Nicolaï Parfumeur-Créateur, 28 Rue de Richelieu 75001 Paris, email: [email protected].
Any order placed for a product on the online store at pnicolai.com implies prior consultation and acceptance of the following general terms and conditions of sale. Clicking on the order confirmation implies full acceptance of these terms. This click serves as a “digital signature.”
Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by Nicolaï to the consumer.
Order Confirmation
Contractual information will be confirmed via email to the address provided by the consumer in the order form.
Proof of Transaction
Computerized records, kept in the computer systems of Nicolaï Perfumes under reasonable security conditions, are considered evidence of communications, orders, and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Product Information
Every effort has been made to ensure the accuracy of the information presented on www.pnicolai.com. However, Nicolaï Perfumes or its suppliers are not responsible for consequences, incidents, or special damages resulting from electronic transmissions or the accuracy of transmitted information, even if Nicolaï is aware of the possibility of such damages. Product and manufacturer names and trademarks are used for identification purposes only. Photos, descriptions, and prices of products are not contractual.
Delivery Terms
Products are delivered to the address specified by the consumer in the order form and only to the geographical areas we serve.
All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of any slight signs of impact (holes, crushing traces, etc.) on the package and, if necessary, refuse the package. A new identical product will then be sent to you at no cost.
The exchange of any product declared damaged during transport, without any reservations being made upon receipt of the package, cannot be taken into account.
As in any shipment, there may be a delay or the product may be lost. In such a case, we contract the carrier to initiate an investigation. All efforts are made, as long as necessary, to locate the package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at their expense.
We decline any responsibility for delays in delivery due to the carrier, especially in case of product loss, weather conditions, or strikes.
Delivery Issue Due to the Carrier.
Any anomaly regarding delivery (damage, product missing compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reserves,” accompanied by the customer’s signature.
The consumer must also confirm this anomaly by sending a registered letter with acknowledgment of receipt to the carrier within (2) two working days following the delivery date, stating the said claims.
The consumer must also send a copy of this letter to Nicolaï, 28 Rue de Richelieu 75001 Paris. Without this report, we do not proceed with any exchange.
Delivery Times
– Delivery within 2 to 3 working days in Metropolitan France.
– Delivery within 7 days in Europe.
– Delivery within 15 days for the rest of the world.
– Shipment within 24 hours (Monday to Thursday). No shipment on Friday, Saturday, Sunday.
Delivery & Customs Duties
All orders placed through the website or by phone are sent from our factory in France.
For all shipments to countries outside the European Union (United Kingdom, Iceland, Norway, Andorra, Liechtenstein, Switzerland, and Vatican included), customs duties may be applied.
Taxes are the responsibility of the buyer.
The buyer can choose not to pay these fees, in which case the package will be returned to us.
The order will be refunded upon receipt of the package, so there will be a waiting period depending on the return made by the customs from the country of the recipient.
Delivery charges are applied for orders to all countries and French Overseas Departments and Territories, except Metropolitan France.
Delivery Errors
The consumer must notify Nicolaï on the same day of delivery or at the latest on the first working day following delivery of any claim for delivery error and/or non-conformity of products in nature or quality compared to the indications on the order form.
Beyond this period, any claim will be rejected.
Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release Nicolaï from any liability towards the consumer.
In case of delivery error or exchange, any product to be exchanged or refunded must be returned to Nicolaï in its entirety and in its original packaging in impeccable condition.
To be accepted, any return must be reported and have the prior agreement of Nicolaï, who, in case of agreement, will resend the package to the correct address.
Shipping costs are the responsibility of Nicolaï, except in the case where it is found that the product does not correspond to the original declaration made by the consumer in the return form.
These provisions cannot deprive the consumer of the legal warranty that obliges the professional seller to guarantee it against all consequences of hidden defects in the sold item.
Right of Withdrawal
The right of withdrawal applies only to individuals.
In accordance with articles L. 120-20, the consumer has a period of seven (7) calendar days to return, at their expense, products that do not suit them. This period runs from the day of receipt of the consumer’s order. Any return can be reported in advance to Nicolaï’s customer service. The product must be returned to Nicolaï.
Perfumes and cosmetics, as well as unset alcoholic products (refills for lamps, scented bamboo, burning oils), cannot be exchanged or returned for hygiene reasons.
Usage Rights
The use of trademarks on the site is strictly prohibited.
Force Majeure
Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by a fortuitous event of force majeure. Force majeure is considered any irresistible, external, unforeseeable, inevitable circumstance independent of the parties’ will and which cannot be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware.
The two parties will then meet, within a period of three months, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued.
If the force majeure event lasts for more than one month, these general conditions may be terminated by the injured party.
Expressly considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport, earthquake, fires, storms, floods, lightning, interruption of telecommunication networks, or difficulties specific to external telecommunication networks to customers.
Partial Non-Validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will retain their full force and scope.
No Partial Waiver.
The fact that one of the parties does not avail itself of a failure by the other party to any of the obligations set out in these general terms and conditions of sale shall not be interpreted for the future.
Applicable Law
These general terms and conditions are subject to French law. This applies to both substantive and procedural rules.
In the event of a dispute or complaint, the consumer will first contact Nicolaï to seek an amicable solution.
Protection of Personal Data.
All data you entrust to us is used to process your orders.
Under the law no. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, you have the right to rectify, consult, modify, and delete the data you have communicated to Nicolaï. This right can also be exercised online.
Disputes
Any order placed through the SELLER’S WEBSITE implies the customer’s acceptance, without any restrictions, of the SELLER’S general terms and conditions of sale.
In the case of a sale to a legal entity, any dispute related to the sale (price, general terms and conditions, products, etc.) will be subject to French law before the Commercial Court of the registered office in Paris.
