1. Applicability of General Conditions of Sale
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.
1.3 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.
2.1 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.
3.1 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.
4.1 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.
6.1 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.
6.2 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.
6.3 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.
7.1 Established prices include VAT at the legal rate. There will not be granted any discounts unless prior agreement between the parties.
7.2 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.
7.3 The first order made after the Member registration will be mandatorily charged trough cash on delivery, or by credit card.
7.4 The payment of any machine purchase on this website is done exclusively through credit card or cash on delivery.
7.5 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.
7.6 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.
7.7 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. Delayed Payment
8.1 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.
8.2 Nespresso reserves the right to refuse any new order until full settlement of the balance due.
9.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order and warehouse expedition.
9.2 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
9.3 Deliveries will only be made in Continental Portugal and the archipelagos of Madeira and the Azores.
10. Verification of Merchandise
10.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
10.2 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.
11.1 The products ordered will be delivered to the address indicated by the customer, and shipping costs will be partially supported by the costumer.
11.2 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.
11.3 It is for the customer to verify the quantity and condition of the goods when the respective delivery.
11.4 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.
11.5 The consumer has the right of withdrawal from this contract within 14 calendar days, without giving any reason.
11.6 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.
11.7 In order to exercise his right of withdrawal, must communicate by letter to the address given in paragraph 15. , or by email to email@example.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.
11.8 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.
11.9 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.
11.10 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.
11.11 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.
11.12 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.
11.13 The right of withdrawal does not apply to food products.
12. Machine Warranty
12.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
12.2 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.
13. After-Sales Service
13.1 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.
13.2 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.
14. Limitation of Liability
14.1 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.
15. 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
Rua Alexandre Herculano, 8
16. Force Majeure
16.1 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.
16.2 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.
17. 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.
18. Applicable Law and ForumThe 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.
NESTLE PORTUGAL, S.A
Efective Date: 06/2014
Last update: 08/2015