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CONDITIONS OF THE ORIGINAL AND VERTUO NESPRESSO MACHINE PLAN
1. Applicability
1.1. These Terms and Conditions regulate “My Plan Nespresso”, hereinafter referred as PLAN.
1.2. The PLAN chosen is 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.
1.3. By choosing the PLAN you accept these Terms and Conditions.
1.4. 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a Machine or Coffee plan, that is, you can only subscribe to a second PLAN after the first one has been terminated/is no longer active.
1.5. 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.
2. Payment Methods
2.1. Online Subscription (Ecommerce):
2.1.1. Should you conclude your PLAN through the Nespresso website, monthly instalments shall be paid exclusively through a bank card stipulated for this purpose, and payments shall be deducted from said card monthly during the term of the PLAN.
2.1.1.1. The respective card must have permissions for international and recurring payments.
2.1.1.2. If it is a virtual credit card, the amount must be greater than the monthly fee paid.
2.1.2. The first instalment shall be paid upon purchase of the PLAN and will be completely reversed into credit and made available in the customer's account within a maximum period of 2 (two) business days, after invoicing.
2.1.3. To ensure that your bank card is not being used without your consent, we reserve the right to confirm, in our databases and from third-party, name, address and other personal information supplied by you during the order process.
2.1.4. No changes to the payment mode mentioned in 2.1.1 can be made during the term of the PLAN, except in exceptional situations upon approval by Nespresso.
2.1.5. Bank card information should be updated whenever necessary by the Customer.
2.2. Subscription at Nespresso Boutiques:
2.2.1. Should you conclude your machine PLAN at Nespresso Boutiques, monthly instalments can be paid through the following payment modes:
a) Direct debit, and for this purpose you must formalize the acceptance of these Terms and Conditions, provide your bank details, as well as a corresponding proof and direct debit authorization. The first monthly fee is €1 (except for the Creatista Plus and Creatista Pro models, available for €120 (one hundred and twenty euros) and €240 (two hundred and forty euros), respectively) paid upon purchase and the following by direct debit;
b) Bank card, through the sales terminals, where to ensure the security of the transactions and that your bank card is not being used without your consent, the record of the card for the recurrent payments is made automatically during the payment of the first instalment. To confirm the operation, it is also necessary formalize the acceptance of these Terms and Conditions.
2.2.2. The details of the PLAN holder must match the bank details provided for payment of the monthly fee.
2.2.3. The first instalment of the PLAN will be paid upon purchase of the PLAN, immediately reversed into credit in the customer's account. The remaining instalments shall be deducted monthly on a recurring date and to be defined at the time of subscribing the PLAN, from the above-mentioned account or bank card, indicated in 2.2.1..
2.2.4. The credit for your subsequent monthly payments may take up to 4 business days to be available in your customer account.
2.2.5. Changing the payment method referred to in 2.2.1 is not permitted. during the term of the PLAN, except in exceptional situations with the approval of Nespresso.
2.2.6. In the case of payment by direct debit, the request to change the bank account must be made exclusively through the toll free number 800 260 260 or through the form available at https://www.nespresso.com/pt/pt/contact-us.
2.2.7. In the case of payment by bank card, the bank card change must be made through your account at www.nespresso.com/pt/en or the toll free number 800 260 260.
3. Use of Credits
3.1. The monthly instalments paid for the PLAN, during the term, shall be credited to your Nespresso Customer account. redited to your
Nespresso Customer account.
3.2. The receivable credit is debited monthly, in the account or bank 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.
3.3. 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 or Acquisition of Machine in campaign) through the following Nespresso sales channels:
a) Online through the website www.nespresso.com/pt/en;
b) Online through the Nespresso App;
c) At Nespresso Boutiques;
d) Customer Relationship Centre available on the toll-free number 800 260 260.
3.4. 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.
3.5. 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).
3.6. 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.
3.7. The Customer can check their current credit balance by accessing their account at www.nespresso.com/pt/en.
3.8. The Customer cannot use any available credit coming from the PLAN on his Nespresso Customer account to pay monthly instalments of the current PLAN or subscribe a new one.
4. Cooling Off Period (exclusive for online Subscriptions (eCommerce))
4.1. Should you have concluded this PLAN outside our Boutiques, through the www.nespresso.com/pt/en 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”.
4.2. 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 Chat or “Contact Us” option on the website available at https://www.nespresso.com/pt/en/contact-us, or through letter to Nespresso Customer Service, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
4.3. You must return or deliver us the Nespresso coffee machine, 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.
4.4. Nespresso will only accept returns of products in their original condition and packaging, accompanied by the respective invoice.
4.5. By exercising the right to free termination within the 14-day deadline set in clause 4.1. above, we shall reimburse you all payments made, including shipping expenses.
4.6. 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.
4.7. 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.
5. Early termination and Breach of contract
5.1. 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 Chat or “Contact Us” option on the website available at https://www.nespresso.com/pt/en/contact-us, or through letter to Nespresso Customer Service, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
6. Protection of Personal Data
Person Responsible
Nestlé Portugal, Unipessoal, Lda. E Nestlé
Nespresso, 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
7. Other conditions
7.1. The PLAN is limited to the existing stock.
7.2. The PLAN is not transferable between distinct Nespresso accounts.
7.3. Nespresso may change the PLAN terms and conditions at any time by means of publication at www.nespresso.com/pt/en, which must be consulted periodically by the Customer, without prejudice to changes whose communication is legally obligatory.
7.4. Nespresso has the right to cancel the PLAN at any time, namely, and without limitation, in situations or attempts identified by Nespresso as fraudulent, as well as any acts or omissions that prove harmful to Nespresso.
7.5. PLANS subscribed online (eCommerce) shall also be governed by the remaining remote sales conditions available at www.nespresso.com/en in everything that do not conflict with these conditions.
7.6. These conditions are governed by Portuguese law, with exclusive competence by the Oeiras jurisdiction in case of dispute.
7.7. In case of dispute, you may, as an alternative, use an Alternative Dispute Resolution Body available at www.consumidor.pt.
8. “My Plan Nespresso”
8.1. This PLAN consists of the purchase of a Nespresso machine from the models available for €1 (one euro), except for the Creatista Plus and Creatista Pro models, available for €120 (one hundred and twenty euros) and €240 (two hundred and forty euros), respectively.
8.2. To purchase the machine at the price referred to in the previous point, the customer undertakes a 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.
8.3. The PLAN can be purchased with Nespresso through the following channels:
a) Online through the website www.nespresso.com/pt/en;
b) At Nespresso Boutiques.
9. Contract Term
9.1. The PLAN shall have a 12- or 18- month term from the date of its execution.
9.2. The PLAN ends automatically at the end of the chosen period, without prejudice the accumulated credit, as established in clause 3 (3. Use of Credits).
9.3. 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.
9.4. The cancellation of the PLAN before the expiry of the term presupposes the payment of the cancellation fee corresponding to the selected machine, deducted from any credits that you have in your customer account. The amount of the cancellation fee will not be converted into credit.
9.5. The previous number does not apply if you exercise the right of free termination, as established in clause 4.
9.6. In the event of non-payment of the monthly fee on the due date, Nespresso will block access to your Nespresso account and your credit until payment is made or until the cancellation fee is issued.
9.7. If payment remains pending 60 days after the due date of the monthly fee, Nespresso may terminate the PLAN with just cause, with the penalties provided for in clause 9.4. being applicable, as well as all unused credits having expired.
Nestlé Portugal, Unipessoal, Lda., Divisão Nespresso
Initial Version: November 22, 2017
Updated Version: July 6, 2023
