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

Privilege Card GCU

The company ETS NICOLAS is a Société Anonyme with a capital of 1 921 152 euros, registered in the trade and companies register of Creteil under the number B 542 066 238 headquartered at 1 Rue des Oliviers 94 320 THIAIS.

The NICOLAS Privilege Card is a privilege card issued free of charge. The NICOLAS privilege card is not a payment card. It is given EXCLUSIVELY to people over the age of 18, on request, at NICOLAS points of sale participating in the loyalty program.

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


Conditions for obtaining a NICOLAS privilege card
 

The NICOLAS privilege card is free and strictly personal. It cannot be given away. It is established in the name of an adult and can in no way be used by a minor.

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

NICOLAS also reserves the right to accept or refuse subscriptions to the NICOLAS privilege card, as well as to take away the card from the holder in the case of non-fulfillment of the holders obligations towards NICOLAS and/or to its partners (in particular loaning the card to a third party) without compensation. Any fraud in the use of the card results in the exclusion of the card holder from benefitting from the card.


Registration for the NICOLAS privilege card program
 

To activate their card, the customer must go to the site www.nicolas.com in the section “My privilege area” in order to complete the file with the following elements: their card number, surname, first name, company name, date of birth, address, telephone number, email and password.

The membership validation period is 60 days from the latest visit to the store. If the membership validation isn’t carried out in this time, it will no longer by useable and all the points that have been accumulated will be deleted. As a reminder, no minors can subscribe to this Nicolas privilege program.

Some information on the membership area are compulsory for obtaining a privilege card, for example, email address. The other information asked is optional and you will not be prevented from benefitting from the advantages of the loyalty program if you do not give it. However, they allow us to give you advantages that are better adapted to your wishes and needs, for commercial management, prospecting and loyalty. As such, you are susceptible to receive offers or information from NICOLAS. By checking the corresponding box appearing in the membership area of the NICOLAS privilege card on www.nicolas.com, you recognize

-To accept the GCU
-Have agreed to receive your choice of commercial proposals, by email and/or SMS

NICOLAS will be able to transfer the data collected from clients having ticked the corresponding boxes of any company on which NICOLAS depends.

The implementation of the NICOLAS loyalty program has been declared to the C.N.I.L. “National Commission for Data Processing and Freedom”. The number of the declaration is 750112. Conforming to law No78-17 on the 6th January 1978 known as “data processing and freedom” modified by the regulation 2016/679 of the European parliament and Council on the 27th April 2016 known as the general regulation for data protection (GRDP), you have the rights for access, interrogation and a right to rectify, update or delete any data that concerns you as inaccurate, incomplete, equivocal or outdated, or whose collection is prohibited, as well as a right to opposition under Article 21 of the Regulation 2016/679, or the opposition of the use of data for prospecting purposes in particular commercial, restriction of processing when you have objected to it, when you contest the accuracy of the data, when the processing is unlawful or when you have the need to establish, exercise or defend you legal rights.
You also have the right to portability of data declared actively and consciously at the creation of your account as well as all the data generated by the activity of your loyalty account.


The purpose of the processing

By checking the corresponding boxes in the membership area of the NICOLAS privilege card on www.nicolas.com (during the creation of an account or use of your privilege card), you agree to receive your choice of email from promotional offers, product information, invitations to events, information on the exceptional hours of your store and/or by SMS, invitations to events and promotional offers.
 

The retention period of the data

Personal data will not be kept beyond the period strictly necessary for the management of the commercial relationship, namely 3 years from the last transaction with your privilege card.
These rights can be exercised in writing to NICOLAS FIDELITE -1 Rue des Oliviers 94320 THAIS or on www.nicolas.com by completing the contact form (right to modification and right to be forgotten)

NICOLAS privilege card operating procedure

Modalities

Any purchase in one of the stores participating in the loyalty program or on www.nicolas.com entitles you to points according to the scale presented in participating NICOLAS stores and on www.nicolas.com. The accumulated points on the loyalty account are allotted to the customer at check out in NICOLAS stores when they present their Nicolas privilege card.

Capitalization of points your Nicolas privilege card starts at your first purchase

Your card has a number that identifies movement of points made. Points obtained by purchases made at points of sale participating in the loyalty program will be credited to your account immediately. You can consult your “balance points” at any time on www.nicolas.com or in participating Nicolas stores.


On the 31 January every year, the points acquired more than 18 months ago and not used are deleted.

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

The customer can exchange their points for what interests them in the store.

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

In the case that something in the catalogue is unavailable, we will replace it with an item of the same value and similar characteristics.

Under no circumstances can the points be covered in cash.

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

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

In the event of return of products having generated points on your account the corresponding number of points will be debited from the balance of your NICOLAS card.

In the event of exchange of products having generated points on your account, the number of corresponding points will not be credited a second time.

The scale for awarding points is freely decided by NICOLAS, who can, at any time and with their own initiative, modify it. The clients will be informed of the new scale in force by any means that NICOLAS deems useful, for example, by posting at points of sale or by means of a letter addressed to cardholders.

For any appeal, you can address a courier to NICOLAS FIDELITE – 1, Rue des Oliviers 94320 THIAIS.
Points of sale participating in the loyalty program can ask you to prove you 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 anything that may be necessary must be notified by direct modification on the site www.niclas.com in the section “loyalty page” by logging in using their email 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 you 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 it at our “loyalty space” on www.nicolas.com in the section “termination”.

Loss, theft or damage: In the event of loss or theft of a loyalty card, the customer must declare this loss on the website www.nicolas.com in order to complete the section “Lost card” on their loyalty page. Once the loss is declared, the card will be cancelled. The customer will also have to collect a new card at a store, without activation, and indicate the new number within 10 days of collecting the new card in the section “link my card”. The customer doesn’t have to activate this new card beforehand in order to link it. The points on the former card will be automatically transferred onto the new one.

The customer will be able to ask for the number of their former card in any participating Nicolas store or on the loyalty service.

In the event of a lost or stolen card, the card issuer is released from any responsibility and the cumulative benefits remaining on the card once the deactivation is effective will be carried over to the new card once the customer has declared the loss or theft by respecting the process described above.

If the customer doesn’t declare the card lost, stolen or delayed in completing procedures, NICOLAS cannot be held responsible for the debited points 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 loyalty card.
 

Other conditions

It may, at any time, be decided to modify or supplement the general conditions of use. Likewise, the loyalty program may be shortened, interrupted or stopped. These situations will be brought to your attention by any means deemed useful by NICOLAS.

In the case of termination of the loyalty program, the points acquired by the card holder can be used for 24 months from the last purchase from one of the participating stores. Beyond that, they will be permanently lost.

The General Conditions of Use form an indivisible whole, inseparable from the special conditions appearing on the NICOLAS membership form.

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

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