The following conditions of sale are concluded, on one hand by Etablissements Nicolas, a public limited company with a capital of 1,921,152 euros, headquartered at 1 rue des Oliviers 94320 Thiais, registered in the Créteil Trade and Companies Register under SIREN number 542 066 238, hereinafter referred to as "NICOLAS".
And on the other hand, by any natural or legal entity wishing to make a purchase via the remote payment service of Nicolas, hereinafter known as "the Customer".

LEGAL INFORMATION

Order n°59-107 of the 7th of January 1959 and the law of the 5th of July 1974 prohibit the sale and offer of alcoholic beverages to minors and similar persons. The order and purchase of alcoholic products is limited to legal age individuals. Thus, the Customer acknowledges that it has the legal capacity to conclude this contract.

Alcohol abuse is dangerous for your health and should be consumed in moderation.

PURPOSE

The purpose of these general terms and conditions of sale is to establish the contractual provisions between Etablissements Nicolas and the Customer as well as the conditions applicable to any purchase made by telephone with remote payment by the Customer.


The acquisition of a good through this method of payment implies an unconditional approval by the Customer of the current general conditions of sale.


Therefore, the Customer undertakes to read these general terms and conditions of sale and to accept them before ordering and paying for the goods. He is invited to keep a copy.


NICOLAS may change these general terms and conditions of sale at any time. The general terms and conditions of sale applicable are those in force on the date of the order by the Customer.

DESCRIPTION OF THE TELEPHONE PURCHASING SERVICE WITH REMOTE PAYMENT

The telephone purchase service with remote payment is a service set up by NICOLAS for its customers enabling them to order and purchase one or more items directly from a shop by telephone, depending on stock availability. This service is intended for customers residing in mainland France in participating stores.

The items available for this service are those listed in the catalogue published on the Nicolas.com website.
When the Customer chooses the telephone purchase service with remote payment, the articles ordered are taken directly from the stock of a NICOLAS shop. These items are therefore offered within the limits of stocks available in the shop.

In accordance with article L111-1 of the French Consumer Code, the Customer may before ordering consult the main characteristics of the articles on the nicolas.com website. Pictures in the catalogue are as accurate as possible but cannot ensure perfect similarity.

PRICES

The prices are in euros including VAT, taking into account the VAT applicable on the day of the order.

Any change in the rate may be reflected in the price of the articles. NICOLAS has the right to modify its prices at any time, knowing that the price appearing in the catalogue and the order form on the day of the purchase will be the only one applicable to the Customer.

Prices are valid only for mainland France.

Shipping costs and formalities are entirely at the customer’s expense.
 

ORDERS

In order to benefit from remote payment when ordering, the Customer is required to contact a store offering this service (information available on the NICOLAS.com website).

The Customer is expected to provide the necessary information for the execution of his order (such as, his surname, first name, delivery address (if applicable), billing address, valid email address, telephone number if applicable).

After the shop has checked the availability of the products, the Customer will be sent an order form by email (including in particular the date of the order, the quantity, the characteristics and the reference of the products ordered, the billing and delivery address, the means of payment, the unit and total price including VAT, costs and indicative delivery time) allowing him to check the accuracy of his order before confirmation by clicking on a link/box.

If they notice an error or wish to modify the order, it is their responsibility to contact the shop that took the order to make the necessary corrections before validation. A new order form taking into account the new request will be sent to the Customer by email, requiring validation by clicking on a link/box.

After approval, the Customer will be invited to proceed to payment. Therefore, they will receive an electronic payment link valid for a period of 24 hours.

Once the payment has been made, a confirmation of the transaction and the order will be sent by email.

The Customer will receive the original invoice when the order is handed in at the store or when it is delivered to the address provided.

The order form sent by electronic means does not constitute an invoice.

CONTROL OF ORDERS

Considering the increase of frauds recorded in e-commerce framework and in order to secure payments, for any order made by a Customer via the remote payment service, NICOLAS may control the elements of the order before delivery.

In application of article L 3342-1 of the public health code, prohibiting the sale of alcohol to minors under the age of eighteen (18), the Customer undertakes, by approving his order, to be at least 18 years old. NICOLAS has the right to ask the customer for a copy of a valid ID document that will confirm the customer's majority.

In cases where NICOLAS makes this request to the customer, the failure to present a valid ID document will result in the cancellation of the order by NICOLAS.

NICOLAS reserves the right not to accept an order for a legitimate reason. This legitimate reason may correspond to a suspicion of fraud linked to the abnormality of the order.

Every order will in any case be fulfilled within the limits of available stocks.

PAYMENT

Payment of purchases is made via a universal payment link sent electronically by the company PayTweak, which is responsible for secure remote payment.

The payment link has a limited validity period of 24 hours from the date of issue.

All VISA and MASTERCARD bank cards are accepted.

In the event that, for any reason whatsoever (including opposition, refusal or other), the payment due by the Customer would be impossible, NICOLAS has the right to suspend or cancel any order.

DELIVERY, SHIPMENT AND DELIVERY TIME OF THE ORDER

The delivery to the store or the dispatch of the order, depending on the Customer's choice, will be made after receipt of full payment by NICOLAS.

The delivery times and costs will be calculated at the time of the order by the shop according to the destination, the quantity and the availability of the products.

NICOLAS undertakes to deliver the orders made by the Customer within the specified time limits. If these articles have not been delivered within 3 days of the delivery date specified in the order, and if this delay is not linked to a case of force majeure, the Customer may cancel the sale by sending a registered letter with acknowledgement of receipt to the following address Etablissements Nicolas - Customer Service - 1 rue des Oliviers - 94320 Thiais. The sums paid by the Customer will then be fully refunded.

The indicative delivery time for French customers is as follows:

- France: 3 working days

The Customer has a period of 30 working days from the date of dispatch of the order to report the non-reception and request the cancellation of the sale and the refund of the items. After this period, no cancellation of the sale will be accepted.

The Customer is expected to check the good condition of the items delivered. Any anomaly noticed (missing item, damaged package, broken item, etc.) must be indicated within 3 days to Nicolas, following receipt.

CIRCUMSTANCES BEYOND OUR CONTROL

NICOLAS cannot be held responsible for loss, damage, mistakes or failure of delivery if it is established that there are circumstances beyond its control.


By "circumstances beyond our control", we are referring in particular to:

- Unforeseeable circumstances or force majeure, such as: natural disasters (such as earthquakes, cyclones, storms, floods), wars, road, rail and air accidents, embargoes, total or partial strikes, fire or any other event as defined by French positive law;

- Any defect or feature related to the nature of the shipment even if it was known at the time of our approval;

- Any act, failure or negligence of a third party, e.g. the addressee, any interested third party, any customs employee or other administration, postal services, any carrier or other third party to whom the consignment is entrusted by our transport provider to deliver areas not directly covered by him, even if the sender has not requested or been informed of the involvement of a third party.

CONSEQUENTIAL DAMAGES

In case of non-compliance with our commitments and whatever the cause, NICOLAS will only be responsible for refund of the service and in any circumstances for consequential damages that the Client may claim. These consequential damages and losses include any loss of income, profits, interests or markets and any loss due to the impossibility of using all or part of the shipment.

BREAKAGE DURING SHIPMENT

If a package arrives at the recipient's home damaged (breakage of the bottle(s)), the recipient must refuse the package or express reservations on the delivery note or, failing that, the invoice to be sent to the carrier within 3 days.

The wine merchant will inform NICOLAS. After receiving this information, NICOLAS undertakes to immediately reship an identical package to the recipient. Under no circumstances may the Customer claim a refund of the product and the delivery charge.

RIGHT OF WITHDRAWAL: REFUND AND RETURN

Withdrawal period

Customers, natural persons and non-professionals, have a withdrawal period of fourteen days from the delivery of their order to return the product to NICOLAS for exchange or refund without penalty, and without return costs.

Click here to download the withdrawal form

Notification of the withdrawal right and its consequences

According article L221-21 of the French Consumer Code, in order to exercise his right of withdrawal, the Customer must notify NICOLAS of his decision to withdraw before the expiry of the 14-day period following receipt of the order. The notification shall be done by using the withdrawal form available on the nicolas.com website or by any unambiguous statement expressing his wish to withdraw.

The customer must return the goods through [his own means and/or with Nicolas' partner carrier]. The wine merchant will acknowledge receipt of the returned goods. We strongly recommend you to return the products in their original packaging, as we can only take back products that are returned in their entirety (e.g. box with accessories), all of which must be intact and in good condition.

Return costs are at the customer's expense. The Customer will be reimbursed in full (all sums paid including delivery costs with the exception of any return costs) as soon as possible and no later than 14 days after the date on which they exercised their right of withdrawal under condition of receiving the order. The refund will be made by the same method of payment.

The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being the first of these events.
Some products and services cannot be subject to a right of withdrawal, according to the provisions of article L221-28 of the French Consumer Code.
In particular, supplies of goods made to the consumer's requirements or clearly personalized.

CONDITIONS OF EXCHANGE AND RETURN FOR REFUND

In the event of an exchange or return for refund, the items must be returned to the store intact, unopened and in perfect condition, within [30] days. They must be in a condition to be sold again.

In the case of a return by carrier, the Customer must make the return via [a carrier partner of Nicolas].

If the Customer were to return items by another method, bearing the cost of return, they would not be eligible for any refund or exchange from Nicolas.

The Customer must keep the proof of deposit of the package with the provider in charge of the return. In the absence of this proof, no exchange or refund can be made in the event of loss of the package.

PROOF AND ARCHIVING

Any contract concluded with the Customer corresponding to an order of more than 120 euros including VAT will be archived by NICOLAS for a period of ten (10) years according to article L213-1 of the French Consumer Code.

The computerized registers, kept in NICOLAS' computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

DATA PROTECTION

Information collected on the Customer is subject to computer processing and is essential for the handling and execution of the order, purchase and delivery. The data collected includes: Customer's first and last name, company name (if applicable), telephone number and/or email address, and a delivery/billing address.

In addition, in order to verify and guarantee the security of the transaction, the following personal data is collected during the transaction:

- IP address

- The type of operating system used

- The type of device used

- The type of browser used

- The plug-ins installed on it

- The approximate geolocation of the BUYER from his IP address at the time of the click

- Information on the internet service provider

Personal data are processed in particular for the following purposes: management of orders / purchases, follow-up and payment, anti-fraud verification, management of complaints if necessary.

For this purpose, the data may be communicated to third parties. Customer's personal data is not transferred outside the European Union.

Personal data is kept for the duration of the contractual relationship, and then 6 months after the contract has expired.

In accordance with the French Data Protection Act of 6 January 1978 amended and the General Regulation on the Protection of Personal Data (EU) 2016/679 of 27 April 2016, you have the right to access, rectify, delete and oppose the processing of your data, as well as the right to erasure and portability.To exercise these rights, the customer should send a written request to Cabinet d'avocats POGGI, Anne-Sophie Poggi, Avocat à la Cour, 33 avenue de l'Opéra, 75002 Paris, aspoggi@poggiavocats.com, appointed Data Protection Officer (DPO)..

DISPUTES

These general conditions of sale are governed by French law. Any dispute relating to the interpretation or execution of these terms and conditions shall, in the failure of an amicable solution, be referred to the competent courts.

In the event of difficulties, we invite you to seek an amicable solution by contacting our Customer Service beforehand. Any request or claim must be made to NICOLAS - Customer Service - 1 rue des Oliviers, 94320 THIAIS.

If you are not satisfied with the answer provided by Customer Service, you may refer to the mediation service for consumer disputes by sending your complaint by email to our mediator: Mr Jean PIZZIO, Trade and Distribution Ombudsman - FCD, 12 rue Euler, 75 008 PARIS in order to request an amicable settlement.

LEGAL WARRANTIES

Refunds for products considered non-conforming or defective will be made as soon as possible after the seller has established the lack of conformity or the hidden defect. The refund will be made by using the same payment method than the one use by the customer for the initial transaction;

NICOLAS warns the customer about the characteristics of the products sold and about the fact that wine is a living material which requires the respect of certain storage conditions such as the control of temperatures, luminosity and hygrometry as well as the removal of harmful or toxic substances (bad smell, hygiene…), the buyer must take all the necessary measures for its good conservation. .

NICOLAS cannot be held responsible for the defective nature of the product if it is proven that these conditions have not be respected. The customer may choose between repairing or replacing the good, depending on the cost conditions set out in Article L.217-9 of the Consumer Code.