1. Applicability of General Terms and Conditions
1.1. Each order placed with Nespresso Österreich GmbH & Co OHG (henceforth referred to as “Nespresso”) shall be governed by the present General Terms and Conditions, latest issue. Orders via internet or purchases in the Nespresso Boutique may additionally be governed by specific conditions. By placing an order, you acknowledge that you have read, understood and accepted the present General Terms and Conditions.
1.2. Deviating terms of the customer are only accepted when previously explicitly confirmed by Nespresso in writing. Therefore, conflicting general terms and conditions of customers are not considered as agreed and are void, unless they are explicitly approved by Nespresso in writing.
1.3. Nespresso reserves the right, at any time, to modify or adjust the present General Terms and Conditions.

2. Orders
2.1. You can order:
• by phone: 0800/ 21 62 51 (free service number)
• by fax: 0800/ 21 62 52 (free service number)
• by mail: Nespresso Club, Mahlerstraße 7, 1010 Wien
• by Internet: www.nespresso.com
• in the Nespresso boutiques
2.2. All Nespresso varieties are parceled in sleeves with 10 capsules each and can only be ordered sleeve wise. When ordered on the internet the minimum order quantity is 50 capsules. There is no such minimum order quantity for purchases of capsules in the Nespresso Boutiques, by phone or fax.
2.3. Nespresso reserves the right to refuse orders especially in case of unpaid bills or illiquidity.
2.4. All offers of Nespresso are nonobligatory where not expressly designated as binding.

3. Delivery
3.1. Nespresso only delivers to Austria and is anxious to dispatch on the next business day on the latest. The shipping costs will be charged as a flat charge in the amount of € 5,40 including value-added tax in addition to the purchase price.
3.2. By request we can offer an express delivery within 24 hours when ordered on business days before 3 pm.
3.3. Coffee and accessories can be shipped to any place in Austria. To avoid additional expense for parcel collection because the postal recipient cannot be reached we recommend the shipping to an address on which the customer is able to take delivery of the shipment during the customary delivery times. The customer shall be obliged to ensure that proper delivery of the goods ordered will be taken.
3.4. Unless otherwise agreed, the goods will be shipped to the address the customer has declared as shipping address.
3.5. By taking charge of the goods by the customer respectively by proper deposit in case the postal recipient cannot be reached all risks of loss or damage of the goods shall be transferred to the customer.
3.6. Nespresso is anxious to hold a sufficient amount of all goods on stock to be able to fulfill each order. Nevertheless seasonal influences might lead to supply shortage of some goods. Nespresso serves the right to fulfill orders through part deliveries. Orders of limited series (such as limited editions, Special Club-Coffee or specific accessories) can only be fulfilled as long as stock lasts.

4. Warranty, inspection of goods
4.1. In case of a defective delivery or non-delivery Nespresso will deliver either an equal substitute or credit the purchase price, respectively refund the price when already paid.
4.2. (Not applicable for consumers, “Verbraucher”, as per KSchG): The customer must check the condition of the goods straight after reception. If the goods are damaged or incomplete, the customer must inform us within 7 days in writing by stating the invoice number, shortly describing the defects and attaching a copy of the delivery note – otherwise the customer loses his claims against Nespresso.

5. Compensation
5.1. In case of a consumer business (“Vebrauchergeschäft”) the liability of Nespresso is excluded for slight negligence. This exclusion is not valid for personal damages.
5.2. In all other cases Nespresso is only liable for gross negligence and intent, whereby the customer bears the burden to prove the presence of gross negligence or intent. The compensation of special damages and damages which result from improper use of the delivered goods is exluded.
5.3. The claims for damages according to § 12 Produkthaftungsgesetz (PHG) are excluded - except consumers, unless the recourse claimant proves that the damage was caused by Nespresso at least grossly negligent.

6. Prices
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 Consumers by terms of the Konsumentenschutzgesetz (KSchG) have the right to withdraw from the contract within 14 days from the reception of the ordered good if the contract is exclusively made by way of distance selling (by telephone, fax or online). To withdraw the contract the consumer can use our withdrawal form (withdrawal form). The good must be returned immediately, within 14 days from the submission of the withdrawal declaration at the latest. The consumer shall be liable for any reduction in market value of the goods, if the value loss has an extent that was not necessary for inspecting type, condition and functional capability of the good. There is no right of withdrawal for coffee, if the original packaging is damaged. The direct costs for the return shipment shall be paid by the customer. In case of proper withdrawal Nespresso will refund the payments it received immediately, within 14 days from reception of the withdrawal declaration at the latest, in the same way the payment was made. Nespresso can refuse the refund until the good that has to be sent back arrived or until the consumer provides evidence for the return shipment.

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