NESPRESSO GENERAL CONDITIONS OF SALE
1. Application of the General Conditions of Sale
1.1 Each order placed with Nespresso Italiana S.p.A. (Nespresso) shall be governed by the present General Conditions of Sale, subject to particular conditions applicable to orders placed via the Internet, call centres or in Boutique.
1.2 Nespresso reserves the right, at any time, to amend these General Conditions of Sale by posting a new updated version.
2. Orders
2.1 Orders may be placed by:
2.2 The minimum quantity for coffee purchase is set at 5 (five) sleeves, except for orders placed in the Boutique, where the minimum quantity is set at 1 (one) sleeve. Each sleeve contains 10 (ten) capsules.
2.3 Nespresso makes its products available for sale via this website within the limits of its available stocks, when receiving the purchase order.
2.4 Nespresso reserves the right to refuse an order, to set out purchase limits or to enforce payment in advance, especially in the case of unpaid invoices, credit risk or insolvency.
3. Delivery
3.1 Nespresso strives to ensure deliveries within 2 (two) working days after receipt of an order.
3.2 If the customer should request a means of delivery other than the one proposed normally by Nespresso, the shipment amount will be added to the order. For purchases made at the Boutiques, delivery of goods takes place immediately via collection by the customer.
3.3 The risk of loss and deterioration of the ordered goods is transferred to the customer from the moment of delivery, namely, in the case of transfer of goods from one place to another, at the time of delivery to the carrier.
4. Verification of goods
4.1 The customer is responsible for verifying the quantity and condition of the goods upon delivery and, in the event of damaged and/or missing items/products, for expressing reservations to the carrier and informing Nespresso within 7 (seven) days from receipt of the actual products, keeping the invoice and the signed delivery note.
4.2 After having followed all the requirements listed in section 4.1, Nespresso, as agreed upon with the customer, shall provide replacement products of equivalent commercial value or provide for a refund as a credit note to the customer for subsequent purchases.
5. Returns
5.1 For the purchase of machines and/or accessories made via the Internet, call centres and off-premises, the right of withdrawal may be exercised according to what is provided for by the Consumer Code (Legislative Decree No. 21 of 21.02.2014, in Official Journal 11.03.2014), within 14 calendar days from delivery of goods (or the last batch in case of multiple orders), by contacting the customer service for return shipment procedures. The goods must be returned by the consumer within 14 calendar days from the date of notification by the actual consumer to Nespresso of its decision to withdraw.
5.2 Nespresso will only accept returns of goods in perfect condition, in their original packaging , accompanied by the relative purchase invoice. When returns are carried out in accordance with what is elucidated above, Nespresso shall provide for a refund as a credit note to the customer for subsequent purchases, within a maximum of 14 days of learning about the withdrawal. Nespresso may retain the refund until it receives the goods or until the consumer provides evidence of reshipment of goods, depending on which situation arises first. The consumer is solely responsible for the decrease in value of the goods resulting from a handling of the goods other than the one required for ascertaining the nature, characteristics and functioning of the goods. Furthermore, Nespresso will also reimburse the shipping costs invoiced in conjunction with the purchase. These procedures will also apply to returns from the Vatican City State, the Republic of San Marino, the municipalities of Livigno and Campione d'Italia: in this case Nespresso will provide for the payment of the customs authorisations and taxes applicable.
5.3 On the other hand, no return will normally be accepted of food products such as capsules, biscuits, chocolate or sugar purchased directly at the boutiques or via the Internet or by phone. Specifically, once the products purchased in boutiques leave the premises, Nespresso may no longer provide for the exchange or replacement of the product. Therefore, the customer is responsible for verifying, at the time of delivery, the quantity and state of the products and, in the event of defects and/or missing items/products, for reporting the latter to the Boutique personnel prior to leaving the store. Exceptions include cases whereby defects (flattened capsules and/or capsules with missing parts, packaging defects, etc.) may not be detected by the customer at the time of purchase: in this case, replacements will be accepted, subject to prior verification by Nespresso.
6. Price and invoicing
6.1 The prices payable for the items ordered are those in force on the date of order issue, inclusive of taxes and shipping costs. Shipment costs are indicated separately in the invoice.
6.2 Only for deliveries to the Vatican City State, the Republic of San Marino, the municipalities of Livigno and Campione d'Italia, Nespresso will provide for the payment of the customs authorisations and taxes or any other charges taxable upon arrival of the goods.
6.3 Nespresso retains the right of ownership of the goods delivered until the full payment of the invoice.
6.4 Nespresso reserves the right to modify its prices without notice.
7. Payment
7.1 For all purchases carried out via call centre and the Internet, the amount of the corresponding invoice must be paid within and no later than 15 days from the date stated on the document, which will be sent to the customer via e-mail or mail. Exceptions include any purchases carried out at the boutique, requiring full settlement of the total amount at the time the goods are collected at the store.
7.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted during the transaction for security purposes.
7.3 Any delay in payment may give rise to the application of late payment interests on the overdue balance and the charge of administrative and legal costs incurred.
7.4 Payment by cash on delivery: by choosing this payment method, payment is made to the courier at the moment of the delivery of the product purchased. To the product and shipping costs are added EUR 2.50 as a contribution to cash on delivery. Payment must be made by cash only and directly to the courier. Only exact amounts corresponding to the amount of the order are accepted: the courier is not expected to return change. No bank drafts or cheques will be accepted. Pursuant to and by effect of Art. 12 of Legislative Decree No. 201 of 6 December 2011, payments in cash will be accepted within the threshold of EUR 999.99.
8. Machine Warranty and after sales service
8.1 Nespresso machines are guaranteed directly by the manufacturer in pursuance of the Consumer Code (Legislative Decree No. 206/2005 as amended/integrated) and according to the terms and conditions listed on the packaging of the machines.
8.2 For any questions relating to the technical assistance provided for machines, the customer may contact Nespresso customer support by calling +39 800 39 20 29.
9. Data protection
9.1 The data given will be used to invoice and ship orders, to transmit marketing information and offers reserved for members of the Nespresso Club. The data will be treated in compliance with the Personal Data Protection Code (Legislative Decree No. 196/2003) and will not be transferred to third parties, except to the services intervening in the organisation and management of transport and delivery relied upon by Nespresso.
9.2 Pursuant to art. 7 of the aforementioned Code, it will be possible to request information concerning personal data at any time, as well as their modification or deletion by contacting Nespresso Italiana S.p.A. - a Company subject to the management and coordination of the sole shareholder Nestlé Italiana S.p.A. - "Nespresso Club", via del Mulino, 6 20090 Assago (MI).
10. Disputes
In case of disputes, the venue of sole competent jurisdiction shall be the Court in the place of residence or domicile of the purchaser. Nespresso Italiana S.p.A. - a Company subject to the management and coordination of the sole shareholder
Nestlé Italiana S.p.A. 20122 Milan Italy -www.nespresso.com