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