, practices, case law and under the conditions defined herein.
This guarantee only covers hidden defects. As the Purchaser is a professional, a hidden defect is a defect in the manufacturing of the product that makes it unfit for its use and is not likely to be detected by the Purchaser before its use.
In order to be able to claim the guarantee against hidden defects, any complaint, reservation or dispute relating to missing parts and hidden defects must be made under the conditions set out below.
The Purchaser must report hidden defects as soon as possible and at the latest within SIX (6) months after receipt of the said products.
Non-food products are deemed to have been used by the Purchaser within the first TWO (2) months of their availability.
In any event, the Purchaser must provide proof of the date on which the products began to be used.
The SASU PALMIFRANCE guarantee shall automatically lapse if the Purchaser has not notified it of the alleged defect within TWENTY (20) full days of its discovery.
With the Purchaser's acceptance of these general terms and conditions of sale it is expressly agreed that after the expiry of this period, the Purchaser may no longer invoke the hidden defects of the products, nor raise this as a counterclaim to defend him or herself in proceedings for recovery of a claim brought by SASU PALMIFRANCE.
As part of the guarantee against hidden defects, SASU PALMIFRANCE shall only be liable for the replacement of defective products free of charge, without the Purchaser being entitled to claim damages, for any reason whatsoever.
In any event, the Purchaser must provide any justification as to the reality of the defects found, SASU PALMIFRANCE reserving the right to proceed, directly or indirectly, with any observation and verification on the spot.
If these conditions are not respected, SASU PALMIFRANCE cannot be held liable for any hidden defect.
In addition, defects and deterioration of the products delivered as a result of abnormal storage and/or conservation conditions at the Purchaser's premises, in particular in the event of an accident of any nature whatsoever, shall not entitle the Purchaser to the guarantee due from SASU PALMIFRANCE.
The guarantee covered by this article applies only to products that have become the Purchaser's property on a normal basis. It is not applicable when the Purchaser has used the products in unintended or abnormal ways.

8.4 Guarantee exclusions Products which are repaired, integrated or added by the Purchaser or any other unauthorised person are excluded from guarantee.
The guarantee will not cover Products damaged during transport when this is not organised by the Seller, or which have been misused.
Products that have been used improperly or repaired, integrated or adjusted by the Purchaser or any other person not authorised by the Seller or the manufacturer cannot benefit from the guarantee against hidden defects.
In addition, the Seller shall not be liable for indirect damages and its liability shall be limited to the amount of the order concerned, taking into account the disproportion that would result from a different solution in relation to the margin for the Seller on each order.

9. Retention of title clause

SASU PALMIFRANCE SHALL KEEP FULL AND COMPLETE OWNERSHIP OF THE PRODUCTS SOLD UNTIL THE PRICE, SHIPPING AND TAXES HAVE BEEN FULLY COLLECTED.

HOWEVER, THE PURCHASER SHALL BECOME RESPONSIBLE FOR THE PRODUCTS AS SOON AS THEY ARE PHYSICALLY DELIVERED, THE TRANSFER OF POSSESSION ENTAILING THE TRANSFER OF RISKS.

10. Force Majeure

Events beyond the control of the parties which they cannot avoid or overcome and the occurrence of which results in the postponement or virtual impossibility of the performance of contractual obligations shall be considered as cases of force majeure or fortuitous events.
Cases of force majeure or fortuitous circumstances relieving SASU PALMIFRANCE of its obligation to deliver within the time limits initially provided for, without this list being exhaustive are: strikes by all or part of the staff of SASU PALMIFRANCE or its usual carriers, fires, floods, wars, production stoppages due to accidental breakdowns, inability to be supplied by suppliers, epidemics, stoppages due to freezing, roadblocks, strikes or disruptions of EDF or GDF supplies, or disruptions of supply for a reason not attributable to SASU PALMIFRANCE, as well as any other cause of disruption of supply attributable to SASU PALMIFRANCE's suppliers.

In such circumstances, SASU PALMIFRANCE shall notify the Purchaser by fax or e-mail within twenty-four (24) hours of the occurrence of such events, the contract being suspended automatically and without compensation as from the occurrence of the event. The above-mentioned cases constitute cases of force majeure exempting SASU PALMIFRANCE from liability, without it being necessary to examine their occurrence conditions in the light of the conditions defined in the case law in order to invoke force majeure.
In this case, SASU PALMIFRANCE shall inform the Purchaser by e-mail or any other means of the predicted non-delivery and the prognosis for the restoration of the service.
At the end of a THIRTY (30) day period following the date of their occurrence, the contract may be terminated by either party, by registered letter with acknowledgement of receipt, without either party being entitled to claim damages or compensation of any kind. When residing outside France, the Purchaser is deemed to have read all the standards specific to the country in which he or she resides, applicable to his or her order, particularly in terms of customs, health and safety matters.
As a result, SASU PALMIFRANCE cannot be held liable in the event of an order by the Purchaser for products that do not comply with one or more of these standards.
Similarly, SASU PALMIFRANCE cannot be held liable under any circumstances in the event of late delivery, difficulty in importing or seizing of the product ordered at the borders of the Purchaser's country of residence, due to the non-conformity of the products with the rules specific to the country of delivery.

11. Responsibility

SASU PALMIFRANCE cannot be held responsible for the non-performance of the sales contract due to a case of force majeure, i.e. an unforeseeable and unstoppable event external to the parties.
This includes the disruption or total or partial strike, in particular of postal services and means of transport, which will have the effect of suspending the performance of its contractual obligations. In this case, SASU PALMIFRANCE shall inform the Purchaser by e-mail or any other means of the predicted non-delivery and the prognosis for the restoration of the service.
In addition, SASU PALMIFRANCE cannot be held liable for any indirect damage whatsoever arising from the purchase of its products. SASU PALMIFRANCE cannot be held responsible for any loss of data or files.
It is the Purchaser's responsibility to make all necessary backups.
In general, SASU PALMIFRANCE is only bound by an obligation of means for the performance of its services and contractual commitments. The www.nishikidori.com website may also contain information from third parties, and links to other websites.
SASU PALMIFRANCE may under no circumstances be held liable for any damage resulting from the use of, access to, or inability to use this third-party information, or the content of other websites. SASU PALMIFRANCE cannot be held liable under any circumstances in the event of late delivery, difficulty in importing or seizing of the product ordered at the borders of the Purchaser's country of residence, due to the non-conformity of the products with the rules specific to the country of delivery, the Purchaser having the obligation to find out about them.

12. Protection of personal data

12.1 Collection of personal data
Personal data that is collected on the site is as follows:
- Opening an account: When creating the user's account, his or her surname, first name, e-mail address and date of birth.
- Connection: When the user connects to the site, he or she records, in particular, his or her surname, first name, login, usage, location data and payment data.
- Profile: The use of the services provided on the site makes it possible to fill in a profile, which may include an address and a telephone number.
- Cookies: Cookies are used in connection with the use of the site. The user has the possibility to disable cookies from his or her browser settings. We refer you to the section cookies.


12.2 Use of personal data
The purpose of the personal data collected is to make services available on the site, improve them and maintain a secure environment. More precisely, the uses are as follows:
- Access and use of the site by the user

- Management of the operation and optimisation of the site

- Organisation of the conditions of use of payment services

- Verification, identification and authentication of data transmitted by the user

- Implementation of user assistance

- Personalisation of services by displaying advertisements according to the user's browsing history according to his or her preferences

- Fraud prevention and detection, Malware (malicious software) and security incident management

- Management of possible disputes with users

- Sending commercial or advertising information according to the user's preferences.

 

12.3 Sharing personal data with third parties
Personal data may be shared with third party companies in the following cases:
- When the user uses payment services, for the implementation of these services, the site is in contact with third party banking and financial companies with which it has concluded contracts

- When the user publishes publicly accessible information in the free comment areas of the site

- When the user authorises the site of a third party to access his or her data

- When the site uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data in the course of performing these services, and have a contractual obligation to use them in accordance with the provisions of applicable data protection regulations, of a personal nature

- If required by law, the site may transmit data to respond to claims against the site and comply with administrative and judicial procedures

- If the site is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.

 

12.4 Security and confidentiality
The site implements organisational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the site cannot guarantee the security of the transmission and storage of information on the Internet.

12.5 Enforcement of users' rights
In accordance with the regulations applicable to personal data, users of the www.nishikidori.com website have the following rights:

-They can update or delete their data by logging into their account and configuring the account settings; - They can delete their account by writing to the following email address confidentialite@nishikidori.com
- They can exercise their access rights, to find out the personal data concerning them, by contacting SASU PALMIFRANCE via the "GDPR" module accessible in their account on the website www.nishikidori.com or by writing to the following e-mail address confidentialite@nishikidori.com.
In this case, before the implementation of this right, the site may request proof of the user's identity in order to verify its accuracy

- If the personal data held by the Site is inaccurate, they may request the updating of the information, by writing to the following e-mail address: confidentialite@nishikidori.com.

Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address confidentialite@nishikidori.com .
In any case, the information collected by the Seller during any order by the Purchaser is necessary for the management of his or her order by the Seller and its commercial partners. In accordance with the law "Informatique et Libertés" no. 78-17 of 6 January 1978, and the European Union Regulation no. 2016/679 of 27 April 2016 (known as the GDPR), the Purchaser has a right of access, rectification, opposition and deletion to personal data concerning him or her with the Seller.
The Seller undertakes not to communicate personal data to other organisations or companies without first informing the Purchaser. The Purchaser's data will be kept confidentially for a period of three (3) years from the date of collection.
The Purchaser may receive commercial offers, or be informed of the Seller's offers. If the Purchaser no longer wishes to receive these offers or to unsubscribe from the Newsletter, he or she can inform SASU PALMIFRANCE by letter or e-mail at the following address: confidentialite@nishikidori.com or by clicking on the "unsubscribe" link at the bottom of each newsletter.
By placing an order with the Seller, the Purchaser acknowledges and accepts that the data collected will be subject to processing necessary for the performance of the service and their invoicing. Therefore, he or she consents to any personal data transmitted and collected being processed by the Seller or, where applicable, by its subcontractors, service providers or any persons who may act on its behalf.

 

13 General provisions

13.1 Proof of transaction
The online provision of the Purchaser's credit card number and the final confirmation of the order shall be considered proof of the Purchaser's agreement:
- Payment of the sums due on the purchase order

- Signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the Purchaser is invited, as soon as this use is noted, to report it to the Seller.
The computerised records, kept in the Seller's computer systems under reasonable security conditions, shall 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 medium that can be produced as proof.

 

13.2. Partial invalidity
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

13.3 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 terms and conditions of sale cannot be interpreted in the future as a waiver of the obligation in question.

13.4 Notification
Any cancellation of orders, or complaints relating to the products must be made by either party either

- by email, as soon as the Seller has acknowledged receipt,

- by email confirmed by post,

- by registered letter with acknowledgement of receipt.

 

13.5. Applicable law
Any question relating to these general terms and conditions of sale as well as to the sales governed by them, which are not covered by these contractual provisions, shall be governed by French law to the exclusion of any other right, and in addition by the Vienna Convention on the International Sale of Goods.

13.6. Competent jurisdiction
For the purposes of this agreement, the company shall elect domicile at its registered office, as mentioned in Article 2 hereof. Any dispute concerning the application of these general terms and conditions of sale and their interpretation, execution and contracts of sale concluded by our Company, or any payment of the price, shall fall within the jurisdiction of the Tribunal de commerce de NANTES (44) (Nantes Commercial Court) regardless of the place of the order, delivery, payment and regardless of the method of payment, and even in the event of a guarantee claim or multiple defendants. Bills of exchange do not constitute a novation or derogation from this jurisdiction clause.
The jurisdiction conferred on the Tribunal de commerce de NANTES (44) is general and applies whether it is a main claim, an incidental claim, an action on the merits or an interim measure.
In addition, in the event of legal action or any other action for the recovery of claims by our Company, the costs of summons and court proceedings, lawyers' fees, bailiff's fees and all ancillary costs shall be borne by the Purchaser who has not fulfilled his or her obligation, as well as costs related to or resulting from the Purchaser's non-compliance with the payment or delivery conditions of the order in question.

Consult the General Terms and Conditions of Sale for Private Individuals