Terms and Conditions of Sale

The purpose of these general terms and conditions of sale is to set out the contractual provisions between Nicolas Direct and the Customer and the conditions applicable to any purchase made through the Nicolas.com website, for the consumer. The acquisition of a good or a service through the site implies an acceptance without reserve by the customer of the general terms and conditions of sale.

NICOLAS DIRECT collects personal data concerning the purchaser as well as, where applicable, that of the recipient of the Order, all data collected is necessary to process your order and is intended for NICOLAS DIRECT Services. Personal data is processed in accordance with the French Data Protection Act no. 78-17 of January 6, 1978, as amended, and Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR).

The purposes, recipients, retention periods and conditions under which NICOLAS collects and processes personal data are presented in the site's “PRIVACY CHARTER” , which details all information relating to the processing of personal data as well as the rights of the persons concerned in connection with such processing.

Headquarters: NICOLAS DIRECT – 1 Rue des Oliviers 94320 Thiais

SIREN : 343 093 464

VAT No: FR18 343 093 464

Chief Executive: Cathy COLLART-GEIGER

Publication director: Cathy COLLART-GEIGER

The items proposed appear in the catalogue on the Nicolas.com website. These items are offered within the limits of stock availability. Each item is supported by a description drawn up by Nicolas.com. The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the item proposed.

Sales online or products presented on the website are reserved for buyers who live in mainland France.

Prices in the catalogue are prices including VAT in euros 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. 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 one applicable to the Customer. The prices shown do not include order processing fees. The prices are only valid in mainland France.

Shipping charges, customer taxes and formalities are exclusively at the Customer's expense.

The customer places an order on the website “www.nicolas.com”. To purchase one or more items, they must complete the following order process:

- Selecting items and adding them to the cart

- Validation of cart contents

- Identification on the website and registration on the identification form, on which it will indicate all the requested coordinates

- Selecting the method of payment and accepting the GCU

- Payment confirmation

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 their acceptance.

Nicolas reserve the ownership of articles until full payment of the order, i.e. receipt of the order price by NICOLAS DIRECT.

NICOLA DIRECT 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 implies acceptance of price and descriptions of the items available 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 Customer's convenience:

- By credit card

- By transfer*

- By PayPal

*Shipping will occur after the transfer.

Order Control

Given the resurgence of fraud recorded in the context of e-commerce and in order to secure payments, for any order made by customer on the NICOLAS.COM website, NICOLAS DIRECT will check the elements of the order before delivery.

According to the article L 3342-1 of the public health code, prohibiting the 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 that will confirm the Client's majority. 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.

NICOLAS DIRECT reserves the right not to accept an order for a legitimate reason. This legitimate reason may correspond to a suspicion of fraud relating to the abnormality of the order.

All orders will in any case be honored within the limits of stock availability.

The delivery time for French customers is as follows:

- France: 24h home delivery, for orders validated before 12pm

All orders placed and paid for on Nicolas' website before 12pm from Monday to Friday (excluding weekends and public holidays) will be prepared and dispatched the same day, subject to payment validation.

Example: An order placed on Friday before 12pm is prepared on Friday and delivered on Monday. An order placed on Friday after 3:00 pm will be prepared on Monday and delivered on Tuesday.

NICOLAS DIRECT undertakes to deliver the orders placed by the Customer within the specified time. If these articles have not been delivered within 7 working days from the delivery date provided for in the order, and if this delay is not linked to a case of force majeure, the Customer may proceed to the resolution of the sale by sending a registered letter with acknowledgement of receipt to the following address NICOLAS DIRECT - customer service - 1 rue des Oliviers 94320 Thiais. The sums paid by the Customer will then be entirely refunded to him.

As an exception, during the peak period from December 1 to January 31, the Client will be able to proceed to the resolution under the same conditions after a period of 10 working days from the delivery date planned at the time of the order, and if this overtaking is not linked to a case of force majeure.

The Customer has a period of 30 working days from the date of the dispatch of the order to report non-receipt and request cancellation of the sale and a refund of the items.

The customer must inform NICOLAS DIRECT as soon as possible of any failure to receive the order after it has been shipped. After this delay, no resolution of the sale will be accepted.

If the goods are not received within 30 days, NICOLAS may offer the customer to return the undelivered goods at NICOLAS DIRECT's expense.

The customer is required to check the good condition of the delivered items. Any anomaly noted (missing item, damaged package, broken item…) must be indicated to NICOLAS DIRECT within 3 days of receipt.

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 customs employee or any other official, 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

Consequential damages

In the event of noncompliance with our commitments and whatever the cause, NICOLAS DIRECT will only be responsible for refunding the delivery service subject to the reservations set out above (Dealy in Delivery) and in no case for consequential damages that the customer may claim. These consequential 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. Upon receipt of this information, NICOLAS DIRECT undertakes to immediately reship an identical package to the recipient. Under no circumstances can the customer ask a refund of the product and the delivery package.

Customers, nonprofessional individuals, benefit from a withdrawal period of fourteen days(14) from the delivery of their order to return the product to NICOLAS DIRECT 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, depeding on 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 client 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 refund can be carried out in the event of a lost package.

NICOLAS DIRECT 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 communications, orders and payments made between the parties.

These general conditions of sale are governed by French law. Any dispute relating to the interpretation or execution of these terms and conditions shall, in the failure 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 refer to the mediation service for consumer disputes by sending your complaint by email to our mediator: Mr Jean PIZZIO, Trade and Distribution Ombudsman - FCD, 12 rue Euler, 75 008 PARIS in order to request an amicable settlement.

We commit to provide information on the delivery position by telephone free of charge. We will be able to provide proof of delivery signed by the recipient of your order. This option is chargeable and you will be invoiced 4.50 euros (including VAT) per proof requested. You will receive it within 3 weeks from the date of the request and the payment of the amount due for this proof to NICOLAS DIRECT, by credit card, PayPal or transfer.

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.