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CONDITIONS FOR SUBSCRIBING TO THE NESPRESSO SUBSCRIPTION PLAN
1.1. These Terms and Conditions apply to the Nespresso Subscription Plan concluded between you and Nestlé Portugal, Unipessoal, Lda. – Divisão Nespresso (Nespresso), with head office at Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha, corporate tax no. 500.201.307, registered at the Commercial Registry of Cascais.
1.2. By choosing to purchase a Nespresso Subscription Plan, you hereby accept these Terms and Conditions.
1.3. Nespresso Subscription Plans may only be concluded by natural persons over 18 years of age and resident in Portugal, and legal entities headquartered in Portugal, and are limited to three Subscription Plans per person or company.
1.4. Consumers or companies wishing to subscribe to the Subscription Plan must be registered as Nespresso customers. If they are not registered, they should do so either through the website www.nespresso.com/pt/en, through Customer Service by calling the toll-free number 800 260 260, or at any of the Nespresso Boutiques.
2. Nespresso Subscription Plan
2.1.This Nespresso Subscription Plan involves the purchase of a Nespresso coffee machine for the price of €1 (one Euro) from among the models available to the Subscription Plan, upon payment of a fixed monthly instalment, in an amount that will depend on the selected machine model, over a 12-month period. The fixed monthly instalment will be completely returned in the form of credit to be used for purchasing Nespresso coffee and products.
2.2. The Nespresso Subscription Plan may be concluded with Nespresso in the following ways: a) online at the website www.nespresso.com/pt/en.
b) at Nespresso Boutiques participating in the Subscription Plan.
3. Forms of Payment
3.1. Online Subscription:
3.1.1. If you subscribe to your Subscription Plan through the Nespresso website, the monthly instalments will be paid exclusively by the credit card specified for such purpose, with the amounts being debited from the credit card on a monthly basis during the term of the Subscription Plan.
3.1.2. The first instalment will be paid upon purchase of the selected machine.
3.1.3. To ensure that your credit card is not being used without your consent, we reserve the right to confirm the name, address and other personal information provided by you during the ordering process, by comparison with the appropriate third-party databases.
3.1.4. Changing the payment method is not permitted during the term of the Subscription Plan, although the credit card info should be updated if needed.
3.2. Subscription at Nespresso Boutiques:
3.2.1. If you subscribe to your Subscription Plan through the participating Boutiques (2.2.b), the monthly instalments will be paid exclusively through direct debit, and for this purpose you must provide your bank details with the corresponding proof and requisite debit authorisation.
3.2.2. The first instalment of the Subscription Plan will be paid upon purchase of the selected machine, and immediately converted into coffee capsules according to the selected plan. The remaining instalments will be debited on a monthly basis from the specified account.
3.2.3. The payment method cannot be changed during the term of the Subscription Plan.
4. Use of credits
4.1 The monthly instalments paid during the term of the Subscription Plan will be credited upon receipt of payment, to your customer account offered with online registration.
4.2. The credit made available (in an amount equal to the monthly instalment paid by the Customer) may be used for capsules and other Nespresso products purchased through any of the Nespresso sales channels.
4.3. The credit is not refundable or transferable, and may not be exchanged for cash.
4.4. If you do not use the available credit within the month in which it is made available, the respective amount will accrue with the credit of the following month, and so on, with the unused amounts remaining available up to 2 years after the date of termination of the Subscription Plan (except in cases of termination due to non-compliance or early termination).
4.5. Any credit remaining after the period mentioned in the previous item will expire, wherefore the Customer will not receive any refund.
4.6. The Customer may check their current credit balance by accessing their account at www.nespresso.com/pt/en.
5. Right of free cancellation (exclusive for online subscriptions)
5.1. If this Plan is subscribed through the website www.nespresso.com/pt, you have the right to freely cancel your Nespresso Subscription Plan, without having to provide any justification, within 14 days from the day you receive your selected Nespresso coffee machine.
5.2. In order to exercise your right of free cancellation of the Nespresso Subscription Plan, you must inform us of your decision, by issuing a clear statement, within the 14-day deadline. You may use the Contact Us feature on the website, or contact our Customer Service by calling the toll-free number 800 260 260.
5.3. Upon exercising the right of free cancellation within the 14-day period referred to in clause 5.1. we will reimburse all payments made by you, including shipping fees.
5.4. The refund will be made through the same payment method that was used for the purchase. No charges whatsoever will be incurred as a result of the refund.
5.5. You must return or deliver to us the Nespresso coffee machine and any capsules that were received, or were in transit at the time that you notified us of your intent to exercise your right of cancellation. For this purpose, you may contact our Customer Service by calling 800 260 260 in order to schedule collection, or visit any of our Boutiques in Portugal. We will proceed with your refund without undue delay and, in any case, no later than 14 days after we have received the Nespresso coffee machine and any capsules that you have returned to us, or, should this occur earlier, 14 days after we have received proof of your return. Should you cancel the contract before receiving the Nespresso coffee machine or any capsules, we will process the refund within 14 days from the date on which you notified us that you intended to cancel the Nespresso Subscription Plan. We may retain the refund until we receive the Nespresso coffee machine and capsules.
5.6. You must return the Nespresso coffee machine(s) clean and in good condition, the capsule sleeves closed, and/or the accessories purchased with the Credits from your first monthly instalment. If you fail to do this, we may deduct the amortised value of the Nespresso coffee machine and capsules from your refund.
6. Warranty and After-Sales Service
6.1. The machines purchased under the Nespresso Subscription Plan benefit from a warranty of 2 years for natural persons and 6 months for legal entities.
6.2. In the event of failure or malfunction, you don´t need to go to a Boutique since they not provide Technical Assistance Service. For this purpose please contact exclusively our Customer Service by calling 800 260 260, 24 hours, 7 days a week.
7. Duration and Termination
7.1. The Duration Period of the Nespresso Subscription Plan is 12 months, starting on the date of its conclusion.
7.2. In case you wish to terminate you Plan by the end of the first year, you must submit your intention up until 15 days before its term, using the form available at www.nespresso.com/pt/pt/contact-us, or via registered letter to Nestlé Portugal, Unipessoal, Lda. – Divisão Nespresso, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
7.3. After 12 months, if you do not terminate your contract as stated in the previous number, the contract will be automatically renewed for another year, and you can terminate it anytime as stated in the previous number, at least 15 days before the intended term date.
8. Early Termination and Non-compliance
8.1. Should you intend to terminate your Subscription Plan before the end of the 12-month Duration Period, you may do so through the “Contact us” section in the website or by contacting our Customer Care on 800 260 260, 24/7 and toll-free. Cancellation of the Nespresso Subscription Plan before the duration period requires payment of a cancellation fee corresponding to the total value of the selected machine, deducting any potential credits that you may hold in your customer account.
8.2. The previous clause does not apply if you exercise the right of free cancellation, as established in clause 5.
8.3. In the event of non-payment of the Monthly Instalment on its due date, Nespresso will proceed to block access to your Nespresso account and your credit until the payment is made. If the payment remains outstanding 60 days after the Monthly Instalment due date, Nespresso may terminate the Nespresso Subscription Plan with just cause, the penalties provided for in clause 8.1 being enforceable.
9. Personal Data Protection
Responsible: Nestlé Portugal, Unipessoal, Lda. And Nestlé Nespresso, S.A.
Goal: Manage and comply with the obligations of the Nespresso Subscription Plan
Fundamento legal: Contractual and legal obligations compliance
Destinatários dos dados: Nestlé does not provide data to third parties, except for standardization purposes, neither uses it for any purposes other than those in this document. Nestlé might transmit data to subcontractors to fulfill the contractual obligations on the Subscription Plan
Direitos: You can access, rectify and delete your data in your online customer account, Customer Service, available 24 hours a day, 7 days a week via the 800 260 260 or any Nespresso Boutique
Prazo de conservação: For the period necessary to comply with contractual and legal obligations
10. Other Conditions
10.1. The Subscription Plan is limited to existing stock.
10.2. Nespresso may change the terms and conditions of the Subscription Plan upon prior notice to participating customers.
10.3. Nespresso reserves the right to cancel the Nespresso Subscription Plan at any time.
10.4. Further conditions regarding distance selling, available at www.nespresso.com/pt/en/, apply to Subscription Plans subscribed to online, in all aspects that do not conflict with these conditions.
10.5. These conditions are governed by Portuguese law, with the court of Oeiras having exclusive jurisdiction in the event of a dispute.
10.6. In the event of a dispute, the Alternative Dispute Resolution Entity available at www.consumidor.pt may be consulted.
Nestlé Portugal, Unipessoal, Lda., Divisão Nespresso
First version: November 22, 2017
September 18, 2018
February 15, 2019