Last update : 15th/11/2022

ETABLISSEMENTS NICOLAS is a public limited company with a capital of 1.921.152 euros, registered in Créteil Trade and Companies register under number B 542 066 238, headquartered in Thiais (94320), 1 Rue des Oliviers.

The NICOLAS privilege card is a free privilege card. The NICOLAS privilege card is not a payment card.

It is offered exclusively to people aged 18 and over, on request, in NICOLAS outlets participating in the loyalty program or on the website www.nicolas.com.

The Professional customer according to the present General Conditions of Use is defined as any customer, natural person or legal entity who is registered in the trade register or in the employment register, who contracts for purposes that do not concern his commercial or professional activity, which means that the transaction that he carries out with NICOLAS is not intended for resale to his customers in the context of his activity. The professional customer is considered within the contractual relationship as a non-professional as defined in the introductory article of the Consumer Code. The Customer who is the beneficiary of the NICOLAS PRIVILEGE card undertakes not to sell products purchased in NICOLAS stores and on the nicolas.com website.

The list of NICOLAS outlets participating in the operation can be modified and consulted at any time on the website www.nicolas.com.

Conditions for obtaining the NICOLAS Privilege Card

The NICOLAS privilege card is free and strictly personal. It cannot be given away. It is issued in the name of a natural person of legal age and may under no circumstances be used by a minor.

NICOLAS reserves the right to modify at any time the subscription conditions of the NICOLAS privilege card as well as the advantages or services offered to subscribers.

NICOLAS also reserves the right to accept or refuse the subscription of the NICOLAS privilege card by any applicant, as well as to withdraw the card from the cardholder in case of non-fulfilment of the holders’ obligations towards NICOLAS and/or its partners (in particular loaning the card to a third party), without compensation. Any fraudulent usage of the card results in the exclusion of the cardholder from the benefit of the card.

Registration for the NICOLAS privilege card program

The Customer may subscribe to a physical privilege card or a dematerialised privilege card.

For the physical privilege card, the Customer will collect it from his wine merchant. To activate the NICOLAS PRIVILEGE card, the customer must go to the website www.nicolas.com in the section “My privilege area” in order to complete the membership form with the following elements: card number, surname, first name, company name, email, and password, address, date of birth.

For the dematerialised privilege card, the Customer will obtain it after completing the membership form on the website “www.nicolas.com” with the following information: card number, surname, first name, company name, email and password, address, date of birth.

The membership validation period is 60 days from the first visit to the store. If the membership validation is not carried out within the time limit, it will no longer be usable and all points that have been accumulated will be deleted.

As a reminder, no minors can subscribe to this Nicolas privilege program.

Personal data protection

Personal data protection

The implementation of the “NICOLAS Privilege” program has been declared to the C.N.I.L. “Commission Nationale sur l’Informatique et les Libertés” (the French Data Protection Agency). In accordance with Law No 78-17 of the 6th of January of 1978 known as the “Data Processing and Liberties Act”, amended by the regulation 2016/679 of the European Parliament and Council of the 27th of April of 2016 known as the General Data Protection Regulation (GDPR).

Data collected

Some of the information in the membership registration area is compulsory in order to obtain the “NICOLAS PRIVILEGE” card:

- Company name
- Company address
- First name, surname and date of birth
- Phone number, email

Other optional information may be requested later. Their lack of indication will not prevent you from benefiting from the advantages of the “NICOLAS PRIVILEGE” program. However, they will allow us to offer you benefits that are better suited to your wishes and needs, for commercial management and prospecting purposes.

Recipients

The data collected is intended to be processed by Etablissements Nicolas, as well as by its subcontractors listed below:

- SPLIO
- SYMAG
- GOWENTO

Purpose of processing

By checking the corresponding boxes in the NICOLAS PRIVILÈGE Card membership area on www.nicolas.com (when creating an account or linking to your NICOLAS PRIVILÈGE Card), you acknowledge that you have agreed to receive commercial proposals, information by e-mail, SMS and/or any other electronic communication means.

Location and duration of the data conversation

All personal data collected (see Data collected and Purpose of processing) is hosted in mainland France. The personal data relating to you will not be kept beyond the period strictly necessary for the management of the commercial relationship, i.e. 3 years from the last transaction with your NICOLAS PRIVILEGE card.

Exercise of rights

You have the right to access, query and a right to rectify, update, delete all data concerning you that would be inaccurate, incomplete, equivocal or outdated, or whose collection would be prohibited, as well as a right of opposition under Article 21 of Regulation 2016/679, or to object to the use of data for prospecting purposes, particularly commercial, to the limitation of processing when you have objected, when you dispute the accuracy of the data, when the processing is unlawful or when you need to for the establishment, exercise or defense of your legal rights.

You also have the right to the portability of the data actively and consciously declared at the time of the creation of your account as well as all the data generated by the activity of your loyalty account.

These rights can be exercised, either through the following contact form: https://www.nicolas.com/fr/contact.html or by writing to NICOLAS FIDELITE - 1, rue des Oliviers 94320 THIAIS

Modalities of using the NICOLAS privilege card program

Modalities

Every purchase in one of the stores participating in the loyalty program or on www.nicolas.com entitles you to points according to the following scale: 5 euros of purchase = 1 point.

The accumulated points on the loyalty account are awarded to the holder at the checkout or on www.nicolas.com on presentation of the Nicolas privilege card.

The scale of points awarded is freely decided by NICOLAS who may, at any time and on its own initiative, modify it. Customers will be informed of the new scale in force by any means that NICOLAS deems useful, for example, by displaying it in the outlets participating in the loyalty program or through a letter addressed to cardholders.

The accumulation of points on your NICOLAS privilege card begins at your first purchase.

Your card has a number to identity the points movements made. The points obtained from purchases made in outlets participating in the loyalty program or on the nicolas.com website will be credited to your account immediately. You can check your “points balance” at any time on www.nicolas.com or in one of the participating NICOLAS stores.

If the purchase is carried out without presentation of the NICOLAS privilege card, no points will be awarded.

In the case of the return of products that have generated points on your account, the corresponding number of points will be debited from your NICOLAS card balance.

If you exchange a product that has generated points, the corresponding number of points will not be credited a second time.

On the 31st of January of each year, loyalty points acquired more than 18 months ago and not used will be deleted.

If the points are not used before this expiration date, they will be permanently deleted.

Once you have acquired a sufficient number of points, all you have to do is to go to one of the NICOLAS stores participating in the loyalty program and, upon presentation of your privilege card only, redeem your points for whatever you want in the store.

To find out the value of points in €, divide the number of points by 10. Example: 150 points = 15€.

This conversion has no contractual value, the conditions of granting and value of points may be modified unilaterally by ETABLISSEMENTS NICOLAS.

Points are convertible on the entire market value of one or more products, it is not possible to make a financial compensation. The conversion is made on prices excluding promotions.

Under no circumstances can points be converted into cash.

The purchase of a gift card (which is a method of payment) does not give rise to the accumulation of loyalty points;

The gift card holder/beneficiary accumulates loyalty points when using the card if he/she has subscribed to the PRIVILEGE program.

The sale, purchase, brokerage, resale, barter or exchange of NICOLAS points is strictly prohibited. In this case, NICOLAS reserves the right to take any judicial action enabling it to defend its interests.

For any appeal, you can send a letter to NICOLAS FIDELITE - 1 rue des Oliviers, 94 320 THIAIS.

Outlets participating in the loyalty program can ask you to prove your identity. In absence of such proof, the store can refuse to grant you the advantages of the loyalty program.
 

Data Modification

Change/accuracy of data: any change of address, name or any other necessary information must be notified by direct modification on the website www.nicolas.com under the section “loyalty area” by logging in with your email address and password.

The member guarantees the accuracy of all information provided and will be solely responsible for incorrect, incomplete or outdated information. If you want to return you NICOLAS privilege card, you can send your card to us with your instructions to the following address: NICOLAS FIDELITE - 1 Rue des Oliviers, 94320 THIAIS.

If you want to delete your account, you can do so in your “loyalty space” on www.nicolas.com under the section “termination”.

Loss, theft or damage: in the event of loss or theft of a privilege card, the customer must declare the loss to their wine merchant or delete their card from their customer space. Once the loss declared, the card will be cancelled. The customer will also have to collect a new card from a store, without activation, and indicate the new number within 10 days of collecting the new card, in the “link my card” section of his loyalty space. The customer does not have to activate this new card beforehand in order to link it. Points from the former card will be transferred to a new privilege card only if the name of the cardholder is identical on both cards.

The customer will be able to ask the number of his former card in any participating Nicolas stores or at the loyalty service.

In the event of a lost or stolen card, the card issuer is released from any responsibility and the accumulated benefits remaining on the card once the deactivation is effective will be transferred to the new card, as soon as the customer has declared the loss or theft according to the described above.

If the customer does not declare his lost or stolen card or delays in taking the necessary steps, NICOLAS cannot be held responsible for the points debited before the declaration of loss or theft of the NICOLAS privilege card concerned.

NICOLAS declines all responsibility in the event of fraudulent or abusive use of the card or violation of the General Conditions of Use.

In addition, NICOLAS reserves the right to initiate any action it deems useful in event of abusive or fraudulent use of the privilege card.

Other conditions

It may be decided at any time to modify or supplement these General Conditions of Use. Likewise, the loyalty program may be shortened, interrupted or discontinued. These situations will be brought to the attention of the customer by any means deemed useful by NICOLAS.

In the case of termination of the NICOLAS loyalty program, the points acquired by the cardholder may be used for 18 months, from the last purchase made in one of the stores participating in the campaign. Beyond that, they will be definitively lost.

The General Conditions of Use are subject to French law. Any dispute relating to the execution and/or interpretation of these conditions will be brought before the courts of CRETEIL (France).

GENERAL CONDITIONS OF USE FOR THE E-RESERVATION SERVICE

The following General Conditions of Use, hereinafter referred to as "GCU", are applicable to private individuals (natural persons with the capacity to contract, aged over 18, living in mainland France), hereinafter known as "the customer", wishing to benefit from the "E-reservation" service on NICOLAS.COM.

DESCRIPTION OF THE NICOLAS E-RESERVATION SERVICE

The e-reservation is a service set up by NICOLAS for its customers. It allows the customer to book a product in stock in the store of his choice for free.

1/ CREATING AN ACCOUNT

When ordering for the first time, the customer must create a personal account by indicating his email address and a password. The customer must fill in their personal details (title, surname, first name, date of birth, address, email address, phone number) in the "ACCOUNT CREATION" form. These user ID will be requested for all reservations made on NICOLAS.COM.
It is specified that the client is solely responsible for his password. They alone shall bear the consequences of its use by third parties who may have had knowledge of it. The creation of an account allows NICOLAS to use the customer's email address or phone number to communicate any information concerning their reservations or orders.
The customer is invited to accept the present General Conditions of Use after having read them by ticking the dedicated box.

2/PRODUCTS ELIGIBLE FOR E-RESERVATION

The items eligible for e-reservation, and the shops that offer it, are identified by the mention "Available in store".

3/ ONLINE RESERVATION

The customer will have the possibility to book online via the NICOLAS.COM website - When browsing the NICOLAS.COM website, the customer must log in to their account or create a customer account according to the instructions indicated in 1/.
- The customer must choose the NICOLAS store from which they wish to reserve their order. Once the shop has been selected, the customer will have access to the contact details, days and opening hours of the chosen shop.
- Once the reservation has been registered, the customer will be able to view his reservation with the products, quantity and prices, options, as well as the terms and conditions of the shop reservation
- A confirmation or refusal to process the reservation will be sent by email to the customer within 3 hours, depending on the opening days and hours of the store.

4/ PRODUCT PRICES

Products prices are inclusive of all taxes. The prices of the products include, in addition to product prices, the costs of handling and packaging of the products.
The prices invoiced are those in force on the day of the reservation and appearing on the reservation confirmation sent by email to the client.

5/ IN-STORE PICK-UP - IN-STORE PURCHASE

Once the reservation has been confirmed in the selected shop, the customer must go to the shop within 48 hours, depending on the store's opening days and hours. At the end of this delay, the products will be put back on sale.
When picking up the order, the customer must come to the store with the order confirmation and an ID card.

6/ PAYMENT OF THE ORDER

The payment of the order is made in the shop when the customer collects the goods, according to the payment methods accepted by the selected shop (cash/cheque/CB). Upon payment, an invoice or a ticket will be given to the customer as proof of purchase.

7/ CLAIMS

Please refer to the paragraph "Amicable settlement of disputes".