2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 NESPRESSO DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER NESPRESSO, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY NESPRESSO), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
Conditions of Sale
1. Applicability of General Conditions of Sale
a. The UK Website is operated by Nespresso UK Ltd, "we", "us" or "our" (registered in England & Wales with company registration number 156925) with registered office at 1 City Place, Gatwick, England, RH6 0PA and VAT registration number is GB 169562721.
b. Each order placed with Nespresso UK Ltd or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
d. Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
e. 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.
f. Title in the item/s shall remain with us until we have received cleared payment of all sums due. The risk of loss and damage in the item passes to you on delivery.
g. Orders placed through this Website can only be delivered to the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.
a. When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
b. Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
a. When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
b. You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
c. If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
d. Any personal information provided by you to Nespresso shall be treated confidentially and securely and will not be shared with any third party unless necessary under the General Conditions of Sale.
a. By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
b. Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
c. Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
a. The order you place on this website will not constitute a binding contract until you receive an email confirming that your order has been dispatched. Orders are dispatched on receipt of cleared funds.
b. Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
c. The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
a. The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
b. Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
c. Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
d. Prices are subject to change without notice.
a. All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
b. You consent to be contacted by SMS, telephone and/or email by Nespresso and/or companies authorised by Nespresso with information regarding your order and delivery.
c. 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 Northern Ireland, the Isle of Wight and the Scilly Isles), three to five working days to Northern Ireland, the Isle of Wight and the Scilly Isles, and up to nine working days to the Channel Islands and Scottish Highlands and Islands.
d. Standard delivery is free for orders of 200 or more coffee capsules, or with any machine purchase.
8. Verification of Merchandise
a. It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
b. In case you observe damage or missing items, you must notify and file a claim with the carrier and inform Nespresso within 14 days of receipt of the item/s. Nespresso shall in such a case provide you with identical replacement merchandise.
9. Cancellations and Returns
a. If you cancel your order before you have received the item/s, you are entitled to refuse to accept delivery of the item/s and we will refund you in full within 14 days after you have notified us of cancelling your order.
b. You may return your order at any time from the date of the order up until the date that is 14 working days from receipt of the item/s by filling out the withdrawal form below, calling our Customer Relationship Centre on 0800 442 442 (UK freephone).
Withdrawal form (Complete and return this form only if you wish to withdraw from the contract)
— To Nespresso UK Ltd, 1 City Place, Gatwick, England, RH6 0PA:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) delete as appropriate
c. If you wish to return your order after you have received it you must return the item/s to us in an undamaged and unused condition at your expense within 14 days from informing us of your intention to return the item. Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
d. When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 14 days upon receipt of the returned merchandise. The return postage will be at your charge.
a. We accept Visa, MasterCard, American Express, Maestro (excl. Maestro on mobile application)
b. Payment by credit or debit card is immediately due and payable. Your card details will be encrypted for security purposes.
11. Machine Warranty
a. Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
b. Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
12. After-Sales Service
a. 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 0800 442 442 (UK freephone) for advice and assistance.
b. If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
13. Limitation of Liability
a. 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.
b. 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.
c. Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. In no event shall Nespresso be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Nespresso), capable of arising in connection with its products, their use, sale or this website.
14. Force Majeure
a. 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. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of products.
b. In the event of delay, 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.
15. Applicable Law and Forum
a. The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
b. The exclusive forum is in the same country as that of the applicable law.
a. To ensure that your credit, debit or charge card is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
b. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
Conditions of Sale updated on 17/06/2014
NESPRESSO UK LTD.