GENERAL CONDITIONS OF SALE FOR THE CLICK AND COLLECT SERVICE
last update : 8th/03/2022
The following conditions of sale are concluded, on the one hand, by the company Etablissements Nicolas, a public limited company with a capital of 1,921,152 euros, whose headquarters are located 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 called "CUSTOMER" wishing to make a purchase via the NICOLAS.COM website associated with a CLICK AND COLLECT service in shops.
The Professional Customer according to these GTC is defined as any customer, natural or legal entity who is registered in the trade or employment register, who contracts for purposes that do not fall within the framework of his commercial or professional activity, i.e. the transaction that he carries out with Etablissements Nicolas does not have as aim the resale to his final customers within the scope of his activity. The professional Customer being assimilated as part of the contractual relation to a non-professional as defined in the preliminary article of the Consumer Code. The Professional Customer undertakes not to trade in products purchased on the NICOLAS.COM website and collected in shop via the CLICK AND COLLECT service.
Ordinance 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 people of legal age. Consequently, the Customer acknowledges that it has the legal capacity to conclude this contract.
The abuse of alcohol is dangerous for your health and should be consumed in moderation.
The purpose of these general conditions of sale is to establish the contractual provisions between Nicolas and the Customer as well as the conditions applicable to any purchase made on the NICOLAS.COM website with a CLICK AND COLLECT service in a NICOLAS shop participating in the click and collect service in mainland France and Monaco.
The acquisition of a good through this method of payment and service implies unreserved acceptance by the Client of the present general conditions of sale.
Therefore, the Customer undertakes to read these general terms and conditions of sale and to accept them before placing its order and paying for it. They are invited to keep a copy.
NICOLAS has the right to modify these general terms and conditions of sale at any time. The later applicable are those in force on the date of the order by the Customer.
DESCRIPTION OF THE NICOLAS CLICK AND COLLECT SERVICE
Click and collect is a service set up by NICOLAS for its customers. It allows the customer to buy directly on the nicolas.com website products availables in store, and then to collect the order in the shop of his choice within 3 days.
1/ CREATING AN ACCOUNT
When ordering for the first time, the customer must create a personal account by indicating his e-mail and a password. The customer must fill in his personal information (title, surname, first name, date of birth, address, e-mail address, phone number) in the "ACCOUNT CREATION" form. These login details will be requested for all orders placed on the NICOLAS.COM website.
It is specified that the customer 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 authorises NICOLAS to use the customer's e-mail address or mobile phone number to communicate any information concerning their reservations or orders.
The customer is invited to accept the present general conditions of sale after reading them by ticking the dedicated box.
2/ PRODUCTS ELIGIBLE FOR THE CLICK AND COLLECT SERVICE
The items eligible for Click and Collect, and the shops that offer it, are identified by the words "AVAILABLE IN STORE".
3/ HOW CLICK AND COLLECT WORKS
The customer will be able to proceed with Click and Collect 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 modalities indicated in 1/
- The customer must choose the NICOLAS shop from which they wish to collect their order at the delivery method stage. Once the shop has been selected, the customer will have access to the details, days and opening hours of the chosen shop
- Once the order has been registered, the customer can view the order with the products, quantity and price, options, as well as the Click and Collect modalities
- A confirmation or refusal to process the Click and Collect order will be sent to the customer by e-mail within 3 hours, subject to the shop's opening days and hours
- In the event of unavailability of the product(s), the order may be cancelled unilaterally
- If the Customer has used its privilege card when placing a Click and Collect order, the loyalty points will be credited within 3 days.
4/ PRODUCT PRICES
Product prices include all taxes, 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. The prices of the products include, besides product prices, the handling and packaging costs of the products.
The prices invoiced are those in force on the day of the order and appearing on the order confirmation sent by e-mail to the customer.
5/ PAYMENT OF THE ORDER
The payment of the order is made directly on the nicolas.com website. The invoice will be made available on the customer area once the order has been collected by the customer and confirmed by the wine merchant.
6/ METHODS OF PAYMENT
Payment for purchases is made by credit card only.
In view of the increase in fraud recorded in e-commerce and in order to secure payments, for any order placed by a customer on the NICOLAS.COM website, ETABLISSEMENTS NICOLAS will check the elements of the order before it is collected from the shop.
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 validating his order, to be at least 18 years old. ETABLISSEMENTS NICOLAS has the right to ask the customer for a copy of a valid ID document which will confirm the majority of the Customer; this age confirmation will also be carried out in the shop. In cases where ETABLISSEMENTS NICOLAS makes this request of the Customer, the failure to present a valid ID document will result in the cancellation of the order by ETABLISSEMENTS NICOLAS.
ETABLISSEMENTS NICOLAS has 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.
8/ IN-STORE COLLECTION
Upon confirmation of the click and collect in the selected shop, the customer must come to the shop within 3 days, within the limit of the shop's opening days and hours. At the end of this period, the products will be put back on sale and the customer will be automatically refunded.
When collecting the order, the customer must go to the store with the order confirmation and an ID document.
9/ RIGHT OF WITHDRAWAL
Délai de rétractation
Non-professional customers have a withdrawal period of fourteen (14) days from the date of collection of their order in the shop to return the product they have chosen in clickandcollect, for exchange or reimbursement without penalty, by completing the withdrawal form.
Click here to download the withdrawal form.
10/CONDITIONS FOR EXCHANGE AND RETURN FOR REFUND
In the event of an exchange or return for refund, the items must be returned to the shop intact, unopened and in perfect condition, within  days. They must be in a condition to be re-sold.
11/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 in accordance with article D.213-1 of the Consumer Code.
The computerised registers, stored in NICOLAS' computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
The information collected on the Customer is subject to computer processing and is essential for the handling and execution of the order, the purchase and the discount. The data collected includes: the Customer's surname and first name, company name (if applicable), phone number and/or e-mail 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:
- The IP address
- Type of operating system used
- 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 is processed in particular for the following purposes: management of orders/purchases, follow-up and payment, anti-fraud verification, management of complaints if necessary.
To this end, the data may be communicated to third parties. The 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 the 6th of January 1978, as amended, and the General Regulation on the Protection of Personal Data (EU) 2016/679 of the 27th of 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, by sending a written request to the following address: email@example.com or by post to: ETABLISSEMENTS NICOLAS, addressed to Mr. Laurent VIE - Data Protection Officer - 1, rue des Oliviers -94320 THIAIS.
The present general conditions of sale are subject to French law. Any dispute relating to the interpretation or execution of these terms and conditions shall, in the absence 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 have recourse to the mediation service for consumer disputes by sending your complaint by e-mail to our designated mediator: Mr Jean PIZZIO, Trade and Distribution Ombudsman - FCD, 12 rue Euler - 75 008 PARIS in order to seek an amicable settlement.
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.>Télécharger les CGV