Preamble

These general terms and conditions of sale are intended to govern the sale and delivery of products ordered from the company SASU PALMIFRANCE by a professional buyer through the website www.nishikidori.com, as well as to define the rights and obligations of the parties in the context of the sale of products by the Seller to the Buyer.
These general terms and conditions of sale relate exclusively to the sale to professionals of all products listed on the website www.nishikidori.com of the company SASU PALMIFRANCE.

To benefit from the terms and conditions of sale reserved for them, professionals must, where applicable, provide proof of their status and submit their SIRET number 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 mandatorily provide a valid Excise number for the category or categories of alcohol purchased. This number must be entered in the "My Information" section of the Professional customer account. The company SASU PALMIFRANCE reserves the right, following verification, to cancel any order for which the Excise number is not valid.

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

No delivery or after-sales service will be carried out outside these territories. It is the responsibility of each Buyer to acquaint themselves, prior to validating their order on the website www.nishikidori.com of the company SASU PALMIFRANCE, with all legislative and regulatory standards applicable to the products that are the subject of their order, including but not exclusively in matters of customs, hygiene and safety, and to verify the possibility of importing, consuming or using the products in light of these rules.

The Buyer, prior to placing their order, declares that:

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

- to have full legal capacity, enabling them to commit themselves or to commit the legal entity they represent under these general terms and conditions of sale.

These conditions prevail over all other conditions, including in particular general purchasing conditions, which shall be deemed unwritten, unless the company SASU PALMIFRANCE expressly and formally agrees otherwise.

As the general terms and conditions of sale may be subject to modifications, the applicable conditions are those in force and published on the Seller's website www.nishikidori.com at the date of the order. The Buyer is responsible for printing and saving these conditions.

1. Identity of the company SASU PALMIFRANCE
SASU PALMIFRANCE Société par Actions Simplifiée with a share 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
HM Revenue & Customs VAT Registration Number 373 8993 36

2. Access to the Site

The Buyer is solely responsible for setting up the computer and telecommunications resources required to access the website www.nishikidori.com of the company SASU PALMIFRANCE.

The Buyer bears the telecommunications costs incurred when accessing the internet and using the website www.nishikidori.com.

3. Formation of the contract and orders

3.1. Choice of products
The Buyer may, prior to placing their order, view on the website www.nishikidori.com the essential characteristics of the product or products they wish to order.
After having reviewed the characteristics of the products sold on the website www.nishikidori.com, the Buyer has, under their sole responsibility and based on their needs as previously defined, made their choice of the product or products that are the subject of their order. Furthermore, as the Buyer alone knows the products they own and use, they are the sole judge of the compatibility of the ordered products with those.
Each Buyer has the option, before placing an order, to ask any questions about the product and to request any additional information through the website's features.
It is the Buyer's responsibility, if they do not consider themselves sufficiently knowledgeable, to seek the assistance of an adviser or to contact the team at the company SASU PALMIFRANCE directly using the contact details provided on the site.
It is the responsibility of each Buyer to acquaint themselves, prior to validating their order on the website www.nishikidori.com, with all legislative and regulatory standards applicable to the products that are the subject of their order in the country of delivery, including but not exclusively in matters of customs, hygiene and safety, and to verify the possibility of importing, consuming or using the products in light of these rules.

Where relevant, the company SASU PALMIFRANCE draws attention to the fact that the misuse of alcohol is dangerous to health and that it should be consumed in moderation. Alcohol must not be consumed by pregnant women. As the sale of alcohol is prohibited to minors, the Buyer certifies that they are of the legal age required and have the legal capacity to purchase on this website www.nishikidori.com in accordance with the legislation of their country of residence. The alcohol sold is subject to an excise duty, in accordance with the legislation in force, which is added to the price. The knives and sharp objects, as well as the barbecues sold on the website www.nishikidori.com may be particularly dangerous and must be used with care. They must not be left within the reach of children or persons unable to use them or to appreciate their danger.

The offers presented by the company SASU PALMIFRANCE are valid subject to available stock and to availability from its suppliers.

The company SASU PALMIFRANCE reserves the right to modify its product range in accordance with the constraints linked to its suppliers.

3.2 Prices
The selling prices of products available online on the website www.nishikidori.com of the company SASU PALMIFRANCE are those in force at the time the purchase order is registered by the Buyer.
They are indicated in € euros.
They are understood to be inclusive of all taxes (VAT included) for packaged products.

In the event of a change in the applicable VAT rate, this will be automatically reflected in the prices of products sold by the company SASU PALMIFRANCE on its website.
The selling prices are invoiced carriage paid, with shipping costs charged in addition to the price of the products purchased. The shipping conditions and costs are specified in the Delivery and Returns section.
The selling prices of products may be modified by the company SASU PALMIFRANCE at any time. This modification will be notified to the Buyer before any registration of their 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 present in the products sold on the website www.nishikidori.com do not exist or cannot be determined precisely, given the multiplicity of agricultural products contained in the food products sold by the company, as well as their origin (importation from JAPAN), no detail is provided regarding the application of the indicators determined in article L.443-4 of the French Commercial Code.
However, the company SASU PALMIFRANCE declares that the price of the products it sells is not determined on the basis of these indicators but on the basis of its own purchase prices, which are the result of bilateral negotiation, as well as supply availability.

3.4. Order
Any order implies unrestricted and unconditional acceptance of these general terms and conditions of sale, which prevail over any other document of the Buyer, and in particular over all general purchasing conditions, unless the company SASU PALMIFRANCE has expressly and formally agreed otherwise in advance.
Any document other than these general terms and conditions of sale, including in particular catalogues, brochures, advertisements and notices, has only indicative, non-contractual value.
From the moment the Buyer has registered their order by clicking on the icon " Order with obligation to pay ", they acknowledge having fully accepted, without reservation, these general terms and conditions of sale as well as the prices, volumes, colours, weights and quantities of the products they have ordered.

Steps in the ordering process:
1- adding products to the basket
2- logging in to an account (using an existing account or creating a new account)
Or
1- logging in to an account (using an existing account or creating a new account)
2- adding products to the basket
3- choosing the delivery method and delivery address
4- choosing the payment method
5- confirming the order after ticking "I have read and accepted the general terms and conditions of sale"

Clicking on the icon validating the order, combined with the identification procedure and the protection of the integrity of all messages, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature and commits the Buyer as marking their acceptance of the order and these general terms and conditions of sale.
Once the order confirmation has been issued, it cannot be called into question.
A summary of the order will be accessible and may be printed or saved.
Any fraudulent or presumed fraudulent order shall be considered null and void by the company SASU PALMIFRANCE.
The company SASU PALMIFRANCE recommends that the Buyer retain the information relating to their orders by printing a paper copy or by saving the summary file thereof.
Where relevant, the company SASU PALMIFRANCE reminds that no right of withdrawal applies to orders placed by professionals, the right of withdrawal being a feature specific to consumer law in the case of a sale to a consumer.

5. Obligations of the Buyer

A Buyer wishing to purchase from the company SASU PALMIFRANCE must be of legal age in their country, province or state of residence and must have full legal capacity.
The Buyer undertakes to comply with all laws and regulations relating to the acquisition of goods of any nature in France and in their country of residence.
It is also the responsibility of each Buyer to inform themselves, prior to validating their order on the website www.nishikidori.com, of the legislative and regulatory standards applicable to the Products that are the subject of their order in their country of residence if they do not reside in France, as specified in article 3.1 above.
Buyers are specifically advised that the importation and purchase of alcohol and knives may be subject to specific regulations in their country of residence.

After having chosen their Products, it is the Buyer's responsibility to check the details of their order and its price, to enter, where necessary and depending on the chosen payment method, the information required for payment of the Product, and to correct any errors before confirming the order to express their acceptance.
This confirmation shall constitute an offer to purchase.

6. Payment

Payment must be made by the Buyer at the time of their order, unless prior agreement has been reached with the company SASU PALMIFRANCE for 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 their order, the Buyer may use the following payment methods: bank card (Carte Bleue, Visa, American Express and Mastercard), PayPal, or Apple Pay.

The Buyer guarantees to the company SASU PALMIFRANCE that they hold any authorisations that may be necessary to use the chosen payment method, at the time of registering the purchase order.
The company SASU PALMIFRANCE reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum owed by the Buyer, in the event of a payment incident, or if the company SASU PALMIFRANCE has serious or particular grounds to fear payment difficulties on the part of the Buyer at the date of the order, or subsequently, or if the Buyer does not present the same guarantees as at the date of acceptance of the order.
The Buyer shall not be entitled at any point to claim any compensation whatsoever.

Penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus TEN (10) percentage points, shall apply automatically to amounts unpaid after a period of TEN (10) days following the invoicing date.
In such a 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 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, a Buyer in a situation of late payment shall automatically owe the company SASU PALMIFRANCE a flat-rate indemnity of €40 for recovery costs.
Delivery of any new order may be suspended in the event of late payment of a previous order, notwithstanding the provisions hereof.
As part of the fight against internet fraud, information relating to the Buyer's order may be transmitted to the competent authorities for verification.

7. Delivery and receipt

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

The products will be delivered to the Buyer's home or to the address indicated by the Buyer in France on the purchase order.
In the event of absence, a document left in the Buyer's letterbox will specify within what timeframe and at what address they can collect their parcel.
Each delivery is deemed completed upon making the Product available to the Buyer. Failing that, an email will be sent to them by the Seller.
In the event of delivery to an address other than the Buyer's registered office, it will be the Buyer's responsibility to ensure that they are present, or that a person to whom they have given authority is present. Handover constitutes acceptance of the Product. Any error regarding the person receiving said Product cannot be attributed to the company SASU PALMIFRANCE.
The Delivery and Returns section sets out the various delivery arrangements.

Your invoice: In accordance with the upcoming 2024 regulations on the dematerialisation of invoices and in order to protect our environment, the invoice for your purchases is now sent to you by email to the address you provided at the time of your order, in PDF format, downloadable for 2 months from its date of issue.

We use the TEDD platform for this mailing, with the sending address noreply@tedd.email. To prevent this address from being identified as "spam" or "junk mail", please add it as an authorised sender in your email client.

7.2. Receipt of products and inspections

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

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

In the event that the Buyer has any doubt whatsoever of any nature regarding the condition or contents of their parcel, they must:
- note their handwritten reservations (damage, product missing in comparison with the delivery note, damaged parcel, broken product) accompanied by their signature on the delivery note, or in the case of delivery by Post, apply the Colissimo procedure (including reporting damages, all claims and reservations) and refuse the goods by immediately issuing a report of anomaly to the postal employee (report 170),
- report these incidents to the company SASU PALMIFRANCE within three (3) working days of the date of receipt of the products.

In the absence of a dispute, delivery constitutes acceptance of the product and it shall be deemed compliant and accepted, unless the Buyer 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 possible taxes and customs duties that are levied when the parcel reaches its destination.
These customs duties and any such taxes, related to the delivery of a parcel, are payable by the Buyer, who will also be responsible for customs clearance operations. The company SASU PALMIFRANCE is not required to verify or inform the Buyer of applicable customs duties and taxes. To find out what these are, the company SASU PALMIFRANCE advises the Buyer to enquire with their competent local authorities or a customs broker.
For deliveries made by Post outside European Union countries, parcels are accompanied by customs form CN 23. This form is required for all customs clearance and customs inspection.

7.4 Timeframes
The Seller will deliver the ordered products within the timeframes expressly indicated on its website www.nishikidori.com, or failing that within a maximum period of THIRTY (30) days from the day following that on which the Buyer registered their order, subject to payment of the price, from the day following that on which the Seller received payment.
Except in the event of an unforeseeable and insurmountable delay on the part of a third party, or a case of force majeure, the Buyer will have the option, in the event of non-delivery upon expiry of the THIRTY (30) day period, to cancel their order or exchange the ordered products (excluding food products) for other products offered on the website www.nishikidori.com of the company SASU PALMIFRANCE, in accordance with the procedures set out in article 7.5 below.
In the event of a delivery delay compared to the timeframe mentioned above, the Buyer must notify the company SASU PALMIFRANCE in writing (letter, fax, email).
In the event of delivery outside metropolitan France, the liability of the company SASU PALMIFRANCE cannot be engaged for any delay, difficulty in importing or seizure of the ordered products by the customs authorities of the Buyer's country of residence based on the non-conformity of said product with one of the specific standards of the country of delivery, insofar as this is beyond its control and given the Buyer's obligation to verify in advance the standards applicable to the ordered products and their conditions of importation into the delivery country.
In any event, any error or modification made by the Buyer to a delivery order in the course of execution will extend the delivery date.

7.5. Replacement of products
Without prejudice to the steps to be taken by the Buyer vis-à-vis the carrier as described in the preceding article, in the event of apparent defects or shortages, any claim of whatever nature relating to the products delivered will only be accepted by the company SASU PALMIFRANCE if it is made in writing, by recorded delivery letter with acknowledgement of receipt, within the period of THREE (3) days provided for in article 7.2.

The company SASU PALMIFRANCE has set up a link to assist you with your delivery and any return procedures. Click HERE.
It is the Buyer's responsibility to provide all evidence as to the reality of the defects or shortages identified. No return of goods may be carried out without the prior and express consent of the company SASU PALMIFRANCE, obtained in particular by email.
Only the carrier chosen by the company SASU PALMIFRANCE is authorised to carry out the return of the products concerned. When, following inspection, an apparent defect or shortage is effectively confirmed by the company SASU PALMIFRANCE or its agent, the Buyer may only request the replacement of the non-conforming product and/or the supplement required to make up for the shortages at the expense of the company SASU PALMIFRANCE, without being entitled to claim any compensation or the cancellation of the order, which can only be initiated by the company SASU PALMIFRANCE if the shipping costs are manifestly disproportionate or if the product concerned can no longer be supplied within a reasonable time.
Unconditional acceptance of the ordered products by the Buyer covers all apparent defects and/or shortages. Any reservation must be confirmed within the timeframe indicated in article 7 hereof.
The claim made by the Buyer under the conditions and procedures described in this article does not suspend the Buyer's obligation to pay for the goods concerned.
Failure to comply with the procedure set out above and the timeframes indicated, the Buyer may not raise any claim for non-conformity or apparent defect of the delivered products, the products being then deemed compliant and free from any apparent defect.
The liability of the company SASU PALMIFRANCE cannot under any circumstances be called into question for events occurring during transit, destruction, damage, loss or theft, even if it selected the carrier.
The non-conformity of the ordered products with one or more specific standards applicable in the Buyer's country of residence outside France shall under no circumstances constitute grounds for returning the products or obtaining a refund for the order.

8 Product Warranty

8.1 Principle
Food products sold and dispatched have a best-before date of more than thirty (30 days) from their dispatch date.
The Products purchased may benefit, where it exists and is expressly mentioned, from the warranty of the company SASU PALMIFRANCE that sells them. This may allow for repair or exchange.
Where applicable, this warranty will be indicated on the product page at the time of sale on the website www.nishikidori.com.
The products sold by the Seller benefit from the warranty for defective products specified in articles 1245 et seq. of the French Civil Code, which falls to the manufacturer or producer, as well as, where applicable, a specific commercial or contractual warranty granted by the Manufacturer. In such a case, it is expressly mentioned on the page of each product viewable on the website www.nishikidori.com.
In addition to these warranties to which the manufacturer may be bound, the legal warranties incumbent on the Seller also apply, namely:
- The warranty against apparent defects,
- The warranty against latent defects.

8.2 Warranty against apparent defects
The company warrants its products against apparent defects, in accordance with the law, custom, case law and the conditions defined herein.
In order to be able to invoke the warranty against apparent defects, the products must be inspected by the Buyer upon delivery, and any claim, reservation or dispute relating to shortages and apparent defects must be made under the conditions set out below.
Any notification of defects existing at the time of delivery and revealed after receipt of the products must be submitted by the Buyer as promptly as possible and no later than eight (8) days following the date on which the non-conformity was discovered.
No notification will be taken into account if it is made more than EIGHT (8) clear days from delivery. It must be made by recorded delivery letter (LRAR), unless the company SASU PALMIFRANCE acknowledges receipt in the case of electronic submission.

No action for non-conformity may be brought by the Buyer more than EIGHT (8) clear days after delivery of the products.

It is expressly agreed by the Buyer's acceptance of these general terms and conditions of sale that, after the expiry of this period, the Buyer may no longer invoke the non-conformity of the products, nor raise it as a counterclaim in defence against a debt recovery action brought by the company SASU PALMIFRANCE.
In any event, the Buyer must provide all evidence as to the reality of the defects identified, the company SASU PALMIFRANCE reserving the right to proceed, directly or indirectly, to any on-site investigation and verification.
In the event of apparent defects, the Products are replaced, subject to verification of the alleged defects.
Failing compliance with these conditions, the liability of the company SASU PALMIFRANCE for apparent defects cannot be called into question.

8.3 Warranty against latent defects
The company warrants its products against latent defects, in accordance with the law, custom, case law and the conditions defined herein.
This warranty therefore covers only latent defects. As the Buyer has the status of a professional, a latent defect means a manufacturing defect in the product rendering it unfit for its intended use and not capable of being detected by the Buyer before use.
In order to be able to invoke the warranty against latent defects, any claim, reservation or dispute relating to shortages and latent defects must be made under the conditions set out below.
Any notification of latent defects must be submitted by the Buyer as promptly as possible and no later than within the first SIX (6) months after receipt of said products.
Non-food products are deemed to have been used by the Buyer within the first TWO (2) months of being made available.
In any event, the Buyer must provide evidence of the date on which use of said products began.
The warranty of the company SASU PALMIFRANCE automatically ceases to apply if the Buyer has not notified it of the alleged defect within TWENTY (20) clear days of its discovery.
It is expressly agreed by the Buyer's acceptance of these general terms and conditions of sale that, after the expiry of this period, the Buyer may no longer invoke a latent defect, nor raise a counterclaim in defence against a debt recovery action brought by the company SASU PALMIFRANCE.
Under the warranty against latent defects, the company SASU PALMIFRANCE shall only be required to replace defective products free of charge, without the Buyer being able to claim damages, for whatever reason.
In any event, the Buyer must provide all evidence as to the reality of the defects identified, the company SASU PALMIFRANCE reserving the right to proceed, directly or indirectly, to any on-site investigation and verification.
Failing compliance with these conditions, the liability of the company SASU PALMIFRANCE in respect of a latent defect cannot be called into question.
Furthermore, defects and deterioration of delivered products resulting from abnormal storage and/or preservation conditions at the Buyer's premises, including in the event of an accident of whatever nature, shall not give rise to the warranty owed by the company SASU PALMIFRANCE.
The warranty that is the subject of this article applies only to products that have duly become the property of the Buyer. It is excluded where the Buyer has used the products under conditions of use that are not provided for or are abnormal.

8.4 Exclusion of warranties
Products repaired, incorporated or added to by the Buyer or any other unauthorised person are excluded from the warranty.
The warranty does not cover Products damaged during transport where transport is not organised by the Seller, or Products that have been subject to misuse.
Products that have been used in a manner inconsistent with their intended purpose or repaired, incorporated or adjusted by the Buyer or any other person not authorised by the Seller or the manufacturer cannot benefit from the warranty against latent defects.
Furthermore, the Seller cannot be held liable for indirect damages and its liability is limited to the amount of the order concerned, given the disproportion that would result from a different solution in relation to the Seller's margin on each order.

9. Retention of Title Clause

THE COMPANY SASU PALMIFRANCE SHALL RETAIN FULL AND COMPLETE OWNERSHIP OF THE PRODUCTS SOLD UNTIL FULL PAYMENT OF THE PRICE, INCLUDING SHIPPING COSTS AND TAXES, HAS BEEN RECEIVED.

HOWEVER, THE BUYER WILL BECOME LIABLE FOR THE PRODUCTS FROM THE MOMENT OF THEIR PHYSICAL HANDOVER, THE TRANSFER OF POSSESSION ENTAILING THE TRANSFER OF RISK.

10. Force Majeure

Events beyond the control of the parties that they cannot avoid or overcome, and whose occurrence has the effect of delaying or making the performance of contractual obligations virtually impossible, are considered cases of force majeure or fortuitous events.
The following are defined as cases of force majeure or fortuitous events releasing the company SASU PALMIFRANCE from its obligation to deliver within the originally scheduled timeframes, without this list being exhaustive: strikes by all or part of the staff of the company SASU PALMIFRANCE or its usual carriers, fires, floods, wars, production stoppages due to fortuitous breakdowns, inability to be supplied by suppliers, epidemics, frost barriers, road blockages, strikes or supply disruptions from EDF or GDF, or supply disruptions for a cause not attributable to the company SASU PALMIFRANCE, as well as any other cause of supply disruption attributable to the suppliers of the company SASU PALMIFRANCE.

In such circumstances, the company SASU PALMIFRANCE will notify the Buyer by fax or email within TWENTY-FOUR (24) hours of the occurrence of these events, the contract then being automatically suspended without compensation from the date of occurrence of the event. The aforementioned cases constitute force majeure events exempting the company SASU PALMIFRANCE from liability, without it being necessary to examine the conditions of their occurrence against the conditions defined in case law for invoking force majeure.
The company SASU PALMIFRANCE will in such a case inform the Buyer by email or any other means of the impossibility of the planned delivery and of the forecasts for restoration of the service.
Upon expiry of a period of THIRTY (30) days following the date of their occurrence, the contract may be terminated by the most diligent party, by recorded delivery letter with acknowledgement of receipt, without either party being able to claim the award of damages or compensation of any kind. When residing outside France, the Buyer is deemed to have acquainted themselves with all the specific standards of the country in which they reside that are applicable to the subject matter of their order, particularly in matters of customs, hygiene and safety.
Accordingly, the company SASU PALMIFRANCE cannot be held liable in the event that the Buyer orders products that do not comply with one or more of these standards.
Likewise, the liability of the company SASU PALMIFRANCE cannot under any circumstances be engaged in the event of a delivery delay, difficulty in importing or seizure of the ordered product at the borders of the Buyer's country of residence, due to the non-conformity of the products with the specific rules of the country of delivery.

11. Liability

The company SASU PALMIFRANCE cannot be held liable for non-performance of the contract of sale due to a case of force majeure, that is to say an event external to the parties, unforeseeable and unavoidable.
In particular, total or partial disruption or strike, notably of postal services and means of transport, which have the effect of suspending the performance of its contractual obligations, are covered. The company SASU PALMIFRANCE will in such a case inform the Buyer by email or any other means of the impossibility of the planned delivery and of the forecasts for restoration of the service.
Furthermore, the company SASU PALMIFRANCE cannot be held liable for the occurrence of any indirect damage whatsoever linked to the purchase of its products. The company SASU PALMIFRANCE cannot be held liable for any loss of data or files.
It is the Buyer's responsibility to carry out all necessary backups.
In general, the company SASU PALMIFRANCE is only bound by a best-efforts obligation for the performance of its services and contractual commitments. The website www.nishikidori.com may also contain information from third parties and links to other websites.
The company SASU PALMIFRANCE cannot under any circumstances be held liable for damage resulting from the use of, access to, or inability to use such third-party information, nor for the content of other websites. The liability of the company SASU PALMIFRANCE cannot under any circumstances be engaged in the event of a delivery delay, difficulty in importing or seizure of the ordered product at the borders of the Buyer's country of residence, due to the non-conformity of the products with the specific rules of the country of delivery, the Buyer being obliged to inform themselves of these rules.

12. Protection of personal data

12.1 Collection of personal data
The personal data collected on the site is as follows:
- Account creation: When the user's account is created, their surname, first name, email address and date of birth.
- Login: When the user logs in to the site, the site records in particular their surname, first name, login data, usage data, location data and payment data.
- Profile: Use of the services provided on the site allows a profile to be completed, which may include an address and a telephone number.
- Cookies: Cookies are used in the context of use of the site. The user has the option to disable cookies from their browser settings. We refer you to the cookies section.

12.2 Use of personal data
The personal data collected is intended to make the services available on the site, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
- Access to 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 support;
- Personalisation of services by displaying advertisements based on the user's browsing history according to their preferences;
- Prevention and detection of fraud, malware (malicious software) and management of security incidents);
- Management of any disputes with users;
- Sending commercial or advertising information based on 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 those services, the site is in contact with third-party banking and financial companies with which it has entered into contracts;
- When the user publishes, in the free comment areas of the site, information accessible to the public;
- When the user authorises a third-party site to access their data;
- When the site uses service providers to deliver user support, advertising and payment services. These service providers have limited access to the user's data in the context of performing these services, and have a contractual obligation to use it in compliance with the provisions of applicable regulations on the protection of personal data;
- If required by law, the site may transmit data in response to claims brought against the site and to comply with administrative and judicial procedures;
- If the site is involved in a merger, acquisition, asset transfer or insolvency proceedings, it may be required to transfer or share all or part of its assets, including personal data. In such a 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 digital security measures 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 Exercise of users' rights
In application of the regulations applicable to personal data, users of the website www.nishikidori.com have the following rights:

- They may update or delete their personal data by logging into their account and configuring the account settings;
- They may delete their account by writing to the following email address: confidentialite@nishikidori.com
- They may exercise their right of access to find out the personal data relating to them, by contacting the company SASU PALMIFRANCE via the "GDPR" module accessible in their account on the website www.nishikidori.com or by writing to the following email address: confidentialite@nishikidori.com. In such a case, before implementing 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 an update of the information by writing to the following email 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 email address: confidentialite@nishikidori.com.
In any event, the information collected by the Seller during any order placed by the Buyer is necessary for the management of their order by the Seller and its commercial partners. In accordance with the French Data Protection Act ("Informatique et Libertés") No. 78-17 of 6 January 1978, and European Union Regulation No. 2016/679 of 27 April 2016 (known as the GDPR), the Buyer has the right of access, rectification, objection and deletion with regard to their personal data held by the Seller.
The Seller undertakes not to communicate personal data to other organisations or companies without having first informed the Buyer. The Buyer's data will be kept confidentially for a period of three (3) years from the date of collection.
The Buyer may receive commercial proposals or be informed of the Seller's offers. If the Buyer no longer wishes to receive such proposals or wishes to unsubscribe from the newsletter, they may inform the company SASU PALMIFRANCE by post or by email to the following address: confidentialite@nishikidori.com or by clicking on the "unsubscribe" link appearing at the foot of each newsletter.
By placing an order with the Seller, the Buyer acknowledges and accepts that the data collected will be processed as necessary for the performance of the service and its invoicing. Accordingly, they consent 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 Buyer's bank card number and the final validation of the order shall constitute proof of the Buyer's agreement:
- Enforceability of the amounts due under the purchase order;
- Signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the Buyer is invited, upon becoming aware of such use, to notify the Seller.
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 evidence.

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, a regulation or following a final decision by a competent court, the remaining provisions shall retain their full force and effect.

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 shall not be interpreted in the future as a waiver of the obligation in question.

13.4 Notification
Any cancellation of orders, or claims relating to the products must be made by either party either
– by email, provided the Seller has acknowledged receipt,
– by email confirmed by letter;
– by recorded delivery letter with acknowledgement of receipt.

13.5. Applicable law
Any question relating to these general terms and conditions of sale and to the sales they govern, which is not addressed by these contractual provisions, shall be governed by French law to the exclusion of any other law, and subsidiarily by the Vienna Convention on the International Sale of Goods.

13.6. Competent jurisdiction
For the purposes hereof, the company elects domicile at its registered office, as mentioned in article 2 hereof. Any dispute regarding the application of these general terms and conditions of sale and their interpretation, their performance and the contracts of sale concluded by our Company, or any payment of the price, shall fall within the jurisdiction of the Commercial Court of NANTES (44), regardless of the place of order, delivery or payment, and regardless of the method of payment, and even in the event of a warranty claim or a plurality of defendants. Bills of exchange do not constitute novation of or derogation from this jurisdiction clause.
The attribution of jurisdiction to the Commercial Court of NANTES (44) is general and applies whether the matter concerns a principal claim, an incidental claim, a claim on the merits or an interlocutory application.
Furthermore, in the event of legal proceedings or any other debt recovery action by our Company, the costs of formal notices and legal proceedings, solicitors' fees, bailiff's fees and all ancillary costs shall be borne by the Buyer who has failed to fulfil their obligation, as well as the costs linked to or arising from the Buyer's failure to comply with the payment conditions or delivery conditions of the order in question.

View the General Terms and Conditions of Sale for individual customers