General conditions of sale
The general conditions of sale are concluded on one hand of the company NICOLAS DIRECT, SARL with a share of capital of 122.000 euros, headquartered at 1 Rue des Oliviers 94320 Thiais, registered on the register of trade and companies of Creteil under the number SIREN B 343 093 464 hereinafter referred to as “Nicolas Direct” and on the other hand, by any adult wishing to make purchase via the NICOLAS website hereinafter referred to as “the Customer”.
Object of the contract
The general conditions of sale are intended to establish the contractual provisions between Nicolas Direct and the Customer and the applicable conditions of any purchase carried out through the Nicolas.com merchant site, for consumers. The acquisition of goods or a service through the site implies the customer has accepted, without reservation, to the conditions of sale.
Ordinance No 59-107 of the 7th January 1959 and the Law No 74-631 of the 5th July 1974 prohibits the sale and offer of alcoholic drinks to minors. Consequently, by completing your order form, you acknowledge that you have the legal capacity to enter into this contract.
NICOLAS DIRECT collects personal data concerning the buyer as well as, if applicable, that of the recipient of the order, all the data collected is necessary to process your order and are intended for the services of NICOLAS DIRECT. Personal data is processed in accordance with the law No 78-17 of the 6th January 1978 modified to be known as “data processing and freedom” and the regulation 2016/679 of the European Parliament and Council of the 27th April 2016 known as the general regulation for data protection (GRDP). You have the right to access and interrogation, and the right to rectify, update and delete any data that is concerning you as inaccurate, incomplete, equivocal or out of date, or whose collection would be prohibited, as well as a right to opposition under Article 21 of Regulation 2016/679, or opposition to the use of data for prospecting, in particular commercial purposes, restriction of processing when you have opposed to it, when you contest the accuracy of the data, when the treatment of it is illegal or when you need it for the establishment, exercising or defense of your legal rights. You also have a right to the portability of your data.
Exercise of these rights must be done by:
- By a mail of Nicolas Direct – web service – 1 rue des Oliviers 94320 Thiais;
-By the form available on the page: https://www.nicolas.com/en/contact.html by choosing the subject of your demand with the right that you wish to exercise.
Alcohol abuse is dangerous for your health. Consume in moderation.
Characteristics of the items on sale
The items proposed appear in the public catalogue on the Nicolas.com site. These items are offered within the limits of stock availability. Each item is accompanied with a description by Nicolas.com. The photographs in the catalogue are the most realistic as possible but cannot ensure a perfect similarity with the proposed product.
Sales online or products presented in the site are reserved for buyers that live in metropolitan France.
The prices in the catalogue are prices including VAT in euros taking into account the VAT applicable on the day of the order; any tax change can be echoed in the price of the items. Nicolas reserve the right to modify the price at any time, it being understood that the price in the catalogue on the day of the order will be the only on applicable to the customer. The prices shown do not include order processing fees. The prices are only valid in metropolitan France.
Shipping charges, customer taxes and formalities are exclusively charged to the customer.
The customer places an order on the website “www.nicolas.com”. To purchase one or more items, they are obligated to follow the following order process:
-Choose the items and add them to the cart
- Validation of the contents of the cart
- Identification on the website and registration on the identification form, on which it will indicate all the requested coordinates.
-Choose a way of paying and accept the GCU
- Validate the payment.
The customer will receive an order confirmation email.
The customer can, at any time during the ordering process, view the details of their order as well as the total price and correct any errors, before confirming it in order to express acceptance.
Nicolas reserve the ownership of items until full payment of the order that is to say upon the receipt of price of order by NICOLAS DIRECT.
Nicolas reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order or a customer without the capacity to enter into a contract. Any order constitutes acceptance of price and descriptions of the items for sale
Nicolas is committed to honoring the order received on the website within the limits of stock availability.
Payment of purchases is made through one of the following means, at the convenience of the customer:
- by bank card
- by transfer*
- by PayPal
*Shipping will occur after the transfer.
Given the resurgence of fraud listed in the context of online commerce and on order to secure payments, for any order from a customer on the site NICOLAS.COM, NICOLAS DIRECT will check the elements of the order before delivery.
Pursuant of article L 3342-1 of the code of public health, prohibiting sale of alcohol to minors under eighteen (18) years old, the customer agrees, by validating their order, that they are over 18 years old. NICOLAS DIRECT reserves the right to ask the customer for a copy of valid ID which allows them to confirm the age of the customer. In the case where NICOLAS DIRECT makes this request to the customer, the lack of presentation of a valid form of ID will lead to cancellation of the order by NICOLAS DIRECT.
The company NICOLAS DIRECT reserves the possibility of unaccepting the order under legitimate reasoning. This legitimate reasoning can correspond with suspecting fraud relating to the abnormality of the order.
Any order will in any case be honored within the limits of stock availability.
Shipping and delivery times
Any express order placed and paid for on the Nicolas site before 12 o’clock on Monday to Friday (excluding weekends and public holidays) will be prepared and shipped on the same day, subject to validation of the payment.
Example: An express order placed on Friday before 12 o’clock is prepared on Friday and delivered on Monday. An express order placed on Friday after 12 o’clock is prepared on Tuesday and shipped on Wednesday. A standard order placed on Monday from 4 o’clock pm is shipped on Wednesday and delivered from Friday.
Nicolas agrees to deliver orders places by the customer on schedule. If the said items are have not been delivered within 7 days of the date of the expected delivery date when ordering, and if this overrun is not related to a case of force majeure, the customer can proceed to the resolution of the sale, by sending registered mail with acknowledgement of receipt to the following address: NICOLAS DIRECT – customer services – 1 Rue des Oliviers 94320 Thiais. The money paid by the customers will then by fully refunded
The delivery time for French customers is as follows:
- France: 2 to 5 business days
- European Union: 3 to 10 business days
- Other: 5 to 20 business days
The customer has 30 days from the dispatch date of the order to signal non-reception and ask for resolution of the sale and reimbursement of the items. Past this time, no resolution of the sale will be accepted. The customer is required to check the condition of the items delivered. Any anomaly observes (missing items, damaged packages, broken items…) will be obligated to indicate this to Nicolas within 3 days following receiving the order.
Circumstances beyond our control
We cannot be held responsible for losses, damages, faults or failure to deliver of a shipment once it is established that there are circumstances beyond our control. By “circumstances beyond our control”, it should be understood in particular:
- Fortuitous or force majeure events, namely in particular: earthquakes, cyclones, storms, floods, wars, road, train or airplane accidents, embargoes…
- Any faults or peculiarities related to the nature of the shipment, even if it would have been known to us at the time of our acceptance
- Any act, deficiency, or negligence of any third party, for example, the recipient, any interested party, any employee at customs or any other administration, the postal services, any transporter or other parties to whom the shipment would be entrusted by our transport provider, to serve areas not directly served by itself, even if the sender had not requested or been informed of the use of a third party
In the event of noncompliance with our commitments and whatever the cause, NICOLAS DIRECT will only be liable to reimbursement of the delivery service subject to the reservations set out above (Late Delivery) and in no case indirect damages that the customer would be come to invoke. These indirect damages and losses are understood in particular by any loss of income, profits, interests or markets and any loss related to the inability to use all or part of the shipment.
Breakage during shipment
If a package arrives damaged to the recipient (breakage of the bottle(s)), the recipient must refuse the package. The transporter will take care of informing NICOLAS DIRECT. At the reception of this information, NICOLAS DIRECT will resend a replacement package to the recipient. Under no circumstance can the customer ask for a reimbursement of the product and delivery package
Withdrawal Period: exchange and return
Customers, nonprofessional individuals, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to Nicolas for an exchange or reimbursement without penalty. The customer is responsible for return costs. The customer will be fully reimbursed as fast as possible and at the latest 14 days after the date on which they exercised their right to withdraw, subject to the receipt of the order.
Click here to download the withdrawal form.
Conditions of exchange and return for a refund
The returned items must be intact, unopened and in perfect condition. They have to be resent in a condition that is suitable for reselling.
The customer must carry out their return using a carrier of their choice and at their own expense.
The customer should keep the proof of deposit of the package from the service provider responsible for the return. In the absence of this proof, no exchange or reimbursement can be carried out in the event of a lost package.
Nicolas cannot be held responsible for non-performance of this contract, in the event of out of stock or unavailability of a product, force majeure and, in particular in the event of a partial or total strike, flood, fire or other natural disasters and generally any event that prevent proper execution of the order.
The « OK » associated with the authentication and non-repudiation procedure, and the protection of all messages constitutes an electronic signature. This electronic signature has the value, between the parties, of a handwritten signature.
Computerized registers, conserved in Nicolas’ computer systems in reasonable security conditions, will be considered proof of communication, orders and payments intervened between the parties.
Amicable settlement of disputes
The general conditions of sale above are governed by French law. In the event of difficulties in the application of the general conditions of sole, we invite you to find an amiable solution by contacting out Customer Service. If the response given by Customer Service is not satisfactory for you, you can resort to the mediation service for customer disputes by addressing your complaint by mail to our designated mediator: Ms Caroline ROULLAND,Head of Customer Service at firstname.lastname@example.org
Signed proof of delivery
We are committed to providing free of charge delivery tracking information by telephone. We will be able to provide proof of delivery signed by the recipient of your order. This option is chargeable and you will be billed 4, 50 euros VAT for the requested signed proof. You will receive it within 3 weeks from the date of the request and the payment of the amount due to Nicolas, by Carte Bleu, PayPal or transfer, for the signed proof.
Headquarters: NICOLAS DIRECT – 1 Rue des Oliviers 94320 Thiais
SIREN : 343 093 464
VAT No: FR18 343 093 464
Managing Director: Eudes Morgan
Director of the Publication: Eudes Morgan
General conditions of sale for THE CLICK AND COLLECT SERVICE
The general conditions of sale, hereinafter known as “GCU” are applicable to individuals (People with the capacity to enter into a contract, aged 18 plus, residents of metropolitan France) hereinafter known as “the customer” which to benefit from the service “click and collect” accessible via the section “click and collect” on the site NICOLAS.COM
DESCRIPTION OF NICOLAS’ CLICK AND COLLECT SERVICE
Click and collect is a service put in place by NICOLAS available to its customers, it allows a customer to freely reserve a product in stock at a store of their choice.
1/ CREATING AN ACCOUNT
When ordering for the first time, the customer must make a personal account by indicating their email and password. The customer must give their details (civility, surname, first name, date of birth, address, email address, telephone number) in the form “CREATE AN ACCOUNT”. These identifiers will be asked for all orders made on the site NICOLAS.COM. It is specified that the customer is solely responsible for their password. They will bear all the consequences of its use by a third party that may have been aware of it. Creating an account authorizes the company NICOLAS to use the customer’s email address or telephone number to communicate any information regarding their reservations or orders with them.
The client is invited to accept the general conditions of sale after having read them by ticking the corresponding box.
2/PRODUCTS ELIGIBLE TO RESERVATION
Items eligible for reservation and the stores that offer them can be found at “RESERVE IN STORE”
3/ RESERVATION ONLINE/p>
The customer can reserve online via the site NICOLAS.COM
- When browsing on the site NICOLAS.COM the customer will be able to login or create a customer account according to the terms indicated in 1/
- The customer will be able to choose the NICOLAS store with which they wish to reserve their order. Once the store is selected, the customer can access its location, days and hours.
- Once the reservation is registered, the client can see their products, quantity and price, options as well as the store’s terms of reservation.
- Confirmation or refusal to process the order will be sent by mail to the client within 3 hours within the limit of compliance with the days and hours of store opening
4/ PRODUCT PRICES
Product prices are inclusive of all taxes. Product prices include, in addition to the price of the product, handling charges and product packaging. The prices invoiced are those in force on the day of reservation and are on the reservation confirmation email sent to the customer
5/ IN-STORE WITHDRAWAL, IN-STORE PURCHASE
Upon receipt of the confirmation of the reservation of the selected store, the customer must present themselves within 48 hours within the limit of the store’s hours and days of opening. At the end of this period, 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 a form of ID.
6/ ORDER PAYMENT
The order payment is carried out in the store when picking up the order, depending on the method of payment accepted by the selected store (cash, check, bank card). Upon payment an invoice or ticket will be given to the customer as proof of purchase.
Refer to the paragraph “amicable settlement of disputes”.