Terms of sale

1. Definitions

In these Terms, the following words have the meanings given to them here, and are capitalised wherever they carry that meaning.

Seller, we, us, our

The company identified in the clause on the identity of the Seller below, which is the party you contract with when you place an Order.

Customer, you, your

The person or business that holds an account on the Site and places an Order. Where the Customer buys goods for their own use and not to trade in them, they are also a consumer within the meaning of Law No. 8 of 1999 on Consumer Protection, and the protections that law gives a consumer apply to them.

Site

This website, including the product catalogue, the basket, the customer account and the checkout, which together are the electronic system through which the Seller trades.

Goods

The bakery products the Seller offers on the Site, in the packs shown on each product page. Each product page states the pack sizes, the pieces a pack holds and whether the product is frozen or dry.

Order

The document the Site creates when you confirm at the checkout, holding the lines, quantities, prices, PPN and total as they stood at that moment. The Order, not the basket and not the review screen, is the record of what was agreed.

Terms

This document, in the version and as at the effective date shown at the top of it.

2. Who you are buying from

2.1 You are buying from PT. NICO Boulangerie Patisserie, trading as NICO Boulangerie, of Jl. Raya Senggigi No.km.9, Batu Layar, Nusa Tenggara Barat, 83355, Indonesia. You can reach us at cs@nicoboulangerie.com or on +62 878 0021 2211.

2.2 Our tax registration number (NPWP) is 83.104.813.7-914-000.

2.3 The Seller trades through an electronic system, and the details above are published as the trader identity required by Government Regulation No. 80 of 2019 on Trade Through Electronic Systems and by Regulation of the Minister of Trade No. 50 of 2020. If any of them is out of date on the day you read this, tell us and we will correct it.

3. Scope, acceptance and the electronic contract

3.1 These Terms govern every Order placed on the Site and form the agreement between you and the Seller for that Order. By confirming an Order you accept these Terms in the version in force on that day. Where we have signed a separate written supply agreement with you, that agreement prevails over these Terms to the extent the two differ.

3.2 An Order placed on the Site is an electronic contract and is valid and binding under Law No. 11 of 2008 on Electronic Information and Transactions, as amended by Law No. 19 of 2016 and Law No. 1 of 2024. You and the Seller both agree that the electronic records the Site creates - the Order, and the documents raised from it - are valid evidence of what was agreed, and neither of us will dispute their validity on the ground that they are electronic rather than on paper.

3.3 By placing an Order you confirm that you are legally capable of entering into a binding agreement under Indonesian law and, where you order on behalf of a business, that you are authorised to bind it.

4. Where we sell

4.1 We sell and ship within Indonesia only. We do not export, and we cannot accept an order for delivery to an address outside Indonesia. Within Indonesia there is a second limit worth knowing before you start: frozen goods reach only the areas our own vehicles serve, or a location you can collect from. If you are visiting - staying at a villa, a hotel or a resort here - you are welcome to order to your address in Indonesia like any other customer.

5. What we sell

5.1 We are a bakery. We bake everything we sell at our own production bakery, and we supply it mainly to the trade - hotels, restaurants, villas and resellers - as well as over the counter at our public locations. Every product has its own page here, showing the packs it is sold in and the pieces each pack holds.

5.2 The Seller holds halal certification for its bakery products under certificate ID52210022546630525, issued by BPJPH - Badan Penyelenggara Jaminan Produk Halal, under Law No. 33 of 2014 on Halal Product Assurance. The certification covers the company and its bakery products as stated on the certificate; we make no halal claim wider than the certificate itself makes. A copy is available on request.

6. You need an account, with a verified email address

6.1 Anyone can browse the range and fill a basket. To place an order you need an account, and the account has to be activated first: when you register we email you a link, and until you follow it the account cannot sign in. There is no application to review and no approval to wait for - the link is the whole of it, and it is there so that we know the email address is really yours.

6.2 Give us details that are accurate and keep them current, particularly the phone number and the delivery address a driver will use. If something we hold about you is wrong, tell us and we will correct it - the privacy notice explains which of them you can change yourself and which we change for you.

6.3 Keep your password confidential and do not let anyone else use your account. We treat an order placed from a signed-in account as placed by the Customer, unless and until you tell us otherwise. If you believe somebody else has your password, change it at once - doing so ends every other session on the account - and tell us, and we will work with you on any order affected. Nothing in this clause transfers to you a responsibility that the law places on us, and nothing in it limits your rights where a loss arises from a failure on our side.

7. How an order is made

7.1 This is the sequence, and it is worth reading, because it is what decides at which point you are committed and to what.

1. You fill a basket

   The basket is open to anyone and commits you to nothing. Add, change and remove lines freely; nothing is reserved for you while it sits there.

2. You sign in to check out

   Everything past the basket needs an activated account. If you are not signed in, you will be asked to.

3. We quote you

   The review screen shows the lines, the quantities, the prices, the PPN and the total before you commit. Nothing has been ordered at this point, and you can go back and change it.

4. You place the order

   When you confirm, we create the order. Prices and packs are checked again at that moment against our catalogue, so the figures stored on your order are the ones that govern it: if anything changed between the review screen and your confirmation, the stored figures are what count.

5. We confirm it

   The order goes to our team. Depending on the payment terms on your account it either waits for payment or goes straight into preparation - see Payment below. You can see it on your account at any time.

7.2 Placing an Order on the Site means you accept these Terms as they stand on the day you place it.

8. Prices

8.1 Prices are in Indonesian rupiah and are quoted per pack, not per piece. There are no quantity breaks: the price per piece falls as the pack gets bigger, and every product page carries the full pack ladder with the pieces each pack holds and what it costs.

8.2 Trade prices are agreed with you and recorded on your account, so a signed-in wholesale customer is quoted their own prices rather than the list ones.

8.3 Every price on this site is quoted net - it excludes PPN. PPN is added once to your order and shown as its own line on the total, so what you pay is more than the sum of the line prices. We do not print the rate on this page: a tax rate changes by regulation, and a number sitting wrong on a web page is worse than no number at all. Your order and your invoice both show the PPN actually applied.

8.4 Most products have a minimum order quantity. It is set per product and per pack, and it counts packs rather than pieces - two bags, not two pieces. It is shown on the product page, the quantity box starts there, and an order line below the minimum is refused rather than quietly rounded up.

8.5 There is no minimum order value. You can order a single pack if that is all you need, and there is no basket total you have to reach before we will accept an order. That is a different thing from the minimum quantities in the paragraph above, which apply per product and are counted in packs: a product may require two packs, but your order as a whole has no floor.

9. Payment

9.1 A new account is placed on Advance Payment. That means your order is created and held, and we prepare it once your payment has reached us. You can pay online through Midtrans straight after placing the order, or by bank transfer to the account below - the choice is yours.

9.2 If we have agreed different payment terms with you, those are recorded on your account and your orders follow them instead. Payment terms are agreed with a person; they are not something you choose at the checkout. You can still pay any order or invoice early, online or by bank transfer, whenever you wish.

9.3 The same account is printed on your order document and on your invoice. Please check that the three lines above match the document you were sent, and pay against the document rather than against details passed to you any other way. If you are ever sent bank details that do not match - a different number, a different account name, or a message telling you our account has changed - do not pay them, and call us on +62 878 0021 2211. Payments made online go through the Midtrans payment page, which you open with the Pay now button on your order or invoice on this site; do not pay through a link sent to you any other way.

10. Changing your mind and cancelling

10.1 An Order can be cancelled at no cost, or changed, for as long as it has not yet been Confirmed. That is the rule for every customer and every Order. Your account shows each Order's status, so you can see for yourself which state yours is in. There is no cancel button: tell us on WhatsApp or by telephone and we will do it for you.

10.2 Once an Order is Confirmed we bake it, and it can no longer be cancelled. We bake to order: from that point the Goods are being made for you specifically, and bread and pastry made to a schedule cannot simply be sold to somebody else. How soon an Order reaches Confirmed depends on the payment terms on your account - where we have agreed terms with you it is Confirmed as soon as you place it, so if you need to stop one, call us straight away and we will do whatever is still possible.

10.3 This clause is only about changing your mind. If something is wrong with the Goods that arrive - damaged, defective, past their date, or not what you ordered - the clause on returns, claims and refunds applies instead, and the periods it gives you are not shortened by anything here.

11. Delivery and collection

11.1 We deliver by zone. Each area we serve is a delivery zone with its own schedule, served from one of our warehouses, and the zone your address falls into is worked out from where you put your map pin.

11.2 Goods reach you one of three ways: you collect them, we bring them on one of our own vehicles, or we send them by external courier. The checkout offers delivery or collection and nothing further: whether a delivery travels on our vehicle or by courier is resolved from the delivery zone your chosen address sits in, not chosen by you. Whichever carried your goods is recorded on the shipment for your Order.

11.3 Most of what we bake is frozen, and frozen goods travel only two ways: on our own vehicles, or collected by you from one of our locations. They do not go by external courier, because a courier cannot keep them at temperature and they would not arrive in a condition we are willing to sell. The checkout enforces this: where your delivery address resolves to courier, an order containing frozen goods is refused, each frozen line is named to you, and you are offered collection instead. Our non-frozen lines travel by courier without any of that difficulty.

11.4 So it is worth checking how we can reach you before you build a basket. Every product page says whether that product is frozen or dry. A new delivery address also has to be matched to one of our delivery areas before it can be used for delivery here - until that is done it shows on your account as an area we are still confirming, and you can order for collection in the meantime. If you are outside the areas our vehicles serve, or you are not sure, ask us and we will tell you what we can get to you and how.

11.5 A delivery address will not save without a pin on the map, and that is deliberate: the pin is what the driver navigates to, so it matters more than the street name. Put it exactly where the goods should arrive - the gate, the villa door, the loading bay.

11.6 You can also collect. Choose collection at the checkout and pick one of our published collection points; we check your choice against the current list before accepting the order, and your goods are then reserved at that counter.

11.7 You can ask for a date when you order. If you do not, we set the next day, which is the earliest we quote - a starting point for our team rather than a delivery promise. Your order always shows the date it is currently set to.

11.8 Every area we serve has its own delivery days, worked out from the zone your address falls in, and we deliver to you on those days. Most orders are delivered the day after they are confirmed where your area is served that day. We give you a timeframe rather than a guaranteed hour: your order always shows the date it is currently set to, we tell you if that date has to move, and if a delivery day matters to your order, ask us before you place it and we will tell you what we can do.

12. Risk and ownership

12.1 The Goods are at our risk until they are delivered to you or handed to you at collection. If they are lost or damaged before then, that is ours to put right, not yours. Ownership of the Goods passes to you once we have received payment in full for them. Until then they remain ours, which matters only where an Order has been supplied but not yet paid for.

13. Returns, claims and refunds

13.1 Goods may be returned where two things are both true. First, the packaging is intact - unopened, undamaged, and as it was handed to you. Second, the Goods have been kept in the conditions they require since they were handed over: a frozen product kept frozen, a chilled product kept chilled. Every product page states how that product has to be stored, so you know which it is before you order. We are a bakery, and food whose packaging has been opened, or which has not been kept as it should be, cannot be put back into stock or sold to anybody else.

13.2 How you make a claim depends on how the goods reached you, and the test is simply who handed them over: our own driver, or a courier company. Which of the two carried your Order is not something you chose - as the clause on delivery explains, it follows from where your delivery address is - so both routes are set out below and the one that applies to you is the one that matches what happened at your door.

13.3 Where our own people hand the Goods to you - our driver delivering them, or you collecting them from one of our locations - please check them then and there. If you can see something wrong, such as damaged packaging, a short delivery or the wrong item, tell the person handing them over: that is the only moment both of us can see the same goods in the same condition, and it is much the fastest way to put it right. Telling them is not the limit of your time, though. Where the Goods are damaged, defective, past their date, not what you ordered, or did not arrive when we told you they would, you have at least 2 working days from receiving them to raise it with us - that period is yours by law, and nothing in this policy shortens it.

13.4 Where the Goods reach you through a courier company and your claim is about what was inside the parcel - it arrived empty, there was less in it than there should have been, or the contents were crushed inside packaging that looked sound from the outside - please film the parcel being opened. Once a parcel has been opened there is no other way to show what was in it when it arrived, and that is the whole reason we ask: for a claim of that kind, the recording is the evidence. Make it before you open anything, let it run without a break from the sealed parcel through to the contents being uncovered, and send it with your claim on WhatsApp or by telephone.

13.5 That is asked for contents claims and for nothing else. You need no recording where the parcel arrived visibly damaged, where we sent the wrong product, where a product is past its date, or where the fault is in the product itself - tell us and we will deal with it, and for those causes you have at least 2 working days from receiving the Goods, which is a period the law gives you. Nor is a recording the only way to make a contents claim: if you cannot produce one but can show us what happened another way - the courier's own damage report, a weight discrepancy on the consignment note, photographs of the parcel before you opened it - we will look at that.

13.6 Sending Goods back to us is at your cost where the return is made under this policy - because you changed your mind, or ordered the wrong thing. That does not apply where the fault was ours. If the Goods were defective, unsafe, or not what you ordered, returning them is not at your expense: we will either collect them from you or reimburse what it reasonably cost you to send them back.

13.7 Where we accept a return, you choose how you get the money back, and there are three ways. We can issue you a credit memo, or hold the amount as credit and put it against your next order - both of which we can do straight away. Or we can refund your payment, which we do within 7 days at the latest, counted from the day the returned Goods reach us, or, where we tell you not to send them back, from the day we accept your claim. A payment refund goes to the account you paid from unless we agree something else with you. Tell us which of the three you want; if you would rather have the money than the credit, say so and that is what happens.

13.8 We charge you nothing for returning something. There is no handling fee, no administrative fee and no restocking fee, and nothing is deducted from what we give back to you - you receive the full amount you paid for the Goods you returned.

13.9 The paragraphs above set out how to claim under this policy, what a return costs and when your money comes back. They do not limit your rights under the law. If Goods are defective, unfit, unsafe, or not what was ordered or described, your rights under Law No. 8 of 1999 on Consumer Protection and the rules on trade through electronic systems apply whether or not you have a video and whether or not you raised it at the door - and in that case we will not refuse your claim because you have no recording, because you did not raise it at the door, or because a period set out in this policy has passed, nor charge you for sending the Goods back. If something is wrong with your Goods, tell us - late, or with no video, or both.

14. Your rights as a consumer

14.1 Nothing in these Terms removes or reduces a right the law gives you. Your rights under Law No. 8 of 1999 on Consumer Protection, Government Regulation No. 80 of 2019 on Trade Through Electronic Systems and every other applicable law apply in full. Article 18 of Law No. 8 of 1999 makes void a standard clause that transfers the trader's responsibility to the consumer, and if any clause of these Terms were ever read as doing that, it is void to that extent and the rest of these Terms stand.

14.2 One thing these Terms do not settle, and we would rather name it than let a silence imply an answer: we publish no cut-off time. There is no hour by which an Order has to reach us to make a particular delivery day. If a particular day matters to you, ask us before you place the Order and we will tell you what we can do.

14.3 If something about your order is not answered by the clauses above - an unusual delivery, a large or standing order, anything you are unsure of - ask us before you place it, on WhatsApp or on +62 878 0021 2211, and we will tell you where we stand. We would far rather answer the question first than argue about it afterwards.

WhatsApp +62 878 0021 2211

15. Events outside our control

15.1 Neither of us is in breach of these Terms for failing to do something that an event outside our reasonable control prevents. That covers natural disaster, earthquake, flood, volcanic activity, fire, epidemic, war or civil unrest, a strike we are not party to, the failure of public power or telecommunications, and an act of a public authority - and, under Articles 1244 and 1245 of the Civil Code, this defence exists whether or not a contract writes it down.

15.2 Where such an event stops us supplying your Order, we will tell you as soon as we reasonably can and say what we expect to happen. Our obligation is suspended for as long as the event lasts rather than cancelled, and we will supply as soon as we are able. If it becomes clear we cannot supply at all, either of us may end that Order and we will refund you in full for anything you have paid for and not received, on the same routes and within the same period as any other refund. None of this excuses you from paying for Goods you have already received.

16. Your personal data

16.1 What we hold about you, who else receives it, how long we keep it and what you can ask us to do with it are all set out in our privacy notice.

17. Language of these Terms

17.1 These Terms are published in Indonesian and in English. Article 31 of Law No. 24 of 2009 on the Flag, Language, National Emblem and Anthem requires an agreement involving an Indonesian party to be made in Indonesian, and the Indonesian version of these Terms is that text. In the event of any difference or inconsistency between the two versions, the Indonesian version prevails and governs.

18. Amendment of these Terms

18.1 When we amend these Terms we change the version number and the effective date shown at the top, and the new version applies to Orders placed on or after that date. An Order you have already placed stays under the Terms that were in force on the day you placed it.

19. Severability

19.1 If a clause of these Terms is held void, invalid or unenforceable, that clause is severed to the extent of the defect and every other clause remains in force. Where a severed clause can be read in a way that is valid and closest to what it was for, it is read that way instead of being struck out entirely.

20. Governing law and resolution of disputes

20.1 These Terms, and any sale made under them, are governed by and construed in accordance with the law of the Republic of Indonesia.

20.2 We ask you to raise a dispute with us first, so that we have the chance to settle it. If we cannot, a customer who is a consumer may bring the matter before the Consumer Dispute Settlement Body (Badan Penyelesaian Sengketa Konsumen) or before the general courts, as Law No. 8 of 1999 on Consumer Protection provides; the choice is yours and nothing in these Terms restricts it. For a dispute with a business customer, the court having jurisdiction over the Seller's domicile in Indonesia is competent to hear it.