1. Applicability of General Terms and Conditions
1.1. Each order placed with Nespresso Österreich GmbH & Co OHG (henceforth referred to as “Nespresso”) shall be governed by the present General Terms and Conditions, latest issue. Orders via internet or purchases in the Nespresso Boutique may additionally be governed by specific conditions. By placing an order, you acknowledge that you have read, understood and accepted the present General Terms and Conditions.
1.2. Deviating terms of the customer are only accepted when previously explicitly confirmed by Nespresso in writing. Therefore, conflicting general terms and conditions of customers are not considered as agreed and are void, unless they are explicitly approved by Nespresso in writing.
1.3. Nespresso reserves the right, at any time, to modify or adjust the present General Terms and Conditions.

2. Orders
2.1. You can order:
• by phone: 0800/ 21 62 51 (free service number)
• by fax: 0800/ 21 62 52 (free service number)
• by mail: Nespresso, Mahlerstraße 7, 1010 Wien
• by Internet: www.nespresso.com
• in the Nespresso boutiques
2.2. All Nespresso varieties are parceled in sleeves with 10 capsules each and can only be ordered sleeve wise. When ordered on the internet the minimum order quantity is 50 capsules, the maximum order quantity is 1.500 capsules. There is no such minimum order quantity for purchases of capsules in the Nespresso Boutiques, by phone or fax.
2.3. Nespresso reserves the right to refuse orders especially in case of unpaid bills or illiquidity.
2.4. All offers of Nespresso are nonobligatory where not expressly designated as binding. 2.5. Easyordering Service
• ‘Easyordering’ 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 Easyordering. In the event of a conflict between the General Conditions of sale and the conditions related to Easyordering, the conditions related to Easyordering will prevail.
• “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.
• Payment
Payments shall be made by credit card or by invoice. All recurrent orders by credit card will be billed to your credit card 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. • Modification and Cancellation
You are entitled to cancel your Easyordering subscription, 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 Easyordering subscription 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 the present General Conditions of Sale.
• Out of stock
If one of your Product(s) included in your recurrent order is out of stock at the moment of the “your order will ship soon” notification, we will notify you in this notification and will still ship your other recurrent orders on your requested frequency, unless the order is cancelled by you. You will not be charged for any Product(s) which is out of stock.
• Promotions
You will have the opportunity to benefit from promotional offers specifically relating to your Easyordering subscription. These Easyordering-specific promotions will not be applicable to any order made outside an Easyordering subscription. With your Easyordering account, you will also have the possibility to benefit from ongoing general campaigns and promotions. Your Easyordering 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 Easyordering subscription.

3. Registration and Membership
When registering in one of our boutiques, through our Nespresso (24/7) customer service, Nespresso app or online at www.nespresso.com additional Terms and Conditions regarding your Nespresso membership will apply.

4. Delivery
4.1. Nespresso Austria only delivers within Austria and is anxious to dispatch the next business day. The shipping fee of €2.70 including VAT is a flat charge in addition to the purchase price.
4.2. We do offer express and personalized delivery on demand: Chose a date and time for your delivery in Vienna via Nespresso Your Time. Shipping fee is €3.90 incl. VAT.
4.3. Coffee and accessories can be shipped to any place in Austria. To avoid additional expense for parcel collection because the postal recipient cannot be reached we recommend the shipping to an address on which the customer is able to take delivery of the shipment during the customary delivery times. The customer shall be obliged to ensure that proper delivery of the goods ordered will be taken.
4.4. Unless otherwise agreed, the goods will be shipped to the address the customer has declared as shipping address.
4.5. By taking charge of the goods by the customer respectively by proper deposit in case the postal recipient cannot be reached all risks of loss or damage of the goods shall be transferred to the customer.
4.6. Nespresso is anxious to hold a sufficient amount of all goods on stock to be able to fulfill each order. Nevertheless seasonal influences might lead to supply shortage of some goods. Nespresso serves the right to fulfill orders through part deliveries. Orders of limited series (such as limited editions, Special Coffee or specific accessories) can only be fulfilled as long as stock lasts.

5. Warranty, inspection of goods
5.1. In case of a defective delivery or non-delivery Nespresso will deliver either an equal substitute or credit the purchase price, respectively refund the price when already paid.
5.2. (Not applicable for consumers, “Verbraucher”, as per KSchG): The customer must check the condition of the goods straight after reception. If the goods are damaged or incomplete, the customer must inform us within 7 days in writing by stating the invoice number, shortly describing the defects and attaching a copy of the delivery note – otherwise the customer loses his claims against Nespresso.

6. Compensation
6.1. In case of a consumer business (“Vebrauchergeschäft”) the liability of Nespresso is excluded for slight negligence. This exclusion is not valid for personal damages.
6.2. In all other cases Nespresso is only liable for gross negligence and intent, whereby the customer bears the burden to prove the presence of gross negligence or intent. The compensation of special damages and damages which result from improper use of the delivered goods is exluded.
6.3. The claims for damages according to § 12 Produkthaftungsgesetz (PHG) are excluded - except consumers, unless the recourse claimant proves that the damage was caused by Nespresso at least grossly negligent.

7. Prices
7.1 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.
7.2 Consumers by terms of the Konsumentenschutzgesetz (KSchG) have the right to withdraw from the contract within 14 days from the reception of the ordered good if the contract is exclusively made by way of distance selling (by telephone, fax or online). To withdraw the contract the consumer can use our withdrawal form (withdrawal form). The good must be returned immediately, within 14 days from the submission of the withdrawal declaration at the latest. The consumer shall be liable for any reduction in market value of the goods, if the value loss has an extent that was not necessary for inspecting type, condition and functional capability of the good. There is no right of withdrawal for coffee, if the original packaging is damaged. The direct costs for the return shipment shall be paid by the customer. In case of proper withdrawal Nespresso will refund the payments it received immediately, within 14 days from reception of the withdrawal declaration at the latest, in the same way the payment was made. Nespresso can refuse the refund until the good that has to be sent back arrived or until the consumer provides evidence for the return shipment.

8. Prices and Invoice
8.1. The current prices of all Nespresso products can be asked in the Nespresso at the phone number that is stated above or are designated on price lists or through other price labelling. In case of price changes those prices shall apply that were valid on the day of order.
8.2. The value added tax is shown separately on the invoices. The customer is obliged to check the shipment for accordance with the invoice and to inform Nespresso immediately in case of differences.
8.3. Nespresso does not give discounts, bonuses in kind, cash discounts or other price reductions.
8.4. Unless otherwise agreed, the invoice will be sent to you electronically to the e-mail address given to us by you.

9. Payment
9.1. All invoices are due for immediate payment. Customers can pay by wire transfer, direct debit payment or with all major credit cards. When paying cash at a Nespresso Boutique, customers must check the change at once – complaints at a later point will not be accepted. Nespresso reserves the right, especially in the case of customers with a late payment history or poor credit standing, to insist on cash payment or cash on delivery.
9.2. All goods shall remain in the property of Nespresso until the bill is paid in full.
9.3. In case of delayed payment Nespresso is entitled to charge default interest in the amount of 2% in excess of the base rate of the Austrian National Bank in each case, as well as € 3,30 including value added tax for each reminder. Further, extrajudicial collection charges for adequate prosecution and recovery of the debt(s) according to the Inkassogebührenverordnung, BGBl 1996/141 in the current version, are charged directly to the customer.
9.4. We explicitly reserve the right to refuse acceptance of checks or bills of exchange. If at all, we accept them only as conditional payment. Discount and bill charges shall be borne by the buyer and are due for immediate payment.

10. Warranty of machines and services after sale
10.1. The warranty of the Nespresso machine conforms to the terms which are enclosed with the machine by the respective producer. Thereby, the warranty conditions which are mandatorily required by law shall not be restricted.
10.2. Our staff members of the Nespresso will be glad to advise you in all questions concerning the machine.

11. How to write a review
Would you like to give your opinion on one of our machines by writing a review? You can easily place your review through our order page by clicking on the "Reviews" tab. Once you've written your review and placed your review by pressing the "place your review" button, your review will soon appear on our website. Note: to remain representative, the first few reviews will only be displayed when there are four reviews or more per machine. By submitting your review, you agree to the following terms and conditions:
1. Your review is accurate, up-to-date, reflects your true opinion, and is based on your actual experience with the product. In case of questions or complaints, we kindly ask you to contact our customer service.
2. Always hold privacy of others in mind: never share personal information in your review. 3. Do not violate the rights of others (privacy, intellectual property rights, trademark or copyright).
4. Keep it clean: reviews that contain profanity, misleading, inaccurate, offensive, or insulting words will not be accepted.
5. Use plain language (no SMS language or unusual abbreviations).
6. Stay on topic: spam, chain reactions, commercial / promotional or advertising messages are not accepted.
7. If you received a free product or any other benefit for the testing, mention this explicitly in your review.
8. Do not mention or refer to:
A. Products of competition
B. Distribution Channel and shops
C. Price comparison
9. Nespresso staff is not allowed to post reviews, unless the relationship is specifically mentioned in the review. Companies or agencies that are hired by and / or sell Nespresso products, are not allowed to post reviews.
10. The participant shall refrain from any right to royalties for the use of the contents of the review for any purpose, particularly for promotional messages and events, including, without limiting itself to the reproduction, distribution and publication of the contents of the review, as well as their making available to the public under any form and through any medium (paper or electronic, internet, TV, radio, cinema, ...), including customized versions.
11. The right to use the content of the review is granted for the duration of the legal copyright protection without territorial restriction. This right can also be transmitted or transferred under license to third parties and, in particular, and without limiting itself to this, to subsidiaries of Nestle, without any restriction.
12. Nespresso reserves the right to monitor and control the content that you have submitted.
13. Nespresso reserves the right to remove reviews or refuse reviews that do not comply with our terms and conditions.
14. Nespresso reserves the right to modify these terms and conditions at any time.
15. The content on this site does not necessarily reflect Nespresso's opinion or viewpoints. Nespresso is not responsible for content from third parties or other websites.

12. Data retention
Nespresso shall not disclose any personal data to third parties for their use without the customers’ prior consent. This occurs in accordance with the applicable law, as well as the Nespresso data retention policy. You can find the privacy policy on www.nespresso.com. According to the applicable law you have the right to view your personal data and request corrections by contacting Nespresso in writing at the address stated below.

13. Final Provisions
In case single provisions of these terms and conditions are void this does not affect the validity of the remaining provisions and the contracts made with the customer based on those provisions. Instead of a possibly void provision a regulation that, within the framework of what is legally permissible, comes closest to the void provision (intended to the economic purpose) shall apply as agreed.
All legal relationships between Nespresso and the customer based on these terms and conditions are governed by Austrian substantive law excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and excluding the reference norms of the Austrian International Private Law. For all disputes arising from the legal relationship the competent court at the domicile of Nespresso is exclusively competent; for consumer transactions the regulations of the KSchG are valid.

Nespresso Österreich GmbH & Co OHG
Wiedner Gürtel 9, 1100 Wien

01.12.2016 / Version 4

COMPANY REGISTRATION

NESPRESSO ÖSTERREICH GMBH & Co OHG
Registered office: Wiedner Gürtel 9, 1100 Vienna, Austria
Commercial register number: FN 214169f, Vienna Commercial Court
Contact:
· 0800 21 62 51 (toll-free 24/7)
· e-mail: kundenservice.at@nespresso.com
· postal address: Nespresso, Mahlerstraße 7, A-1010 Vienna
· www.nespresso.com/at/en/kontakt
Data Proccesing Register ("DVR") number: 1025465
VAT ID number: ATU 52677303
Purpose of the company: Production and sale of coffee products as well as sale of the coffee systems associated with the consumption of such products, i.e. machines and accessories, all under the designation "NESPRESSO".
Competent regulatory agency: Municipal department ("Magistrat") MA63 Wien, Wipplingerstrasse 6 8, 1010 Vienna, Austria
Competent chamber: Austrian Economic Chamber ("Wirtschaftskammer Österreich")
Professional regulations: Austrian Trade and Industry Code ("Gewerbeordnung") 1994, Federal Law Gazette ("BGBl") 1994/194 as amended, see https://www.ris.bka.gv.at.

General partner:
NESPRESSO ÖSTERREICH GMBH
Registered office: Wiedner Gürtel 9, 1100 Vienna, Austria
Commercial register number: FN 76981h, Vienna Commercial Court

Nestle Österreich GmbH

Registered office: Am Euro Platz 2, 1120 Vienna, Austria Commercial register number: FN 105870t, Vienna Commercial Court
Online Dispute Resolution Platform of the European Commission: http://ec.europa.eu/odr

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