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 site or making a purchase via this site.

All internet users may familiarize themselves with the General Sales Conditions on the site. As these general sales conditions may be subject to change, applicable conditions are those in force on the site on the date on which the order is placed.


Article 2: Contract and operating of the e-learning platform

      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 site.

      2.2 Orders

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.

      2.3 Operating of the e-learning platform

We start the 1rst May 2015 with a dozen already created videos, and some new videos will be added every month. To access it, you must subscribe to the year, for a small fee. This subscription gives you access to videos about :
     – beautiful Japanese gardens known, less known or completely unknown,
     – meetings with Japanese professionals of garden,
     – the work of craftsmen in connection with the garden,
     – fabulous tsuboniwa of Japan, with their so powerful evocative power,
     – the creations of the Shizen no sei Garden,
     – ephemeral tsuboniwa created by students of the “NIWAKI Inspiration ZEN” Academy …
On the other hand, you can also purchase training videos, short or long time, which then become your property, while remaining only in VOD on the platform. Resubscribe the following year allows you to find them again very easily, stored in your account. Indeed, your annual subscription is the cornerstone of this e-learning platform, which enables it to live.


Article 3: Price, availability and delivery

The prices displayed on the site are given in €, in £, in $USD, $UAD or in $CAD, because of international customers and include all French taxes (French VAT and any other applicable tax).

We can accept all your orders, except possible restrictions on your country of residence.

If, despite all our good will, the required place is unavailable, we will inform you as soon as possible. In case of permanent unavailability, and if we can not provide you with a place, your order will be canceled automatically.

Despite all our efforts, it is possible that an offer on our site may be subject to an error in price. However, you may be sure that prices are checked during your registration procedure. If the corrected price is lower than the price announced on the 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 site, we will inform you thereof and cancel your order unless you choose to accept it at its new price.


Article 4: Payment

You can make your payment by bank transfer or by PayPal, or by credit card VISA, Mastercard or others always by PayPal.

French residents may also pay by cheques.

Cheques must be established in the name of EURL NIWAKI & Co, and be sent to the following address:

   NIWAKI & Co

   600 Route de Balais




Article 5: Withdrawal period

Our services (provision of videos in VOD) are not subject to the withdrawal of fourteen (14) days provided by law according to Article L121-20-2 of the Consumer Code, for obvious reasons.


Article 6: Reservation of title

Services offered will remain our property until you have paid for them in full.


Article 7: Guarantees and liability

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 force majeure as defined in jurisprudence set forth by French and international courts.

We implement all the means at our disposal to ensure the benefits of these Terms & Conditions. We are responsible for all direct and foreseeable damage when using the site or the conclusion of the sales contract between us and you.

Under no circumstances will we be liable in respect of professionals profit losses, commercial losses, loss of data or shortfalls or any other indirect or non-predictable damage caused at the time of using the website or on concluding the contract of sale between you and ourselves.


Article 8: Site access license

We grant you a limited access and utilisation license to the 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 9: 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 10: 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 11: 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.