1. Applicability
1.1. These Terms and Conditions regulate “My Plan Nespresso”, hereinafter referred as PLAN, executed between yourself and Nestlé Portugal, Unipessoal, Lda. – Nespresso Division (Nespresso), with head offices at Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha, legal person no. 500.201.307, registered at the Commercial Registry Office of Cascais.
1.2. By choosing the PLAN you accept these Terms and Conditions.
1.3. The PLAN can only be executed by natural persons, over 18 years of age, residing at Portugal and legal persons with head offices in Portugal. Each natural or legal person can only have one PLAN, choosing between a Machine or Coffee plan, that is, you can only subscribe to a second PLAN after the first one has been terminated/is no longer active.
1.4. Consumers or companies wishing to benefit from the PLAN must be registered as Nespresso customers. Should they not be registered, they must do so through the website www.nespresso.com/pt/pt, through the Customer Relationship Centre available on the toll-free number 800 260 260 or at any Nespresso Boutique.

\n2. “My Plan Nespresso”
2.1. This PLAN consists of the purchase of a Nespresso machine from the models available for € 1 (one euro), upon payment of a fixed monthly instalment, the amount of which shall depend on the selected machine model, during a 12- or 18-month period. The monthly fixed instalment shall be completely reversed into credit available for use when buying Nespresso coffee and products.
2.2. The PLAN can be executed with Nespresso through the following channels:
a) online through the website www.nespresso.com/pt/pt;
b) at Nespresso Boutiques.

\n 3. Payment Methods
3.1. Online Subscription (Ecommerce):
3.1.1. Should you conclude your PLAN through the Nespresso website, monthly instalments shall be paid exclusively through a credit card stipulated for this purpose, and payments shall be deducted from said card monthly during the term of the PLAN.
3.1.2. The first instalment shall be paid upon purchase of the selected machine and will be completely reversed into credit and made available in the customer's account within a maximum period of 2 (two) business days.
3.1.3. To ensure that your credit card is not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.
3.1.4. No changes to the payment medium mentioned in 3.1.1 can be made during the term of the PLAN, however, credit card information should be updated whenever necessary by the Customer.
3.1.5. The change of the payment medium mentioned in 3.1.1. will only be allowed in exceptional situations during the term of the PLAN.
3.1.6. Credit card information should be updated whenever necessary by the Customer.
3.2. Subscription at Nespresso Boutiques:
3.2.1. Should you conclude your machine PLAN at Nespresso Boutiques (2.2.b), monthly instalments can be paid through direct debit, and for this purpose, you must provide your bank details, as well as a corresponding proof and direct debit authorization, or, should you conclude your PLAN through the service Boutique via Tablet, through credit card, being the monthly instalments paid on the credit card provided during the term of the PLAN.
3.2.2. The first instalment of the PLAN will be paid upon purchase of the selected machine, immediately reversed into credit in the customer's account, that can be used to purchase Nespresso capsules and other Nespresso products (excluding any Limited Editions to be defined at any time). The remaining instalments shall be deducted monthly from the above-mentioned account or credit card.
3.2.3. Changes to the payment medium will only be allowed on exceptional situations during the term of the PLAN.
The change request to the bank account should be performed exclusively through the toll-free number 800 260 260 or through the form available at https://www.nespresso.com/pt/pt/contact-us.
The change of the credit card information should be performed exclusively through Nespresso Customer account at www.nespresso.com/pt/pt.

\n4. Use of Credits
4.1. The monthly instalments paid for the PLAN, during the term, shall be credited to your Nespresso Customer account.
4.2. The receivable credit is debited monthly, in the bank account or credit card, on a recurring date and to be defined at the time of subscribing the PLAN, and the availability can occur up to 4 working days after the payment.
4.3. The credit available (in an amount equal to the instalments paid by the Customer) can be used to purchase Nespresso capsules and other products (excluding any Limited Editions to be defined at any time) through the following Nespresso sales channels:
a) online through the website www.nespresso.com/pt/pt;
b) online through the Nespresso App;
c) at Nespresso Boutiques;
d) at N-Point Terminals;
e) Customer Relationship Centre available on the toll-free number 800 260 260
4.4. The credit is non-refundable and non-transferable and may not be exchanged for a cash equivalent, and must be used by the customer for his benefit within the period provided for that purpose.
4.5. Should you not use the available credit in the month in which it is made available, the corresponding credit amount shall accrue to the credit of the following month, and so on; unused credit amounts shall remain available up to 2 years from the termination date of the PLAN (except in cases of non-compliance or early termination).
4.6. Any credit remaining after the above-mentioned time period, or regardless of the time period, in cases of non-compliance or early termination of the PLAN, shall expire and the Customer shall not receive any refund.
4.7. The Customer can check their current credit balance by accessing their account at www.nespresso.com/pt/pt.
4.8. The Customer cannot use any available credit on his Nespresso Customer account to pay monthly instalments of the current PLAN or subscribe a new one.

\n5. Cooling Off Period (exclusive for online Subscriptions (eCommerce))
5.1. Should you have concluded this PLAN outside our Boutiques, through the www.nespresso.com/pt website, you have the right to freely terminate your PLAN, without giving any reason, within 14 days after you have received the selected Nespresso coffee machine - during the so-called “Cooling off Period”.
5.2. To exercise your right to free termination of the PLAN, you must communicate your decision by means of a clear, written statement during the 14-day deadline. You can use the “Contact Us” option on the website available at https://www.nespresso.com/pt/pt/contact-us, or through letter to Nespresso Customer Service, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
5.3. You must return or deliver us the Nespresso coffee machine and any capsules you have received, or that were shipped during the notification period when you notified us of your wish to exercise your termination right. For this purpose, contact our Customer Relationship Centre on 800 260 260 to schedule the collection.
5.4. You must return the Nespresso coffee machine(s) clean and in good condition, coffee sleeves must be closed and/or accessories purchased with the Credits from your first monthly instalment. The Customer shall proceed accordingly otherwise the return may not be accepted.
5.5. By exercising the right to free termination within the 14-day deadline set in clause 5.1. above, we shall reimburse you all payments made, including shipping expenses.
5.6. The reimbursement shall be made using the same payment method used in the purchase, no later than 14 days after we receive the Nespresso coffee machine and any capsules and/or accessories you have returned to us. You shall bear no charges with this reimbursement.
5.7. Should you terminate your contract before receiving the Nespresso coffee machine, any capsules and/or accessories, we shall refund you within 14 days from the date when the return service was registered. We may retain the reimbursement until we receive the Nespresso coffee machine, any capsules and/or accessories.

\n6. Contract Term
6.1. The PLAN shall have a 12- or 18- month term from the date of its execution.
6.2. The PLAN ends automatically at the end of the chosen period, without prejudice the accumulated credit, as established in clause 4.
6.3 The end of the PLAN does not affect any unused credit amounts, that shall remain available for use by the Customer up to 2 years from the termination date of the PLAN.

\n7. Early termination and Breach of contract
7.1. Should you wish to terminate your PLAN before the end of the term, you can do so by means of a clear, written statement, through the “Contact Us” option on the website available at https://www.nespresso.com/pt/pt/contact-us, or through letter to Nespresso Customer Service, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
7.2. Cancellation of the PLAN before the end of its term requires payment of a cancellation fee corresponding to the chosen machine, minus any credits in your Nespresso customer account. The cancellation fee value will not be converted into credit.
7.3. The previous clause does not apply should you exercise the right of free termination, as established in clause 5.
7.4. In case of failure to pay the monthly instalment on its due date, Nespresso shall freeze your access to your Nespresso account and credit until such payment is made.
7.5. If the payment remains pending 60 days following the monthly instalment’s due date, Nespresso may terminate the PLAN with just cause, the penalties provided for in clause 8.2. shall apply and all the available credit on your Nespresso account will be expired.

\n 8. Protection of Personal Data
Person Responsible
Nestlé Portugal, Unipessoal, Lda. E NestléNespresso, S.A.

Purpose
To manage and fulfil the obligations arising from the My Plan Nespresso

Legal grounds
Compliance with legal and contractual obligations

Data recipients
Nestlé does not share data with third parties, except for compliance with legal obligations, nor does it use them for purposes other than those defined in this document. Nestlé can share data with processors for compliance with contractual obligations arising from the Plan.

Rights
You can access, correct and delete your data from your online client account, Customer Relationship Centre on 800 260 260 or at any Nespresso Boutique

Storage period
For the period necessary for compliance with contractual and legal obligations

Additional information
Any queries or claims must be addressed to our Data Protection Champion: dataprotectionPT@pt.nestle.com. You can also file a claim with the Comissão Nacional de Proteção de Dados [Portuguese Commission for the Protection of Personal Data] through the website www.cnpd.pt
You can access our Privacy Policy for information on how Nespresso uses your data at www.nespresso.com/pt/en/legal

\n 9. Other conditions
9.1. The PLAN is limited to the existing stock.
9.2. The PLAN is not transferable between distinct Nespresso accounts.
9.3. Nespresso may change the PLAN terms and conditions provided it gives prior notice to customers.
9.4. Nespresso has the right to cancel the PLAN at any time.
9.5. PLANS subscribed online (eCommerce) shall also be governed by the remaining remote sales conditions available at www.nespresso.com/pt in everything that do not conflict with these conditions.
9.6. These conditions are governed by Portuguese law, with exclusive competence by the Oeiras jurisdiction in case of dispute.
9.7. In case of dispute, you may, as an alternative, use an Alternative Dispute Resolution Body available at www.consumidor.pt.
Nestlé Portugal, Unipessoal, Lda., Divisão Nespresso
Initial Version: November 22, 2017
Updated Version: January 18, 2022

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