NESPRESSO MOBILE APPLICATION TERMS AND CONDITIONS

A. INTRODUCTION

Thank you for visiting the Nespresso Mobile Application ("App"). Please read the Terms and Conditions in this document carefully, as any use of this App constitutes your acceptance of the Terms and Conditions set forth herein.

In this App, the terms "we", "our" and " Nespresso" refer to Nespresso Turkey Gıda Ticaret A.Ş. . "You" and "User" refers to the persons who access, become a member and/or use this App.

By accepting these Terms and Conditions, you represent that you have all necessary legal permissions and requirements to use the App, to become a member of the App and to accept the Terms and Conditions.

Nespresso may change, update and renew these Terms and Conditions at any time, without notice.

It is your responsibility to follow the updates on the App. The current Terms and Conditions are effective as of the time they are posted on the App, and use of the App will be governed by the current Terms and Conditions from that time forward.

At any time, we may change, upgrade or release a new version of the App, its features, functionality or any portion thereof. Unless otherwise expressly stated by Nespresso, any new version of the App is subject to these Terms and Conditions.

If you violate the Terms and Conditions, we may suspend your account or terminate your use of the App and/or take legal action or legal proceedings against you in case of unlawfulness.

B. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Nespresso uses all reasonable efforts to ensure that all information contained on the App is accurate and complete, but is not responsible for any inaccuracy or incompleteness of the information contained on the App. Your reliance on the material on the App is at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this App

C. GENERAL REQUIREMENTS

1. Nespresso cannot be held responsible for any errors, systemic slowness, inability to use the App due to your device and/or internet connection. You agree that access to the App may be temporarily blocked to implement improvements and other changes to the App.
2. In no event shall Nespresso, its agents, employees or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive and/or exemplary damages whatsoever arising in connection with this App or the use of or inability to use the App or reliance on the content of this App, even if Nespresso has been advised of the possibility of such damages in advance.
3. Nespresso may remove and change the content on the App at any time and without giving any reason.
4. Nespresso may prevent the use of the App, provided that it reserves its legal rights against real/legal persons or persons who attempt to do so in cases that contradict the obligations specified in the Terms and Conditions or the general rules announced on the App (such as the use of software that threatens the general security of the App, the use of software that will threaten the general security of the App, the use of software that will prevent the operation of the App and the software used, activities, activities, attempts to be made, and the retrieval, deletion, modification of information).
5. It is forbidden to use the App or the content on the App for illegal purposes, to access any part of it using an automatic mechanism such as a robot or warm, or to copy and monitor it for commercial / non-commercial purposes.

D.CONNECTIONS TO OTHER PLATFORMS

6. The App may contain links to third-party applications/websites, but Nespresso is not responsible for any of the content, accuracy of the information or functionality of these platforms. Links are placed in good faith and Nespresso cannot be held responsible for any subsequent changes to other platforms that contain links. You may need to review and confirm the applicable terms of use when using such applications/websites. In addition, a link to any third-party application/website does not constitute an endorsement by Nespresso of the application/website or the products or services mentioned in the application/website. We encourage you to be aware of and carefully read the rules of any other platforms you visit.

E. TERMS AND CONDITIONS

7. Users' access to the App constitutes their consent to these Terms and Conditions. You may use the App at your own risk.
8. In order to create a membership on the App and to benefit from the products and services on the App, you must fill in the information in the relevant fields in a complete, accurate and up-to-date manner. Nespresso is in no way responsible for the incomplete, incorrect or outdated information you provide.
9. You may not, without proper authorization, use personal data belonging to others; or enter information that is offensive, vulgar, obscene or unlawful in the information entry areas of the App. Nespresso may, in its sole discretion, revoke or reject member information that it believes violates these Terms and Conditions, its policies or the law.
10. Nespresso may immediately suspend or terminate a member's right to access and use the App without notice if Nespresso has reasonable grounds to suspect that any information provided by the member is fraudulent, inaccurate or incomplete. You are responsible for maintaining the confidentiality of all verification information associated with access and use of the App. You must notify Nespresso immediately if you become aware of any possible misuse, loss or disclosure of your accounts or information, or any breach of security with respect to the App.
11. You accept, declare and undertake that you will comply with the Terms and Conditions and other provisions that may be published from time to time on the App, the law, morality and decency, principles of honesty in your product and service requests on the App, in the communications you provide through the App and in all other transactions on the App, and that you will not engage in behaviors that may prevent the operation of the App by any method and acts that infringe or threaten to infringe the rights of third parties.
12. You may not use someone else's IP address, e-mail address, user name and other information on the Internet, nor may you access or use the data of other users without permission. Any legal and criminal liability that may arise due to such use as mentioned herein belongs to you.
13. If there is anything in the Terms and Conditions that you do not agree with or if you are not authorized to approve or accept the Terms and Conditions, you may not use the App. You also represent that you are of legal age, that you are legally capable of entering into binding agreements under the law, and that you are competent to enter into, be bound by, and abide by any and all conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions.
14. The App is provided to you on an "As Is" and "As Available" basis and Nespresso makes no warranties or conditions of any kind, express, implied, statutory or otherwise, including any warranties or conditions of merchantability or fitness for a particular purpose, in connection with these Terms and Conditions. Nespresso does not warrant that the App will be error-free or uninterrupted (including by cyber-attacks or interruptions in malicious code or software) or compatible with any type of software. Nespresso disclaims liability for any damages arising out of your access to or use of the App. You agree that your access and use of the App is at your own risk and you will be solely responsible for any damage to your information systems or assets or loss of data resulting from such access or use.
15. It is prohibited to perform the following transactions within the scope of access and use of the App:

• Use the App fraudulently or otherwise for any unfair or unlawful purpose.
• Continuing to use the App despite any reason that removes/restricts the authorization to use the App.
• Attempting to gain unauthorized access to the App.
• Perform vulnerability or similar tests for the App.
• Collect or attempt to collect information about other users of the App.
• Interfere with or disrupt the operation of the App or the servers or networks used to make the App available, including hacking or defacing any part of the App, or violate any requirement, procedure or policy of such servers/networks.
• Restrict or prevent another person from using the App.
• reproduce, modify, adapt, create derivative works from, sell, rent, lease, loan or otherwise use any part of the App (or any use thereof) without the authorization of Nespresso.
• reverse engineer, decompile or disassemble any part of the App.
• Violate any copyright, trademark or other proprietary rights.
• Use the App /its content to develop a product or service that serves the same or similar purpose as the App or otherwise competes with it.

16. Users are responsible for the provision, maintenance and payment of all hardware, telecommunications and other services required to use the App.

F. TRANSFER

17. Any non-personal correspondence or data, questions, comments, suggestions, etc. that you transmit to this App by electronic mail or other means is deemed to be non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be used for any purpose whatsoever, including, without limitation, reproduction, public disclosure, transmission, publication, broadcast and posting. However, Nespresso is under no obligation to use the submitted information.
18. Nespresso may use any ideas, graphic artwork, inventions, improvements, suggestions or concepts (including, without limitation, product development, manufacturing, advertising and marketing) contained in any correspondence you submit to this App for any purpose. Such use does not entitle the submitting party to compensation. By submitting the information, you warrant that you own the material/content you are submitting, that it is not unlawful and that its use by Nespresso will not infringe the rights of any third party or violate any applicable law.

G. INTELLECTUAL PROPERTY RIGHTS

19. The trademarks, logos, characters and service marks (collectively, the "Trademarks") displayed on this App are owned by Nespresso. Nothing contained on this App should be construed as granting any license or right to use any Trademark displayed on the App. Your use/abuse of the Trademarks or any other content displayed on this App is strictly prohibited except as provided in these Terms and Conditions. It is further expressly declared herein that Nespresso will protect its intellectual property rights to the fullest extent permitted by law in serious cases.
20. The information contained on the App may not be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the App may not be used on any other website/application/exchange without permission or in violation of the rules set forth herein.
21. It is forbidden to use the design, source codes, interface, content, database of the App in whole or in part by changing or differentiating it.

H. PROTECTION OF PERSONAL DATA

22. Personal data of natural persons may be processed as a result of activities such as receiving and fulfilling requests through the App. For detailed information regarding the processing of your personal data within the scope of filling out the contact form, please seePersonal Data Protection Tab For detailed information regarding the processing of your personal data through cookies on the App, please see Cookie Clarification Text .
23. For detailed information on the processing of your personal data within the scope of your use of the features on the App, you can review the clarification texts prepared specifically for each feature / service.

I. OTHER REGULATIONS

24. Istanbul (Central) Courts and Enforcement Offices are authorized to resolve disputes that may arise from the application of these Terms and Conditions.
25. All notices to be sent to the parties regarding these Terms and Conditions shall be made through the Users' telephone number/email address/address at Nespresso.

 

 

NESPRESSO MOBILE APPLICATION DISTANCE SALES CONTRACT

ARTICLE 1- PARTIES

1.1.Seller Information

Seller Nespresso Turkey Gıda Ticaret Anonim Şirketi

Address: Büyükdere Caddesi Nurol Plaza No:255 A- Blok Kat:6 34398,Maslak/Sarıyer, İstanbul

MERSIS No: 0631135630200001

Telephone: 0212 329 6000

Fax: 0212 329 6041

Web Address: www.nespresso.com/tr

E-mail:

1.2.Buyer Information

Buyer: [●]

Address: [●]

Telephone: [●]

Name of the 2nd Person to Receive: [●]

BUYER and SELLER shall be referred to as "Party" separately and "Parties" together.

ARTICLE 2- DEFINITIONS

Within the scope of this Contract, the following written terms are used with the following meanings.

Buyer: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

Minister: Minister of Trade,

Ministry Ministry of Trade,

Service: The subject of any consumer transaction, other than the provision of goods, which is made or undertaken to be made in return for a fee or benefit

Law: Law No. 6502 on the Protection of the Consumer,

Regulation: Distance Contracts Regulation,

Seller: A company that offers goods to consumers within the scope of its commercial and professional activities or acts on behalf of or on account of the seller,

App : Nespresso Mobile App,

Product Refers to the product that is the subject of the exchange.

ARTICLE 3- SUBJECT

• The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and ("Law") and the Distance Contracts Regulation ("Regulation") published in the Official Gazette dated November 27, 2014 and numbered 29188 regarding the sale and delivery of the goods that the Buyer ordered from the Nespresso mobile application ("App") and purchased from the Seller, which have the qualifications specified in the contract, and whose sales and delivery price is specified below.

• By accepting this Agreement, the Buyer accepts, declares and undertakes that he/she has all the legal permissions and requirements necessary to use the App and accept the Contract, and if he/she will use the App on behalf of a company he/she is authorized, he/she has all the necessary authorizations to represent the company in question and to make transactions on behalf of the company.

• By signing this Contract, the Parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation.

• The rights and obligations under this Contract shall be applied only in cases where the BUYER is a consumer under the Law No. 6502 on the Protection of the Consumer, and otherwise, in cases where the BUYER acts as a merchant, tradesman, etc., the rights and obligations contained in this Contract regarding the Parties shall not apply.

ARTICLE 4 - Product Subject of the Contract and Sales Price

• Product specifications are published in the App. If a campaign is organized by the SELLER, you can review the specifications of the relevant product during the campaign. The campaign and conditions are valid until the date specified in the App.

• The prices listed and advertised on the App are sale prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period. Likewise, any increase in taxes and/or duties related to the product subject to the purchase may directly affect the sales price and may cause an increase. The prices included in the Application at the time of visiting the Application are not absolute, and the SELLER has the right to change the product price at any time, even after the purchase is started, until the sales transaction is completed. Determination of the final sales price is at the sole discretion of the SELLER.

• The cash or futures sales price of the Product is the price included in the order form, as well as in the information e-mail sent at the end of the order and in the invoice content sent to the BUYER with the Product. Discounts, coupons, shipping fees and other applications made by the SELLER are reflected in the sales price.

• The BUYER pays the price of the Product by choosing one of the payment methods offered by the SELLER.

• The name, type, quantity and brand of the product subject to the Contract are as follows.

Product Name	Type	Brand	Quantity

Capsule coffees are subject to a 1% VAT rate and machines and accessories are subject to a 20% VAT rate.

ARTICLE 5- PAYMENT METHOD AND PLAN

• Payment Method and Plan: Credit card payment via online virtual pos application for orders placed through the application

 Maturity Difference None

There is no payment upon delivery.

• The BUYER pays the price of the Product by choosing one of the credit/debit card payment methods offered by the SELLER. In order for the BUYER to pay by credit / debit card, the credit / debit card information must be filled in the relevant section completely and completely. The Buyer accepts that he/she is under the obligation to pay for the product or service he/she has chosen by clicking the "Order" button on the site following the approval of the Preliminary Information Form and the Distance Sales Contract or by confirming the order for orders placed by phone. The total sales price will be collected from the Buyer following the payment confirmation if the Buyer chooses to pay by credit card or debit card through the online virtual pos application.

• The BUYER may make a single payment by credit and debit card or may make a deferred payment by dividing it into as many installments as may be determined within the scope of the campaigns. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank shall apply. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as installment deferral. Such campaigns are at the initiative of the Bank.

• Since forward sales can only be made with credit cards belonging to the Bank, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and information on default interest from the Bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

• In case the payments are made in installments, the reflection of the refund to the credit card in installments each month is entirely related to the Bank's processes and practices. In this case, the BUYER will not be able to request the SELLER to pay the refund amount in another way.

ARTICLE 6 - DELIVERY INFORMATION

Delivery Date : Within 7 working days from the date of order

Delivery Address: [●]

Names of Persons to be Delivered: [●]

Billing Address: [●]

• This Contract shall enter into force upon approval in electronic environment and shall be executed upon the BUYER's payment of the Product price subject to the Contract to the SELLER and the SELLER's delivery of the Product(s) subject to the Contract to the BUYER. The product will be delivered to the relevant person at the above-mentioned delivery address of the BUYER by the authorized officer of the cargo company contracted by the SELLER.

• The BUYER agrees that the delivery made to the address specified above by the BUYER and to the person present at the time of delivery at this address shall be deemed to be a delivery made to the BUYER. Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance fully and completely. All kinds of damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the waiting of the Product in the courier / cargo company belong to the BUYER.

• If the delivery of the Product purchased with the BUYER's request and instruction is requested by the SELLER to an address different from the BUYER's address, the delivery of the Product shall be made to this address. The BUYER accepts the delivery made in this way as if it were made to him. If the Product subject to the sale will be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person/organization to accept the delivery.

• The SELLER ensures the delivery of the Product to the BUYER in accordance with the qualifications specified in the order within the period committed to the BUYER from the date of receipt of the order. The SELLER is obliged to notify the BUYER within 3 (three) days if the SELLER cannot deliver the Product subject to the Contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as weather opposition, interruption of transportation that prevent delivery.

• Delivery Costs: Delivery and shipping costs belong to the Buyer. In cases where the Seller declares on its website that the delivery fee of those who shop above the announced figure will be covered by itself or that it will deliver free of charge within the campaign, the delivery costs belong to the Seller. In the case of product returns to be made by the Buyer, if the Buyer's contracted cargo company specified in Article 5 / 5.7 is used, the shipping cost is covered by the Seller.

• Delivery Time: The product will be delivered within an average of seven (7) business days. Delivery of products that cannot be delivered within the specified period may be extended up to a maximum of thirty (30) days from the day the order is submitted in accordance with the Legislation. If the product cannot be delivered within the legal maximum period of thirty (30) days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions, the Seller shall inform the Buyer about the delivery. In this case, the Buyer may cancel the order.

• Delivery Method: The delivery of the orders is made with contracted by the Seller's contracted cargo company( Cargo: Yurtiçi Kargo Servisi A.Ş. Courier: Kuryem Teknoloji A.Ş.). If the cargo company that will make the delivery does not have a branch in the location of the Buyer, the Buyer must pick up from another nearby branch to be notified by the Seller (the necessary information to the Buyer in this regard will be made by e-mail, SMS or telephone).

• The BUYER shall inspect the Product subject to the Contract before receiving it; dents, broken, torn packaging, etc. will not receive the damaged and defective product. The delivered Product shall be deemed to be undamaged and intact. The obligation to carefully protect the Product after delivery belongs to the BUYER.

• Products sold with a warranty certificate and products found to be defective or defective during delivery may be sent to the SELLER for the necessary repair to be made by the authorized service within the (defective) warranty conditions, in which case the delivery costs shall be borne by the SELLER. Product delivery shall not be made to anyone other than the person or persons authorized to receive delivery specified in this Contract and designated by the Buyer.

• During the delivery, the persons authorized to take delivery must present their identity cards. If these persons do not present their identity cards, delivery will be refused to them. If the product subject to the contract is to be delivered to a person or persons other than the Buyer, the Seller cannot be held responsible for the failure of the person or persons to be delivered to accept the delivery.

ARTICLE 7 - REPRESENTATIONS AND WARRANTIES OF THE BUYER

• The Buyer declares that he / she has read and informed the basic qualities of the product subject to the contract in the App, the sales price and the payment method and the preliminary information regarding the delivery and that he / she has given the necessary confirmation electronically.
• By confirming this contract electronically, the Buyer confirms that he / she has received accurate and complete information regarding the address that must be given to the consumer by the Seller before the conclusion of distance contracts, the basic features of the products ordered, the price of the products including taxes, payment and delivery information and the right of withdrawal.

• The Buyer shall inspect the product subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective products will not be received from the cargo company. In case of the above-mentioned damage or defects in the product, the Buyer must have a damage assessment report filled out and signed by the person making the delivery. If the Buyer notices the damage or defects that cannot be noticed during the delivery of the product from the cargo company after delivery, the Seller will be immediately notify via the e-mail address club.turkey@nespresso.com.

• After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the card belonging to the Buyer by unauthorized persons in a way not caused by the fault of the Buyer, it is obligatory to send the product to the Seller within three (3) days, provided that it has been delivered to the Buyer. If the non-payment of the product price is due to a fault or negligence of the Buyer, the transportation expenses belong to the Buyer.

• The buyer agrees and undertakes not to damage the product and its packaging in any way whatsoever if he/she wishes to return the product he/she has purchased, and to return the original invoice and delivery note at the time of return.

• The Buyer accepts, declares and undertakes that he/she will make transactions with the consent of the credit card or debit card holder in transactions requiring online payment methods and credit card or debit card use through the website; otherwise, he/she will be solely responsible for all kinds of expenses and damages, including attorneys' fees, which may arise from payment return, non-performance of the service or similar reasons, and will hold the Seller free from any claims that may arise from them.

• The Buyer declares and undertakes that the personal informations provided under this Contract are correct. The Buyer is responsible for the accuracy of personal information. The Buyer is responsible for all damages that the Seller may incur due to the inaccuracy of this information.

• By using the website, the Buyer accepts the Website Terms of Use and Privacy Policy (together referred to as the "Policies"). The Buyer accepts, declares and undertakes that he / she has reviewed the Policies and that he / she knows that the information or personal data he / she shares while shopping on the website is processed in accordance with the Policies.

• In this respect, in cases requiring the explicit consent of the Buyer in accordance with the legislation, the Seller shall process the personal data of the Buyer in accordance with the Policies and the explicit consent obtained, provided that the Buyer's explicit consent is obtained. In exceptional cases that do not require the explicit consent of the Buyer in accordance with the legislation and Policies, the personal data of the Buyer may be processed by the Seller without the explicit consent of the Buyer. Such processing may include, to the extent necessary for the performance of this distance sales contract and the delivery of the products, processing by the Seller or by the members of the group of companies to which it belongs, its current and future affiliates, subsidiaries, affiliated companies, successors and/or service provider third parties/organizations, transfers to third party recipient groups or administrative and judicial authorities specified in the Policies for this purpose. In this context, the Buyer accepts, declares and undertakes that he / she has been informed in terms of all transactions specified in the Policies but which do not require his / her explicit consent.

ARTICLE 8 - REPRESENTATIONS AND WARRANTIES OF THE SELLER

• The Seller undertakes to deliver the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals in cases where delivery is mandatory in accordance with the legislation.
• If the Seller cannot fulfill its contractual obligations in the event that the delivery of the product subject to the contract becomes impossible, it shall notify the Buyer of this situation and may supply a different product of equal quality and price or refund the product price at the discretion of the Seller.

• The Seller shall refund the amount of the product whose order is canceled to the relevant bank within fourteen (14) days after the order is canceled by the Buyer for payments made by the Buyer by card. After the Seller returns the canceled order amount to the relevant bank, the Seller is not responsible for the prolongation of the bank's return of the amount in question.

• The seller offers its products within the limits of the quantity available in stock.

ARTICLE 9 - RIGHT OF WITHDRAWAL

• The Buyer has the right of withdraw from the contract within fourteen (14) days from the date of receipt of the product without any legal and criminal liability by rejecting the product from the contract without any justification. The term of the right of withdrawal starts to run from the day the Buyer receives the product. However, the Buyer cannot use the right of withdrawal for products that are food products. Nespresso capsule coffees are food products.

• The Buyer shall make the notification of the exercise of the right of withdrawal in writing to the e-mail address club.turkey@nespresso.com or via permanent data storage. All right of withdrawal notifications must include the order number subject to withdrawal, the product and quantity subject to withdrawal and the telephone number.

• If the right of withdrawal is exercised, the Buyer sends the product to the address below with the return form. The Seller pays the shipping costs for the return process. If the Buyer does not carry out the return transaction with the contracted cargo company offered by the Seller, he/she bears the return costs.

Return Address: [-]

When returning the product subject to the right of withdrawal to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. The return section of the invoice to be returned with the product shall be filled in and signed by the Buyer.

• Following the exercise of the right of withdrawal, the Buyer must send the product back to the Seller within ten (10) days from the date of the notification of the exercise of the right of withdrawal to the Seller. The products to be returned with the exercise of the right of withdrawal must be delivered together with the box, packaging, standard accessories, if any, and the products given as a gift with the product.

• In the event that the Buyer exercises the right of withdrawal, the Seller undertakes to return the total amount received and any documents that put the Buyer under debt within fourteen (14) days at the latest from the date of receipt of the withdrawal notification without any expense to the Buyer.

• In order to exercise the right of withdrawal, the products must be unpacked, intact and unused. In addition, there are products that cannot be subject to the right of withdrawal due to their nature. Products that cannot be returned due to their nature are (i) products prepared in line with the Buyer's special requests or personal needs (including special products imported / supplied from within or outside the country based on the Buyer's order), (ii) products that may deteriorate quickly or expire, such as foodstuffs, (iii) products that may expire after the delivery of packaging, tape, seal, (iv) goods whose protective elements such as packaging have been opened and whose return is not suitable in terms of health and hygiene (iv) goods that are mixed with other products after delivery and cannot be separated due to their nature (v) all services performed instantly in electronic media and all kinds of intangible goods delivered to the consumer instantly, (vi) goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller, (vii) services whose performance is started within the right of withdrawal period with the approval of the Buyer, and (viii) other goods and/or services generally accepted outside the scope of distance sales in accordance with the relevant legislation and products purchased by the Buyer for commercial purposes.

• Nespresso capsule coffees are also food products and cannot be subject to the right of withdrawal.

• If there is a decrease in the value of the product for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. Payments for this damage can be made using one of the EFT, credit card or money order methods.

ARTICLE 10- OBSTINACY AND CONSEQUENCES

• In the event that the Parties do not fulfill their obligations arising from this Contract, the provisions of the Turkish Code of Obligations regarding the Obstinacy of the Debtor shall apply. In case of obstinacy, in the event that one of the Parties fails to fulfill his/her performance within the period without a justifiable reason, the other Party shall give the non-performing Party a period of 7 (seven) days to fulfill the performance in question. If the performance is not fulfilled at the end of this period, the non-performing Party shall be deemed to be in default and the other Party shall have the right to demand the delivery of the goods and/or termination of the Contract and the return of the price by demanding the performance of the performance.

• If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER agrees to pay the damage and loss of the SELLER due to the delayed performance of the debt.

ARTICLE 11- FORCE MAJEURE

• Circumstances that did not exist and could not be foreseen at the time of the signing of the Contract, that develop beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities undertaken with the Contract or to fulfill them on time, shall be considered as force majeure (natural disasters, war, terrorism, insurrection, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.).

• The Party in whose person the force majeure occurs shall immediately notify the other Party. During the continuation of force majeure, the Parties shall not be liable for any failure to fulfill their obligations. If this force majeure continues for 10 (ten) days, each Party shall have the right to terminate unilaterally.

ARTICLE 12 - MACHINE WARRANTY AND AFTER-SALES SERVICES

• NESPRESSO machines are warranted by their manufacturers under the terms and conditions listed in the original product documentation, without prejudice to your statutory consumer rights.

• For questions, help and advice regarding the operation, maintenance and after-sales service of your NESPRESSO machine, please call the Nespresso Club on 444 2021 or send an e-mail to club.turkey@nespresso.com .

ARTICLE 13 - COMPLAINTS AND APPEALS

In the event that the Buyer has a complaint or appeal regarding the products provided by the Seller, it may communicate such requests and complaints to the Seller via the contact information specified above.

ARTICLE 14 - DISPUTE RESOLUTION

This Contract is subject to Turkish law. In disputes that may arise from this Contract, Consumer Arbitration Committees until announced by the Ministry of Trade; Consumer Courts in the settlement of the BUYER for disputes over the specified value; Civil Courts of First Instance are authorized in places where there are no Consumer Courts.

ARTICLE 15 - MISCELLANEOUS PROVISIONS

The BUYER accepts, declares and undertakes that the official books and commercial records of the SELLER and the electronic information and computer records kept in its own database, servers and servers will constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement, and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

The BUYER declares, accepts and undertakes that he / she has read all the conditions and explanations written in this Agreement and in the order form that forms an integral part of it, has received, examined and accepted all the conditions of sale and all other preliminary information.

The BUYER may notify the SELLER of his/her requests and complaints regarding the product and sales verbally or in writing by contacting the SELLER through the following communication channels of the SELLER.

This Agreement, consisting of 15 (fifteen) articles and 11 (eleven) pages in total, has been concluded by the BUYER by declaring that the Preliminary Information Form and the Distance Contract have been read and accepted by the BUYER, and from this moment on, it takes effect and results.

E-Mail : club.turkey@nespresso.com.tr

Phone : 444 20 21

 

 

 NESPRESSO MOBILE APPLICATION PRELIMINARY INFORMATION FORM

1. SELLER

Trade Name: NESPRESSO TURKEY GIDA TİCARET A.Ş. ("Company" or "SELLER")

Mersis No: 0631135630200001

Address: Büyükdere Caddesi Nurol Plaza No:255 A- Blok Kat:6 34398,Maslak/Sarıyer, İstanbul

Phone: 0212 329 6000

Fax: 0212 329 6041

E-Mail Address: club.turkey@nespresso.com

2. SUBJECT

• The subject of this Preliminary Information Form ("Form") is the Product, the nature and price of which are specified below, purchased by ordering electronically through the Nespresso Mobile Application ("App") of the Company, It is to inform the consumers (hereinafter referred to as "BUYER") in accordance with the provisions of the Law No. 6502 on the Protection of Consumers ("Law") and the Distance Contracts Regulation ("Regulation") published in the Official Gazette dated November 27, 2014 and numbered 29188 regarding the sale and delivery of the product that has the qualifications written in the App and whose sales price is specified.

• By confirming this Preliminary Information electronically, before the conclusion of distance contracts, the address that must be given by the SELLER, the basic features of the ordered product and the total price of the product including taxes, payment and delivery information are also confirmed to be correct and complete.

• The rights and obligations contained in this form shall only be applicable in cases where the BUYER is a consumer under the Law No. 6502 on the Protection of Consumers, and otherwise, in cases where the BUYER acts as a merchant, tradesman, etc., the rights and obligations contained in this Form regarding the Parties shall not apply.

3. PRODUCT INFORMATION

• Product specifications are published in the App. If a campaign is organized by the SELLER, you can review the specifications of the relevant product during the campaign. The campaign and conditions are valid until the date specified in the App.

• The prices listed and advertised on the App are sale prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period. Likewise, any increase in taxes and/or duties related to the product subject to the purchase may directly affect the sales price and may cause an increase. The prices included in the Application at the time of visiting the Application are not absolute, and the SELLER has the right to change the product price at any time, even after the purchase is started, until the sales transaction is completed. Determination of the final sales price is at the sole discretion of the SELLER.

• The cash or futures sales price of the Product is the price included in the order form, as well as in the information e-mail sent at the end of the order and in the invoice content sent to the BUYER with the Product. Discounts, coupons, shipping fees and other applications made by the SELLER are reflected in the sales price.

• The BUYER pays the price of the Product by choosing one of the payment methods offered by the SELLER.

• The name, number and price of the vehicle subject to sale are as follows.

Product Name	Type	Brand	Quantity

4. PRODUCT DELIVERY METHOD

Delivery Date : Within 7 working days from the date of order

Delivery Address: [●]

Names of Persons to be Delivered: [●]

Billing Address: [●]

• The product subject to sale will be delivered to the relevant person at the above-mentioned delivery address of the BUYER by the cargo company authorized by the SELLER.

• The BUYER accepts that the delivery made to the address specified by the BUYER in the Distance Sales Contract ("Contract") and to the person present at the time of delivery at this address shall be deemed to be a delivery made to the BUYER. Even if the BUYER is not present at the address of the BUYER at the time of delivery, the SELLER shall be deemed to have fulfilled its performance in full and in full. All kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the courier / cargo company belong to the BUYER.

• If the SELLER requests the delivery of the product subject to sale to an address different from the BUYER's address with the BUYER's request and instruction, the delivery of the product is made to this address. The BUYER accepts the delivery made in this way as if it were made to him. If the product subject to the sale will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person / organization to accept the delivery.

• The SELLER ensures the delivery of the product to the BUYER in accordance with the qualifications specified in the order within the period committed to the BUYER from the date of receipt of the order. The SELLER is obliged to notify the BUYER within 3 (three) days if the SELLER cannot deliver the product subject to the Contract within the period due to stock depletion and similar commercial impossibilities, unexpected circumstances, force majeure or extraordinary circumstances such as weather opposition, interruption of transportation that prevents delivery.

• Delivery Costs: Delivery and shipping costs belong to the Buyer. In cases where the Seller declares on its website that the delivery fee of those who shop above the announced figure will be covered by itself or that it will deliver free of charge within the campaign, the delivery costs belong to the Seller. In the case of product returns to be made by the Buyer, if the Buyer's contracted cargo company specified in Article 5 / 5.7 is used, the shipping cost is covered by the Seller.

• Delivery Time: The product will be delivered within an average of seven (7) business days. Delivery of products that cannot be delivered within the specified period may be extended up to a maximum of thirty (30) days from the day the order is submitted in accordance with the Legislation. If the product cannot be delivered within the legal maximum period of thirty (30) days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions, the Seller shall inform the Buyer about the delivery. In this case, the Buyer may cancel the order.

• Delivery Method: The delivery of the orders is made by the cargo company [___] contracted by the Seller. If the cargo company that will make the delivery does not have a branch in the location of the Buyer, the Buyer is required to receive the delivery from another nearby branch to be notified by the Seller (the necessary information to the Buyer in this regard will be made by e-mail, SMS or telephone).

• The BUYER shall inspect the Product subject to the Contract before receiving it; dents, broken, torn packaging, etc. will not receive the damaged and defective product. The delivered Product shall be deemed to be undamaged and intact. The obligation to carefully protect the Product after delivery belongs to the BUYER.

• Products sold with a warranty certificate and products found to be defective or defective during delivery may be sent to the SELLER for the necessary repair to be made to the authorized service within the (defective) warranty conditions, in which case the delivery costs will be covered by the SELLER.

• Product delivery shall not be made to anyone other than the person or persons authorized to receive delivery specified in this Form and designated by the Buyer. During delivery, the persons authorized to receive delivery must present their identity card. If these persons do not present their identity cards, delivery will be refused to them. If the product subject to the contract is to be delivered to a person or persons other than the Buyer, the Seller cannot be held responsible for the failure of the person or persons to be delivered to accept the delivery.

5. PRODUCT PRICE AND PAYMENT METHOD

• Product Price

The type, quantity, model, color, sales price including taxes and delivery information of the goods subject to the contract are given below.

Product Name and Code	Quantity	Total Amount Including VAT
[●]	[●]	[●]
Shipping Cost	[●]	[●]
Collection Service Fee	[●]	[●]
[●]

Capsule coffees are subject to a 1% VAT rate and machines and accessories are subject to a 20% VAT rate.

• For orders placed on the website, payment is made through the online virtual pos application, while for orders placed via telephone, payment can be made by credit card using the mail order method, no interest rate difference is applied for both payment methods. There is no payment during delivery.

• Orders placed by phone, payment can be made by bank transfer (Money Order, EFT).

• The BUYER pays the price of the Product by choosing one of the credit/debit card payment methods offered by the SELLER. In order for the BUYER to pay by credit / debit card, the credit / debit card information must be filled in the relevant section completely and completely. The Buyer accepts that he/she is under the obligation to pay for the product or service he/she has chosen by clicking the "Place Order" button on the site following the approval of the Preliminary Information Form and the Distance Sales Contract or by confirming the order for orders placed by phone. The total sales price will be collected from the Buyer following the payment confirmation if the Buyer chooses to pay by credit card or debit card through the online virtual pos application.

• The BUYER may make a single payment by credit and debit card, or a deferred payment may be made by dividing it into as many installments as may be determined within the scope of the campaigns. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank shall apply. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as installment deferral. Such campaigns are at the initiative of the Bank.

• Since forward sales can only be made with credit cards belonging to the Bank, the BUYER agrees, declares and undertakes that he/she will confirm the relevant interest rates and information on default interest from the Bank separately, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.

• In case the payments are made in installments, the reflection of the refund to the credit card in installments each month is entirely related to the Bank's processes and practices. In this case, the BUYER will not be able to request the SELLER to pay the refund amount in another way.

6. RIGHT OF WITHDRAWAL

• The Buyer has the right to withdraw from the contract within fourteen (14) days from the date of receipt of the product without any legal and criminal liability by rejecting the product from the contract without any justification. The period of the right of withdrawal starts to run from the day the Buyer receives the product. However, the Buyer cannot use the right of withdrawal for products that are food products. Nespresso capsule coffees are food products.

• The Buyer shall make the notification of the exercise of the right of withdrawal in writing by specifying the e-mail address club.turkey@nespresso.com or via permanent data storage. All right of withdrawal notifications must include the order number subject to withdrawal, the product and quantity subject to withdrawal and telephone number.

• If the right of withdrawal is exercised, the Buyer sends the product to the address below with the return form. The Seller pays the shipping costs for the return process. If the Buyer does not carry out the return transaction with the contracted cargo company offered by the Seller, he/she bears the return costs.

Return Address: [-]

When returning the product subject to the right of withdrawal to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. The return section of the invoice to be returned with the product shall be filled in and signed by the Buyer.

• Following the exercise of the right of withdrawal, the Buyer must send the product back to the Seller within ten (10) days from the date of the notification of the exercise of the right of withdrawal to the Seller. The products to be returned with the exercise of the right of withdrawal must be delivered together with the box, packaging, standard accessories, if any, and the products given as a gift with the product.

• In the event that the Buyer exercises the right of withdrawal, the Seller undertakes to return the total price received and any documents that put the Buyer under debt within fourteen (14) days at the latest from the date of receipt of the withdrawal notification without any expense to the Buyer.

• In order to exercise the right of withdrawal, the products must be unpacked, intact and unused. In addition, there are products that cannot be subject to the right of withdrawal due to their nature. Products that cannot be returned due to their nature are (i) products prepared in line with the Buyer's special requests or personal needs (including special products imported / supplied from within or outside the country based on the Buyer's order), (ii) products that may deteriorate quickly or expire, such as foodstuffs, (iii) products that may expire after the delivery of packaging, tape, seal, (iv) goods whose protective elements such as packaging have been opened and whose return is not suitable in terms of health and hygiene (iv) goods that are mixed with other products after delivery and cannot be separated due to their nature (v) all services performed instantly in electronic media and all kinds of intangible goods delivered to the consumer instantly, (vi) goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller, (vii) services whose performance is started within the right of withdrawal period with the approval of the Buyer, and (viii) other goods and/or services generally accepted outside the scope of distance sales in accordance with the relevant legislation and products purchased by the Buyer for commercial purposes.

• Nespresso capsule coffees are also food products and cannot be subject to the right of withdrawal.

• If there is a decrease in the value of the product for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. Payments for this damage can be made using one of the EFT, credit card or money order methods.

7. FORCE MAJEURE

• Circumstances that did not exist and could not be foreseen at the time of the signing of the Contract, that develop beyond the control of the Parties, that make it impossible for one or both of the Parties to partially or completely fulfill their obligations and responsibilities undertaken with the Contract or to fulfill them on time, shall be considered as force majeure (natural disasters, war, terrorism, insurrection, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.).

• The Party in whose person the force majeure occurs shall immediately notify the other Party. During the continuation of force majeure, the Parties shall not be liable for any failure to fulfill their obligations. If this force majeure continues for 10 (ten) days, each Party shall have the right to terminate unilaterally.

8. COMPETENT COURT

• This Form is subject to Turkish law. In disputes that may arise from this Form, Consumer Arbitration Committees until announced by the Ministry of Trade; Consumer Courts in the settlement of the BUYER for disputes over the specified value; Civil Courts of First Instance are authorized in places where there are no Consumer Courts.

9. MISCELLANEOUS PROVISIONS

• The BUYER may notify the SELLER of his/her requests and complaints regarding the product and sales verbally or in writing by contacting the SELLER through the following communication channels of the SELLER.

E-Mail : club.turkey@nespresso.com

Phone : 444 20 21

 

 

NESPRESSO TURKEY GIDA TİCARET A.Ş.

NESPRESSO MOBILE APP

PROCESS GUIDELINE

1. How can I order?

In order to place an order through the Nespresso Mobile Application ("Application"), the user must first create a Nespresso Club user account ("Account"). You can create a user account through the application or through our call center 444 2021 .

2. How can I sign up for the mobile app?

• Click on the "Account" icon at the bottom of the mobile application.
• Click on "Login" at the bottom of the screen that opens.
• Click on "Create an account".
• "Step 1: General Information", fill in the required information. Then click on "Continue with registration".
• "Step 2: Address Details" section, please fill in the required information. Carefully read the texts on Clarification, Explicit Consent and Terms of Use. Then click on "Continue registration".
• "Step 3: Your machine", select the machine you have registered with Nespresso. Fill in the necessary information. Then click on "Continue with the registration".
• To verify your e-mail address, click on the link in the e-mail sent by Nespresso to verify your e-mail address.

Congratulations, your Nespresso Club user account has been created. Welcome to the Nespresso family.

3. I am a registered user, how can I order?

• Log in to the mobile app with your Nespresso Club user account.
• Select the product or products you wish to order and add them to the cart. Go to your cart by clicking on the shopping package icon at the bottom of the application.
• After checking the products you have added, click "Continue".
• Check your "Step 1: my delivery address" address information. If you want your order to be delivered to a different address, you can click on your delivery address and edit the existing delivery address or add a new delivery address. Then select the delivery method (Standard delivery or same day delivery). After checking your delivery address and delivery method, click "Continue".
• In "Step 2: My billing address", select "pay by credit card or bank". Enter your card details. In this section, you can edit your billing address or add a new billing address by clicking on your billing address. After checking your card details and billing address, click "Continue".
• Read the Nespesso "preliminary information form" followed by the "distance sales contract. If you agree, click on the relevant place. Click on "complete the purchase".

Congratulations, your purchase is complete.

4. How can I repeat my order?

You can repeat your last order by clicking on the "Repeat Order" icon at the bottom of the mobile application.

If you wish to order another product, you must follow the steps described in the second section.

5. How can I cancel my order?

You can cancel your order through our call center at 800 211 01 00. Our customer representative will help you with this.

Please follow the steps below to cancel your order via the application:

• Log in to the mobile app with your Nespresso Club user account.
• Click on the "Account" icon at the bottom of the mobile application.
• Go to the Order History tab.
• Select the product you want to cancel.
• Click on the "Cancel" button.

6. Contract Retention

Contracts created regarding your order are stored electronically. You can access these agreements in your order confirmation email.

7. Retrieval and Modification of Order Information

You can always change the information in your data entry during your order before you pay. In addition, if you have a membership, you can always track the status of your orders by clicking on the "My Account" tab at the top of the page.

8. Privacy Rules

You can access our Privacy Policy from the link https://www.nespresso.com/tr/tr/legal-information at the bottom of the home page.

9. Alternative Dispute Resolution Mechanisms

In case of a dispute, you may apply to the Consumer Arbitration Committee or the Consumer Court or the Civil Courts of First Instance where there is no Consumer Court within the scope of the provisions of the Law No. 6502 on the Protection of Consumers.

ABOUT TAX EXEMPTION

We kindly request our customers with diplomatic exemption to place their orders by contacting the Customer Service Center (0 800 211 01 00 / 444 20 21) so that their exemption can be applied. VAT exemption cannot be applied in your order for your invoice that will occur if your order is placed on the WEB. “We kindly request our customers with Free Zone (FTZ) VAT exemption to place their orders by contacting the Customer Service Center (0 800 211 01 00 / 444 20 21) so that VAT exemption can be applied to their invoices. Otherwise, VAT exemption cannot be applied to your invoice.