Terms and conditions of sale

General Terms and Conditions of Sale for Private Individuals

→ View the General Terms and Conditions of Sale for professionals

Preamble

These General Terms and Conditions of Sale are intended, on the one hand, to inform any prospective Buyer, namely any individual customer (hereinafter referred to as "the Buyer") who is not a trader and is not acting within the scope of their professional activity, of the conditions and modalities under which the company SASU PALMIFRANCE proceeds with the sale and delivery of the ordered products and, on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the Seller to the Buyer.

Traders and professionals will need to make themselves known and different conditions will be offered to them. They cannot benefit from the specific rights granted by the Law to consumers. In order to benefit from the sales conditions reserved for them, professionals must, where applicable, justify their status and provide their Siret number and intra-community VAT number.

By placing an order on the website www.nishikidori.com, the Buyer acknowledges:

• be of legal age and have full legal capacity, or benefit from the authorisation of a person holding parental authority, a guardian or a curator,
• that the purchase of products on the website www.nishikidori.com is unrelated to their professional activity and is limited to strictly personal use,
• have full legal capacity, enabling them to enter into commitments under these General Terms and Conditions of Sale,
• that they reside at the address provided when placing their order or in their customer account,
• that the email address they provided is indeed their own and that they regularly check their inbox,
• that the delivery address they provided when placing their order is valid and that they will be able to collect the deliveries addressed to them there.

Products are offered for sale in the following geographical territories: South Africa, Albania, Algeria, Germany, Andorra, England, Australia, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Canary Islands, Cyprus, South Korea, Croatia, Czech Republic, Denmark, Scotland, Metropolitan Spain, Estonia, France, Gibraltar, Greece, Greenland, Guadeloupe, Guernsey, Hong Kong, Hungary, Faroe Islands, Northern Ireland, Ireland (Republic of), Iceland, Israel, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia (Former Yugoslav Republic), Madeira (Island of), Malta, Morocco, Martinique, Moldova, Montenegro, Norway, Wales, Netherlands, Poland, French Polynesia, Portugal (excluding the Azores and Madeira), Réunion Island, Romania, San Marino, Serbia, Singapore, Slovakia, Slovenia, Sweden, Switzerland, Tunisia, Turkey.

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

Any order for a product on the website implies consultation and acceptance of these General Terms and Conditions of Sale. This acceptance is materialised at each order by clicking the box provided for this purpose.

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

The general terms and conditions of sale (GTC) 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. It is the Buyer's responsibility to print and save these conditions.

1. Identity of the Company SASU PALMIFRANCE

Name: company SASU PALMIFRANCE Société par Actions Simplifiée with a share capital of €2,115,000 (euros)
Address: Z.A.C Aéropôle 140 Rue Georges Guynemer 44150 ANCENIS FRANCE
SIRET: 524 273 414 00010 RCS NANTES

2. Access to the Site

The Buyer is personally responsible for setting up the IT and telecommunications resources enabling access to the website of the company SASU PALMIFRANCE. The Buyer bears the telecommunication costs when accessing the Internet and using the website www.nishikidori.com.

3. Formation of Contract and Orders

3.1 Product Selection

After having consulted the characteristics of the products sold on the website www.nishikidori.com, the Buyer has, under their sole responsibility and in accordance with their needs as previously defined, made their selection of the product(s) 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 opportunity, before placing an order, to ask any questions about it and to request any additional information through the website's functionalities.

It is the Buyer's responsibility, if they do not consider themselves sufficiently competent, to seek assistance from an adviser or to contact the team of the company SASU PALMIFRANCE directly using the contact details available on the website.

It is the responsibility of each Buyer to inform themselves, prior to validating their order on the website www.nishikidori.com, of all the legislative and regulatory standards applicable to the products that are the subject of their order in the country of delivery, in particular but not exclusively with regard to customs, hygiene and safety matters, and to verify the possibility of importing, consuming or using the products in light of these rules.

As necessary, the company SASU PALMIFRANCE draws attention to the fact that alcohol abuse is dangerous for 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 the website www.nishikidori.com with regard to the legislation of their State of residence. The quantities of alcohol that may be sold are limited. Knives and sharp objects, as well as barbecues sold on the website www.nishikidori.com may be particularly dangerous and must be used with caution. They must not be left within reach of children or persons unable to use them or appreciate their danger.

3.2 Product Characteristics

In accordance with article L. 111-1 of the Consumer Code, the Buyer may, prior to placing their order, consult the essential characteristics of the product(s) they wish to order on the website www.nishikidori.com.

The offers presented by the Seller are valid within the limits of available stock as indicated on the website www.nishikidori.com, except in cases of force majeure. The Seller is however obliged to deliver the ordered products.

The photographs and graphics of products offered for sale are unfortunately subject to representation variations. It is therefore recalled that the consumer Buyer benefits from the right of withdrawal established by article L.221-18 of the Consumer Code if the product they ordered does not meet their expectations.

The range of products featured on the website may change over time.

3.3 Prices

The selling prices of products online on the website www.nishikidori.com are those in force at the time the order form is recorded by the Buyer.

They are indicated in € (euros). They are understood to be inclusive of all taxes (VAT included), including the applicable value added tax (VAT) on the day of the order and any price reductions or discounts granted during promotional periods.

In the event of a change in the applicable VAT rate, this will automatically be reflected in the price of products sold by the company SASU PALMIFRANCE on its website www.nishikidori.com.

Selling prices do not include shipping costs, which are charged in addition to the price of the products purchased depending on the order amount; shipping conditions and delivery costs are set out in the Delivery and Returns section.

For any sale outside the European Union, prices shall be understood as DAP consignee (or "Delivered at Place of Destination"). Consequently, the company SASU PALMIFRANCE takes charge of transporting the goods to the agreed delivery point, but all customs clearance costs remain the responsibility of the recipient buyer.

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.

3.4 Order

Any order implies unconditional and unreserved acceptance of these General Terms and Conditions of Sale. 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.

Order process steps:

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 address
4- choosing the payment method
5- confirming the order after having ticked "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 messages, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature and binds the Buyer as marking their acceptance of the order and of these General Terms and Conditions of Sale. Once the order confirmation has been issued, it may only be called into question in the cases exhaustively listed in article 8 "Right of withdrawal" of these General Terms and Conditions of Sale.

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 information relating to their orders by printing it out on paper or saving the summary file thereof. In accordance with the provisions of article L.121-11 of the Consumer Code, the Seller may only refuse an order by justifying a legitimate reason, such as for example the recall of a product by the Manufacturer, the abnormal nature of the request (in particular with regard to quantities or the fact that the Buyer is ultimately a professional), the bad faith of the Buyer, or the probable risk of non-payment supported by objective evidence. Such a situation is presumed in the event of a dispute with the Buyer over payment for a previous order.

4. Buyer's Obligations

The Buyer who wishes to purchase through the company SASU PALMIFRANCE must be of legal age in their country, province, or State of residence and have full legal capacity, or benefit from the authorisation of a person holding parental authority, a guardian or a curator.

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, as specified in article 3.1 above.

Buyers' attention is drawn in particular to alcoholic beverages and knives, the import and purchase of which may be subject to specific regulations in their State of residence, especially if they are minors under the law of that State or the province in which they reside.

After having chosen their Products, the Buyer shall be required to check the details of their order and its price, to enter, if 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.

5. Payment

Payment must be made by the Buyer when placing the order. All orders are payable in € (euros).

To pay for their order, the Buyer has the following payment methods available: bank card (Carte Bleue, Visa, American Express and Mastercard), PayPal and Apple Pay.

The Buyer guarantees to the company SASU PALMIFRANCE that they hold any authorisations that may be required 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 or in the event of a payment incident.

The company SASU PALMIFRANCE reserves the right to request proof of address, a photocopy of the identity card and/or bank card (front only) of the Buyer for any payment in order to ensure the recovery of its receivables.

As part of the fight against Internet fraud, information relating to the Buyer's order may be transmitted to the competent authorities for verification.

6. Delivery and Receipt

The detailed delivery conditions (carriers, lead times, shipping costs, geographical areas, customs duties) are set out in the Shipping Policy. The return and withdrawal conditions are set out in the Return and Refund Policy.

Receipt of Products and Verification

For perishable products, it is the Seller's responsibility to ensure that the dispatch and transport conditions respect the storage conditions of such products, when delivery is their responsibility.

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

In the event that the Buyer has any doubt of whatever nature regarding the condition or contents of their parcel, they must absolutely:

• indicate any reservations in writing (damage, missing product compared to the delivery note, damaged parcel, broken product) accompanied by a signature on the delivery note, or in the case of delivery by Post, apply the Colissimo procedure (in particular report damage caused, all claims and reservations) and refuse the goods by immediately issuing an anomaly report with the postal officer (report 170),
• to report these incidents to the company SASU PALMIFRANCE within three (3) days of the date of receipt of the products.

In the absence of any dispute, handover constitutes receipt of the product and it shall be deemed to be in conformity and accepted, unless the Buyer provides proof to the contrary.

Your invoice: In accordance with the 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 and downloadable for 2 months from its date of issue. We use the TEDD platform for this sending, with the sending address noreply@tedd.email. To ensure that this address is not identified as "spam" or "junk mail", please validate it as an authorised sender in your email client.

7. Product Guarantee

7.1 Principle

Food products sold and dispatched have a best-before date of more than thirty (30 days) from their dispatch date, unless otherwise indicated on the website www.nishikidori.com or as specifically mentioned on the product page, as well as on fresh meat and fish.

Products purchased may benefit, where it exists, from the guarantee of the company SASU PALMIFRANCE that sells them. This may allow for repair or exchange. Where applicable, this guarantee will be indicated on the product page at the time of sale on the website www.nishikidori.com.

Products sold by the Seller benefit from the guarantee for defective products set out in articles 1245 et seq. Of the 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 product page available on the website www.nishikidori.com.

In addition to these guarantees to which the manufacturer may be liable, the legal guarantees incumbent upon the Seller are added, namely:

• the guarantee of conformity
• the guarantee against hidden defects.

The guarantee of conformity

Art. L.217-4 of the Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions or installation when the contract has made installation their responsibility or when it has been carried out under their responsibility."

Art. L.217-5 of the Consumer Code: "The goods conform to the contract: 1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable: if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; if they present the qualities that a buyer can legitimately expect having regard to public statements made by the seller, by the producer or by their representative, in particular in advertising or labelling; 2° Or if they present the characteristics jointly defined by the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."

Art. L.217-7 of the Consumer Code: "Conformity defects that appear within a period of twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the conformity defect invoked."

Art. L.217.12 of the Consumer Code: "The action arising from a lack of conformity shall be time-barred after two years from the delivery of the goods."

The guarantee against hidden defects

Art. 1641 of the Civil Code: "The seller is liable for warranty in respect of hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so impair that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they known of them."

Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within the year following the date on which the seller may be discharged from apparent defects or conformity defects."

Conditions of Implementation

The Buyer may exercise these guarantees by sending their request to Marc DERENNE and Justine LECAT at the address sav@nishikidori.com.

When the Buyer acts under the legal guarantee of conformity, they shall:

• shall benefit from a period of two (2) years from the delivery of the goods to take action
• may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code
• shall be exempt from having to prove the existence of the conformity defect in the goods during the twenty-four (24) months following delivery of the goods.

The guarantee of conformity shall apply independently of any commercial guarantee that may have been granted.

The Buyer may also decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in particular, if it is unfit for consumption. In such a case, they may choose between cancellation of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.

Given the nature of the products sold by the company SASU PALMIFRANCE, those affected by an apparent defect will be replaced, subject to verification of the alleged defects. The Buyer must provide all evidence as to the reality of the defects observed and the date on which they were observed, the company SASU PALMIFRANCE reserving the right to proceed, directly or indirectly, with any on-site inspection and verification. Failing compliance with these conditions, the Seller's liability for apparent defects cannot be invoked.

Exclusion of Guarantee

Products that have been used in a manner inconsistent with their intended purpose or repaired, integrated or adjusted by the Buyer or any other person not authorised by the Seller or the manufacturer cannot benefit from the guarantee of conformity or the guarantee against hidden defects. The statutory guarantee also does not cover damage resulting from transport when transport is not organised by the Seller.

8. 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 SHALL BECOME LIABLE FOR THE PRODUCTS FROM THE MOMENT OF THEIR PHYSICAL HANDOVER, THE TRANSFER OF POSSESSION ENTAILING THE TRANSFER OF RISKS.

9. Liability

The company SASU PALMIFRANCE cannot be held liable for non-performance of the sales contract due to a case of force majeure, i.e. An event external to the parties, unforeseeable and irresistible. This includes in particular total or partial disruption or strikes affecting postal services and means of transport, which will have the effect of suspending the performance of its contractual obligations.

The company SASU PALMIFRANCE will in such case inform the Buyer by email or any other means of the impossibility of the planned delivery and of the forecasts for restoring the service.

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 damages 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 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.