Legal Notices for the Nespresso website and app

Legal notices

1. Acceptance and Modification of the Terms of Use
1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso”), which includesNespresso’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. Nespresso invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.

5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril. 6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.

7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.

9. Links
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.

10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Nespresso Österreich GmbH & Co OHG
11/2005
© 2016 Nestlé Nespresso S.A. All rights reserved.
1. Applicability of General Terms and Conditions
1.1. Each order placed with Nespresso Österreich GmbH & Co OHG (Located: Wiedner Gürtel 9, 1100 Vienna, Austria; Commercial register number: FN 214169f, Vienna Commercial Court), 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, Mon-Sat 7am – 8pm)
• by fax: 0800/21 62 52 (free service number)
• by mail: Nespresso, Wiedner Gürtel 9, 1100 Wien
• by Internet: www.Nespresso.com
• in the Nespresso boutiques
2.2. All Nespresso varieties are parceled in sleeves with 10 capsules or 7 capsules each and can only be ordered sleeve wise. When ordered on the internet, by telephone or fax the minimum order quantity for the ORIGINAL system is 50 capsules and the minimum order quantity for the VERTUO system is 30 capsules. In addition, the order quantity of capsules for the ORIGINAL system must be a multiple of 50 capsules (50, 100, 150, etc.) per order. The maximum order quantity is 1.500 capsules per month and customer account. There is no such minimum order quantity for purchases of capsules in the Nespresso Boutiques.
2.3. Nespresso reserves the right to refuse orders especially in case of unpaid bills or illiquidity, as well as certain payment methods.
2.4. All offers of Nespresso are nonobligatory where not expressly designated as binding.
2.5. Coffee Subscription
• The “Coffee Subscription” allows you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency. Additionally, for every 90 capsules you buy, get 10 extra free capsules of your choice from a predefined assortment.
- For an order of 90 to 170 capsules, you get 10 capsules for free.
- For an order of 180 to 260 capsules, you get 20 capsules for free.
- For an order of 270 to 350 capsules, you get 30 capsules for free.
- For an order of 360 capsules or more, you get 40 capsules for free.
There are no shipping cost.
• The General Conditions of Sales automatically apply to any order placed through your “Coffee Subscription”. In the event of a conflict between the General Conditions of sale and the conditions related to “Coffee Subscription”, the conditions related to “Coffee Subscription” will prevail.
• “Your order will be shipped soon” notification
Five days before your recurrent order will be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your product basket, the total price of your recurrent order and whether any product is out of stock.
• Payment Payments shall be made by credit card, Apple Pay, Google Pay, Sofort by Klarna, Paypal, SEPA or by invoice. All recurrent orders by credit card will be billed to your credit card on the day of shipment. If your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
• Modification and Cancellation
You are entitled to cancel your „Coffee Subscription”, cancel one or more recurrent orders or modify the product(s) basket, the frequency or any customer detail at any time free of charge. In the event that you cancel a specific order or your „Coffee Subscription” before or while your order is being shipped, you are entitled to refuse the delivery of the product(s) and, in the event that you received the product(s) to return the order in accordance with the present General Conditions of Sale.
• Out of stock
If one of your product(s) included in your recurrent order is out of stock at the moment of the “your order will be shipped soon” notification, we will inform you in this notification and will still ship your other recurrent orders on your requested frequency, unless the order is cancelled by you. You will not be charged for any product(s) which is out of stock.
• Promotions
With your „Coffee Subscription” account, you will also have the possibility to benefit from ongoing general campaigns and promotions. Your „Coffee Subscription” does not automatically take into account other promotional offers announced on or around the time of your recurrent order processing. To benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your „Coffee Subscription”.

3. Registration and Membership
When registering in one of our boutiques, through our Nespresso customer service, Nespresso app or online at www.Nespresso.com additional Terms and Conditions regarding your Nespresso membership will apply. The language available for the conclusion of the contract is German or English.
4. Delivery
4.1. Nespresso Austria only delivers within Austria and is anxious to dispatch the next business day for orders placed before 8 pm on working days. The shipping fee of € 4.90 including VAT is a flat charge in addition to the purchase price. Shipping is free of charge for orders over 40 Euros.
4.2. We do offer express and personalized delivery on demand: Choose a date and time for your delivery in Vienna via Nespresso Your Time. Shipping fee is € 9.90 incl. VAT.
4.3. 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 accept the 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.
4.4. Unless otherwise agreed, the goods will be shipped to the address the customer has declared as shipping address.
4.5 Nespresso Austria accepts billing addresses from the EU area. However, should the customer place an order outside of Austria, he/she must arrange for the corresponding delivery to the desired delivery address at his/her own expense and risk, provided that the delivery address is outside of Austria.
4.6 For orders from other EU member states, we recommend contacting us in advance by e-mail.
4.7. When the goods are shipped, the risk of loss of or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using one of the options suggested by us, the risk passes to the carrier as soon as the goods are handed over. 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.
4.8. 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 Coffee Selection, seasonal editions or specific accessories) can only be fulfilled as long as stock lasts.
5. Warranty, inspection of goods
5.1. 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. The statutory warranty provisions apply.
5.2. (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.
6. Compensation
6.1. In case of a consumer business (“Vebrauchergeschäft”) the liability of Nespresso is excluded for slight negligence. This exclusion is not valid for personal damages.
6.2. 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.
6.3. 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.
7. Return of goods and consumer right of withdrawal
7.1 Nespresso accepts the return of goods only in case of wrong delivery or in case of a justified defect reported according to clause 4. Legal claims such as in particular the right of withdrawal for consumers according to the Distance and Foreign Transactions Act remain unaffected. A return is accepted only in the undamaged complete original packaging (in the case of coffee within 14 working days with the exception of consumer transactions concluded online, by telephone or fax (consumer distance transactions). After proper return of the goods, the invoice amount including delivery costs will be credited to the customer's account immediately, but no later than within 30 days from the receipt of the goods. For the time being, the customer has to bear the costs of returning the goods. In case of a justified return, the costs will be carried by Nespresso.
7.2 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 customer can return the parcel with the Austrian postal service carriage forward. In case of proper withdrawal Nespresso will refund the payments, it received immediately, within 30 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.
7.3. When picking up in store, only a reservation is made online, while the purchase contract is concluded in store. In this case there is no statutory right of withdrawal.
8. Prices and Invoice
8.1. The current prices of all Nespresso products can be inquired at the phone number that is stated above or are designated on price lists or through other price labelling. In case of price changes those prices shall apply that were valid on the day of order.
8.2. The value added tax is shown separately on the invoices. The customer is obliged to check the shipment for accordance with the invoice and to inform Nespresso immediately in case of differences.
8.3. Nespresso does not give discounts, bonuses in kind, cash discounts or other price reductions with the exception of announced promotions
8.4. Unless otherwise agreed, the invoice will be sent to you electronically to the e-mail address given to us by you.
9. Payment
9.1. All invoices are due for immediate payment. Customers can pay by wire transfer, direct debit payment or with all major credit cards. When paying cash at a Nespresso Boutique, customers must check the change at once – complaints at a later point will not be accepted. Nespresso reserves the right, especially in the case of customers with a late payment history or poor credit standing, to insist on cash payment or cash on delivery.
9.2. All goods shall remain in the property of Nespresso until the bill is paid in full.
9.3. In case of delayed payment Nespresso is entitled to charge default interest in the amount of 2% in excess of the base rate of the Austrian National Bank in each case, as well as € 3,30 including value added tax for each reminder. Further, extrajudicial collection charges for adequate prosecution and recovery of the debt(s) according to the ‘Inkassogebührenverordnung’, BGBl 1996/141 in the current version, are charged directly to the customer.
9.4. We explicitly reserve the right to refuse acceptance of checks or bills of exchange. If at all, we accept them only as conditional payment. Discount and bill charges shall be borne by the buyer and are due for immediate payment.
10. Warranty of machines and services after sale
10.1. The warranty of the Nespresso machine conforms to the terms which are enclosed with the machine by the respective producer. The warranty is provided in accordance with the statutory provisions.
10.2. Our staff members of Nespresso will be glad to advise you in all questions concerning the machine.
11. Arbitration Board
We commit ourselves to take part in cases of dispute of the internet office of ombudsman: www.ombudsstelle.at
More information regarding the types of proceedings: www.ombudsstelle.at
For the abatement of differences with our company you can also use the OS Platform: https://ec.europa.eu/consumers/odr
Our email address: kundenservice.at@Nespresso.com
12. How to write a review
Would you like to give your opinion on one of our machines by writing a review? You can easily place your review through our order page by clicking on the "Reviews" tab. Once you've written your review and placed your review by pressing the "place your review" button, your review will soon appear on our website. Note: to remain representative, the first few reviews will only be displayed when there are four reviews or more per machine. By submitting your review, you agree to the following terms and conditions:
1. Your review is accurate, up-to-date, reflects your true opinion, and is based on your actual experience with the product. In case of questions or complaints, we kindly ask you to contact our customer service (free service number, Mon-Sat 7am – 8pm).
2. Always hold privacy of others in mind: never share personal information in your review.
3. Do not violate the rights of others (privacy, intellectual property rights, trademark or copyright).
4. Keep it clean: reviews that contain profanity, misleading, inaccurate, offensive, or insulting words will not be accepted.
5. Use plain language (no SMS language or unusual abbreviations).
6. Stay on topic: spam, chain reactions, commercial / promotional or advertising messages are not accepted.
7. If you received a free product or any other benefit for the testing, mention this explicitly in your review.
8. Do not mention or refer to:
A. Products of competition
B. Distribution Channel and shops
C. Price comparison
9. Nespresso staff is not allowed to post reviews, unless the relationship is specifically mentioned in the review. Companies or agencies that are hired by and / or sell Nespresso products, are not allowed to post reviews.
10. The participant shall refrain from any right to royalties for the use of the contents of the review for any purpose, particularly for promotional messages and events, including, without limiting itself to the reproduction, distribution and publication of the contents of the review, as well as their making available to the public under any form and through any medium (paper or electronic, internet, TV, radio, cinema, ...), including customized versions.
11. The right to use the content of the review is granted for the duration of the legal copyright protection without territorial restriction. This right can also be transmitted or transferred under license to third parties and, in particular, and without limiting itself to this, to subsidiaries of Nestle, without any restriction.
12. Nespresso reserves the right to monitor and control the content that you have submitted.
13. Nespresso reserves the right to remove reviews or refuse reviews that do not comply with our terms and conditions.
14. Nespresso reserves the right to modify these terms and conditions at any time.
15. The content on this site does not necessarily reflect Nespresso's opinion or viewpoints. Nespresso is not responsible for content from third parties or other websites.
13. Data retention
Nespresso shall not disclose any personal data to third parties for their use without the customers’ prior consent. This occurs in accordance with the applicable law, as well as the Nespresso data retention policy. You can find the privacy policy on www.Nespresso.com. According to the applicable law you have the right to view your personal data and request corrections by contacting Nespresso in writing at the address stated below.
14. Final Provisions
In case single provisions of these terms and conditions are void this does not affect the validity of the remaining provisions and the contracts made with the customer based on those provisions. Instead of a possibly void provision a regulation that, within the framework of what is legally permissible, comes closest to the void provision (intended to the economic purpose) shall apply as agreed.
All legal relationships between Nespresso and the customer based on these terms and conditions are governed by Austrian substantive law excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and excluding the reference norms of the Austrian International Private Law. For all disputes arising from the legal relationship the competent court at the domicile of Nespresso is exclusively competent; for consumer transactions the regulations of the KSchG are valid.
Nespresso Österreich GmbH & Co OHG
Wiedner Gürtel 9, 1100 Vienna

17.05.2023 / Version 10
Nespresso ÖSTERREICH GMBH & Co OHG
Registered office: Wiedner Gürtel 9, 1100 Vienna, Austria
Commercial register number: FN 214169f, Vienna Commercial Court
Managing Director: Claudia Memminger
Contact:
· 0800 21 62 51 (toll-free, Mon-Sat from 7am - 8pm)
· e-mail: kundenservice.at@Nespresso.com
· postal address: Nespresso, Wiedner Gürtel 9, A-1100 Vienna
· www.Nespresso.com/at/en/kontakt
VAT ID number: ATU 52677303
Purpose of the company: Production and sale of coffee products as well as sale of the coffee systems associated with the consumption of such products, i.e. machines and accessories, all under the designation "Nespresso".
Basic direction of the website: Information about the company's goods and services as well as promotion of their sales.
Competent regulatory agency: Municipal department ("Magistrat") MA63 Wien, Wipplingerstrasse 6 8, 1010 Vienna, Austria
Competent chamber: Austrian Economic Chamber ("Wirtschaftskammer Österreich")
Professional regulations: Austrian Trade and Industry Code ("Gewerbeordnung") 1994, Federal Law Gazette ("BGBl") 1994/194 as amended, see https://www.ris.bka.gv.at. Voluntary code of conduct: https://www.guetezeichen.at
Media owner, publisher and editor: Nespresso ÖSTERREICH GMBH & Co OHG, Wiedner Gürtel 9, 1100 Vienna, Austria, kundenservice.at@Nespresso.com

General partner:
Nespresso ÖSTERREICH GMBH
Registered office: Wiedner Gürtel 9, 1100 Vienna, Austria
Commercial register number: FN 76981h, Vienna Commercial Court

Nestle Österreich GmbH
Registered office: Wiedner Gürtel 9, 1100 Vienna, Austria
Commercial register number: FN 105870t, Vienna Commercial Court
Online Dispute Resolution Platform of the European Commission: http://ec.europa.eu/odr

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