GENERAL CONDITIONS

1. ACCEPTANCE AND AVAILABILITY

These Conditions regulate the legal relationship derived from the purchase processes formalized by users through the NICOLAS website. Users expressly accept full and unreserved adherence to these stipulations, in the version published by NICOLAS at the time the user contracts the product in which they are interested. Therefore, the user undertakes to carefully read the contracting conditions, each time he proceeds to contract a product, given that they may have been modified since the last time he accessed.

By accepting these General Conditions of Contract, the user declares:

     a. Que es una persona con capacidad para contratar mayor de edad .

     b. Que ha leído y acepta las presentes condiciones generales de contratación.

The user will always have access in any case, prior to the start of the product purchase procedure, to the contracting conditions, which may be stored and/or reproduced on a durable medium. And once the user contracts a product, they will receive via email, the confirmation of the contracted products along with the general conditions that govern the contractual relationship. With the contracting of any product, the user expressly accepts that the copies and confirmations required to notify article 99.2 of Royal Legislative Decree 1/2007, of November 16, be notified via email.

2. NATURE OF THE CONTRACT

Through this contract NICOLAS (GAPI & SON S.L., with registered office at Ave. Ricardo Soriano 12, 1° 4, 29601 Marbella - NIF B93670594) sells to the customer (any natural or legal person with whom NICOLAS  signs any sales contract on its website) and he buys from NICOLAS  the product specified in the invoice/delivery note/order. "Contract" is understood as the sale and purchase operation that is implemented by means of this document. “Product” is understood as the merchandise to be purchased.

3. PRICE

The prices of our products are expressed in euros and include the corresponding Value Added Tax (VAT) depending on the product.

NICOLAS reserves the right to modify its prices at any time, but the products will be invoiced based on the rates in force at the time the order is registered.

We do not assume responsibility for any typographical or arithmetical error that may appear on the page.

4. AVAILABILITY

Our offers and prices are valid as long as they are displayed on the website, and always based on available stock.

We reserve the possibility of assigning a maximum of bottles of each wine per customer. Assignments will be made in strict order of receipt of order.

Normally we only offer products that we have in stock. In the event that the requested vintage is not available, it may be substituted for the later one whenever it is available. For products that are not in our warehouses, our offers are valid subject to availability from our suppliers. Within this framework, indications on the availability of products will be provided at the time each order is processed.

In the event that a product is not available and cannot be replaced after processing an order, the buyer will be informed by email or by telephone of the delivery of only part of his order, and he may accept or cancel the order. In any case, the client will receive a full or partial refund within a maximum period of 72 hours.

5. PAYMENT

The payment of the product will be made online with a VISA, MASTERCARD credit card or through the PAYPAL platform.

NICOLAS will deliver the corresponding invoice to the client when the latter requests it when completing the contracting data. Said invoice will be physically delivered together with the order. The credit card will be charged at the time of purchase.

All purchase transactions are carried out within a strict framework of confidentiality and encryption thanks to the SSL protocol. Thus, NICOLAS guarantees the confidentiality of the data provided by the client through encryption, avoiding its communication to third parties outside the legal relationship, in accordance with the provisions of Law 15 /99 of Personal Data Protection. In a random way, to reinforce security and to verify the reliability of the data provided during the execution of an order, the company may request additional data from the client (such as a copy of the DNI or proof of address of less than three months old) that allow verification that the purchase has been made by the cardholder. The document must be sent within five business days, reserving NICOLAS the right to make a refund of said request if you do not receive the requested documents or if they are not valid .

Likewise, NICOLAS reserves the right to cancel or reject any order from a customer with whom it has a dispute regarding the payment of a previous order.

At the moment you press the "ACCEPT" button during the order confirmation, the bank verifies the validity of your credit card number and checks that it is not blocked.

NICOLAS does not have access to your bank details nor does it store them on its servers. For this reason, you must provide them again each time you make a new transaction on our website. This way you get double protection against abuse and fraud.

6. DELIVERY

Delivery in the province of Malaga will be made the next day for orders placed before 2:00 p.m. For the rest, delivery will generally be 48 hours*.

* During the months of August and December this period may vary.

The products are sent to the address indicated by the customer when placing the order. In order to optimize delivery, we invite the buyer to indicate an address where the order can be delivered on weekdays from Monday to Friday from 9:00 a.m. to 7:00 p.m.

In the event that the carrier tries to deliver the package and there is no one to receive it, it will leave a note stating the delivery attempt. Please contact the transport agency as soon as possible through the telephone number that you will find in the note, in order to agree on a new delivery.

If in this second delivery there is no one to receive it, they will leave a note again stating the second delivery attempt. From then on, your order will remain at the transport agency's office for 15 days. After these days have elapsed, your order will be returned to our warehouse.

At the time you receive your package, you must:

     1. Comprobar la conformidad de la mercancía recibida en el momento de la entrega.

     2. Señalar cualquier anomalía en el albarán de entrega, haciendo constar sus reservas e including your signature.

     3. Los proveedores de transporte no permiten la devolución de la mercancía si el cliente You open it in your presence, but you can check the box from the outside and if you detect that the box is damp or wet, do not accept the order. Our partner will notify us of the incident and we will automatically send a new shipment at no cost to you.

NICOLAS does not assume any responsibility for the consequences of possible shipping delays.

NOTE: Orders to pick up at our Guadalmina Shopping Center store will be available 24 hours after placing the order and after receiving the confirmation email as it has been removed from our warehouse. Online orders are prepared in our central warehouse.

7. CANCELLATIONS AND REFUNDS

Orders can be canceled at no cost until the moment the shipment becomes effective. If we receive notice of cancellation once the package is already shipped, it will be considered a return. Returns can be made up to 14 calendar days from receipt of the product according to the specifications that follow.

The right of return cannot be exercised when there are indications that the products have been opened, manipulated or exposed to inappropriate conditions. It is mandatory to return the correctly protected products, in their original packaging, in perfect condition for subsequent sale.

No package can be accepted that lacks any of the sender's identification elements (name, surname, address, order number). The return of the requested products will give rise to the reimbursement of all the amounts paid by the user.

The return cost will be assumed by the user.

Excluded from this case are those returns that derive from our error or from a product defect. In this case, NICOLAS promises to exchange the defective product for another of the same or the amount will be refunded. You will also be responsible for the costs of return and subsequent shipping.

To make a return effective, contact us by phone 951.272.216  or by sending the  attached form , duly completed, to the email_cc781905-5cde-3194-bb3b -136bad5cf58d_vinosnicolasmarbella@gmail.com . The user will receive an email acknowledging receipt of the return communication.

We will not accept any exchange or return if we have not previously received any notification.

8. SECURITY AND CONFIDENTIALITY

NICOLAS complies with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, and the regulations on Services of the Information Society and Electronic Commerce, by which has adopted the necessary administrative and technical procedures to guarantee the security of the personal data we collect.

At the time a customer places an order, their personal data, addresses and those related to their payment method, are incorporated into our database, used only to process the order and send information about offers and services of the companies of the group that may be of interest to our clients. NICOLAS ensures the confidentiality of the data provided by our clients, since the personal data requested is always strictly necessary .

NICOLAS  undertakes not to give them any other use than that agreed and not to transfer or sell them to third parties outside the group companies under any circumstances. In any case, the clients of  NICOLAS  may at any time exercise their rights of access, rectification, cancellation and opposition, communicating it in writing to_cc781905-5cde-3194- bb3bnicolasbadbellad5-1586vinos_bamarcf -1536 @gmail.com .

In this sense, the user is informed and gives his consent for the incorporation of his data to the automated files owned by NICOLAS (GAPI & SON_cc781905-5cde-3194-bb3b -136bad5cf58d_S.L., with registered office at Ave. Ricardo Soriano 12, 1° 4, 29601 Marbella - NIF B93670594) duly registered with the General Registry of Personal Data Protection, and for the automated processing of your data, as a result of the consultation, request or contracting of any service, or of any transaction or operation carried out, in order to access the information and services provided by NICOLAS through the website, and where appropriate for the maintenance of the contractual relationship, as well as for sending offers or advertising and promotional communications from the group companies.

The user declares that all the data provided by him is true and correct, and undertakes to notify a NICOLAS  of any changes that occur in them. The user has the right to oppose the processing of any of their data that is not essential for the conclusion of the contract and its use for any purpose other than the maintenance of their contractual relationship.

The privacy policy of NICOLAS guarantees the user in any case the possibility of exercising their right of access, rectification, cancellation and opposition of their data, notifying it to_cc781905-5cde-3194 -bb3b-136bad5cf58d_NICOLAS sending an e-mail to the e-mail address ofwinesnicolasmarbella@gmail.com .

Likewise, and in compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce, NICOLAS exclusively will send offers or advertising and promotional communications electronically to your email address or through another equivalent means of electronic communication, to those users who have expressly granted their consent.

NICOLAS informs the user that they can unsubscribe from this type of communication by following the instructions that appear at the end of all our emails or by writing to the email address_cc781905-5cde-3194-bb3b -136bad5cf58d_vinosnicolasmarbella@gmail.com .

9. RIGHTS AND OBLIGATIONS OF THE PARTIES

a. Obligations of NICOLAS:

NICOLAS agrees to comply with the following contractual obligations:

Provide the user with the maximum guarantees, the service requested by him in accordance with the provisions of the contracting conditions, without breaching contractual good faith.

Expressly inform the user of the existence of these conditions prior to the start of the contracting procedure.

Inform the user prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the requested services, such as their price and applicable taxes.

Make available to the user a copy of the text of the general conditions.

b. Obligations of the user

For its part, the user agrees to:

Carry out full compliance with what is established in these conditions of the services provided by NICOLAS, complete the registration forms prior to the start of the contracting procedure with accurate and current information.

Correctly provide the bank details requested by NICOLAS, pay the price of the products purchased, without submitting a claim exempting you from this obligation.

c. User rights:

All information provided to the client will be binding for the offeror under the terms established by current legislation.

All users have the right that the goods they acquire are of the category and legal requirements contracted or of that quality that is in direct proportion to the category of the establishment.

10. PERIOD OF VALIDITY OF THE PRESENT CONDITIONS

The validity period of these conditions will be the time they remain published on the website and will apply to the services purchased at the time these conditions are available.

In any case, NICOLAS reserves the right to modify them unilaterally, without this affecting the services contracted by users prior to the modification, except in those cases in which the user has changed or modified the contracted service, in which case the conditions in force at the time of the change and/or modification will apply.

11. NULLITY AND INEFFECTIVENESS OF THE CLAUSES

If any clause included in these conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part of it that is null or ineffective, subsisting in everything else the conditions.

12. NAVIGATION, ACCESS AND SECURITY

Accessing and browsing this web site implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein. NICOLAS makes every effort to make browsing perform in the best conditions and avoid damage of any kind that could be caused during it.

This web site has been designed to support the most used browsers (explorer, chrome, firefox, safari, opera).

NICOLAS is not responsible for damages of any kind that may be caused to users by the use of other browsers or different versions of the browsers for which the website has been designed. Access to this web site is done in a non-secure environment, so the information is transmitted in an unencrypted way.

Access to this web site may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user so that the server remembers certain information that later only the server that implemented it will read. Cookies generally have a limited duration in time. No cookie on this website allows you to contact the user's phone number, email address or any other means of contact. No cookie on this website can extract information from the user's hard drive or steal personal information. The only way, on this web site, for a user's private information to be part of the cookie file is for the user to personally give that information to the server. Those users who do not wish to receive cookies or want to be informed of their setting can configure their browser for this purpose.

NICOLAS is not responsible for or guarantees that access to this web site will be uninterrupted or error-free. Nor is it responsible or guarantees that the content or software that can be accessed through this web site is free of errors or causes damage. In no case NICOLAS will be responsible for losses, damages or losses of any kind arising from access and use of the website, including but not limited to caused to computer systems or those caused by the introduction of viruses. NICOLAS is not responsible for any damage that may be caused to users due to improper use of this website .

13. INTELLECTUAL PROPERTY

All the information contained in the web page, as well as its graphic design and the codes used, are protected by copyright and other protection rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Revised Text of the Intellectual Property Law. These rights belong exclusively to NICOLAS, or to its licensors, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of assignment, of all or part of the content, is expressly excluded. of this site, and in general of any object that, according to current legislation, is protected by intellectual property regulations.

All the content of the website and all the content available through the services provided, including designs, text, graphics, images, video, information, applications, software, music, sound and other files, as well as their selection and arrangement (the " Content") are the exclusive property of NICOLAS, or its licensors, with all rights reserved. No part of the "Content" of the website may be modified, copied, distributed, framed, reproduced, republished, downloaded, extracted, displayed, published, transmitted or sold in any way or by any means, totally or partially, without the prior written consent of NICOLAS, provided that the user is entitled to use the website,_cc781905-5cde-3194- bb3b-136bad5cf58d_NICOLAS grants a limited license to use and access the website and the "Content" of the website and to download legitimately and only for personal use and n or commercial, the content thereof, as long as all warnings about copyright and intellectual property remain intact. You may not upload or republish "Content" of the website on any Internet, Intranet or Extranet site or integrate the information in databases or compilation. Any other use of the "Content" of the website is strictly prohibited.

14. TRADEMARKS

All trademarks, logos and anagrams displayed on this site are the property of NICOLAS or third-party companies. The use, without prior consent, of any element that is subject to protection in accordance with current legislation on industrial property is expressly prohibited. In particular, trademarks, trade names, store signs, denominations, logos, slogans or any type of distinctive sign belonging to NICOLAS  may not be used without the written permission of_cc781905-5cde- 3194-bb3b-136bad5cf58d_NICOLAS o from the third company.

15. LEGAL ACTIONS

NICOLAS reserves the right to exercise the corresponding legal actions against users who violate or infringe intellectual and industrial property rights.

16. APPLICABLE LAW AND JURISDICTION

This contract will be governed by Spanish legislation that will be applicable in matters not provided in this contract in terms of interpretation, validity and execution. Any disputes arising from the contracting of products through this WEB will be submitted to the competent jurisdictional bodies determined by Law.

NICOLAS is administered by the company:
GAPI & SON SL, with registered office at Ave. Ricardo Soriano 12, 1° 4, and NIF B-93670594, registered in the commercial registry of Malaga, volume 5815, folio 98, page 149502, entry 1st.

NICOLAS 2020©All Rights Reserved.