Terms and Conditions

• 1. Applicability of General Conditions of Sales

  1.1 Each order placed with Nestlé Nespresso S.A., Nespresso Division (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
  
  1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
  
  1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
  
  1.4 Some services available on this website are provided by third party contractors for the purpose, in the name and on behalf of Nespresso, particularly for the transport of goods purchased.
  
  
  
  

• 2. Registration

  2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
  
  2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
  
  

• 3. Password

  3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
  
  3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
  
  3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
  
  

• 4. Orders

  4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
  
  4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
  
  4.3 Nespresso offers its products on this website within the limits of its available stocks.
  
  
  
  

• 5. Order Confirmations

  5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
  
  5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
  
  5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
  
  

• 6. Easyordering

  6.1. Easyordering allows you to re-order and pay your Nespresso capsules, as well as selected accessories, automatically, based on a defined frequency.
  
  6.2. The General Conditions of Sale apply automatically to any order submitted via Easyordering. In case there is a conflict between the General Conditions of Sale and the conditions under this clause, specifically related to Easyordering, the conditions of this clause prevail.
  
  6.3. Up to 3 days prior to your recurrent order being shipped by Nespresso, you will be notified to inform and remember about the date of dispatch, the details of your basket, the total price of your recurrent order and if there some product out of stock.
  
  6.4. Payments should be made through the available payment methods. All recurrent orders will be charged on dispatch.
  
  6.5. If you make your payment by credit card and we are not able to charge it, Nespresso will place your order on hold and send you a notification informing you that the payment could not be completed. Your order will be shipped after we receive the payment receipt.
  
  6.6. The customer is entitled to cancel the Easyordering subscription, cancel one or more recurrent orders or change the products in the basket, frequency or any customer details at any time and for free.
  
  6.7. If the client cancels a specific order or his Easyordering until 23h59m before the date of shipment, he can refuse the delivery of the product(s) and, if they were already received, return the goods.
  
  6.8. If one of the products included in your recurrent order is currently out of stock, in the notification "your order will be sent shortly," Nespresso will give you this information and will continue to send you your other recurrent orders with the frequency requested, unless the order is canceled by you.
  
  6.9. It will not be charged to the customer any product(s) that are out of stock.
  
  6.10. You will have the opportunity to benefit from any promotional offers specifically related to your Easyordering subscription. These specific promotions related to the Easyordering service, will not apply to any order placed outside the Easyordering subscription service.
  
  6:11 With your Easyordering account, you also have the possibility to benefit from promotions and general campaigns that are underway. Other promotional offers announced during or around the processing period of your recurrent order are not automatically considered by your Easyordering subscription service. To benefit from such promotions, it is recommended to place a separate order and change the following shipping date of your Easyordering subscription.
  
  

• 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 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
  
  7.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
  
  

• 8. Payment

  8.1 Established prices include VAT at the legal rate. There will not be granted any discounts unless prior agreement between the parties.
  
  8.2 Payments for orders can be made through ATM, credit card, direct debit or upon delivery via cash (up to a maximum of €200) or debit card. The terms of payment if you choose to pay by ATM is 15 days after the date of invoice.
  
  8.3 The first order made after the Member registration will be mandatorily charged trough cash on delivery, or by credit card.
  
  8.4 The payment of any machine purchase on this website is done exclusively through credit card or cash on delivery.
  
  8.5 Unless expressly agreed, any complaint presented by the client does not give him the right to suspend or defer a portion or all the payment due or to operate any compensation to his benefit.
  
  8.6 Nespresso reserves the right to refuse any order in the event of late payment or internal decision until the full settlement of the outstanding amount in debt.
  
  8.7 In case of late payment shall accrue interest will be apply automatically at the legal rate plus 5% interest rate, by way of penalty clause, upon; the value of invoices not paid on maturity.
  
  8.8 VISA and Mastercard Credit Card payments are processed by Nestlé Treasury Center Europe, 69, rue de Merl, L-2146-Luxembourg.
  
  

• 9. Delayed Payment

  9.1 In case of delay in payment, you will be charged with interest on the outstanding balance and any of any administrative and legal costs occurred.
  
  9.2 Nespresso reserves the right to refuse any new order until full settlement of the balance due.
  
  

• 10. Delivery

  10.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order and warehouse expedition.
  
  10.2 Nespresso does its utmost to ensure deliveries within no seguinte prazo:
  
  - Portugal continental - order placed until 20:30, delivery in the next working day (after 20:30, delivery in 2 working days)
  
  - Madeira – order placed until 16:00, delivery in 2 working days (after 16:00, delivery between 3 to 6 working days)
  
  - Açores - Delivery between 3 to 6 working days
  
  10.3 Deliveries will only be made in Continental Portugal and the archipelagos of Madeira and the Azores.
  
  

• 11. Verification of Merchandise

  11.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
  
  11.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
  
  

• 12. Returns

  12.1 The products ordered will be delivered to the address indicated by the customer, and shipping costs will be partially supported by the costumer.
  
  12.2 The ordered goods will be delivered within the deadlines described in clause 9.2 via a service provider acting on behalf and on behalf of Nespresso, designated for that purpose.
  
  12.3 It is for the customer to verify the quantity and condition of the goods when the respective delivery.
  
  12.4 In case the client detect damage or missing items , must notify and file complaints with the Nespresso in the following 7 days to delivery . In such circumstances, Nespresso will provide you with identical replacement merchandise.
  
  12.5 The consumer has the right of withdrawal from this contract within 14 calendar days, without giving any reason.
  
  12.6 The period for exercising the right of withdrawal shall expire 14 days from the day following the day on which the costumer acquires, or a third party designated by him, other than the carrier, the physical possession of the property.
  
  12.7 In order to exercise his right of withdrawal, must communicate by letter to the address given in paragraph 15. , or by email to club.portugal@nespresso.com expressing its decision to terminate this contract by a clear statement (eg , letter sent by post, fax or email ) . If you want, you can use the model withdrawal form available here.
  
  12.8 In order for the period of withdrawal to be respected, the communication concerning the exercise of the right of withdrawal can be sent before the end of the withdrawal period.
  
  12.9 Upon termination of this contract, you will be refunded all payments made, including the cost of delivery (except for additional costs resulting from the choice of a different type of shipping from the least expensive type of standard delivery by us offered) without undue delay and in any event no later than 14 days from the date on which we are informed of its decision to terminate this contract.
  
  12.10 We have carried out such reimbursement using the same means of payment used in the initial transaction, unless expressly agreed otherwise with you; in any case, does not incur any costs as a result of such reimbursement . We may withhold reimbursement until we have received the goods back, or even to provide proof of shipment of the goods, whichever occurs first.
  
  12.11 You must return the goods without undue delay and no later than 14 days from the day on which the resolution of freedom of contract is informed. It is considered that the deadline is met if you return the goods before the deadline of 14 days. You will have to bear the direct cost of returning the goods. These costs are estimated at approximately € 16 max.
  
  12.12 It will only be responsible for the depreciation of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods only.
  
  12.13 The right of withdrawal does not apply to food products.
  
  

• 13. Machine Warranty

  13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
  
  13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
  
  

• 14. After-Sales Service

  14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
  
  14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
  
  

• 15. Limitation of Liability

  15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
  
  

• 16. Nespresso Contacts

  For questions or complaints, you can contact the Nespresso via the contact form available here as well as calling the Nespresso Club through 800 260 260, or to the address indicated below.
  
  Nestlé Portugal, S.A
  Nespresso Division
  Rua Alexandre Herculano, 8
  2799-554 Linda-a-Velha
  

• 17. Force Majeure

  17.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
  
  17.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
  
  

• 18. Codes of Conduct

  The NESTLÉ is associated with the ICAP- Instituto Civil da Autodisciplina da Comunicação Comercial and is therefore bound by its Code of Conduct. You can access the Code in www.icap.pt.
  
  

• 19. Applicable Law and Forum

  19.1 The present General Conditions of Sale are governed by the Portuguese laws and the parts agree to submit themselves to the exclusive jurisdiction of the Portuguese courts.
  
  19.2 In case of dispute arising out of claims of a product purchased exclusively through our website, you can submit your complaint here:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=P.
  
  You can also use an Alternative Resolution Entity of consumer disputes: CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo
  Faculdade de Direito da Universidade Nova de Lisboa
  Campus de Campolide
  1099-032 Lisboa
  Telefone:21 384 74 84, / 91 922 55 40, Fax:21 384 52 01
  E-mail:cniacc@fd.unl.pt
  http://www.arbitragemdeconsumo.org/
  
  Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra
  Av. Fernão de Magalhães, 240- 1º
  3000-172 COIMBRA
  Telefone: 239 821 289 / 239 821 690
  Fax: 239 821 690
  E-mail: geral@centrodearbitragemdecoimbra.com
  http://caccdc.org.pt/
  
  Centro de Arbitragem de Conflitos de Consumo de Lisboa
  Rua dos Douradores, 108 - 2º e 3º
  1100-207 LISBOA
  Telefone: 21 880 70 30
  Fax: 21 880 70 38
  E-mail: juridico@centroarbitragemlisboa.pt; director@centroarbitragemlisboa.pt
  Web: www.centroarbitragemlisboa.pt
  
  Centro de Arbitragem de Conflitos de Consumo da Região da Madeira
  Rua da Figueira Preta, n.º 10 – 3.º andar
  9050-014 Funchal
  Telefone: 291 750 330
  Fax: 291 750 339
  E-mail: centroarbitragem.sras@gov-madeira.pt
  
  Centro de Informação e Arbitragem do Porto
  Rua Damião de Góis, 31 loja 6
  4050-225 PORTO
  Telefone: 225 029 791 e 225 508 349
  Fax: 225 026 109
  E-mail: cicap@mail.telepac.pt
  http://www.cicap.pt
  
  Centro de Informação e Arbitragem de Vale do Ave
  R. Capitão Alfredo Guimarães,1
  4800-019 GUIMARÃES
  Telefone: 253 422 410
  Fax: 253 422 411
  E-mail: triave@gmail.com
  http://www.triave.pt
  
  Centro de Informação e Arbitragem do Vale do Cávado
  Braga:
  R. D. Afonso Henriques, nº1 (Ed. Da Junta de Freguesia da Sé)
  4700-030 BRAGA
  Telefone: 253 617 604
  Fax: 253 617 605
  E-mail: geral@ciab.pt
  http://www.ciab.pt/
  
  Viana do Castelo
  Av. Rocha Paris, n.º 103 (Ed. Villa Rosa)
  4900-394 VIANA DO CASTELO
  Telefone: 258 806 267
  Fax: 258 806 269
  E-mail: ciab.viana@cm-viana-castelo.pt
  http://www.ciab.pt/
  
  Centro de Informação, Mediação e Arbitragem do Algarve
  sala 26 do 3º andar do Edifício da ANJE, sito no Edifício Ninho de Empresas
  Estrada da Penha
  8000 - 151 Faro
  Telefone: 289 823 135
  Fax: 289 812 213
  E-mail: cimaal@mail.telepac.pt
  http://www.cimaal.pt/home/
  
  Find out more on Consumer Portal www.consumidor.pt.
  
  NESTLE PORTUGAL, S.A
  NESPRESSO DIVISION
  Efective Date: 06/2014
  Last update: 05/2016
  

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