1) INITIAL STATEMENT

The customer acknowledges that he has read through the following general conditions of sale.
Validation of your order form by clicking on "validate my order" is equivalent to full and complete acceptance of these general conditions of sale. After clicking on acceptance, the order is considered irrevocable and cannot be challenged.

2) APPLICABLE LAW

The www.nicolas.com website established on French territory is subject to French law. Any order involves, automatically and by right, your adherence to our general conditions of sale. These general conditions of sale are governed by French law, with regard to substance and form.

3) LEGAL INFORMATION

- MINORS AND LEGAL COMPETENCE

Order # 59-107 of January 7, 1959 and the law # 74-631 of July 5, 1974, prohibit the sale and supply of alcoholic beverages to minors and similar categories. Consequently by filling the order form you acknowledge having the legal competence to enter into this contract.

- C.N.I.L. RIGHT OF ACCESS TO FILES

In accordance with the provisions of Law n° 78-17 of January 6, 1978, the www.nicolas.com website is subject to a declaration to the National Commission of Data Processing and Liberty. Pursuant to the law on Data Processing and Liberty, the information required from you is essential to the processing of your order and is solely intended to be used by the NICOLAS company.
You have the right of access, modification, deletion and correction in relation to your personal data. You may, through us, receive offers from other companies. If you do not wish to receive these offers, simply write to us, indicating your name, first names, address and any customer number.

 To exercise this right you must contact us :

1. By mail at ETS NICOLAS - NICOLAS.COM - 2, rue du Courson, Sénia 109 - 94517 THIAIS CEDEX - FRANCE ;
2. By e-mail at www.nicolas.com, with proof of your identity.

- ALCOHOL ABUSE

Alcohol abuse is dangerous to your health ; consume in moderation.

4) PACKAGING UNIT

Bearing in mind the constraints of shipping and handling, we remind you that orders must be by box (or boxes) of 1, 2, 3, 6 or 12 bottles (excluded gift boxes).

5) SATISFACTION GUARANTEED OR YOUR MONEY BACK

If, in spite of all the care we take in selecting our wines, the product you have bought does not give you complete satisfaction, you can return it within 7 days of delivery, in its original packing, and at your own expense to:
ETS NICOLAS - Service NICOLAS-WINES.com
2, rue du Courson - Sénia 109
94517 THIAIS CEDEX (FRANCE)

specifying whether you would like an exchange or a refund.

6) PRICES

Our product prices, inclusive of tax, are listed in Euros, and do not include shipping charges. They are applicable for the duration of validity of the NICOLAS FRANCE electronic catalog, in which rates are periodically updated.

Shipping charges, custom taxes and formalities are the exclusive responsibility of customers.

7) DELIVERY

7.1- Conditions

Products ordered are delivered to the address indicated by the customer. Packages will be forwarded to the addressee via our regular carrier, or in any event by a carrier of our choice.
The customer is advised to check the state of the packaging, as well as the contents of the package(s) at the time of delivery, and to check that quantities and items tally with the information on the order form. The signature on the delivery receipt will be equivalent to acceptance by the customer.
The customer is advised to inform "ETABLISSEMENTS NICOLAS" of any shipment damages within 48 hours of receipt of the package.

7.2- Delivery times

Metropolitan FRANCE :

The average delivery time for standard service is 48/72 hours from receipt of the order.
The delivery time for express service is 24 hours from receipt of the order.

Nota. From December 15th to January 15th, delivery time is 5 days maximum.

Nous ne livrons pas les DOM-TOM.

EUROPEAN UNION: 4 working days
OTHER COUNTRIES: variable depending on destination (maximum 15 days)

Except in cases of force majeure, delivery times will be those indicated above, within the limits of available stock.

These times are exclusive of Saturdays, Sundays and French public holidays. All orders will be processed Monday through Friday until 2:00 PM, except on French public holidays. This period is guaranteed, and non-compliance may result in a refund.
For standard service, deliveries are made Monday through Friday (except for public holidays).
For express service (France), deliveries are made Monday through Friday (except for public holidays).

Late delivery :

We will do our best to deliver your shipment within our usual delivery times. However, if we were unable to fulfil this condition we must inform you that under no circumstances may you claim a refund on the product from Nicolas. Only delivery charges, subject to the reservations indicated in paragraphs 7.3 and 7.4, can be the subject of a refund.

7.3- Circumstances beyond our control

We cannot be held responsible for losses, damage, errors or non-delivery of a shipment if the existence of circumstances beyond our control has been established. The term " circumstances beyond our control", is intended to refer, in particular, to :

• - Accidental circumstances or emergencies, in particular: earthquakes, hurricanes, storms, floods, wars, traffic accidents, train and plane accidents, embargoes, etc.
  
• Any faults or peculiarities associated with the nature of the shipment even though we were aware of this at the time of our acceptance.
  
• Any defective or careless act of any third party such as: the shipper, the recipient, any interested third party, any customs employee or any employee of any other administration, the postal service, any freight company or other third party to whom the shipment may have been entrusted by our carrier, in order to service areas not directly serviced by itself, even if the sender has not asked for, or been informed of, this recourse to a third party.

Likewise, we are not responsible for any damage caused by electric or magnetic phenomena and/or for the deletion of electronic or photographic images or recordings.

7.4- Consequential damages

In the event of breach of our obligations, whatever the cause, Nicolas will be solely responsible for refunding the delivery charges, subject to the reservations stated above (Late Delivery), and under no circumstances for any consequential damages claimed by a customer. These consequential damages and losses are understood in particular to refer to any loss of income, profits, interest or contracts, and any loss associated with the impossibility of using all or part of the shipment.

7.5- Breakage during shipment

If a package reaches the recipient in damaged condition (broken bottle(s)), the recipient must refuse the package. The carrier will be responsible for informing Nicolas. On receiving this information, Nicolas undertakes to immediately re-ship an identical package to the recipient. Under no circumstances will the customer be able to demand a refund of the product and delivery charges.

7.6- Product availability

All the products are available from stock. However, given the specific nature of the products offered, we are not always able to restock from our suppliers. Our supply is therefore understood to be within the limits of available stock, subject to the aforementioned exceptions.

We generally update our database of products on a regular basis. However, the products displayed as available may sometimes have become unavailable at the time your order is processed. Consequently, the customer expressly relieves "NICOLAS" of all liability regarding the constraints mentioned above.

If the products ordered are available, your order is processed within 3 working days, and delivered within a time period of no more than 15 days, depending on the destination.

If the products ordered are not available at the time of processing your order but can be restocked, they will be sent to you as soon as they come into stock.

If the products ordered are not available at the time your order is processed, and cannot be restocked, we will inform you of the situation by mail, e-mail or telephone.

As wine is a "live" product, if there is any interruption of stock, the unavailable product will be replaced by a product chosen from the range in stock. This substitute product will be selected from items of similar quality and price.

7.7- Deterioration of product quality

Under no circumstances will Nicolas will be held responsible for any deterioration of the quality of the products and their packing, caused during transportation.

7.8- Warsaw convention

If the shipment includes a final destination or stopover in a country other than the country of origin, the Warsaw convention can be applicable. In the event of damage outside French territory, then the said convention will govern the relationships between the customer and Nicolas.

7.9- Delivery address

If the package is returned to Nicolas marked "address incomplete" or "address incorrect", Nicolas undertakes to contact its customer and inform him of the situation, requesting additional information about the address or a new delivery address. The charges for re-shipping will be the responsibility of the customer. Obviously, in this situation the starting point of the new delivery time will be linked with Nicolas receiving the new information about the new address.

We do not dispatch in the hospitals and centers medicalized.

7.10- Delivery rates in Euros, taxes inclusive

Nota. From December 15th to January 15th, delivery time is 5 days maximum.

Caution ! We do not go up the goods in the floors !

8) BILLING - PAYMENT

Payment for your purchases is accepted either on-line with a bankcard or by sending a check. Company orders will be invoiced. The customer's account will only be debited for the amount of the products ordered and actually delivered. The customer guarantees to NICOLAS that he has any authorization required for using the method of payment chosen by him, when validating the purchase order. For payment by card, the stipulations relating to the fraudulent use of bankcards for payment are applied.

To concerned safety, for the orders with consequent amounts (more than 500 € for France, more than 300 € for Europe), we are authorized to re-credit the corresponding sum and to ask to carry out the payment by credit transfer. In all the cases, the customer will be contacted and informed of this step.

9) SECURE ORDERING

In order to optimize the security of INTERNET transactions, a system of on-line payment (Cybermut) is offered to the customer. This allows the encryption of all data relating to your order (including your name, address and credit card number), so that the information that you send us is protected during the transmission.

In addition, the encryption means and services used to make the transactions secure was the subject of a declaration or authorization pursuant to the legislation in force.

10) ORDER CANCELLATION

In order to be taken into consideration, any request to cancel an order must reach us before the products are shipped. The minimum time for notifying us is 24 hours before the shipping date of packages. This cancellation must be made by mail, fax or telephone.

11) CLAIMS

You can submit a claim in the event of loss (incorrect delivery), or damage occurring during shipment:
This claim must be filed with us within 30 (thirty) days of the date your order was accepted, and it must be sent by registered mail with acknowledgement of receipt to the following address: Nicolas - Nicolas-wines.com - 2, rue du Courson, Sénia 109 - 94517 THIAIS CEDEX - FRANCE.

12) LIABILITY

ETABLISSEMENTS NICOLAS will not be held liable in cases of breach of contract, interruption in stock or product unavailability, force majeure, and, more specifically, in cases of all-out or partial strikes, flood, fire or other natural catastrophes and, in general, any event preventing satisfactory execution of the order.

13) ELECTRONIC SIGNATURE

The "OK" associated with the process of authentication, non-repudiation and protection of message integrity, constitutes an electronic signature. This electronic signature is the equivalent of a handwritten signature between the parties.

14) PROOF

The electronic files, stored under reasonably secure conditions in the NICOLAS information processing systems, will be considered as proof of communications, orders and payments concluded between the parties.

15) SETTLEMENT OF DISPUTES

All contractual provisions as defined above are governed by French law. You may contact our customer service with regard to settling any dispute, and in the absence of an amicable solution, the Courts of CRETEIL will alone have jurisdiction.

Head Office : ETS NICOLAS S.A. - 2, rue du Courson - Sénia 109 - 94517 THIAIS CEDEX - FRANCE
VAT N° : FR 31 542 066 238
General Manager : J. Duley
Publishing Director : J. Duley
Provider : OVH
Concept & Design : Kahiloa Solutions & Communication http://www.kahiloa.com