ARTICLE 1 – SERVICES

1.1 Description of Services

1.1.1 Baggage check-in and/or delivery service

The Services allow the Customer to entrust NIWAKI SERVICES with the delivery of one or more pieces of luggage from the location of their choice, provided that this location is within the pick-up area as defined in Article 1.5.4 below, to the departure airport or from the arrival airport or from this airport to the location of their choice, provided that this location is within the pick-up area as defined in Article 1.5.4 below.

The Customer may also delegate to NIWAKI SERVICES the check-in of his or her baggage(s) for a flight eligible for the Services operated by one of NIWAKI SERVICES’ partner airlines, a list of which is available on the Website.

The Services may be provided:

– before the plane takes off: collection and check-in of the baggage at the address chosen by the Customer within the collection area as defined in Article 1.5.4;

– upon landing of the aircraft: collection at Orly airport and delivery of the baggage to the address chosen by the Customer within the collection area as defined in Article 1.5.4.

1.1.2 Service for locating and delivering luggage/items left on board

The Services also allow the Customer to entrust NIWAKI SERVICES with the search and, in the event of reconciliation, delivery to a collection point defined by NIWAKI SERVICES or delivery of luggage/items left on board the aircraft.

1.2 Access to the Services

1.2.1 The Site is accessible to any user with Internet access or who connects to self-service terminals at DIRBY reception points in airports.

All costs associated with accessing the Site, whether hardware, software, or Internet access costs, are the sole responsibility of the User. The User remains solely responsible for the proper functioning of their computer equipment and Internet access.

1.2.2 NIWAKI SERVICES reserves the right to refuse access to all or part of the Services, unilaterally and without prior notice, to any user who does not comply with these T&Cs.

1.3 Ordering Services

The Customer may order Services by completing the reservation form provided for this purpose for each request.

For the baggage check-in and/or delivery Service, the Customer must provide all the information marked as mandatory, including their surname, first name(s), mobile phone number, email address, baggage collection address, baggage collection and delivery dates and times, airport, flight number, and number of bags.

For the Baggage/Lost Property Search Service, the Customer must provide their surname, first name(s), email address, mobile phone number, a description of the baggage/lost property (brand, model, color, etc.), the location where the baggage/lost property was left behind, and flight details.

It is specified that any order placed on the Website is an order with an obligation to pay.

All orders imply acceptance of the description of the Services and the prices in effect on the date of the order.

Once the order has been completed, the Customer has the opportunity to check the Services ordered, the total price, and the terms and conditions of the order. The Customer chooses the payment method. If necessary, the Customer may modify the order or cancel it before confirming it definitively.

The order will only be definitively registered once the order summary screen has been validated. This action is equivalent to a handwritten signature as referred to in Article 1367 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the Civil Code. Upon completing this action, the Customer confirms their order and declares that they accept it, as well as these T&Cs in their entirety and without reservation, and the order is considered irrevocable.

Once the order has been validated by NIWAKI SERVICES, the Customer will receive an email confirming their order.

The sale of Services shall only be considered final after NIWAKI SERVICES has sent the Customer confirmation of acceptance of the order by email and after NIWAKI SERVICES has received payment in full.

NIWAKI SERVICES reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous reservation.

The email address and telephone number provided by the Customer will be used by NIWAKI SERVICES or its service provider to communicate with the Customer. The Customer must ensure that these remain valid at all times.

In the absence of information or notification to the contrary, the Customer’s email address shall be deemed valid and any email sent by NIWAKI SERVICES to this address shall be deemed to have been received by the Customer. Similarly, in the absence of information or notification to the contrary, the Customer’s mobile phone number shall be deemed valid and any text message sent to this number shall be deemed to have been received by the Customer.

The Customer guarantees the truthfulness and accuracy of the information provided and acknowledges that NIWAKI SERVICES cannot be held liable in any way for any failure to perform or improper performance of these terms and conditions resulting from inaccuracy or data entry errors by the Customer.

1.4 Cancellation, modification

Once confirmed and accepted by NIWAKI SERVICES, under the conditions described above, the reservation cannot be canceled, except in cases of force majeure.

Any modification by the Customer of the Service request (appointment time for baggage collection or delivery or meeting place) must be made at least 48 hours before the initial flight departure on the Website. If the modification is not made within this period, the Customer must comply with the terms of their initial request and no refund will be possible in the event of non-compliance.

1.5 Operation of the baggage check-in and/or delivery Service

1.5.1 Baggage check-in and transport from the location specified by the Customer to the airport

The Customer must be available at the chosen time slot at the collection address indicated at the time of booking.

The Customer acknowledges and accepts that in the event of failure to comply with the schedule imposed by the chosen time slot (more than 15 minutes late for the initially scheduled appointment), NIWAKI SERVICES may, at its sole discretion, refuse to take charge of any luggage and, more generally, to provide any Service related to the order, without any eligible refund.

NIWAKI SERVICES will verify the order and the Customer’s identity.

NIWAKI SERVICES may, for safety and/or security reasons, refuse to transport or continue to transport a Customer’s luggage if it contains the items listed in Article 4.2.1 below or if the Customer has not complied with the obligations set out in Article 4.2 of these GTC.

NIWAKI SERVICES may, in particular for reasons of safety, security, or hygiene, refuse to transport any luggage that does not correspond to the order, as well as any luggage that is incompatible with road transport due to its dimensions, shape, weight, content, configuration, or nature, or refuse to continue transporting it if it is discovered during a trip.

When the luggage is picked up, NIWAKI SERVICES weighs it, seals it, and transports it to the Customer’s departure airport.

The Customer can track the progress of their baggage transport stages on the Application, from drop-off to collection.

The Customer will collect their luggage at the arrival airport, in the baggage claim area indicated by their airline or NIWAKI SERVICES or, if they have chosen this option when placing their order, directly at their place of residence.

1.5.2 Pick-up from the airport and delivery to the location specified by the Customer.

NIWAKI SERVICES will collect the baggage from the baggage carousel at the arrival airport, weigh it, seal it, and transport it to the delivery address previously chosen when placing the order.

The Customer can track the progress of their baggage transport stages on the Application.

The Customer must be available at the delivery address specified when placing the order during the chosen time slot.

The Customer acknowledges and accepts that in the event of failure to comply with the schedule imposed by the chosen time slot (more than 15 minutes late for the initially scheduled appointment), NIWAKI SERVICES may, at its sole discretion, refuse to deliver any luggage and, more generally, to provide any Service related to the order, without any eligible refund.

1.5.3 Conditions relating to luggage to be delivered  for transport (size, weight, restrictions, etc.)

Any baggage whose total dimensions (total length + width + height) exceed 158 cm and are less than 300 cm is considered oversized baggage and a supplement of €50 per bag will be charged to validate the baggage handling service. This supplement does not constitute a tax on oversized baggage required by the airline. The Customer must also pay this tax to the airline.

The weight of each piece of baggage must not exceed 32 kg in accordance with current regulations.

The total dimensions of the baggage (total length + width + height) must not exceed 300 cm.

As part of this service, NIWAKI SERVICES does not handle live animals (AVIH).

In all other cases, the airline’s baggage policy applies (weight, size, excess, etc.).

1.5.4 Pick-up and delivery area

NIWAKI SERVICES’ involvement in the Services is limited to the following departments in the Ile de France region: Paris (75), Val de Marne (94), Hauts de Seine (92), Seine-Saint-Denis (93), Essonne (91).

1.6 How the service for locating and returning luggage/items left on board works

Once the Service order has been accepted by NIWAKI SERVICES, NIWAKI SERVICES will conduct a search to locate the luggage.

The Customer may be contacted by telephone or email to provide any additional information deemed necessary to establish a match.

If the luggage/item is found and after confirmation by the Customer that it matches, a payment link will be sent to the Customer to enable them to pay for the Service and, at their discretion, have it delivered to the location indicated by NIWAKI SERVICES or to the address of their choice, subject to payment of additional delivery charges.

ARTICLE 2 – NO RIGHT OF WITHDRAWAL

Pursuant to Article L.221-28 of the French Consumer Code, Customers who are consumers do not have the right to withdraw from the contract.

ARTICLE 3 – PRICES AND PAYMENT

3.1 Prices

Orders placed on the Website are orders with an obligation to pay.

For all Services, the Customer will find prices displayed on the Website in euros, including all taxes.

Prices including tax include, in particular, Value Added Tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may affect the price of the Services from the date on which the new rate comes into effect.

NIWAKI SERVICES reserves the right to modify its prices at any time.

The applicable price is that indicated on the Website on the date on which the order is placed by the Customer.

The price excludes any additional costs that are not expressly mentioned as included in the
order confirmation.

Any additional luggage not initially included in the order and added during the performance of the service will be charged at €30 per item, payable on site via a payment link.

3.2 Payment

Baggage check-in and/or delivery services are payable at the time of ordering.

Baggage/lost property search services are payable at the time of baggage reconciliation if this takes place via the payment link sent to the Customer by NIWAKI SERVICES.

Payment is made by credit card only on the bank payment interface, secured by an encryption certificate. The list of authorized credit cards is indicated on the Website and may be modified regularly.

Payments made by the Customer will only be considered final after NIWAKI SERVICES has actually received the amounts due.

In the event of default or late payment, NIWAKI SERVICES reserves the right, from the day after the due date shown on the invoice and subject to the provisions of the article entitled “Customer Obligations and Liability”:

– cancel the reservation,

– immediately suspend the Services in progress until full payment of the amounts due,

– for professional customers: to charge late payment interest equal to three times the legal interest rate on the amount outstanding at the due date and a fixed compensation of €40 for recovery costs, without prejudice to additional compensation if the actual recovery costs incurred exceed this amount.

ARTICLE 4 – CUSTOMERS’ OBLIGATIONS AND RESPONSIBILITIES

4.1 Regarding the provision of information

The Customer guarantees that the information provided in the booking form is accurate and undertakes to update it.

The Customer acknowledges that this information constitutes proof of their identity.

With regard to the Baggage Search and Delivery Service, the Customer agrees to cooperate with NIWAKI SERVICES by providing any information that may be requested to facilitate the search for and return of their lost baggage.

At check-in and baggage collection: the customer must present the documents required for their journey in accordance with the terms and conditions of sale of their ticket (passport, identity card, ticket, etc.).

The Customer must provide photo ID to the agent when collecting baggage and sign a collection slip indicating: the date, time, and delivery address, and the number of bags.

When creating an account, the Customer is responsible for maintaining the confidentiality and security of their username and password.

The Customer is responsible for all actions carried out using their account. If the Customer believes that the security of their personal login details has been compromised, such as through disclosure, theft, or unauthorized use, they must immediately notify NIWAKI SERVICES by email at the following address: customercare@dirby.fr. The Customer shall ensure that they log out of their account after each use of the Website and the Application, particularly if they are using a public or shared computer.

The Customer guarantees that the elements of their account do not infringe on the rights of third parties and do not contravene the law and regulations in force. In the event of non-compliance with these commitments, NIWAKI SERVICES reserves the right to take any appropriate action, including removing prohibited content and deleting the Customer’s account.

The Customer guarantees the legality of the content they post on the Website and Application via their account. The User must immediately report any illegal content or behavior using the online form.

More generally, the Customer assumes full and complete responsibility and the consequences of all actions they perform on the Website and the Application.

4.2 Regarding luggage

4.2.1 Safety and security

The Customer guarantees that:

– they are the owner of the baggage covered by the order and assume all responsibility for it, including, but not limited to, its contents, before any national or international authority and/or third party that may claim rights to it for any reason whatsoever;

– their luggage does not contain any items prohibited by the partner airline, airports, or countries of departure, arrival, or transit, including:

• Explosive materials (including firecrackers, fireworks, smoke cartridges, etc.)
• Compressed gases (including camping gas stoves, lighter refills, oxygen bottles)
• Toxic and corrosive substances (including cleaning products, irritants, and strippers)
• Paralyzing and incapacitating products (including weapons such as stun guns and batons, pepper spray, and tear gas)
• Devices equipped with lithium batteries (including large electrical appliances such as electric bicycles, certain medical devices, and spare batteries)
• Flammable materials (including paint, gasoline, lacquer, acetone, alcohol over 70%);

– that their luggage does not contain any valuable items (particularly valuables, precious metals, jewelry, and cash);

– that they are able to travel on the flight indicated in the reservation;

– that they have the necessary documents to check in and collect their luggage, in particular the boarding pass for the flight concerned and the identity document used to travel on the flight indicated in the reservation.

The Customer may be held civilly and/or criminally liable if such prohibited items are found in the baggage.

The Customer acknowledges and accepts that the handling of their baggage from the airport to the delivery address requires the acceptance and signing of a customs release form so that NIWAKI SERVICES can clear customs on their behalf.

The Customer unreservedly accepts that their baggage may be inspected during an X-ray security check. If the X-ray image cannot be read, the Customer accepts that any doubts may be resolved by opening and searching the baggage in question, even in their absence. The Customer must therefore endeavor to be available in order to exchange the access codes to their baggage.

In accordance with airport security procedures, if a prohibited item is found in luggage, it may be destroyed, regardless of any legal action that the authorities may take against the Customer, whether or not they are present.

In any event, NIWAKI SERVICES shall not be liable in any way for damage caused to baggage and its contents as a result of opening and/or destruction required by the authorities.

NIWAKI SERVICES shall also not be liable in any way if the luggage is stopped at customs.

4.2.2 Protection of luggage

The Customer is informed and accepts that their luggage must be sealed regardless of the baggage check-in and/or delivery service purchased (delivery to or from the airport).

NIWAKI SERVICES may refuse to accept baggage if it is impossible to guarantee its integrity.

Luggage must be handed over in a condition that is suitable for handling and storage, and must be packed, wrapped, marked, and labeled so that it can be delivered to the Customer in accordance with the instructions given to NIWAKI SERVICES and under normal conditions.

Furthermore, NIWAKI SERVICES cannot be held liable for any consequences resulting from the absence, inadequacy, or defectiveness of the packaging, wrapping, marking, and/or labeling, or from a lack of sufficient information about the nature and characteristics of the luggage.

It is the Customer’s responsibility to ensure that straps, handles and, in general, that the luggage is capable of withstanding handling.

With regard to fragile items, particularly bottles and breakable items, it is the Customer’s responsibility to ensure that they are sufficiently packed and protected.

4.2.3 Baggage inspection

Upon delivery of the luggage, the Customer expressly agrees to check the number and condition of the luggage. The delivery note must be dated, signed, and must mention any anomalies, damage, or deterioration identified. Reservations on the delivery note must be precise and specific in order for the request to be taken into account.

4.2.4 Additional charges

Any additional baggage not initially included in the order and added during the performance of the service will be charged at €30 per item, payable on site via a payment link.

4.2.4.1 Excess fees

The Customer undertakes to read and comply with all obligations imposed by the partner airline, as well as by the airports and countries of departure, arrival, and transit, with regard to baggage allowance policies.

The Customer is therefore responsible for paying any additional fees and for any other consequences related to excess baggage weight or size, without NIWAKI SERVICES being held liable in any way in this regard.

The Customer acknowledges that check-in cannot be completed if they do not pay any fees due under the airline’s baggage allowance policy and releases NIWAKI SERVICES from any liability in this regard.

4.2.4.2 Customs fees

The Customer also undertakes to read and comply with all obligations imposed by the partner airline, as well as by the airports and countries of departure, arrival, and transit, with regard to customs and import regulations in force.

The Customer acknowledges and agrees that:

– NIWAKI SERVICES will not be able to advance customs fees,

– no refunds for orders can be made,

– that luggage must be collected directly from the customs authorities in cases where customs fees are requested and the customs authority retains all or part of the luggage.

The Customer acknowledges and accepts that NIWAKI SERVICES shall not be held liable in such cases, particularly in the event of customs charges being invoiced, as any disputes can only be raised with the relevant customs authorities.

ARTICLE 5 – OBLIGATIONS AND LIABILITY OF NIWAKI SERVICES

5.1 Regarding access to the Site and the Application

NIWAKI SERVICES undertakes to implement the appropriate human and material resources to operate the Website and the Application in such a way as to ensure continuous access to the Services. In this respect, NIWAKI SERVICES is only bound by an obligation of means.

Therefore, NIWAKI SERVICES is not responsible for any temporary difficulties or impossibilities in accessing its Services that may arise from, but are not limited to:

– circumstances beyond its control (including partial or total failure of the Customer’s servers);

– interruption of the Services due to telecom operators or Internet service providers;

– intervention by the Customer, in particular through incorrect configuration applied to the Services;

– a case of force majeure.

In the event of difficulties affecting the functioning of the Site and the Application, NIWAKI SERVICES undertakes to make every effort to restore the continuity of the functioning of the said Site. However, given the complexity of the technical chain implemented, NIWAKI SERVICES cannot guarantee the complete continuity of the functioning of and access to the Site and the Application.

Use of the Site and the Application is not covered by any specific service guarantee. In the event of a malfunction, NIWAKI SERVICES reserves the right to temporarily suspend access to its Services for technical or maintenance reasons, without such operations giving rise to any right to compensation. NIWAKI SERVICES undertakes to make every effort to limit such interruptions.

Under no circumstances shall NIWAKI SERVICES be liable for any damage resulting in whole or in part from a breach by the Customer of its own obligations, damage resulting from use of the Site and the Application that does not comply with the conditions set out in these GTC, or indirect or unforeseeable damage that may result from the use or operation of all or part of the Site.

5.2 Regarding the Services

5.2.1 Obligations of NIWAKI SERVICES in connection with the baggage registration and/or delivery Service.

NIWAKI SERVICES shall take all appropriate measures to ensure the provision of the Services under optimal conditions, including the use of subcontractors.

NIWAKI SERVICES is responsible for returning the entrusted luggage in its original condition and limited to the following cases: normal wear and tear from transport (scratches, scrapes, chips, etc.) that does not affect the use of the suitcase.

As proof, the Company may present photos taken at the time of collection and delivery.

NIWAKI SERVICES is responsible for the transport of the luggage between collection and delivery to the airport facilities. It cannot be held responsible for damage, loss, or theft occurring outside of this stage.

NIWAKI SERVICES is responsible for transporting the luggage between collection from the airport baggage carousel and delivery to the Customer. It cannot be held liable for any damage, loss, or theft occurring outside of this stage.

5.2.2 NIWAKI SERVICES’ obligations in connection with the service of searching for and delivering luggage/items left on board

NIWAKI SERVICES will make every effort, within the framework of an obligation of means, to locate the baggage/item left on board. The Customer cannot claim any obligation of result.

If, at the end of a period of thirty (30) days from the date of the order, the baggage has not been found, the contract shall be terminated automatically, without further formalities, and the Parties shall be released from their obligations.

5.2.3 NIWAKI SERVICES shall in no event be held liable for any damage or loss of any kind in the event that the non-performance or poor performance of all or part of the Services is attributable either to the Customer, or to the unforeseeable and insurmountable actions of a third party to the contract, or to a case of force majeure.

Similarly, NIWAKI SERVICES shall not be liable for damage to luggage when such damage results from the nature or inherent defect of the luggage itself. If the goods contained in the Customer’s luggage cause damage to another person or to NIWAKI SERVICES, the Customer shall compensate NIWAKI SERVICES for all losses suffered and expenses incurred as a result.

NIWAKI SERVICES is not liable for pre-existing damage or normal wear and tear (in particular scratches, minor tears, or broken zippers caused by overloading the luggage).

As proof, NIWAKI SERVICES may use the photos taken at the time of collection and delivery.

5.2.4 With regard to Customers acting in a professional capacity, NIWAKI SERVICES cannot under any circumstances be held liable for any indirect and/or immaterial damage or loss, such as, but not limited to, damage to image, loss of opportunity, profit, income, turnover, data, customers, or orders suffered by the Customer when accessing and using the Services. The Customer also expressly waives any recourse against NIWAKI SERVICES and its insurers and undertakes to obtain the same waiver from its own insurers. The Customer undertakes to obtain from its own insurers a guarantee for NIWAKI SERVICES and its insurers against any recourse brought against them for facts inherent in the Customer’s use of the Services.

In the event that NIWAKI SERVICES is held personally liable for any reason whatsoever, its liability shall be strictly limited to ONE HUNDRED AND FIFTY EUROS (€150) per piece of luggage for all damage to luggage and its contents attributable to any operations resulting from loss or damage and for any consequences that may result from the performance of the Services.

For all other damage, including in the event of a delay in delivery due to NIWAKI SERVICES, duly noted, the compensation owed by NIWAKI SERVICES shall be strictly limited to the amount of the service that caused the damage, which is the subject of the contract.

ARTICLE 6 – FORCE MAJEURE

NIWAKI SERVICES shall not be liable for the partial or total non-performance of its obligations under the Services if such non-performance is caused by an event constituting force majeure.

For Customers acting in a professional capacity, the following events constitute force majeure:

–  war (whether declared or not), hostilities, invasion, acts of foreign enemies, widespread military mobilization;

– civil war, riot, rebellion and revolution, military coup or usurpation, insurrection, acts of terrorism, sabotage or piracy;

– monetary and trade restrictions, embargoes, sanctions;

– lawful or unlawful acts of public authority, compliance with any law or government order, expropriation, seizure of works, requisition, nationalization;

– plague, epidemic, natural disaster, or extreme natural event;

– explosion, fire, destruction of equipment, prolonged disruption of transport, telecommunications, information systems, or energy supplies;

– general labor unrest such as boycotts, strikes and lockouts, go-slows, occupation of factories and premises;

– cyberattacks.

ARTICLE 7 – DURATION – TERMINATION IN THE EVENT OF BREACH – FATE OF LUGGAGE NOT RETURNED DUE TO THE CUSTOMER’S FAULT

7.1 Duration

The contract shall remain in force for the duration of the Service ordered by the Customer.

7.2 Termination in the event of breach

In the event of serious breach or repeated breaches by either party of its contractual obligations, and after a period of fifteen (15) days following a formal notice, mentioning this termination clause, which has remained without effect, sent by registered letter with acknowledgment of receipt, the other party may terminate the contract without notice or compensation by sending a registered letter with acknowledgment of receipt terminating the contract.

Furthermore, NIWAKI SERVICES may suspend or terminate the Customer’s access to the Services in the event of a breach by the Customer of any of its essential obligations, without this entitling the Customer to any refund of the price of the Services concerned and without prejudice to any damages that NIWAKI SERVICES may claim from the Customer.

The Customer’s essential obligations are:

– payment of the price,

– not providing NIWAKI SERVICES with incorrect and/or incomplete information,

– complying with rules relating to security and baggage handling,

– not engaging in illegal or fraudulent activities or activities that infringe on the safety rights of third parties, undermine public order, or violate applicable laws and regulations.

It is expressly understood that this termination for breach of an essential obligation shall take place automatically, with formal notice resulting solely from the failure to perform the obligation, without any summons or formalities.

7.3 Fate of baggage not returned to the Customer through their own fault

7.3.1 Baggage check-in and/or delivery service

The Customer is informed and accepts that at the end of the period mentioned in Articles 1.5.1 and 1.5.2 above, baggage that could not be delivered through the Customer’s fault will be handed over to the partner airline, so that NIWAKI SERVICES will be released from all its obligations, in particular the custody of baggage.

7.3.2 Service for locating and forwarding luggage/items left on board

The Customer is informed and accepts that at the end of a period of thirty (30) days from the reconciliation of the baggage, if this has occurred, luggage that cannot be delivered due to the Customer’s fault, in particular in the event of refusal or failure to pay or failure to collect or receive the delivery of the luggage, will be handed over to the partner airline, so that NIWAKI SERVICES will be released from all its obligations, in particular the obligation to store the luggage.

ARTICLE 8 – PRE-CONTRACTUAL INFORMATION

The Customer acknowledges having received, prior to booking, in a legible and comprehensible manner, these GTC and all the information and details referred to in Articles L111-1 to L111-7 of the Consumer Code, and in particular: (i) the essential characteristics of the Service, taking into account the communication medium used and the Service concerned, (ii) the price of the Services and related costs (e.g., delivery); (iii) in the absence of immediate performance of the contract, the date or deadline by which the Service Provider undertakes to deliver the Service, (iv) information relating to the identity of the Service Provider, its postal, telephone and email contact details, and its activities, if these are not apparent from the context, (v) information relating to legal and contractual guarantees and the terms and conditions for implementing them, (vi) the functionalities of the digital content and, where applicable, its interoperability; (vii) the possibility of resorting to conventional mediation in the event of a dispute; (viii) information relating to the right of withdrawal (not applicable in this case), the costs of returning the Products (not applicable given the nature of the Service), the terms and conditions of termination, and other important contractual conditions.

ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS

The Website and Application, trademarks (including the “DIRBY” trademark), and Services presented therein are protected by intellectual property rights and/or other rights belonging to NIWAKI SERVICES or its third-party partners, which it is authorized to use. Any reproduction, representation, extraction, or reuse of all or part of the Website and the Application, in whole or in part, in any manner and by any means whatsoever, of one or more elements comprising it (including the DIRBY trademark and/or its logo, alone or in combination) is prohibited without prior authorization from NIWAKI SERVICES.

Failure to comply with the above requirements constitutes an act of counterfeiting that may result in criminal and/or civil liability for the perpetrator, and NIWAKI SERVICES reserves the right to take legal action against the perpetrator.

No hypertext link to the Website and the Application may be implemented without the express prior written consent of NIWAKI SERVICES.

ARTICLE 10 – CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

10.1 NIWAKI SERVICES ensures the confidentiality of the personal data entrusted to it in accordance with the legal and regulatory provisions in force. The information collected by NIWAKI SERVICES is subject to computer processing intended to enable the management of the Services accessible via the Website and the Application.

10.2 The conditions for processing the personal data of users and Customers are defined in the NIWAKI SERVICES privacy policy, which can be accessed in its GDPR policy.

10.3 NIWAKI SERVICES does not have access to the user’s password or credit card number.

10.4 All payments related to the Site and the Application are encrypted.

ARTICLE 11 – APPLICABLE LAW AND JURISDICTION

11.1 These GTC are subject to French law.

11.2 If the Customer is a merchant, any dispute relating to the validity, interpretation, or execution of these Terms and Conditions shall fall within the jurisdiction of the courts of Paris, notwithstanding multiple defendants or the introduction of third parties, even for emergency or protective proceedings, in summary proceedings, or by petition.

11.3 If the Customer is acting as a consumer within the meaning of the Consumer Code, they may bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where they were residing at the time of conclusion of the contract or the occurrence of the harmful event.

11.4 In the event of a dispute arising from the interpretation or execution of these GTC, the electronic data stored on the Site and the Application shall be deemed to be proof of use of the Services, unless proven otherwise. This electronic data therefore constitutes admissible, valid, and enforceable evidence against Customers under the same conditions and with the same probative force as any document that would be drawn up, received, or stored on paper.

ARTICLE 12 – MEDIATION

In accordance with the provisions of Articles L 611-1 et seq. of the French Consumer Code, if no amicable agreement can be reached in a consumer dispute after sending a written complaint to NIWAKI SERVICES customer service, the Customer, in their capacity as a consumer, may refer the matter free of charge to the consumer mediator responsible for NIWAKI SERVICES, subject to compliance with the conditions of admissibility of their request as set out in Article L 612-2 of the Consumer Code: Paris Commercial Court.

Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2012, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

ARTICLE 13 – SEVERABILITY OF CLAUSES

13.1 The invalidity, nullity, lack of binding force, or unenforceability of any provision of these GTC shall not affect the validity, nullity, binding force, or enforceability of the other provisions, which shall remain in full force and effect.

13.2 The fact that NIWAKI SERVICES does not invoke any of the clauses herein at a given time shall not constitute a waiver of its right to invoke those same clauses at a later date.

ARTICLE 14 – LEGAL NOTICES

14.1 This Website is published by NIWAKI SERVICES, a simplified joint stock company with capital of €1,000, registered with the Paris Trade and Companies Register under number 853 413 359, whose registered office is located at 30 rue Beaubourg, 75003 Paris.

VAT number: FR70853413359.

Email: customercare@check-me.aero

14.2 The website is hosted by Nimu, 18 rue du docteur Arnaudet   , 92190 Meudon.

VAT number: FR77922465398

Email: admin@nimu.fr

14.3 For any account deletion or other request, please send us a request to the following address:

By post: NIWAKI SERVICES – 30 rue Beaubourg – 75003 PARIS

By email: customercare@check-me.aero