General terms of use

Access to the Site, its consultation and use are subject to the unreserved acceptance of these general terms and conditions of use.

By browsing the Site, you acknowledge that you have read and fully and unreservedly accepted these general terms and conditions of use.
Nishikidôri draws your attention to the importance of reading them carefully.

ARTICLE 1. OBJECTIVE

These terms and conditions of use ("Terms of Use") govern the use of the Site by any user, natural person of any kind, who is at least 18 years of age ("You"). In particular, they aim to define the conditions under which you can access and browse the Site and create a customer account.

ARTICLE 2. SITE

The Site is open to any Internet user meeting the conditions set out in the "Objective" article above, provided that he or she has an Internet connection.
In particular, the site enables you to:
- Subscribe to the Nishikidôri newsletter to receive information about Nishikidôri news, activities and commercial offers;

- Create a customer account, as described in the article "Creating a Customer Account" below;

- Order Nishikidôri products after creating your customer account.

ARTICLE 3. CUSTOMER ACCOUNT

1. General rules To access the Site, you must have access to the Internet, the cost of which is at your expense, and acknowledge that: - The reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they circulate;

- It is your responsibility to take any measures you deem appropriate to ensure the security of your connection terminal;

- Any connection terminal connected to the Site is and remains under your full responsibility and Nishikidôri cannot be held liable for any direct or indirect damage that may occur as a result of your connection to the Site.

2. Creation To order products offered for sale on the Site, you must create a Customer Account. To create your Customer Account, you must fill out a registration form and provide certain personal data about yourself that is essential for the creation of this account, namely:
- Your title;

- Your first and last name;

- A valid contact email address;

- A valid phone number;

- The password of your choice.
By creating your Customer Account, you certify that you are a private individual over 18 years of age, having the necessary legal capacity and acting outside of any professional activity. In addition, you undertake to provide accurate, complete and up-to-date information.
After the creation of your Customer Account, you will receive an email confirming its creation and including the data you provided. As your password is strictly personal and confidential, it is your responsibility to keep it safe and secure and not to share it with anyone. Since you are solely responsible for the storage and use of your password, you are solely responsible for all consequences of the use of your Customer Account by you or a third party, fraudulent or not, and you agree to report any fraudulent use of your Customer Account to Nishikidôri as soon as possible.

3. Operation Each time you log into your Customer Account, you acknowledge that the entry of your email address and password is equivalent to identification on your part.
Your Customer Account enables you to:
- View and update the contact information provided when creating your Customer Account: title, last name, first name, email, phone and password; - View, update and delete a postal address; - Subscribe to the Nishikidôri newsletter;

- View the history and details of all of your product orders placed on the Site since the creation of your Customer Account.

To enable the proper functioning of your Customer Account, you undertake to keep the personal information it contains up to date.

4. Deletion You may request the deletion of your Customer Account at any time without having to provide any particular justification, by sending a written request to Nishikidôri by post to SASU PALMIFRANCE - Nishikidôri Z.A.C de l'Aéropôle, 140 rue Georges Guynemer, 44150 Ancenis or by e-mail to confidentialité@nishikidori.com.
Nishikidôri will delete your Customer Account as soon as possible after receiving your written request to do so.
You are informed that Nishikidôri may also delete a Customer Account that has no current orders so as to comply with the regulations relating to the protection of personal data.

ARTICLE 4. RESPONSIBILITY

Nishikidôri undertakes to make its best efforts to ensure the best possible access, security and proper functioning of the Site. However, by browsing the Site, you acknowledge that you are aware of the characteristics and limitations of the Internet network, in particular its technical performance, response times for consulting, querying or transferring data and the risks related to the security of communications. Despite the care and effort that Nishikidôri puts into its Site, Nishikidôri does not guarantee that the Site will be free of anomalies or errors, that these can be corrected, that the Site will function without interruption or failure, that malfunctions attributable to third party software, whether or not incorporated into the Site or supplied with it, will occur, or that the Site is compatible with the nature or configuration of your connection terminal.
You acknowledge that you are solely responsible for your use of the Site and that Nishikidôri declines all responsibility in case:
- of inconveniences or damages inherent to the use of the Internet network, in particular in the event of suspension or interruption of access to the Site due to a disaster, problem online, interruption of service, power failure, external intrusion, presence of computer viruses or corrupted files, maintenance or updating of the Site, violation of data on the Site or unauthorised access;

- damage of any kind, whether foreseeable or unforeseeable (including loss of data, profits, turnover, activity, opportunity, savings, profits, etc.) arising from your use of, or inability to access, all or part of the Site or your use of the Site in violation of these Terms of Use.

ARTICLE 5. YOUR RESPONSIBILITY

By accessing the Site, you agree not to:
- Collect in any manner whatsoever information about other visitors to the Site, without their express, prior and written consent;

- Disrupt or attempt to disrupt the operation of the Site, spread viruses or any other technologies that may harm Nishikidôri and other visitors to the Site, create saturation, flood the server, attempt to probe, scan or test the vulnerability of a system or network, or violate security or authentication measures without the express, prior, written consent of Nishikidôri;

- Use bots, spiders or scrapers or any other automatic process to access the Site, for any reason whatsoever; - Transfer your Customer Account to a third party without the express prior written consent of Nishikidôri.

ARTICLE 6. INTELLECTUAL PROPERTY

All intellectual property rights relating to both the structure and content of the Site, and in particular the graphic, textual or visual elements, images, sounds, videos, photographs, logos, trademarks, distinctive signs, tools, software, documents and data (hereinafter referred to together as "the Elements") are the exclusive property of Nishikidôri or, where applicable, of its partners and have, in this case, been subject to express prior authorisation for reproduction and representation by the holder of the rights. These Elements are made available to you free of charge, for the sole use of the Site and within the framework of normal use of its functionalities.
When accessing and using the Site, you agree to respect the intellectual property rights of Nishikidôri and its partners, failing which you will be held personally liable and expose yourself to civil and/or criminal prosecution.
You may not reproduce, represent, publish, transmit, modify, use, adapt, translate, distribute, transfer, exploit or extract, for commercial or non-commercial purposes, all or part of the Elements in any manner whatsoever, without the express prior written consent of Nishikidôri.
Notwithstanding the previous paragraph, you are authorised to download a copy of certain parts of the Site onto a personal computer and/or to print out a copy, exclusively for your personal and non-commercial use and on condition that you do not make any changes to the Elements copied.

ARTICLE 7. HYPERLINKS

1. Hyperlinks from the Site
The Site may contain hyperlinks redirecting to websites operated by third parties. These links are provided for information purposes only. Nishikidôri has no control over these websites and declines all responsibility for the access, content or use of these sites, as well as for any damage that may result from consulting the information contained therein. The decision to activate these hyperlinks is your sole responsibility.

2. Hyperlinks to the Site
No hyperlink may be created to the Site without the express, prior, written consent of Nishikidôri. If you intend to create a hyperlink redirecting to the Site, regardless of the medium, you must first contact Nishikidôri in order to obtain its express, prior and written consent by sending an email to contact@nishikidori.com.

ARTICLE 8. APPLICABLE LAW - JURISDICTION

These Terms of Use are subject to French law. You are informed that in the event of a dispute, you may have recourse to consumer mediation under the conditions set out in The General Terms and Conditions of Sale of Nishikidôri.
In the event of a dispute arising from the application of these Terms of Use that is not amicably resolved with Nishikidôri, the French courts have exclusive jurisdiction under the rules of the French Code of Civil Procedure.

ARTICLE 9. BREACH OF TERMS OF USE

If Nishikidôri finds that you have violated any of the provisions of these Terms of Use, applicable laws, or the rights of third parties, and if written notice to call you into compliance has remained unsuccessful for more than eight days, unless there is a serious cause justifying the absence of notice or the application of a shorter notice period, Nishikidôri reserves the right to restrict, suspend, or prohibit, temporarily or permanently, your access to the Site and to your Customer Account.

ARTICLE 10. CHANGES TO THE SITE AND TERMS OF USE

Nishikidôri reserves the right, at any time and without prior notice, to modify the rules of operation of the Site, to modify or delete all or part of its content and to interrupt, temporarily or permanently, its accessibility, in particular in order to carry out any correction, maintenance or update operation.
Nishikidôri reserves the right, at any time and without prior notice, to modify the content of these Terms of Use, with such modifications being applicable as soon as they are posted on the Site. Consequently, you are invited to regularly consult these Terms of Use.

ARTICLE 11. TRANSFER RIGHT

Nishikidôri reserves the right to assign to third parties, in whole or in part, the rights and obligations arising from these Terms of Use, provided that they are assigned under the same terms or, at the very least, under terms that are no less advantageous to you.

ARTICLE 12. MISCELLANEOUS PROVISIONS

If any provision of these Terms of Use is declared null and void or unenforceable pursuant to a law, a regulation or following a court decision that has become final, it will be deemed unwritten and the other provisions will remain in force. Nishikidôri's failure to enforce any provision of the Terms of Use at any time shall not be construed as a waiver thereof.