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SPECIFIC CONDITIONS - NESPRESSO MACHINE SUBSCRIPTION PLAN
1.1. These Terms and Conditions apply to the Nespresso Machine Subscription 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 Nespresso Machine Subscription Plan you accept these Terms and Conditions.
1.3. Nespresso Subscription Plans can only be executed with 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 conclude one Subscription Plan, choosing between a Machine or Coffee plan, that is, you can only subscribe to a different plan after the first one has been terminated/is no longer active.
1.4. Consumers or companies wishing to benefit from the Subscription Plan must be registered as Nespresso customers. Should they not be registered, they must do so through the website www.nespresso.com/pt/en, through the Customer Relationship Centre available on the toll-free number 800 260 260 or at any Nespresso Boutique.
2. Nespresso Subscription Plan
2.1. This Nespresso Machine Subscription Plan consists of the purchase of a Nespresso machine from the models available for the Subscription Plan 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-month period. The monthly fixed instalment shall be completely reversed into credit available for use when buying Nespresso coffee and products.
2.2. The Nespresso Machine Subscription Plan can be executed with Nespresso through the following channels:
a) online through the website www.nespresso.com/pt/en;
b) at Nespresso Boutiques.
3. Payment Methods
3.1. Online Subscription (Ecommerce):
3.1.1. Should you conclude your Subscription 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 Subscription Plan.
3.1.2. The first instalment shall 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 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 Subscription Plan.
3.1.5. The change of the payment medium mentioned in 3.1.1. will only be allowed in exceptional situations.
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 Subscription Plan at Nespresso Boutiques (2.2.b), monthly instalments shall 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, except on the situations in which the Machine Subscription Plan is concluded through the service Boutique via Tablet.
3.2.2. The first instalment of the Subscription Plan will be paid upon purchase of the selected machine, immediately reversed into coffee capsules, depending on the chosen plan. The remaining instalments shall be deducted monthly from the abovementioned account.
3.2.3. Changes to the payment medium will only be allowed on exceptional situations during the term of the Subscription Plan. The change request can be performed exclusively through the toll-free number 800 260 260 or through the form available at https://www.nespresso.com/pt/en/contact-us.
3.2.4. The Customer can also opt for the service Boutique via Tablet which allows a quick and simple way to conclude a Machine Subscription Plan at Nespresso Boutiques.
3.2.5. The monthly instalments, shall the Customer choose the service mentioned in the previous point (3.2.4.), will be paid through credit card, and for this purpose the client must provide the necessary card information. The card information needs to be updated by the Customer whenever necessary.
3.2.6. The first instalment of the Machine Subscription Plan will be paid upon purchase of the selected machine through the said credit card, and it can be immediately reversed into coffee capsules or other Nespresso products if the Customer so wishes.
4. Use of credits
4.1. The monthly instalments paid during the term of the Subscription Plan shall be credited, after payment, to your Nespresso Customer account.
4.2. The credit available (in an amount equal to the instalments paid by the Customer) can be used to purchase Nespresso capsules and other products at any Nespresso sales channels.
4.3. The credit is non-refundable and non-transferable and may not be exchanged for a cash equivalent.
4.4. 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 Subscription Plan (except in cases of non-compliance or early termination).
4.5. Any credit remaining after the abovementioned time period, or regardless of the time period in cases of non-compliance or early termination, shall expire and the Customer shall not receive any refund.
4.6. The Customer can check their current credit balance by accessing their account at www.nespresso.com/pt/en.
4.7. The Customer can not use any available credit on his account to pay monthly instalments of the Machine Subscription Plan.
5. Cooling Off Period (exclusive for online Machine Subscriptions (eCommerce))
5.1. 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 Nespresso Machine Subscription 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 Nespresso Subscription 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, contact our Customer Relationship Centre on the toll-free number 800 260 260 or through the form available at https://www.nespresso.com/pt/en/contact-us.
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 or visit any boutique participating in the programme in Portugal.
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. You shall bear no charges with this reimbursement. We shall refund you without undue delays and, in any case, no later than 14 days after we receive the Nespresso coffee machine and any capsules you have returned to us.
5.7. Should you terminate your contract before receiving the Nespresso coffee machine or any capsules, 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 and capsules.
6. Warranty and After-Sales Service
6.1. The machines purchased under the Nespresso Machine Subscription Plan benefit from a 2-year warranty for natural persons and a 6-month warranty for legal persons.
6.2. In case of malfunction or bad operability, contact exclusively our Customer Relationship Centre on 800 260 260.
6.3. Nespresso does not provide Technical Assistance in its Boutiques, or through other means not indicated in the previous number (6.2.).
7. Termination and Cancellation
7.1. The Nespresso Machine Subscription Plan shall have a 12-month term from the date of its execution.
7.2. Should you wish to cancel your Plan at the end of the first year, you must cancel it 15 days before its termination, using the form available at www.nespresso.com/pt/en/contact-us, or by sending a registered letter to Nestlé Portugal, Unipessoal, Lda. – Divisão Nespresso, Rua Alexandre Herculano, 8, 2799-554 Linda-a-Velha.
7.3. After the 12 months, should you not have cancelled your Plan under the terms of the preceding paragraph, this Plan shall be automatically renewed for another year and you can cancel it at any time, as indicated in the preceding paragraph within 15 days before the intended termination.
8. Early termination and Breach of contract
8.1. Should you wish to terminate your Subscription Plan before the end of the 12-month term, you can do so by means of a clear, written statement, through the “Contact Us” option on the website, contact our Customer Relationship Centre on the toll-free number 800 260 260 or through the form available at www.nespresso.com/pt/en/contact-us.
8.2. Cancellation of the Nespresso Machine Subscription Plan before the end of its term requires payment of a cancellation fee corresponding to the chosen Subscription Plan, minus any credits in your customer account. The cancellation fee value will not be converted into credit.
8.3. The previous clause does not apply should you exercise the right of free termination, as established in clause 5.
8.4. 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.
8.5. If the payment remains pending 60 days following the monthly instalment’s due date, Nespresso may terminate the Nespresso Machine Subscription 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.
9. Personal Data Protection
Person Responsible: Nestlé Portugal, Unipessoal, Lda. E Nestlé Nespresso, S.A.
Purpose: To manage and fulfil the obligations arising from the Nespresso Subscription Plan
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 Subscription 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
10. Other Conditions
10.1. The Subscription Plan is limited to existing stock.
10.2. The Subscription Plan is not transferable between distinct Nespresso accounts.
10.3. Nespresso may change the Machine Subscription Plan’s terms and conditions provided it gives prior notice to subscribing customers.
10.4. Nespresso has the right to cancel the modality Nespresso Subscription Plan at any time.
10.5. Machine Subscription Plans subscribed online (eCommerce) shall also be governed by the remaining remote sales conditions available at www.nespresso.com/pt/en in everything that do not conflict with these conditions.
10.6. These conditions are governed by Portuguese law, with exclusive competence by the Oeiras jurisdiction in case of dispute.
10.7. In case of dispute, you may, as an alternative, use an Alternative Dispute Resolution Body available at www.consumidor.pt.
Nestlé Portugal, Unipessoal, Lda., Nespresso Division
First version: November 22, 2017
September 18, 2018
February 15, 2019
17 April 2019
1 September 2020