Terms and conditions of use

Legal Mention

The site www.nicolas.com is edited by the NICOLAS establishments of Société Anonyme with a capital of 1.921.152 euros, registered in the trade and companies register of Créteil under the number SIREN 542 066 238, headquartered in Thiais (94320), 1 Rue des Oliviers – address of the electronic courier: service-clients@nicolas.com

The person in charge of the publication is Monsieur Eudes MORGAN.

The site is hosted by the company ALTIMA, headquartered in Roubaix (59100), 33 Rue Dupliex.

These General Conditions of Use govern access and use of the Site and are intended to define the terms and conditions of use of the Site.

Definitions

In the General Conditions of Use, the words or expressions mentioned below have the following meanings:

“Graphical charter”: designates the creations relating to the general structures of the site.

“General Conditions of Use” or “GCU of the website”: designates the conditions of use of the website www.nicolas.com.

“Contents”: designates the particular brands, logos, domain names, graphics, photographers, still or moving images, sounds, texts, data, product descriptions whether audio and/or visual.

“Site”: designates the site Nicolas.com accessible by the URL www.nicolas.com or another URL that could be substituted for it.

“User”: designated any person that visits one or more pages on the site.

“Cookies”: designates information filed on your hard drive by the site server visited. These are tracers deposited and read when on a website. It contains a lot of data: the name of the server which deposited it, an identifier in the form of a unique number, possibly an expiration date.

Acceptance and modification of the General Conditions of Use

Access and use of the Site are subject to the acceptance and compliance with these General Conditions of Use.

By browsing the site, whatever the technical means of access or the terminal used, the user is presumed to know the GCU and accept the terms without reservation.

These GCU apply, as required, to any variation or extension of the site on existing or future social and/or community networks.

These GCU can be modified at any time by the company NICOLAS (hereinafter NICOLAS) due to the evolving nature of the site which may be object to change particularly with the addition of new functions or by deleting or modifying certain functions.

It is therefore advised to the user to refer, before any browsing, to the latest version of the GCU of the website which accessible whenever on the site.

Access to the Site


The site is freely accessible by any user with internet access. All costs associated with accessing the site, whether its material costs, logistics or internet access are the sole responsibility of the user.

Intellectual Property

The site www.nicolas.com taken as a whole, as well as every element that composes it taken independently, in particular the specific programs and developments, and the contents including brands, logos, domain names, graphics, photographs, still and moving images, sounds, texts, data, product descriptions whether visual and/or audio are the property of the company NICOLAS or third partied who have licensed it.

Any total or partial representation on the site or on of the elements that composes it without expressed authorization from the company NICOLAS is forbidden and would constitute a sanctioned infringement by articles L.335-2 and following the Code of Intellectual Property.

The database on the site is protected by articles L.341-1 and following the Code of Intellectual Property, and any qualitatively or quantitatively substantial extraction or reuse of content of databases is sanctioned.

The brands and the logos on the sire are trademarks registered by the company NICOLAS, for which it has required the rights.

Any reproduction, imitation or usage, in whole or in part, of these distinctive signs without express authorization and in violation of the prohibitions provided in articles L.713-2 and following the Code of Intellectual Property engages the responsibility of their author.

The other distinctive signs, in particular the company names, trade names, signs, domain names reproduced on the site is the property of the company NICOLAS or third parties that have acquired the rights at any reproduction without express authorization is susceptible to constitute an usurpation engaging the responsibility of their author on the basis of article 1382 of the civil code.

Responsibility of the User

All hardware and software necessary for the access and use of the site remains the sole responsibility of the user, who remains solely responsible for the proper functioning of their equipment as well as their access to the internet. It is therefore up to them to take any appropriate measures to protect their data, informatics systems and/or software from contamination by possible viruses. The user is solely responsible for the way they use the site.

Responsibility of NICOLAS

NICOLAS implements all reasonable means to ensure a quality access to the site. The site is accessible 24/7 except in the case of a force majeure or the occurrence of an event that NICOLAS can’t control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site.

NICOLAS, in addition, can’t be held responsible for any dysfunction of the network and/or the servers or any other event beyond its control which prevent or degrade access to the site.

NICOLAS reserves the right to interrupt, suspend momentarily or modify without notice access to all or part of the site, in order to carry out maintenance, or for any other reason, without the interruption giving rise to obligation or compensation of any kinds.

Applicable Law and Competent Jurisdiction

The GCU are subject to French law. Any dispute related to interpretation, validity and consequences of the GCU and in the absence of a prior amicable solution, only the Courts of Paris will be competent.

Personal data while browsing

While browsing and in particular while placing an order, as defined in the GTC, we collect personal data, information such as your address (invoicing and delivery when they are different, your surname, first name, date of birth, telephone number and bank card number in the case of payment by bank card.
Personal data or registered names collected are necessary for the use of services on the site and/or the management of your order by NICOLAS and its service providers.
All of this collected data will be processed in accordance with Law No.78-17 of January 6, 1978 called « computing and freedom », amended by Regulation 2016/679 of the European Parliament and the Council of the 27 of April 2016 known as the General Regulation on the Protection of Data (RGPD), you have the rights to access, interrogate and the right to rectify, update and erase any data that concerns you as inaccurate, incomplete, ambiguous or outdated, or whose collection is prohibited, as well as a right to objection under Article 21 of Regulation 2016/679, or opposition of the use of data for prospecting in particular commercial purposes, 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 it for the establishment, exercise or defense of your legal rights.
You also have the right to the portability of data reported actively and consciously when creating your account as well as all the data generated by the activity of your loyalty account.

Data Retention Period

-Identification data (surname, electronic address etc.): 3 years from the last date of connection to the site.
-Order data: 3 years from the date of your order
-Prospect data: 3 years after the date of your last activity on the site
-Connection log: 1 year of each connection
Cookies: 13 months from their deposit on the computer or terminal of consultation on the site.

Policy for the use of cookies

1. Application fields

This policy applied to cookies. On our internet pages, we use Cookies, which consist of small files of text which are saved in your computer or portable device when you visit on of the internet pages.

2. Definition of Cookies

A cookies is a piece of information put onto your hard drive by the server of the site visited. These are registered tracers and read when viewing a website. It contains a lot of data: the name of the server which it was deposited on, an identifier in the form of a unique number, possibly an expiration date.

3. Purpose of cookies on the site

In order to best serve you and improve browsing on their site, Nicolas uses cookies technology. These give you a browsing experience which is personalized for each of your visits and to measure the audience of their site Nicolas.com.


4. The use of cookies by Nicolas

Cookies have the following uses on our site:

a) Cookie to measure the audience

This cookie is only used to provide anonymous statistical data of attendance (the number of pages viewed, the number of visits, the frequency of return etc.…). This cookie is installed if you continue browsing the Nicolas.com site.


b) Favorite store cookie – geolocation

In order to select your favorite store you can either: Accept the banner offering you the installation of a geolocation cookie. This allows to give you the closest Nicolas store to your geolocation, or- choose your favorite store from the drop-down menu, a personalized cookie so your next visits will remember your favorite store.


5. The retention period of data collected by cookies.


The data collected by cookies is conserved for a maximum duration of 13 months from your first visit to the site. Thus, cookies automatically uninstall from your computer after 13 months


6. Management of Cookies

It is possible for you to delete cookies from your computer at any time following the modalities mentioned below. We inform you that if you delete the cookies which were installed onto your computer, you will have to select your favorite store again in order to be able to optimally access the Nicolas.com site. It is equally possible for you to choose to block the installation of cookies onto you computer directly from your browsing settings. In this regard you will find more information on the procedure by clicking on the following link: https://www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser However, it is worth noting that your experience of browsing on the site could be limited.

The procedure to delete them is different depending on the browser.

On Google Chrome, you can find the procedure to follow at the following address:
https://support.google.com/chrome/answer/95647?hl=fr
On Mozilla Firefox, you can find the procedure to follow at the following address:
https://support.mozilla.org/fr/kb/activer-desactiver-cookies
On Internet Explorer, you can find the procedure to follow at the following address:
http://windows.microsoft.com/fr-fr/windows7/block-enable-or-allow-cookies
On Safari, you can find the procedure to follow at the following address
http://safari.helpmax.net/fr/securite-et-confidentialite/gestion-des-cookies.


 

Creating a web account

When ordering for the first time, the customer can create a personal account by giving their email and a password. The customer can fill in contact details (civility, surname, first name, date of birth, address, email address, telephone number) in the form “Create an Account”. These identifiers will be requested for all reservations made on the Nicolas.com site. Customers are solely responsible for their password. They alone will face the consequences of use by any third party that may have been aware of it. The creation of an account authorizes the Nicolas establishments to use the email address or mobile number to communicate all the information concerning their reservations or orders. The customer is invited to accept the general conditions of sale, after having read them, by checking a box.
The customer will not receive any communication by email or SMS except for the order confirmation.

 

Deleting a web account

The customer can ask for the deletion or anonymization of their account on request by completing the contact form on Nicolas.com and by selecting in the drop down menu “right to be forgotten” or “right to modification”. The company NICOLAS tries to process requests within a reasonable amount of time

GCU of the "Privilege Card"

Last update : 17th/01/2022

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 ticking the corresponding boxes in the NICOLAS PRIVILEGE card membership registration area on www.nicolas.com (when creating an account or linking to your NICOLAS PRIVILEGE 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 PRIVILEGE 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 by writing to NICOLAS FIDELITE - 1 rue des Oliviers, 94 320 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 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 24 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".