GENERAL CONDITIONS OF SALES
Applicable version with effect from 6 July 2016
The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Nespresso referred to as “Nespresso” or “we”, “us” or “our” having its registered office at Nespresso UK Ltd. registered in England & Wales with company registration number 156925 with registered office at 1 City Place, Gatwick, RH6 0PA and VAT registration number GB 169562721) in a store or remotely (letter, telephone, fax, the Internet, and via the Nespresso application), concerning the machines belonging to the offers to private consumers, as well as their consumables and accessories dedicated to this line (the “Products”).
Each order placed with Nespresso or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. Please read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
We will send you a copy of these General Conditions of Sales with your Products. However, you can download, save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records.
Any order placed through this Website can only be delivered to United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man. We regret that we cannot deliver elsewhere.
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be valid and up-to-date.
Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders.
2.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. To prevent your data from being compromised or eavesdropped during the use of our website we enforce the TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and at least during login on other platforms. We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify Nespresso immediately by calling the Customer Relationship Centre on 0808 100 8844.
You should also take the following precautions:
- When you have completed your visit of the Website, always use the Logout button on the top to effectively close the session.
- Your account username, password and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.
If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, Nespresso shall immediately suspend the use of such account (including processing any transaction from such account).
2.3 Order process
You can place your orders
- by telephone: on 0808 100 8844
- by internet: www.nespresso.com/pro/uk/en/home
An order of Nespresso Product through the Website is placed by clicking on “Add to Basket” button and proceeding to the checkout page. By placing an order through the Website you warrant and represent that you are legally capable of entering into binding agreements and that you are at least 18 years old
Please note that the minimum quantity of coffee capsules for orders placed through our Website is one box or one tube.
After placing an order of Product/s on the Website, you will access an order confirmation webpage allowing you to review your order, and check the total price.
After accepting the General Conditions of Sales, depending on your contract with Nespresso, you will be required to provide payment details to finalise your order.
Please never provide your debit or credit card details on letters or faxes. You will be called back by us to finalise the order and proceed to the payment in a secure way.
2.4 Order confirmation
Once you have submitted and confirmed your order(s), Nespresso will acknowledge receipt of the order(s) by setting out details of the ordered Product(s). This acknowledgement does not confirm our acceptance of your offer to purchase the ordered Product(s).
After confirming receipt of your order(s), Nespresso will check that the relevant Product(s) is (are) in stock. A binding contract for the sale of Products between you and Nespresso will only be formed when Nespresso (a) confirms that all or part of the Product(s) is/are still available and (b) sends you an e mail confirming your order has been dispatched. Depending on any additional terms you have agreed with Nespresso, the contract is formed either on sending of the shipment confirmation or shipment of goods. The confirmation of dispatch by Nespresso for online purchases only will be proof of a binding agreement between you and Nespresso.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, Nespresso is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example we may refuse an order if a Product is totally or partially unavailable after the order is made. If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Nespresso may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Nespresso suspects are not placed in good faith.
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of VAT.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
The price of a Product and delivery costs displayed on the Website and confirmed in your order confirmation will be honoured.
Nespresso reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Nespresso.
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by credit card (we accept Visa, MasterCard, American Express, Maestro (excl. Maestro on mobile application) debit, bank transfer, or cheque). Payments must specify your client number and/or invoice number.
The data registered by our payment system constitutes full proof of the financial transactions.
All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order.
Nespresso and/or companies authorised by Nespresso may contact you by SMS, telephone and/or email with information regarding your order and delivery.
Nespresso does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within three working days to mainland UK addresses (excluding, the Isle of Wight and the Scilly Isles), three to five working days to, the Isle of Wight and the Scilly Isles, and Channel Islands and Scottish Highlands and Islands.
In case the delivery has not occurred within the above indicated term, you shall either make contact with Nespresso to agree on an additional delay to deliver the Products, or cancel your order by notifying Nespresso.
In order to deliver orders on time, Nespresso strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.
3.2 Transfer of property and risk
The Nespresso Products delivered to you shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.
All risk of loss or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing items, you must notify our Customer Relationship Centre within a reasonable period after you discovered the damage or missing item and not later than two months. Nespresso shall in such case provide you with identical replacement Products.
This does not affect your legal warranty statutory rights detailed in Article 5.5 of the General Conditions of Sales.
4. RECURRING SERVICE
‘Recurring Order’ allows you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency.
The General Conditions of Sales automatically apply to any order placed through Recurring Order. In the event of a conflict between the General Conditions of sale and the conditions as set forth under this Article 4 specifically related to Recurring Order, the conditions of this Article 4 will prevail.
4.1 “Your order will soon ship” notification
Three days before your recurrent order will be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock.
Payments shall be made, depending on your additional contractual agreement with Nespresso, by credit card, direct debit, bank transfer or cheque. All recurrent orders will be billed to your account depending on the contract agreement on the day of shipment.
In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
4.3 Modification and Cancellation
Depending on your additional contractual obligations with Nespresso, you may be entitled to cancel your Recurring Order, cancel one or more recurrent orders or modify the Product(s) basket, the frequency or any customer detail at any time free of charge.
In the event that you cancel a specific order or your Recurring Order before or while your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the Product(s) to return the order in accordance with Article 5 of the present General Conditions of Sale.
4.4 Out of stock
If one of the Product(s) in your order is showing as “out of stock” when you receive “your order will ship soon” notification, we will advise you of this and will dispatch the rest of your order unless the order is cancelled by you. You will not be charged for any Product(s) which is out of stock.
You will have the opportunity to benefit from promotional offers specifically relating to your Recurring Order subscription. These Recurring Order-specific promotions will not be applicable to any order made outside a Recurring Order.
With your Recurring order account, you will also have the possibility to benefit from ongoing general campaigns and promotions. Your Recurring Order subscription does not automatically take into account other promotional offers announced on or around the time of your recurrent order processing. To benefit from such a promotion, it is recommended* to place a separate order and modify your next shipment date for your Recurring order subscription.
*For operating contract customers, please call the Customer Care Centre (CRC) on 0808 100 8844.
5. RETURNS AND AFTER SALES
If you cancel your order before you have received Product(s), you are entitled to refuse the delivery of the Product(s) and we will refund you in full without undue delay and in any event within 14 days after you have notified us of cancelling your order.
Clauses 5.2 and 5.4 inclusive are not applicable to Free on Loan contracts
5.2 Right of withdrawal
You may also decide to cancel your contract at any time from the date of the shipment confirmation up until the date that is 14 days from receipt by you of the Products by filling out the withdrawal form that can be found here, or by calling our Customer Relationship Centre on 0808 100 8844.
Once you have notified us in writing of your intention to return the Product/s, you will have 14 days* to return the Product/s to us, in accordance with our return policy detailed in Article 4.4 of the present General Conditions of Sales.
You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.
5.3 Effects of withdrawal
If you exercise your withdrawal right, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days* from the day on which we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
5.4 Return Policy
Nespresso is happy to exchange or refund purchases made from our website or by telephone, provided they are returned in a saleable and unused condition and in their original packaging, within 14 days* and accompanied by proof of purchase. Nespresso will bear the reasonable cost of returning the item when item/s are returned as explained above. Nespresso will reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 14 days upon receipt of the returned merchandise.
In the interests of hygiene and consumer safety, we regret that we are unable to accept returns of coffee capsules and food and bites where the packaging has been opened or damaged.
Refunds will be issued to your original payment method.
It is your responsibility to verify the condition of the item/s upon receipt and, in case of on-arrival damage, to inform Nespresso within seven days of receipt (retaining all relevant invoice and signed delivery notes). Nespresso shall in such circumstances provide you with replacement item/s or a full refund where requested.
When you return the Product, you must return the Product to us in an undamaged and unused condition (unless the Product is faulty or not as described) without undue delay and in any event within 14 days* from informing us of your intention to return the item. A collection can be arranged courtesy of Nespresso by calling our Customer Relationship Centre on 0808 100 8844.
Your legal rights regarding defective Products (those that are faulty or mis-described) are not affected by your rights of return and refund in this Article 5 or by anything in these General Conditions of Sales.
Machines purchased are guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation. Please consult your Product documentation for detailed information on the manufacturer’s warranty, which is without prejudice to any of your statutory legal rights.
5.6 After-Sales Services
You are responsible for the standard maintenance and cleaning of any machine your purchase or loan from us. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after sales personnel, in accordance with the conditions specific to each machine. The manufacturer and Nespresso shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact our Customer Relationship Centre on 0808 100 8844 for advice and assistance.
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.
For deliveries to the Channel Islands and Isle of Man Nespresso shall have no liability if the products do not comply with the relevant laws and regulations of delivery or in case of electrical or other product incompatibility
Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Nespresso’s liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Products in respect of which damages are claimed. Nespresso is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us Product
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products under the Consumer Protection Act 1987; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. FORCE MAJEURE
Nespresso will make every reasonable effort to fulfil its obligations. However, Nespresso cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the Production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Nespresso’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.
If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including delivery charges.
8. LAW AND FORUM
The present General Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of England.
Any dispute or claim arising out of or in connection with General Conditions of Sales or your purchase of Products from Nespresso (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England. If you are a consumer resident in Northern Ireland, you may also bring proceedings in Northern Ireland and if you are a resident in Scotland, you may also bring proceedings in Scotland.