The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential Purchaser, namely any individual customer (hereinafter referred to as "the Purchaser") who is not a trader and to whom the conditions and procedures under which SASU PALMIFRANCE sells and delivers the ordered products do not apply for his or her professional activity, and on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the Seller to the Purchaser.
Traders and professionals shall identify themselves as such and will be provided with different terms and conditions. They may not benefit from the specific rights granted to consumers by law. 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.
By placing an order on the website www.nishikidori.com, the Purchaser confirms that:
- he or she has full legal capacity or that they have the authorisation of a person having parental authority, guardianship or trusteeship,
- the purchase of products on the website www.nishikidori.com is not directly related to his or her professional activity and is strictly limited to personal use,
- he or she has full legal capacity, permitting him or her to agree to these general conditions of sale,
- he or she resides at the address given at the time of the order or in his or her customer account
- the e-mail address he or she has given is his or her own and that he or she regularly checks his e-mail inbox,
- the delivery address he or she gave at the time of his or her order is valid and that he or she will be able to receive the deliveries sent to him or her.
The products are 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 collectivities), 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 these territories, except with the prior agreement of SASU PALMIFRANCE. 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 the company 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.
Any order of a product on the site implies the consultation and acceptance of these General Terms and Conditions of Sale. This acceptance is marked at each order by clicking on the box provided for this purpose.
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 (GTC) 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
Name: SASU PALMIFRANCE Simplified joint stock company with a capital of €2,115,000 (euros) Address: Z.A.C Aéropôle, 140, Rue Georges Guynemer, 44150 ANCENIS. SIRET: 524 273 414 00010 RCS NANTES
2. Site access 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 Choice of products
After having taken note of the characteristics of the products marketed on the site www.nishikidori.com, the Purchaser shall make his or her choice concerning the product or products in his or her order under his or her sole responsibility and according to his or her needs that he or she has previously defined. 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. The quantities of alcohol that can be sold are limited. 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.
3.2. Product characteristics
In accordance with article L. 111-1 of the French Consumer Code, 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.
The offers presented by the Seller are valid within the limits of available stocks as indicated on the website www.nishikidori.com, except in cases of force majeure. He or she is required to deliver the ordered products.
The photographs and illustrations of the products provided for sale may differ from the product. It should be remembered that the Purchaser benefits from the right of withdrawal provided for by Article L.221-18 of the French Consumer Code if the product he or she has ordered does not meet his or her expectations.
The range of products on the site may change over time.
The products are packaged and meat products are vacuum-packed.
The selling prices of products online on the website www.nishikidori.com are those in effect at the time the Purchaser creates the order form.
They are indicated in € (euros).
They are understood to include all taxes, including the applicable Value Added Tax (VAT) on the day of the order and any price reductions or discounts granted during the promotional period.
In the event of a change in the applicable VAT rate, this will automatically be shown in the price of the products sold by SASU PALMIFRANCE on its website www.nishikidori.com
The selling prices do not include shipping costs, invoiced in addition to the price of the products purchased depending on the order amount. The shipping conditions and shipping costs are specified in the section Shipping and Returns.
For any sale outside the European Union, the prices will be understood as DAP recipient (or "Delivered at Place"). From then on, SASU PALMIFRANCE takes charge of the transport of the goods to the agreed delivery point, but all customs clearance costs remain the responsibility of the recipient purchaser.
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.
Any order made implies the unrestricted and unreserved acceptance of these general terms and conditions of sale. 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 may only be challenged in the limited cases listed in Article 8 "Right of withdrawal" of these general terms and conditions of sale.
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 by means of a paper printout or by saving the order summary file. In accordance with the provisions of Article L. 121-11 of the French Consumer Code, the Seller may only refuse an order if he or she can justify it with a legitimate reason, such as the recall of a product by the Manufacturer, the abnormal nature of the request (in particular as regards quantities or the fact that the Purchaser is actually a professional), the bad faith of the Purchaser or the probable risk of unpaid invoices supported by objective evidence. Such a situation may occur in the event of a dispute with the Purchaser for the payment of a previous order.
4. Duty of the Purchaser
The 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 or have the authorisation of a person holding parental authority, guardianship or trusteeship.
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, about the legislative and regulatory standards applicable to the Products ordered in his or her country of residence 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, especially if they are minors under the law of that country or the province in which they reside.
After having chosen his or her Products, it shall be the responsibility of the Purchaser to check the details of his or her order, its price, if necessary depending on the chosen payment method to 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.
Payment must be made by the Purchaser at the time of ordering.
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 completion, in the event of the non-payment of any sum due by the Purchaser or in the event of a payment problem.
SASU PALMIFRANCE reserves the right to request a proof of residence, a photocopy of the Purchaser's identity card and/or bank card (front only) for any payment to ensure the recovery of its receivables.
In the context of the fight against Internet fraud, information relating to the Purchaser's order may be transmitted to the competent authorities for verification.
6. Delivery and reception
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 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.
The section Shipping and Returns specifies the different options in the event of absence. In the event of delivery to an address other than the Purchaser's home, with the exception of deliveries at a collection or pick-up point, it is the Purchaser's responsibility to ensure that he or she will be present or that a person to whom he or she gives authorisation shall 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.
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.
6.2. 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 (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.
6.3 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.
6.4 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.
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 find out in advance the standards applicable to the products ordered and their import conditions in terms of delivery.
In the event that sums are required to be refunded by the Seller, they shall be refunded no later than fourteen (14) days following the date on which the sale is terminated. In any event, any error or modification made by the Purchaser on a delivery order in progress shall extend the delivery date.
6.5 Product returns
SASU PALMIFRANCE accepts the return of any item purchased on the site, if it is returned within FOURTEEN (14) days from the date of delivery, with the exception of products likely to deteriorate or expire quickly and products whose packaging or storage bag has been opened.
Click HERE to access the Return Form.
No returns shall be accepted once this deadline has passed.
SASU PALMIFRANCE has set up a link to facilitate your delivery and possible returns. Click HERE.
The shipping costs of the return package shall remain the responsibility of the Purchaser, including in the event of final refusal of the returned products.
If the Purchaser exercises his or her right of withdrawal provided for in Article L. 221-18 of the French Consumer Code (see Article 8 below), he or she shall be entitled to reimbursement of the initial delivery costs.
The Purchaser must then specify whether he or she wishes an exchange or refund of the products. If the product in exchange has a higher value than the product initially ordered, the Purchaser shall be asked to pay the difference by any means of payment made available to him or her. If the product delivered in exchange has a lower commercial value than the product initially ordered, the Seller shall refund the difference.
To return an item, the Purchaser must follow the following instructions:
1- use the original packaging to return the product
2- fill in and attach the Return Form
Returns without a Returns Form will not be accepted.
3- send the package to the following address: Société SASU PALMIFRANCE A l'attention du Service Retour Z.A.C Aéropôle, 140, Rue Georges Guynemer, BP 40261 44158 ANCENIS; France.
The products must be returned to SASU PALMIFRANCE in their original state (packaging, accessories, instructions, etc.), sealed, and accompanied by the signed Return Form.
SASU PALMIFRANCE does not accept parcels sent with postage due.
Any risk related to the return of the product is the responsibility of the Purchaser.
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.
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.
7. Product Guarantee
Food products sold and shipped have a shelf life of more than thirty (30) days from the date of shipment, unless otherwise indicated on the website www.nishikidori.com or specifically mentioned on the product sheet, as well as for fresh meat and fish.
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 conformity guarantee
- the hidden defects guarantee.
The conformity guarantee
Art. L.217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He or she shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been conferred to him or her by the contract or has been carried out under his or her responsibility.” Art. L.217-5 of the French Consumer Code: “The goods are in conformity with the contract: 1. If it is suitable for the use usually expected of a similar item and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the purchaser in the form of a sample or model; - if it presents the qualities that a purchaser can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in terms of advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the purchaser, brought to the attention of the seller and that the latter has agreed to. The goods are in conformity with the contract: 1. If it is suitable for the use usually expected of a similar item and, if applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter has presented to the purchaser in the form of a sample or example; - if it presents the qualities that a purchaser can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in terms of advertising or labelling; 2. Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the purchaser, brought to the attention of the seller and that the latter has agreed to.”
Art. L.217-7 of the French Consumer Code: “Lack of conformity which becomes apparent within 24 months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may contest this assumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”
Art. L. 217.12 of the French Consumer Code "The action resulting from the lack of conformity is limited to two years from the date of delivery of the goods.”
The foregoing provisions are not exclusive of the application of the legal guarantee against hidden defects of articles 1641 et seq. of the French Civil Code, in accordance with the provisions of article L. 217-4 of the French Consumer Code.
The hidden defects guarantee
Art. 1641 of the French Civil Code: “The seller is bound by the guarantee in respect of hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the purchaser would not have acquired it, or would have paid only a lower price, if he or she had known about them”.
Art. 1648 of the French Civil Code: "The claim resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the claim must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of apparent defects or lack of conformity".
The Purchaser may exercise these guarantees by sending a request to the following address firstname.lastname@example.org.
When the Purchaser acts under a legal guarantee of conformity, he or she:
- will have a period of two (2) years from the delivery of the goods to act
- may choose between repairing or replacing the goods subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code
- will not be required to provide proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
The conformity guarantee will apply independently of any commercial guarantee granted.
The Purchaser may also decide to implement the hidden defects guarantee for the item sold within the meaning of Article 1641 of the French Civil Code and, in particular, if it is unfit for consumption. In this case, he or she may choose between terminating the sale or reducing the sale price in accordance with Article 1644 of the French Civil Code.
Given the nature of the products marketed by SASU PALMIFRANCE, those with an apparent defect are replaced, subject to verification of the alleged defects. The Purchaser must provide any justification as to the reality of the defects found and the date on which they were found, SASU PALMIFRANCE reserving the right to carry out, directly or indirectly, any observation and verification on the spot.
In the absence of compliance with these conditions, the Seller's liability for apparent defects cannot be called into question
Exclusion from warranty
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 of conformity or the hidden defects guarantee. Nor does the legal guarantee cover damage resulting from transportation when it is not organised by the Seller.
8. Right of withdrawal
Pursuant to Article L.221-18 of the French Consumer Code, the Purchaser has a period of fourteen (14) days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-premises solicitation, without having to justify his or her decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The time limit referred to in the first paragraph shall run from the day after the day:
- either of the conclusion of the contract, for contracts for the provision of services and those referred to in Article L. 221-4,
- or the receipt of the goods by the consumer or a third party, other than the carrier, designated by him or her, for contracts for the sale of goods.
For contracts concluded off-premises, the consumer may exercise his or her right of withdrawal as from the conclusion of the contract.
In the case of an order for several items of goods delivered separately or in the case of an order for goods consisting of multiple batches or parts delivered over a defined period, the time limit shall run from the receipt of the last item or batch or part.
When the FOURTEEN (14) day period expires on a Sunday, or on a public holiday or non-working day, it is extended until the next working day.
The right of withdrawal may be exercised by the Purchaser, only if he or she is a Consumer, without having to justify any reasons or pay any penalties, with the exception of return costs, which are not refunded.
The Withdrawal form can be downloaded by clicking HERE.
The products must be returned to SASU PALMIFRANCE in perfect condition to be resold, in their original state (packaging, accessories, instructions, etc.), sealed, and accompanied by the signed returns form in accordance with the procedure described in the above article. In accordance with the provisions of Article L.221-23 of the French Consumer Code, the Purchaser is liable for any depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning.
The right of withdrawal does not apply to sales of products referred to in Article L221-28 of the French Consumer Code, in particular contracts:
"4. For the supply of goods likely to deteriorate or expire rapidly
- 5. For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons
- 7. For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader"
For the application of the present contract, products whose minimum durability date expires before the expiry of a period of thirty (30) days incompatible with the exercise of the right of return and a resale for the Seller are considered to deteriorate or expire quickly. In the event of exercising a right of withdrawal by the Purchaser, the Seller shall reimburse the Purchaser for all sums paid, including delivery costs, as provided for in Article L. 221-24 of the French Consumer Code, and as soon as it has recovered the returned products or the Purchaser has provided proof that they have been sent.
9. Retention of title clause
THE SASU PALMIFRANCE COMPANY SHALL RETAIN 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.
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 a prediction of the restoration of the service.
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.
11. Protection of personal data
11.1 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.
When the user connects to the site, he or she registers his or her surname, first name, login, usage and location data.
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.
11.2 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 payment services conditions of use
- 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 based on the user's preferences.
11.3 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.
11.4 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.
11.5 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 settings of that account
- they can delete their account, by writing to the following email address: email@example.com
- they can exercise their right of access, 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. 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: firstname.lastname@example.org.
Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address email@example.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 e-mail at the following address: firstname.lastname@example.org 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.
To the extent that the Seller must collect the Purchaser's telephone number so as to communicate with him or her in the performance of its services, the Purchaser is informed of his or her right to be included on the list opposing telephone solicitation through the website http://www.bloctel.gouv.fr.
12. General provisions
12.1 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.
12.2. 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.
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.
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, or by registered letter with acknowledgement of receipt.
12.5 Applicable law and jurisdiction
Any dispute to which the order may give rise, concerning, for example, the execution, interpretation, validity or cancellation of the said order, shall be governed in substance by French law (for the rules of form and substance), excluding the provisions of the Vienna Convention of 11 April 1980 on the International Sale of Goods. Any dispute is within the jurisdiction of the French courts.
The Purchaser being a consumer, he or she can refer the matter to the consumer mediator before any dispute, whose details are as follows: Médiateur du Commerce et de la Distribution Monsieur Christian DELESALLE FCD 12 rue Euler 75008, Paris email: email@example.com