General Sales Conditions
Article 1: Foreword
The present general sales conditions apply exclusively between EURL NIWAKI & Co – 600 Route de Balais – 07340 TALENCIEUX - FRANCE – 00 33 (0)4 75 32 79 54, and all persons visiting the www.niwaki-et-niwashi.com site or making a purchase via this site.
All internet users may familiarize themselves with the General Sales Conditions on the www.niwaki-et-niwashi.com site. As these general sales conditions may be subject to change, applicable conditions are those in force on the www.niwaki-et-niwashi.com site on the date on which the order is placed.
Article 2: Contract
2.1 Conditions for placing an order
You declare that you are at least 18 years old and possess legal rights, or have authorization from your parents, enabling you to place an order on the www.niwaki-et-niwashi.com site.
After your order has been placed, we will send you an e-mail for acknowledging it. We inform you when your articles are dispatched. Even so, you may change your order as long as it is still in the preparation phase.
Article 3: Price, availability and delivery
The prices displayed on the www.niwaki-et-niwashi.com site are given in Euros and include all French taxes (French VAT and any other applicable tax), but exclude participation in transport costs, order-treatment and preparation costs and gift wrapping expenses.
We can accept your orders within the limits of stocks available. We inform you of the availability of the articles sold on the www.niwaki-et-niwashi.com site on the information page for each article.
Should you choose to pay by bank cheque, your order will only be processed after your cheque has been cashed.
If, despite our vigilance, any articles are unavailable, we will send you an e-mail informing you of this situation just as promptly as possible. Should any articles be permanently unavailable and if we are unable to supply you with an article of equivalent price and quality, your order will be cancelled automatically.
Your credit card is charged as a result of placing your order, but only if the items are available. Consequently, should any article not be available and if it is not possible to deliver a replacement article to you, your credit card will not be debited.
Despite all our efforts, it is possible that an article on our site may be subject to an error in price. However, you may be sure that prices are checked during your article’s dispatch procedure. If the corrected price is lower than the price announced on the www.niwaki-et-niwashi.com site we will apply the lower price and dispatch the article to you. If the corrected price is higher than the price announced on the www.niwaki-et-niwashi.com site, we will inform you thereof and cancel your order unless you choose to accept it at its new price.
Article 4: Customs duty
All orders placed on the www.niwaki-et-niwashi.com site for delivery outside France may be subject to taxes and customs duty that will be applied when the package arrives at its destination. Any customs duty and taxes related to the article’s delivery are at your cost and under your liability. We are under no obligation to check and inform you of any customs duty and taxation that may be applicable. We recommend you to request this information from the relevant authorities in your country.
Article 5: Payment
You may make payment by bank card, transfer, cheque or Pay Pal. In the case of downloadable files or other sales of services, payment by Pay Pal will cannot be accepted.
Cards issued by banks domiciled outside France are required to be international bank cards. Should payment be made by bank card, the value of your order will only be debited when your articles are dispatched.
Payment by bank cheques can only be made for cheques in Euros drawn on a bank domiciled in France. Should payment be made by cheque, the cheque concerned will be cashed on reception.
Cheques must be established in the name of EURL NIWAKI & Co, and be sent to the following address:
NIWAKI & Co
600 Route de Balais
00 33 (0)4 75 32 79 54
Article 6: Returns
Please familiarize yourself with our Product Return Policy applicable to the articles we sell.
You possess forteen (14) days for withdrawing your order as provided for by law (Order cancellation generates a having of the same amount as the concerned order, which will remain valid for one year on all of the e-shop products) or for returning the articles to us without any justification (except for products that have been ordered especially for you in Japan, which systematically concerns ladders or special orders are not part of the products referenced on our e-shop).
Should an article be delivered, which does not comply with your order, has been damaged in transport or having a hidden flaw, please consult our Product Return Policy. If we agree to replace a product that has been damaged or which does not comply with your order, you must return the product to us within 30 days of the date on which we have confirmed our agreement to replace it. Should your obligation to return the damaged or non-compliant product within the said 30 day period not be respected, the value of the product cannot be reimbursed to you.
None of these items damaged in transport, defective, broken or have a hidden flaw and we have been sent as part of our Product Return Policy will you be back again.
Article 7: Reservation of title
Goods delivered will remain our property until they are dispatched and handed over to the carrier and once you have paid for them in full.
Article 8: Guarantees and liability
You benefit from legal guarantee conditions covering hidden flaws. We decline all liability should any article not comply with the legislation in any destination country outside France. We commit ourselves to providing all due care in use in our profession for implementing the services offered to customers. Nevertheless, we may not be held liable should we fail to meet our contractual obligations due to an act of God or force majeure as defined in jurisprudence set forth by French courts.
We cannot be held liable for any delay due to shortages in our supplier’s stocks. Moreover, we cannot be held liable in the event of any non-substantial difference between the presentation photographs of articles on our site and the articles ordered. We implement all the resources in our possession to provide the services covered by the present < strong>General Sales Conditions. We are liable for all direct and predictable damage caused at the time of using the site or on concluding the contract of sale between you and ourselves.
Under no circumstances will we be liable in respect of professionals for any losses in profit, commercial losses, loss of data or shortfalls or any other indirect or non-predictable damage caused at the time of using the < strong>www.niwaki-et-niwashi.com site or on concluding the contract of sale between you and ourselves.
The limits to liability referred to above are not applicable in the event of any fraud or gross negligence on our part, in the event of bodily injury or liability due to products that are faulty on account of hidden flaws.
In case of defects, all our products are guaranteed for one year.
Article 9: Site access license
We grant you a limited access and utilisation license to the www.niwaki-et-niwashi.com site for your personal use. Under no circumstances are you authorized to download or modify all or part of this site without our express written consent. This license in no way allows you to use this site or its contents (listed products, descriptions, prices, downloading or copying information on behalf of another trading company, use of data, software, sound extracts, graphics, pictures, photographs or tools) for selling purposes or for any other commercial utilization.
Under no circumstances may this site or any part of it be reproduced, copied, sold or exploited for commercial purposes without our express written approval.You may not use any techniques for copying a brand name a log or any other information (notably images, texts and models) belonging to us without our express written agreement. You may not use any meta-tags, or other hidden text containing our name, without our express written approval.
Any non-authorised use will terminate the license granted to you. We authorize you, on a non-exclusive revocable basis, to create a hypertext link aimed at the site home page, on condition that this link cannot create, in our respect or that of our products and services, any characteristics of a false or pejorative nature or which are liable to be of detriment to us. In no way may the creation of this hypertext link cause us to be held liable for the contents of your site in any way whatsoever. Any use of our logo, our brand-name or our graphics in your link requires our express written consent.
Article 10: Comments, criticisms, communications and other contents
Users of this site may send constructive criticism, comments or any other contents to us; submit suggestions, ideas, questions or any other information to us, as long as this content is not illegal, obscene, abusive, menacing, libellous, slanderous, contravening intellectual property rights, or harmful to third parties and which does not consist of or contain any computer viruses, political militancy, commercial solicitations, mass mail-shots, chains or any other forms of “spam”.
You may not use a false e-mail address, usurp the identity of any person or entity, nor provide untruthful information on the origin of its content. The aforementioned reasons are quoted as examples and may not be interpreted as being exhaustive.
Article 11: Protection of personal data
We commit ourselves to the protection of your personal data. All personal data concerning you and which we may have collected are handled in the strictest secrecy, in compliance with the measures set forth in our personal protection policy.
Article 12: Applicable law and relevant jurisdiction
The present general sales conditions are governed by French law and the Vienna convention concerning contracts for the international sale of goods and merchandise. Any disputes concerning commercial relations between you and ourselves will be submitted to the non-exclusive jurisdiction of the French courts.
Article 13: Identification
This Web site belongs to and is managed by the EURL NIWAKI & Co..
SIRET number: 514 027 614 00023
CNIL declaration number: 1391560
Community VAT number : FR37514027614
Trade and firms register declaration number : RCS Aubenas 514 027 614
You may contact us by using the following address: firstname.lastname@example.org