The firm ETABLISSEMENTS NICOLAS, 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, whose headquarter is located at 1 Rue des Oliviers 94320 Thiais, offers a loyalty card intended for professional customers: the “NICOLAS BUSINESS” card.

It is reserved EXCLUSIVELY for Professional Customers defined for the purposes of these terms and conditions as: any legal entity, able to prove this status by presenting a KBIS or registration in the trade register or employment register, on simple request, in the NICOLAS outlets participating in the "BUSINESS" program, within the last 3 months.

The Professional customer according to the present GCU 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 professional customer commits to not trading products purchased on the NICOLAS.COM website.

The "NICOLAS BUSINESS" card allows the cardholder to benefit from specific advantages when making retail purchases in one of the participating stores of the NICOLAS network as well as on nicolas.com when he contracts for purposes that do not concern his commercial or industrial activity.

The business activity in the stores and on the nicolas.com website is intended for retail sales and excludes any sales to Professional Customers that could be considered as wholesale sales. As such, NICOLAS has the right to check orders that could be considered as wholesale sales, to not accept, cancel or take any other measure relating to the granting of advantages linked to membership and use, for a legitimate reason. This legitimate reason may correspond in particular to a suspicion of fraud or violation of the general conditions of membership or use of the NICOLAS BUSINESS card.

The list of NICOLAS outlets participating in the campaign is accessible at any time on the website www.nicolas.com. It can be modified at any time by NICOLAS. This card is only available in mainland France and Monaco. The "NICOLAS BUSINESS" card is not a payment card.
 

Conditions for obtaining the “NICOLAS BUSINESS” card

The “NICOLAS BUSINESS” card is free and specifically dedicated to Professional Customer. Only people of legal age may be assigned with a dematerialized card; it can only be created by the manager for associates of legal age.

NICOLAS reserves the right to modify at any time the subscription and usage conditions of the “NICOLAS BUSINESS” card, as well as the advantages offered to subscribers.

NICOLAS also reserves the right to accept or refuse the subscription of the “NICOLAS BUSINESS” card by any applicant, as well as to withdraw the card from the cardholder in case of non-fulfilment of the obligations of the cardholder 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 “NICOLAS BUSINESS” program.

Personal data protection

Personal data protection

The implementation of the “NICOLAS BUSINESS” 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”, 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 BUSINESS” card:

- Company name
- Company address
- First name, surname and date of birth of the company representative
- Phone number, email of the company or business representative.

Other optional information may be requested later. Their lack of indication will not prevent you from benefiting from the advantages of the “NICOLAS BUSINESS” 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 ticking the corresponding boxes in the NICOLAS BUSINESS card membership registration area on www.nicolas.com (when creating an account or linking to your NICOLAS BUSINESS card), you acknowledge that you have agreed to receive commercial proposals, information by email, SMS and/ or any other electronic or postal 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 BUSINESS card.
 

Exercise of rights

You have the right to access, query and correct, update, erase any data relating to you that are inaccurate, incomplete, equivocal or outdated, or whose collection would be prohibited, and a right of objection under article 21 of the Regulation 2016/679, or to oppose the use of data for prospecting purposes, including commercial, to the restriction of processing when you have objected to it, when you dispute the accuracy of the data, when the processing is unlawful or when you need to establish, exercise or defense of your legal rights in court. You also have the right to the portability of data actively and consciously declared when creating your account as well as all the data generated by the activity of your loyalty account.

These rights can be exercised in writing to NICOLAS BUSINESS - 1 rue des Oliviers, 94 320 THIAIS.
 

Modalities of using the "NICOLAS BUSINESS" card
 

As soon as you present your “NICOLAS BUSINESS” card, any purchase in one of the stores participating in the “NICOLAS BUSINESS” program or on www.nicolas.com will entitle you to discounts, with the exception of products in limited stock and delivery charges, and according to the current scale at the time of the purchase. The scale of discounts and products in limited stock that are not included in the general terms and conditions of membership of the card (Appendix 3) may be modified.

In addition to the scale of privileged discounts, the “NICOLAS BUSINESS” card will allow the cardholder to accumulate points for each purchase, in a store or on the nicolas.com website, for which the card is presented. These points will be credited to the privileged account of the NICOLAS BUSINESS cardholder.

If payment of purchases is made without presentation of the NICOLAS BUSINESS 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 BUSINESS card balance. If you exchange a product that has generated points, the corresponding number of points will not be credited a second time.

The accumulation of points on your "NICOLAS BUSINESS" card begins at your first purchase. 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 (see General Conditions of Use of the Nicolas Loyalty card).

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. If the NICOLAS BUSINESS card is removed, the points held on the privilege cards and acquired during sales made with the NICOLAS BUSINESS card will also be deleted.

Once a sufficient number of points have been acquired, the “NICOLAS BUSINESS” cardholder can simply go to one of the stores participating in the program and, upon presentation of the card, to redeem their points for whatever they wish in the store.

To find out the value of points in €, simply divide the number of points by 10. Example: 150 points = 15€. This conversion has no contractual value and may be modified unilaterally by the company ETABLISSEMENTS NICOLAS. The scale of points awarded is freely defined by NICOLAS, which may, at any time and at its own initiative, modify it. This scale can be consulted on the nicolas website: GCU of the Privilege Card.

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 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.

Outlets participating in the NICOLAS BUSINESS program may ask the cardholder to prove their identity and their relation to the customer holding the NICOLAS BUSINESS account. In the failure of such proof, the store may refuse to grant the cardholder the advantages related to the NICOLAS BUSINESS program.

For any appeal, you can send a letter to NICOLAS BUSINESS - 1 Rue des Oliviers, 94320 THIAIS.

Data modification
 

Any change of address, name/denomination/company name or any other information that may be necessary must be notified by direct modification on the “www.nicolas.com” website in the “My Space” section by logging in using your email address and password. The Customer guarantees the accuracy of all information provided and will be solely responsible for any incorrect, incomplete or outdated information.

If the customer wishes to return their “NICOLAS BUSINESS” card, they can send us their card with their instructions to the following address: NICOLAS BUSINESS - 1 Rue des Oliviers, 94320 THIAIS.

If the customer wishes to delete their account, they can do so in the “My Space” section on “www.nicolas.com”, “My Company card” tab.

In the event of loss or theft of one or more NICOLASS BUSINESS cards, the customer must declare the loss to their wine merchant or delete their card from their customer space. Once the loss/theft is declared, the card will be cancelled. The customer must request a new card to NICOLAS BUSINESS service, without activation, and indicate the new number within 10 days of collecting the new card, in the “link my card” section. The customer does not have to activate this new card beforehand in order to link it. The benefits of the former card will then be automatically transferred to the new one.

NICOLAS declines all responsibility in the event of fraudulent or abusive use of the card or violation of these general conditions of use. In addition, NICOLAS reserves the right to initiate any action it deems useful in case of abusive or fraudulent use of the Business 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 Business program, the advantages 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.

These General Terms and Conditions of Use of the “NICOLAS BUSINESS” card form an indivisible and inseparable whole with the General Terms and Conditions of Membership.

The subscription to the NICOLAS BUSINESS card entails acceptance of all these conditions, which have contractual value and of which the subscriber acknowledges having been informed.

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