1. General, Scope of Application

1.1. These General Terms and Conditions of Sale (hereinafter "GTC") apply to all contracts between Nespresso Deutschland GmbH (hereinafter "Nespresso") and the buyer (hereinafter "Customer") for the sale and/or delivery of movable property (hereinafter also "Goods").

1.2. These GTC apply exclusively. Any terms and conditions of the Customer that deviate, contradict, or supplement these GTC shall only become part of the contract to the extent that Nespresso has expressly agreed to their validity. This requirement of approval applies in any case, for example, even if Nespresso carries out the delivery to the Customer without reservation, being aware of the Customer's general terms and conditions.

2. Registration for Nespresso Membership Account

2.1. Registration is open to individuals who have reached the age of 18.

2.2. The Customer must provide the data requested during registration (online, by phone, or through order forms) completely and correctly. If there is a change in the provided information after registration, the Customer is obligated to correct the details promptly. Registration also results in the automatic creation of a webshop account for the Nespresso online store.

2.3. The personal password chosen by the Customer during online registration must be kept confidential and not disclosed to third parties. The Customer is responsible for all actions taken under their password on the website.

2.4. Nespresso Deutschland GmbH, Speditionstr. 23, 40221 Düsseldorf (“Nespresso”, "we" or "us"), operates a customer loyalty program called Nespresso & You. This loyalty program is free of charge. By registering with Nespresso Deutschland GmbH and obtaining a valid customer number, the Customer automatically benefits from this program. Customers of Nespresso Professional (www.nespresso.com/pro/de/) are excluded. More information about the terms and benefits of the loyalty program can be found at: nespresso.com/de/en/benefits

3. Orders

3.1. Orders can be placed in the Nespresso system as follows:

• By phone at 0800 18 18 444 (free service number)

• By mail:
  Nespresso Deutschland GmbH
  Postfach 19 01 61
  40111 Düsseldorf

• Online at: www.nespresso.de or www.nespresso.com

• Through the Nespresso App (IOS/Android)

• In Nespresso Boutiques

3.2. If a specific item is not available, Nespresso will inform the Customer of its unavailability before accepting the order.

4. Conclusion of Contract

4.1. By placing an order, the Customer makes a binding offer to purchase the desired Goods. Nespresso accepts the Customer's offer by sending the ordered Goods. The order is made at the prices and terms indicated on the day of the order.

4.2. For orders placed online, Nespresso will promptly confirm the receipt of the order via email. This confirmation of receipt does not constitute an order confirmation. Acceptance of the offer is made through a separate order confirmation, also sent via email.

4.3. Nespresso is entitled to reject orders, impose quantity restrictions, set credit limits, or demand advance payments, especially in cases of unpaid invoices, credit risks, or the Customer's insolvency.

5. Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last Goods.

To exercise your right of withdrawal, you must inform us:

• by mail:
  Nespresso Deutschland GmbH
  Postfach 19 01 61
  40111 Düsseldorf

• by phone: 0800 18 18 444 (free service number)

• by email: DEKontakt@nespresso.com

of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, phone, or email). You can use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

You shall send back the Goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us at:

Nespresso Logistik Center
Abt. Rücksendungen
Marler Straße 608
46282 Dorsten

The deadline is met if you send back the Goods before the period of fourteen days has expired. We will bear the cost of returning the Goods.

You are only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Goods.

End of Withdrawal Policy

Sample Withdrawal Form

If you want to withdraw from the contract, please fill out this form and send it back to:

Nespresso Deutschland GmbH

• by mail:
  Nespresso Deutschland GmbH
  Postfach 19 01 61
  40111 Düsseldorf

• by email: DEKontakt@nespresso.com

• • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*)
• • Ordered on (*)/received on (*)
• • Name of consumer(s)
• • Address of consumer(s)
• • Signature of consumer(s) (only if this form is notified on paper)
• • Date

(*) Delete as appropriate.

6. Delivery and Shipping Costs

6.1. Nespresso dispatches ordered Goods no later than the first working day (Monday to Friday) after receiving the order. Unless otherwise agreed, delivery is made to the delivery address provided by the Customer.

6.2. The following costs for packaging and shipping of the Goods will be separately charged to the Customer ("Shipping Costs").

6.3. For participants of the loyalty program "Nespresso & You," the following shipping costs apply, deviating from the above presentation:

6.4. There are three customer segments named "Customer Status," each offering different benefits. The duration of Nespresso membership and coffee capsule consumption can be viewed in the "My Customer Status" section on www.nespresso.com or in the Nespresso App.

• Connoisseur: Customers achieve this status after registering with Nespresso and making their first billed coffee order through the Nespresso customer account.
• Expert: From a membership duration of 5 years or a minimum of 1,000 capsules per membership year.
• Ambassador: Customers reach this level after a membership duration of 10 years or a minimum of 1,500 capsules per membership year.

6.5. It is possible for the customer to lose their status. Here, we differentiate between status acquisition based on Nespresso membership or capsule sales.

• Membership: To maintain the customer status, at least one Nespresso coffee capsule purchase must be made in each membership year. The membership year starts in the month in which the first paid coffee order was placed. If no capsule purchase is made within the membership year, the customer loses their current status. With a new order, they start over as a Connoisseur with a membership duration of 0 years.
• Capsule Consumption: If the customer obtained their current status based on purchased coffee capsules, they will revert to their membership status if the required amount of coffee (Expert: at least 1,000 capsules/membership year, Ambassador: at least 1,500 capsules/membership year) is not reached. Only purchases registered in the customer account are counted for calculating the customer status. Other purchases are excluded and not considered.

6.6. Regardless of the ordered goods and quantity, the customer is responsible for the shipping costs, as well as any additional costs, if they desire a delivery method different from the one usually used by Nespresso.

6.7. If the purchase is not a consumer goods purchase (§ 474 para. 1 German Civil Code), the risk passes to the customer as soon as the delivery is handed over to the transport person.

6.8. Deliveries are made exclusively to delivery addresses within the Federal Republic of Germany.

7. Cancellation of Contract

If a delivery cannot be made to the customer twice because the goods cannot be handed over to them or if the customer does not collect the goods after appropriate notification, Nespresso cancels the contract and refunds the customer the amounts already paid. Any shipping costs will not be refunded; these are to be borne by the customer.

8. Returns

8.1. In the case of returning parcel-shippable goods, the customer must package the goods in a manner protected against typical transport risks. If possible, we recommend using the original product packaging for the return.

8.2. Returns are to be sent to the following address:

Nespresso Logistics Center
Department: Returns
Marler Str. 608
46282 Dorsten

9. Prices

9.1. The prices mentioned on the websites www.nespresso.de, www.nespresso.com, and in the order documents of the Nespresso Original and Vertuo Systems include the applicable statutory value-added tax.

9.2. The prices listed in the order documents are valid until new documents are issued.

10. Payment Conditions

10.1. The customer can pay by credit card, direct debit authorization, invoice, or PayPal. Payments with VISA, MasterCard, and American Express made via the internet, boutique, or telephone are processed by Nestlé Treasury Center Europe (Rue de Merl 69, L-2146 Luxembourg). If a customer pays for purchased items via PayPal, the PayPal General Terms and Conditions apply (www.paypal.com/de/AGB). When selecting the PayPal payment method, the customer is automatically redirected to PayPal's secure payment form after submitting their order. If they already have a PayPal account, they simply log in. Otherwise, the customer clicks on "Set up account" and follows the instructions. The option to pay via PayPal is only available for internet purchases.

10.2. The customer is in default at the latest if they do not comply with the payment deadline stated on the invoice or contractually agreed upon after the invoice becomes due and the invoice is received.

10.3. For each reminder issued after default, reminder fees will be charged to the customer. If a direct debit order is not honored or is reversed due to objection, Nespresso is also entitled to invoice a lump sum and the bank charges incurred.

10.4. The customer will receive their invoice automatically by email (if they have provided an email address to Nespresso). This email address will be used to send contract-related information to the customer, such as order confirmation, delivery information, and invoice.

11. Retention of Title

The goods remain the property of Nespresso until full payment has been made.

12. Warranty

The statutory warranty rights apply.

If the customer is not a consumer according to § 13 BGB (German Civil Code), the warranty period is one year from the delivery of the goods or, if acceptance is required, from acceptance. Claims for damages by the customer that are based on compensation for a physical or health injury due to a defect for which the seller is responsible, or on gross negligence of the seller or its vicarious agents, are excluded from this shortened warranty period.

13. Manufacturer's Warranty and Customer Service

13.1. For Nespresso machines, the respective manufacturer provides a warranty in accordance with the warranty terms included in the original packaging (hereinafter "manufacturer's warranty").

13.2. The manufacturer's warranty does not cover errors resulting from improper use, non-compliance with the product instructions, limescale deposits, improper or insufficient maintenance, normal wear and tear, use for commercial purposes (excluding machines for professional use), use with a different power source or voltage than specified on the product, unauthorized product modification, fire, lightning, flood, or other external causes.

13.3. In the case of claims under the manufacturer's warranty, Nespresso provides customers with a replacement device for the duration of the repair. The replacement devices remain the property of Nespresso. They are to be returned to Nespresso immediately after the repair is completed.

13.4. For information regarding the operation or other questions related to a Nespresso machine, customers can contact Nespresso customer service at 0800 18 18 444 (free of charge).

13.5. Repairs carried out by Nespresso after the expiration of the warranty period and paid for by the customer are always considered goodwill repairs. The execution of the repair does not constitute an acknowledgment or waiver of the defense of statute of limitations. The warranty period for the repaired part is 12 months after the repair.

14. Offset / Retention

14.1. The customer is not entitled to set off their own claims against Nespresso's payment claims, unless the customer's claims are undisputed or legally established.

14.2. The customer is not entitled to withhold payment claims from Nespresso – even due to defects – unless they result from the same contractual relationship.

15. Data Protection

As part of contract processing, Nespresso collects customer data and takes all necessary measures to protect the personal data provided by the customer and to comply with the applicable national and European data protection regulations at all times. Further details can be found at www.nespresso.de or www.nespresso.com, or will be provided to the customer upon request.

16. Choice of Law and Jurisdiction

16.1. German law applies to these terms and conditions as well as to the conclusion and execution of all contracts.

16.2. If the customer is a merchant, legal entity under public law, or public law special fund, Düsseldorf is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a customer does not have a general place of jurisdiction in Germany, changes their residence or habitual abode abroad after the conclusion of the contract, or their residence or habitual abode is unknown at the time of filing the complaint.

17. Additional Information

Here is the link to the online platform of the EU Commission for extrajudicial online dispute resolution (ODR platform). In accordance with §36 VSBG, we point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

18. Ineffective Clauses

If one or more provisions of these terms and conditions are invalid, this does not result in the invalidity of the entire terms and conditions. The invalid provision will be replaced by the relevant statutory provision.

As of February 2025