Terms and conditions, Privacy policy

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Terms of Use

1. Acceptance and Modification of the Terms of Use

1.1 Your access and use of the websites (the “Websites”) of the Nespresso division of Nestlé Hungária Kft. (“Nespresso”), which includes Nespresso’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.

1.3 According to Annex 10 of Act CXXVII of 2007 on Value Added Tax. pursuant to its change effective July 1, 2020 as an invoice issuer, Nespresso is required to provide information on all invoices issued to a domestic taxable person for a domestic transaction. In view of the above, please note that in the case of purchases as a domestic taxable person, check the correctness of your company data in your registration (billing name, billing address, tax number) and, if necessary, modify them.

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 (link). 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.You shall only submit material to Nespresso that does not constitute any infringement on any other third parties’ rights. Anything you transmit or post becomes the property of Nespresso and may be freely used without providing any compensation 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.

5.2 Nespresso does not guarantee that its websites or their content will correspond to your expectations, will not be interrupted, will always be up to, secure and free of error.

5.4 Any advice 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 recognize 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 functionality.

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 supplementary terms and 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, , 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.

11. Applicable law and Competent Authorities

11.1 These Terms of Use and other relations arising between you and Nespresso in connection with visiting the Websites shall be subject to Hungarian law – unless a new provision to the contrary effect is included herein.

11.2 The parties agree that any legal disputes arising from this agreement shall be submitted – depending on value – to the sole competence of Pest Central Court, or Budapest High Court.

These Terms of Use shall become effective as of 24. April 2018. We recommend that you carefully read our Privacy Policy, which is applicable to the handling and protection of personal data provided by you to Nespresso.

Nespresso division of Nestlé Hungária Kft.

© Nestlé Nespresso S.A. All rights reserved

Last modified: 18.09.2020
The Sales Conditions defined herein shall be applicable to all orders submitted to the Nespresso division of Nestlé Hungária Kft. online, by telephone, by email or personally at a Nespresso boutique. The conditions defined herein shall constitute part of all other agreements. By submitting an order, customers (hereinafter: Customers) shall acknowledge that they have read, understood and unconditionally accepted the Sales Conditions contained herein.

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso Division of Nestlé Hungária Kft.:

Nespresso mailing address for business purposes: 1123 Budapest, Alkotás utca 53. MOM park "A" Irodaépület, 3. emelet
Telephone, customer services: 06 80 2582 80 (0680 CLUB 80)
E-mail: hungary@Nespresso.com

Nestlé Hungária Kft. mailing address and company seat: 1095 Budapest, Lechner Ödön fasor 7.;

Corporate Reg. No.: Fővárosi Törvényszék Cégbírósága:   01-09-267926

Tax ID No.: 10571086-2-44

(hereinafter referred to as: „Nespresso”)

1.    General Provisions

1.1. The following provisions shall only be applicable to orders submitted to the Nespresso division of Nestlé Hungária Kft. (hereinafter: „ Nespresso”).
1.2. Nespresso reserves the right to unilaterally amend or change these provisions at any time.

2.    Orders and In Store Shopping

2.1. Orders may be submitted as follows:

    2.1.1. Using delivery service – via Nespresso
- Website: please, visit the www.Nespresso.com website, browse our offers, then order the selected product(s)
- Mobile applications: please, download our mobile app to you iOS or Android smartphone
- By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
2.1.2. POS purchase in Nespresso Boutiques:
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház u. 2-6. (Mammut Shopping and Recreational Center)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- 1123 Budapest, Alkotás utca 53. at 1123 Budapest, Alkotás u. 53. (MOM Park)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
- Nespresso Mini Boutique at 1062, Budapest, Váci út 3. (Westend)
- Nespresso Mini Boutique at 1115 Budapest, Etele út 68. (Etele Plaza)
Please visit the following website for Nespresso Boutique opening hours: https://www.Nespresso.com/hu/en/uzletkereso

2.2 We would like to inform you that purchases / orders made on the www.Nespresso.com website, via mobile applications, by telephone or in our Boutiques are subject to maximum daily and monthly order quantity limits, the terms of which are determined by Nespresso at its sole discretion.

2.3. Automatic Reorder Services:

Our automatic reorder service allows Customers to place orders automatically according to their defined frequency and quantity, with automatic invoicing until authorization of automatic reorder is cancelled by Customers.

Automatic reorder is available upon ordering through the website or by telephone.

The settings of Automatic reorder, particularly frequency of delivery and quantity may be altered by the customer at any time free of charge.

Should any product be unavailable for delivery owing to a shortage of stock, or any other reason, products not subject to such limitation shall be delivered on schedule as confirmed, except if the Customer chooses to exercise the right of cancellation in regard of the complete order. In case delivery is accepted by the Customer with the limitations indicated above, only the price and delivery charge payable for the products actually delivered shall be invoiced.

The service is only available for online bank card payments and cash on delivery.

2.4. Nespresso hereby informs its Customers that upon submitting orders by Customer, a contract of sale is entered into by Customers and Nespresso for a definite term, which shall remain in effect until the conditions defined therein are fulfilled completely. Nespresso hereby informs its Customers that such contracts entered into for a definite term shall under no conditions be transformed into contracts for an indefinite term.

2.5. Pursuant to the contract of sale entered into by Customers and Nespresso, Customers shall be obliged to take delivery of and pay for the products ordered, after such orders have been submitted Customers shall fulfil their obligations under the contract by such acceptance of delivery and payment. Accordingly, the shortest term for performance of Customer’s obligations is the date when such obligations are fulfilled.

2.6. Nespresso is entitled to refuse orders in case previous invoices have not been settled by the customer, or in case payment of the invoices within the due date cannot be guaranteed according to Nespresso.

2.7. The prices listed on the website always include VAT, which shall remain in effect until termination, or change. The product photos and inventory data on the website is for information only, and may not be identical to current inventory. Nespresso retains the right to unilaterally change its prices at any given time. With the exception of automatic reorder services, the prices effective on the date of submitting the order shall prevail. In case of automatic reorder services, the prices effective on the date of taking delivery of the products shall prevail.

2.8. Confirmation of Orders:
- In case of orders submitted online: automatic confirmation will be sent by Nespresso
- In case of orders submitted by telephone: immediate confirmation during the conversation
- In case of automatic reorder, conformation will be sent by e-mail 4 days prior to delivery with the precise time of delivery, the contents of the basket, the price and delivery fee payable, and notice of any items that cannot be delivered owing to a shortage of stock, or any reason whatsoever.
2.9. Special Conditions of Purchase for Online Orders Via the Website

    2.9.1. In the course of registering on our website, Customers shall be required to provide valid, complete and truthful data in the fields to be filled out on a mandatory basis. In case of any changes in your address, or other personal data, please inform Nespresso immediately, by modifying your data on the personal data page, or by contacting Nespresso using the 06-80-25-82-80 phone number.
When using the online bank card acceptance service provided by Nespresso, you might be required to fill out another online registration form before commencing payment. In order to avoid any potential problems related to payment, please check the accuracy of your personal data. Nespresso shall assume no liability whatsoever for any incorrect performance resulting from incorrect data submitted.

    2.9.2. You shall be required to create a password when registering on our website. This password should be treated strictly confidentially and must not be shared with, or communicated to anyone else. You shall bear full liability for using your password, and the orders submitted with your password, even if it is used without your knowledge. In case you are aware, or have any suspicion of any unauthorized person gaining knowledge of your password, or of using it, you must inform Nespresso immediately by calling 06-80-25-82-80.

    2.9.3. By selecting and ordering a product on the www.Nespresso.com website (hereinafter: website), or using our mobile app, a contract of sale is entered into by Customers and Nespresso, after clicking on Hungary, to which the provisions of orders, confirmation, the present Sales Conditions, the Conditions for Use of the www.Nespresso.com website and the Nespresso Privacy Policy shall all be applicable.

    2.9.4. Technical steps of concluding the contract after registration: Customer places the selected product in the basket, submits delivery data then selects a payment option. After reviewing order data, the order is submitted by the Customer by accepting the Sales Conditions and clicking on the Buy button.

    2.9.5. Orders submitted online via the website can only be accepted and fulfilled by Nespresso if all fields on the registration and purchase pages are completey filled out by the Customer. Nespresso shall assume no liability whatsoever for any damages resulting from failure to do so, or for technical problems occurring during the process.

    2.9.6. All delivery, or other costs resulting from incorrect, or insufficient address data, or other information submitted shall be borne by Customers.

    2.9.7. By submitting an order, Customers accept the conditions of the contract of sale, and those of the Sales Conditions.

    2.9.8. The contract of sale concluded by the parties shall be regarded as a written contract, which shall be recorded and stored by Nespresso in order to fulfill its contents and Nespresso’s tax obligations defined by legislation. The contract of sale entered into by the parties shall be accessible in a form that allows Customers to view their preceding orders in their account and receive confirmation of the order and the invoice.

    2.9.9. Nespresso shall ensure that any mistakes made in entering data during the ordering process can be identified and corrected by Customers, by means of the „confirm order” panel.

    2.9.10. If in spite of due diligence displayed by Nespresso, an incorrect price, date, or offer in contradiction with the conditions of the promotion appears on the website – in particular a price of HUF "0" or "1" resulting from a system error, or any price that is significantly different from the generally known, or estimated price of the product, including a noticeably disproportionate price, Nespresso shall not be obliged to deliver the product at the incorrect price, but shall be entitled to offer delivery at the correct price, upon which client shall have the option to cancel the order. Clients shall be entitled to exercise this right without explanation.

The same applies to offers displayed incorrectly on the website by means of tools stored in the cache memory of the Nespresso mobile app, or of the browser (banners, messages) after the expiry of the official promotional conditions.

3.    Delivery

3.1. Nespresso shall only deliver orders submitted online, by email, or by telephone to addresses located within national borders.

3.2. Delivery of the products ordered shall be subject to a delivery fee payable by Customer with the exception of special cases defined herein, or in conditions applicable to promotional campaigns. Delivery fees applicable to specific orders shall be defined during ordering.

3.3. In case of Home Delivery, and Delivery to a Pick-Up Point the packages are delivered from Nespresso's central warehouse.
Nespresso warehouse: Gebrüder Weiss Szállítmányozási és Logisztikai Kft., 2310 - Szigetszentmiklós Leshegy út 12276/9

Current Nespresso delivery prices are available here:

https://www.Nespresso.com/hu/en/szolgaltatasok#/delivery/next-day-delivery

https://www.Nespresso.com/hu/en/szolgaltatasok#/customer-care/assistance-24-7

3.4. Home Delivery:

In case of home delivery the Customer shall have the option to select the date (depending on the place of delivery) of the delivery.

Nespresso shall attempt to deliver orders submitted and processed by 19.00 on working days for standard delivery – that is between 08.00-18.00 on working days (hereinafter: standard delivery) within 1 workday from the receipt of the orders, however Nespresso shall assume no liability for non-compliance with the above deadlines. Normal delivery charge is HUF 2490.

3.5. Delivery to a Pick-Up Point:

In case of deliveries to pick-up points Nespresso shall attempt to deliver orders submitted and processed by 18:00 on workdays within 1 workday for Budapest locations and within 2 workdays for regions outside of Budapest. However, Nespresso shall assume no liability for non-compliance with these deadlines.

In case of delivery to a pick-up point, customers shall be required to present proof of their identity (ID card, driver’s licence, passport) before signing receipt of the package, or in case the package is to be picked up by a different person from the addressee, title to the package shall be documented. This shall be affected by recording the number of the ID document presented by the persons taking delivery and the title stated on the delivery form signed by them. In case the package is picked up by a person different from the addressee, due authorization thereto signed by two witnesses shall also be presented to the person delivering the package, which shall be attached to the delivery form.

Pick-Up point delivery charge is HUF 1690.

3.6. Nespresso Boutique Pick-Up (Parcel Pick-Up at Nespresso Boutique):

In case of orders placed through the Nespresso website Boutique Pick-Up delivery mode is available to be chosen as the pick-up point of the parcel. This service is only available with bank card and/or gift card payment processed through the website.

For orders sent more than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready at the selected Nespresso Boutique 1 hour after placing the order. For orders sent less than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready to be picked-up next day at least 1 hour after the opening of the selected Boutique. The parcel can be picked-up with priority at the chosen Nespresso Boutique by choosing the "Boutique Pick-Up" option at the number drawing counter.

Boutique pick-up is free of charge. After making the order you will be required to collect your package within 1 week in the selected Boutique.

The Boutique Pick-Up service is not available in Nespresso Mini Boutiques and in Temporary Mini Boutiques (see section 2.1.2 for the current list of Mini Boutiques).

3.7. Nespresso reserves the right to change the terms of delivery.

3.8. Potentially arising delivery costs shall include VAT and are to be invoiced with the purchase price.

3.9. From 29. August 2022, orders of minimum HUF 5 000 submitted online via our website shall be delivered free of charge.

3.10. Customers shall verify that the package is intact upon delivery and if the package is damaged they shall refuse to take delivery of it and indicate the problem to Nespresso by calling 06-80-25-82-50.

3.11. Upon taking delivery by customers or persons acting in their place, all risk of loss, or damage to the package shall be transferred to customers.

3.12. In order to deliver orders on time, Nespresso strives to keep sufficient stocks of products. However, it is possible that stocks of certain products turn out to be insufficient for all deliveries to be executed on time. In such cases, Nespresso is entitled to affect partial deliveries, or to defer delivery. Any additional costs arising from additional deliveries shall be borne by Nespresso. Orders for products available in limited quantities (like Limited Edition, Special coffees, or certain accessories) can only be delivered as long as stocks allow.

4.    Handling of Complaints

4.1. Taking Delivery and Verification of Goods

    4.1.1. In case of an incomplete delivery, or failure to deliver the goods, Nespresso shall deliver a substitute product of identical value, or shall credit the amount paid to the customer’s account – as chosen by customers – or shall reimburse amounts already received to the bank account of the customer, within 14 days.

    4.1.2. Subsequent to taking deliver of the goods, the Customer shall be obliged to verify the quantity of the delivered product(s) and their intactness and shall be entitled to inform Nespresso of any shortcomings or damages in the following manner: within 7 days of taking delivery by giving the invoice number, a short description of the complaint and a copy of the consignment note in an email addressed to Nespresso (hungary@Nespresso.com) or a postal letter mailed to the address of Nespresso. Nespresso shall investigate complaints within 2 workdays and inform the Customer of the findings. No complaints submitted beyond the above deadline shall be accepted.

    4.1.3. Please note that you can lodge a complaint with the competent Government Office in your place of residence or with the competent Conciliation Board in your place of residence.

The contact details of the Government Offices can be found at the following link: Consumer Portal - Consumer Protection Authority (kormany.hu)

Contact details of the conciliation bodies can be found at this link: Consumer Portal - Conciliation bodies (kormany.hu)

An online dispute resolution platform launched by the European Commission:

https://webgate.ec.europa.eu/odr

4.2. Returning Products

Nespresso shall only accept the return of products in case of incomplete or damaged delivery as defined in section 4.1; if its guarantee, product liability or warranty obligations as detailed in section 11 stand, and in case of cancellation as per sections 10.4 and 10.5. The Customer shall return the products in their original packaging in case of incomplete or damaged delivery, and in their unopened original packaging in case of order cancellation. In case products are returned (sent back) in line with the relevant provisions, the invoiced amount plus arising delivery costs are to be credited to the customer’s account within 14 days at the latest. In the cases detailed above the return of the products - with the exception of cases regulated in sections 10.4 and 10.5 - shall be organized by Nespresso upon the Customer's request, and the costs of returning shall be borne by Nespresso.

4.3. Complaints Management

The Customer may indicate his complaints regarding Nespresso products and services by phone, by calling a toll free number 06-80-25-82-80 or number +36-1-413-5800 from abroad; electronically at https://www.Nespresso.com/hu/en/kapcsolat; personally at any Nespresso Boutique

Nespresso shall strive to provide a comprehensive response to the complaint as soon as possible: it shall confirm receipt of the customer complaint within 2 workdays and give a final and comprehensive response within 14 workdays. Nespresso shall primarily respod to complaints via e-mail or by phone, unless that is not possible or the customer filing the complaint had explicitly requested a different form of communication. Nespresso may contact the Customer prior to its response in order to investigate the complaint, by using the contact data given by the Customer.

4.4. Possibility of Turning to a Conciliation Panel in Case of Consumer Complaints:

Conciliation panel. The Customer may initiate conciliation panel proceedings at the conciliation panel working alongside the competent professional association in the interests of reaching a peaceful settlement of the legal dispute related to the conclusion or execution of the contract. In case of arbitration panel proceedings co-operation with the arbitration panel is mandatory.

The Conciliation Panel for Nespresso's official seat:

    Name: Budapesti Békéltető Testület [Budapest Conciliation Panel]

    Address: 1016 Budapest, Krisztina krt. 99.

    Phone number: (1) 488-2131

    Fax number: (1) 488-2186

    E-mail address: bekelteto.testulet@bkik.hu

Please be informed that we shall consider the conciliation panel's decision as a recommendation, our company has not made a general declaration of submission pursuant to § 36/C of the Consumer Protection Act of 1997 CLV. The Customer may still opt for court proceedings following the Conciliation Panel proceedings.

The national list of arbitration panels can be found at the following link:

https://bekeltetes.hu/

4.5. Use of the EU Online Dispute Resolution Platform

In the event that you were unable to settle your complaint during the complaint management procedure described in section 4.3, you may also submit it via the EU online dispute resolution platform ("ODR platform".

This platform allows consumers and vendors to try to settle their disputes arising from online purchases outside of court. The interactive website can be accessed in all official languages of the EU and its use is free of charge. Through the use of the ODR platform the consumer-customer and the vendor-service provider may agree on selecting a dispute resolution panel to find a remedy to the consumer's complaint.

The ODR platform is accessible at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

5.     Prices and invoicing

5.1. The currently applicable prices of Nespresso products are accessible: by phone (06 80 2582 80), or on the www.Nespresso.com website. The prices indicated on the website are always gross prices plus VAT. The prices indicated on the website are valid until cancelled or changed. Product images and stock information on the website are for information purposes only and may differ from the actual product. Nespresso may unilaterally modify prices at any time. Except in the case of automatic reordering, the prices in force on the day the order is placed shall apply. In the case of an automatic reorder service, the prices in force on the day of receipt of the goods shall apply.

5.2. Invoices must contain VAT as a separate entry.

5.3. In the case of delivery, the invoice for the order will be sent electronically to the e-mail address provided during registration. If you do not have a registered e-mail address, the invoice for the order will be attached to the delivery.

In case any of the commercial conditions pertaining to a good or product (i.e. price) shows a disproportional difference to the previously applied commercial conditions without the announcement of the changes in that commercial condition, Nespresso is entitled to refuse performance on the grounds of gross disparity of values exchanged or the lack of contractual will.

6.     Payment

6.1. With the exception of online payments using a Nespresso Gift Card or a bank card, and purchases made in Nespresso boutiques, the Customer shall pay the delivered goods in cash (or with a selected bank card, if this service is available) upon delivery of the products.

6.2. In case of purchases made in Nespresso Boutiques, payment can be made in cash, or using a Nespresso Gift Card, or any bank card accepted in Hungary (except Diners Club and JCB cards). In case of a cash payment in a Nespresso boutique, customers should check the change received on the spot, as we are unable to accept subsequent complaints.

6.3. In case of online orders, customers can pay using a bank card. In case of payment by bank card, this shall be affected via a VPOS terminal used by Nespresso. Section 7 contains the detailed terms and conditions for using online bank card payment services (VPOS services).

6.4. In case of automatic reorder, payment can be made in advance using a bank card, or cash on delivery.

6.5. All products shall remain the property of Nespresso until the invoice is paid in full.

7.     Conditions for Use of the VPOS Service

7.1. The VPOS service is available to customers inside and outside Hungary.

7.2. Bank cards accepted: VISA and MASTERCARD

7.3. In the course of payment by bank card, the price of the products ordered is to be debited to the card holder’s account in HUF.

7.4. In case of payment using the VPOS system, the customer’s bank card shall only be debited with the price after online confirmation of the purchase.

7.5. Upon using the VPOS service, the price of the products ordered is paid electronically, by means of a bank card, after confirmation of the order.

7.6. Nespresso shall bear no liability for any damages arising from incorrect data, or incorrectly filled out orders submitted by customers.

7.7. Any problems detected by customers regarding the VPOS service should be reported using the 06 80 2582 80 toll free phone number or the hungary@Nespresso.com e-mail address. Nespresso shall review all reports and complaints within 3 workdays, and customers shall be informed of findings using the channel used for reporting the complaints. Nespresso keeps a record of reported problems and complaints. Nespresso shall immediately take steps to remedy any problems reported by customers, which are subject to its liability and are found to be substantive.

7.8. Payments by bank card shall take place via the Adyen N.V. and EVO Payments International server. The server operator shall take all necessary technical measures to ensure that customers’ banking data remain secure and inaccessible to unauthorized parties.

8.     Recycling of Used Capsules

Nespresso capsules are made of aluminium which can be recycled infinitely. Nespresso has established a system of its own for collecting and recycling used capsules. Customers may return their used capsules to any Nespresso Boutique, or order used capsule pick-up by courier when submitting an order online, or by telephone for delivery to home address. During the recycling of returned capsules, aluminium and grounds are separated, with grounds being composted, and aluminium going to production facilities.

Customers shall ensure that only original Nespresso capsules or other capsules made of aluminium are contained in the collection bag.

By using this service, Customers shall undertake to refrain from any claims against Nespresso in connection with the handing over of used capsules.

Customers shall be able to return used capsules as follows:

8.1. Returning Used Capsules to Nespresso Boutiques:

This service is free of charge and not linked to any purchase.
Capsules to be returned should be placed in sealed collection bags in the containers located in the Boutiques.

Customers may return used capsules at any time during business hours of the Boutiques, but the number of capsules returned per day may not exceed 500.

8.2. Home Delivery with Pick-Up of Used Capsules

In case of home delivery, Customers are entitled to return used capsules subject to the conditions below.

This service is available free of charge, but subject to ordering new products with used capsule pick-up. This service is available in case of standard delivery between 8.00-18.00. and in case of morning (7.00-9.00) and afternoon (17.00-20.00) delivery services.

In case of ordering online from the webshop, the "Used Capsule Return option" should be clicked and the time of delivery should be selected.

In case of ordering by telephone, used capsule pick-up should be ordered verbally upon submitting the order for products.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

8.3. Disposal of used capsules at collection points

In the event of delivery to a pick-up point, the Buyer is entitled to deliver used Nespresso capsules under the following conditions.

Use of the service is free of charge, but is subject to ordering a product. For orders of the webshop or by phone, we will automatically attach the label required for return.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

9. Privacy

9.1.1 Nespresso collects, processes, or forwards Customers’ personal data to any third parties in possession of their prior written consent or by legitimate interest, and in some cases (eg. billing) in compliance with legal regulations. By finalizing registration, Customers accepts Nespresso's Privacy Policy, that their submitted data will be handled by Nespresso and disclosed to persons participating in the execution of orders, and for compliance with its sales Conditions and applicable legal provisions.

For further details on data processing, please consult the Nespresso Privacy Policy available at www.Nespresso.com under "Legal Notice" (https://www.Nespresso.com/hu/en/jogi-feltetelek).

9.1.2 Only persons over the age of 18 may register for the online shop.

9.1.3 Nestlé calls on Buyers to provide their registered data accurately and to cooperate in keeping it up to date. Nestlé shall not be liable for any claims from Buyers or third parties arising from incorrectly or inaccurately provided data or data that is no longer up-to-date (e.g. in the event of a change of delivery address).

9.1.4 The name and contact details of the Hosting Provider:

GLOBAL HEADQUARTERS
Nestlé S.A.
Avenue Nestlé 55,
1800 Vevey, Switzerland

9.2. Operation of Surveillance Camera System

Nespresso operates surveillance cameras in the following Boutiques to protect human life, physical security and property; to recognize, disclose, investigate, prevent or abort such possible unlawful acts. The camera regulations for the individual Boutiques are available in the given boutiques and under the "Data Protection" point on the www.Nespresso.com website.
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház utca 2-6. (Mammut Mall)
- Nespresso Mini Boutique at 1123 Budapest, Alkotás utca 53. (Mom Park)
- Nespresso Mini Boutique at 1062 Budapest, Váci út 1-3. (Westend Mall)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
9.3. Data Processing

Nespresso may disclose and forward data to the following data processors for data processing and marketing activities:
- Wavemaker Hungary Kft. - 1123 Budapest, Alkotás u. 53.
- Gebrüder Weiss Szállítmányozási és Logisztikai Kft. - 2310 Szigetszentmiklós, Leshegy Ipari park 12276/9; Leshegyi út, Prologis épület 9.
- DHL Express Hungary Kft. 1097 Budapest, Fehérakác u. 3.
- Express One Kft. 1239 Budapest, Európa u. 12.
- Sprinter Futárszolgálat kft. 1097 Budapest, Táblás utca 39.
- Magyar Posta Zrt. 1138 Budapest, Dunavirág u. 2-6.
- Kantar Hoffmann Kft: 1052, Budapest, Vitkovics Mihály utca 9.
- TNS Sofres, Paris: 3. Avenue Pierre Masse, FR-75014, Paris, France
- IPSOS France SAS: 35. Rue du Val de Marne, FR-75628 Paris CEDEX 13, France
- Nestlé Operational Services Worldwide S.A.: Route de Buyére 4 CH-1030 Bussigny-Prés Lausanne, Switzerland
- Salecycle Limited: DH4 5RA Houghton le Spring, Chase House, Rainton Bridge Business Park, United Kingdom
Photel Support Services , 1134 Budapest, Róbert Károly krt. 70-74. may use the data for customer service activities.

9.4. Rights of data subjects

9.4.1. The Customer is entitled to request information about his data managed by the data processo at any time, as well as to request the correction, deletion of his data or to withdraw his approval in compliance with section 9.1 at any time without charge or limitation, at Nespresso Boutiques or by calling 06 80 2582 80 or via e-mail to hungary@Nespresso.com.

9.4.2. In the event that the Customer's personal data management rights are in any way infringed, the latter may seek the following remedies
9.4.3. Nespresso shall use the financial and branch data acquired in the course of online payment and ordering process exclusively for executing the transaction approved by the card holder Customer. Nespresso shall assume no liability for any damages arising from unauthorized use of customers’ passwords by third parties. Payment by bank card shall be affected via the Adyen N.V. and EVO Payments International server, without Nespresso seeing or storing the banking data required for completing the transaction, and shall assume no liability for any unauthorized use of such data.

9.5. Cookies

We use cookies upon your visits to the www.Nespresso.com website and our webshop. These files provide us information on the user's website visiting habits, but do not store personal information. Our Cookie Policy is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

By visiting the www.Nespresso.com website or the webshop, our visitors consent to the monitoring of their user habits and that we display customized advertisements with the aid of programs and tools defined in the Cookie Policy. Our policy for remarketing activities is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

10. Information on Liability for Defects, Product Liability, and Warranty:

Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and Government Decree No 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. ), Nespresso informs its Customers, as consumers, of the warranty of accessories, product warranty, guarantee and right of withdrawal applicable to coffee machines, frothers and other accessories and digital goods.

10.1. Liability for Defects

In what cases can claims under liability for defects by filed by customers?

In case of non-contractual performance by Nestlé Hungária Kft. Nespresso division, Customers may file a claim under liability for defects against the company, as defined in the Civil Code.

What rights do customers have under liability for defects?

Depending on their choice, Customers may exercise the following rights under liability for defects:

They may request the product to be replaced, or repaired, except when such a request is physically impossible, or would cause disproportionately high additional costs compared to other options. In case replacement or repair is not requested, or cannot be requested, customers may request the counter value to be adjusted proportionately, or they may undertake to correct, or have the defect corrected at the cost of the seller, or may – as a last resort – cancel the sales contract.

In the case of a contract between a consumer and a business - for sale of products, supply of digital content or provision of digital services - the Customer may not, regarding the right to be exercised in connection with liability for defects, repair the defect themself or have it repaired by another party at the cost of the business.

Customers may change their minds regarding the right to be exercised in connection with liability for defects, but all costs of such a change shall be borne by the Customer, except when such a change is justified, or is the result of an action by the seller.

What is the deadline for claims under liability for defects to be filed by Customers?

Customers shall immediately report any defects detected, but in no case later than within two months. At the same time, it should be stressed that no claims under liability for defects can be filed after more than two years from performance of the contract.

Who should claims under liability for defects be addressed to?

The Customer may file claim compensation for defects from Nestlé Hungária Kft. Nespresso division.

What other preconditions exist for claims under liability for defects to be filed?

Within six months of performance of the sales contract, there is no other precondition of filing a claim under liability for defects apart from reporting the defect, if customers can document that the product has been delivered by Nestlé Hungária Kft. Nespresso division. However, after six months from performance of the sales contract, customers shall be required to prove that the defect detected already existed at the time of performance.

10.2. Product liability

In what cases can claims under product liability be filed by customers?

In case of a faulty product, customers may exercise their rights defined above, or file a claim under product liability, as they choose, directly to the manufacturer for products with no warranty, if 2 years have not yet lapsed from the products' date of sale.

What rights do customers have under product liability?

Customers may only request repair, or replacement of the non-contractual product under product liability.

In what cases can a product be regarded defective?

Products are defective, if they do not comply with the quality standards applicable at the time of sale, or with the features in the description provided by the manufacturer.

What is the deadline for claims under product liability to be filed by customers?

Claims under product liability can be filed within two years of the product being sold by the manufacturer. After this deadline, no such claims can be filed.

Who should claims under product liability be addressed to and what other preconditions of filing such a claim exist?

Claims under product liability can only be addressed to the manufacturer, or distributor of the product.
In case of a claim under product liability, customers shall be required to prove that the product has been non-contractual.

10.3. Warranty

The provisions defined in the warranty booklet attached to the Nespresso machine by the manufacturer, or distributor shall be applicable, with the warranty provided by the manufacturer, or distributor defined therein.

In what cases can customers exercise their warranty rights?

In case of non-contractual performance, Nestlé Hungária Kft. Nespresso division has a warranty obligation for Nespresso milk frothers according to Government decree no. 151/2003 (IX.22.) and Government decree no. 270/2020 (Vi. 12) about mandatory warranty for durable consumer goods. For coffee machines, warranty obligations shall be performed by the manufacturer or distributor defined in the warranty booklet.

What rights do customers have under warranty, and what deadlines are applicable?

Consumers’ rights under warranty (consumers may exercise the following rights according to their choice, in case of a defect subject to warranty):

to have the product repaired, or replaced (except, when this is impossible, or would result in disproportionately high extra costs compared to a reduction or reimbursement of the price),

a proportionate reduction in the price, repair of the defect at the expense of the seller, cancellation of the contract of sale, with the exception of insignificant defects (reimbursement of the price).

In the course of repair, only new parts may be used in the product subject to repair.

Customers are only entitled to a price reduction, a repair at the expense of the seller, or reimbursement of the price, if the seller declined to have the product repaired, replaced, or is unable to do so with regard to the properties and the Customer’s expected function of the product within a reasonable deadline, or the consumer no longer has an interest in having the product repaired, or replaced.

Place and deadline for exercising customers’ rights under warranty:

Customers may exercise their rights under warranty within 24 months of delivery of the product. The time used for repair when customers are unable to use the product for its intended function shall not be included in this 24 month period.

In case customers wish to have the product replaced within three working days of the purchase, owing to a defect, the seller shall replace the product, if the defect prevents the Customer from using it according to its intended purpose. If Nespresso offers a price reduction or refund instead of replacing the product, it shall do so in the form of a bank transfer within 14 days from receiving the Customer's notification.

Sellers shall have the repair or replacement completed within a suitable deadline. Sellers shall be exempted from this deadline, if they prove that they have done everything in their power under the given circumstances to have the repair or replacement completed within a suitable deadline.

Customers’ rights under warranty may be exercised with the seller, or its right for repair may be exercised directly with the repair service defined in the warranty booklet.

Further details are available in the warranty booklet.

When are sellers relieved of their warranty obligations?

Sellers are only exempted from their warranty obligations, if they prove that the cause of the defect appeared subsequently to performance of the contract of sale.

It should be stressed that simultaneous claims under liability for defects and product liability cannot be filed at the same time for the same defect. Nevertheless, customers are entitled to their rights arising from warranty, irrespective of the rights defined within the scope of liability for defects and product liability.

10.4. Right to Cancel the Contract of Sale

   10.4.1. Under the present Conditions of Sale, the natural person (not a corporate buyer) may cancel the contract of sale for coffee machines, Nespresso milk frothers, unopened boxes of coffee capsules and unopened boxes of cookies, chocolate, candy and other Nespresso accessories without justification, within 14 days in case of orders submitted on the www.Nespresso.com website, our mobile applications, by phone or via an iPad in our partner shops. The right to cancel the contract of sale does not apply to purchases made in Nespresso Boutiques or bought by not natural person.

   10.4.2. The deadline for the right to cancel the contract of sale lapses after 14 days from the date the Customer or the person acting in his name takes delivery of the product.

   10.4.3. In case customers wish to exercise their right to cancel the contract of sale, they shall be required to deliver a clear declaration of their intent thereto ( for example by mail, telefax, or E-mail) to the following address:

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso division:
    E-mail: hungary@Nespresso.com
    By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
    By fax: send it to 06 80 2580 80 free of charge

They may also use the sample form “cancellation of contract of sale” attached as annex no. 1 for this purpose.

   10.4.4. The right to cancel the contract of sale will be exercised in time, provided the declaration thereof is sent before the deadline defined above.

   10.4.5. The Customer is also entitled to exercise his right of cancellation between the date of concluding the contract and the date of product delivery.

   10.4.6. The Customer shall be obliged to prove that he exercised his right of cancellation or termination in compliance with legal regulations.

10.5. Legal Effects of Cancellation

   10.5.1. In case Customers cancel this contract of sale, all forms of payment affected by them shall be returned immediately, but under no circumstances later than within 14 days of receiving their declaration thereof, including delivery costs (except for extra costs resulting from customer choosing another form of delivery different from the cheapest offered by us, such as the postal charges of returning a product). For the reimbursement of payments, we will use the same method of payment as used for the original payment, except if customers explicitly approve another method of payment, which will result in no extra cost for them. Cases where payment is made to the courier upon delivery of the package shall be exempted from the above. In such cases, refunds shall be paid via bank transfer.

   10.5.2. We hereby inform Customers, that we are entitled to delay reimbursements until the product subject to reimbursement is returned to us.

   10.5.3. Returning Products

Customers shall return the product to us without unreasonable delay, within 14 days of communicating their intent thereto at the latest. This deadline shall be met, if the product is sent to us before expiry of the 14 day deadline.

Upon returning products, please seal the package securely and please indicate the original order number to enable clear identification.

Return Address:

Gebrüder Weiss Hungary Kft. Nespresso raktár

Prologis épület 9.

Leshegy Ipari Park

Leshegyi út hrsz. 12276/9

Szigetszentmiklós

2310

Personal returning address:

Nespresso Boutique Árkád

1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Bevásárlóközpont)

   10.5.4. The direct costs of returning a product shall be borne by the Customer. The Customer shall be responsible for ensuring that the product is returned intact. Nespresso shall not be held liable for damages suffered during the return transport.

   10.5.5. In case of cancellation, the Customer shall be liable for impairment caused by use exceeding attempts to establish the nature, features and operation of the product.

10.6. Returning Products - only in case of products purchased in Nespresso Boutiques

Returning products to the Boutiques is possible under the following conditions (except for warranty, product liability and liability for defects):
- The scope of products: all machines and accessories; this option is not open to food products (coffee, cookies, chocolate, candy).
- The product can only be returned within 1 month of the date of purchase, after showing the original purchase invoice.
- Products can only be returned to the place of purchase, the same Boutique where they were originally purchased.
- Upon returning a product, we can offer in store credit for the value indicated on the original invoice, however we are unable to refund the purchase price. If upon product replacement the Customer chooses a product with a higher effective price than the previously purchased item - even if the product is the same - the price difference is to be paid by the Customer.
- if the product packaging is intact and complete
- if the product had not been used
The Boutique staff shall check and decide whether these conditions are met.

For food safety reasons, we are not able to accept the return of food products (coffee, cookies, candy, chocolate) - outside the scope of liability for defects or product liability - even if the product and the packaging are intact and complete.

VAT inclusive invoices may only be modified on the date of such request and with the actual modification date indicated, at the place of original purchase. The original invoice must be handed over for an invoice modification.

11. Miscellaneous Provisions

11.1. Nespresso hereby informs its Customers that the company follows the Hungarian Code of Advertising Ethics. The Code is available at the following link: http://www.ort.hu/hu/kodex/elszo .

11.2. We recommend the use of these browsers for the www.Nespresso.com/hu/en website operated by Nespresso: Google Chrome (newest version) Mozilla Firefox (version 3, or higher) Apple Safari (version 3 or higher) or Internet Explorer (version 8 or higher).

We recommend use of any Mozilla Firefox or Google Chrome version, or the default browser of Android phones and Safari for the site optimized for mobile phones.

11.3. Nespresso uses state-of-the-art technology and protection to keep user data safe.

12. Applicable Law

Hungarian law shall be applicable with regard to the provisions contained herein. Provisions of the Civil Code and other legal provisions in effect shall be applicable to the issues not subject to these Sales Conditions. The parties agree that in case of any legal disputes arising from this legal relationship – when the competence of Budapest Környéki Törvényszék or Fővárosi Törvényszék cannot be determined, they accept the competence of Budai Központi Kerületi Bíróság or Székesfehérvári Törvényszék, depending on value.

13. Nespresso & YOU membership program

These terms and conditions of membership shall be applicable to the Nespresso & YOU Membership program.

These terms and conditions of membership constitute part of the terms and conditions of sales applied by Nestlé Hungária Kft. Nespresso division. Regarding issues not regulated by these terms and conditions of membership, the terms and conditions of sale shall be observed and applied with the deviations defined in the terms and conditions of membership.

According to the Nespresso & YOU membership program, only the individuals and legal entities acting as customers shall become members, who complete their purchases from Nespresso outside the scope of their profession, occupation or business activities, and are eligible for membership under these terms and conditions of membership. Persons under the age of 18 shall not be eligible for membership.

13.1. What is the Nespresso & YOU Membership Program?

Nespresso (referred to as: „us” in this text) operates a customer loyalty program under the name Nespresso & YOU Membership Program.

All our registered members, or those registering after the date defined under this point, who meet the conditions defined herein, shall become members of the Nespresso & YOU.

Three levels of membership exist under this program. Each level is dependent on the duration of membership and the quantity of capsules purchased. Purchases of capsules shall be completed via the www.Nespresso.com web site, or using mobile apps, or by telephone, or in one of the Nespresso Boutiques, with the customer identifying himself/herself according to the applicable conditions. The different levels of membership are described in detail under point 13.3.

These conditions of membership shall be applicable from 22 February, 2022. until being revoked.

13.2. How can you participate in the Nespresso & YOU Membership Program?

Your membership in the Nespresso & YOU Membership Program shall commence with the first purchase of coffee capsules through one of the Nespresso channels as an identified member. In case of membership existing prior to the effectiveness of the Nespresso & YOU Membership Program defined under point 1., membership shall be valid from the date of the first coffee capsule purchase registered with Nespresso. Customers who do not meet these membership conditions shall not be able to participate in the loyalty program in spite of registering.

In case you meet the conditions of participation in the loyalty program, your membership shall commence with your successful registration in a Nespresso Boutique, or with the Nespresso call centre, or at the www.Nespresso.com web site, or using a mobile app. and your first invoiced purchase of coffee capsules. In case of successful registration, you’ll receive a membership number from us. If you are already a member, the date of your first coffee purchase from Nespresso shall be deemed the first day of your membership.

In case you had already been a Nespresso member prior to the effectiveness of these conditions of membership defined under point 13.1., the precondition of your participation in the Nespresso & YOU Membership Program is that you made at least one invoiced purchase of coffee capsules from Nespresso in the 12 months prior to the commencement of the program. (with the exception of customers subject to the Grace period offer defined under point 13.5.).

Please, keep your membership number and password confidential. Only one individual, or legal entity shall hold a specific membership number.

Nespresso shall not bear any liability whatsoever for any damages, or loss of data resulting from you sharing your membership number and password, or their use by unauthorized persons.

Your personal data shall be used in accordance with the provisions of the Nespresso Data Privacy Policy.

By accepting these conditions of membership, and providing your personal data, you shall accept the contents of the Data Privacy Policy. The Data Privacy Policy can be found here: https://www.Nespresso.com/hu/hu/adatvedelem.

13.3. Levels of the Nespresso & YOU Membership Program

Three levels of membership exist in the Nespresso & YOU Program. Each level shall be calculated by combining the duration of membership and the quantity of capsules purchased. Capsule purchases are calculated per the 12 month periods between anniversaries, the so called membership year.

Anniversaries shall be interpreted as the month (not day) when the first purchase of Nespresso coffee was made.

The duration of membership shall be interpreted as the number of complete years when at least one invoiced purchase was made, elapsing since the first coffee purchase.

Levels of membership in the Nespresso & YOU program:
- Connoisseur: Customers who purchased less than 720 capsules in the 12 months between the last two anniversaries, and their first invoiced purchase of coffee capsules was made 0-4 years ago.
For example, our member will be a Connoisseur, if his/her first purchase of coffee capsules was made 2 years ago in August, and since then 600 capsules have been purchased annually between 01. August and 31. July of the next year.
- Expert: Customers who purchased between 720 – 1080 capsules in the 12 months between the last two anniversaries and/or heir first invoiced purchase of Nespresso capsules was made 5-9 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Expert, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 900 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made 8 years ago in August, and since then a total of 300 capsules have been purchased annually between 01. August and 31. July of the next year.
- Ambassador: Customers who purchased over 1080 capsules in the 12 months between the last two anniversaries and/or their first invoiced purchase of Nespresso capsules was made longer than 10 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Ambassador, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 1 200 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made11 years ago in August, and since then a total of 200 capsules have been purchased annually between 01. August and 31. July of the next year.

You can access the length of your membership and the quantity of capsules purchased by calling the Nespresso Boutiques, on the www.Nespresso.com web site, or under My account in the menu, after signing in using our mobile apps.

In case you make no invoiced capsule purchases for a period of 12 months, your participation in the Nespresso & YOU program shall be terminated - although your membership number will remain valid – and you will not be able to take advantage of the benefits of the loyalty program in the future. Participation in the Nespresso & YOU program can recommence with a new coffee purchase. In this case, the quantity of coffee capsules purchased will determine the new level of membership, with the new 12 month period (membership year) beginning with the month of the new purchase and the length of your membership will also be calculated from this month - (with the exception of customers subject to the Grace period offer defined under point 13.5.).

In terms of determining membership levels and participation in the loyalty program, only quantities of coffee capsules bought during purchases containing coffee capsules shall be taken into account as follows:
- Coffee capsules purchased shall be interpreted as coffee capsules invoiced and delivered according to a valid order
- Orders revoked/returned for any reason whatsoever shall be deducted
Tasting sets received upon the purchases of coffee machines shall not be regarded as purchases of coffee capsules. No free product samples, promotional gifts, or capsules received as compensation from Nespresso shall be regarded as purchases. The date of purchase shall be the day of delivery in all cases.

13.4. Benefits of membership

According to the loyalty program, benefits and discounts based on membership level come with Nespresso & YOU membership.

Membership levels:
- Connoisseur: Free delivery, Coffee machine maintenance program, Masterclass
- Expert: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother
- Ambassador: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother, Coffee machine replacement program, Priority purchase from our exclusive coffees, VIP events
Free delivery: If you purchase coffee capsules via the www.Nespresso.com web site, mobile apps, or by telephone and all orders over HUF 5 000 shall be delivered free of charge. This offer shall apply to normal deliveries.

Coffee machine maintenance program: In order to produce a perfect coffee experience, your coffee machine should undergo regular maintenance. By removing scale regularly, the lifecycle of your coffee machine can be extended substantially. After the 500th capsule purchased in a given year of club membership, you will receive a free descaling kit (1 x 100 ml). Each club member is entitled to max. 1 free descaling kit in a membership year. On each anniversary of club membership, the number of capsules purchased is reset and the counting of capsules restarts.

We’ll provide a replacement coffee machine for our members for the duration of servicing during the complete two year warranty period and in the period following the expiry of the warranty period, if their coffee machines are registered with us. For our Ambassador and Expert members, replacement machines are available including delivery free of charge during the complete two year warranty period. For our Connoisseur members, a replacement machine shall be available for HUF 990, with delivery free of charge.

Following the expiry of the warranty period, our Ambassador and Expert members will continue to receive replacement coffee machines free of charge. For our Connoisseur members, replacement coffee machines will be available for a charge of HUF 990, if they require one. A uniform fee of HUF 3.250 will be charged for delivery each way following the expiry of the warranty period on all membership levels.

Masterclass: Attend our exclusive coffee tasting events, and discover the world of coffee with the help of our experts. The dates of coffee tasting events can be found at the www.Nespresso.com web site. Attending the events is free of charge, but subject to registering in advance. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any Masterclass event, regardless of their membership status.

Extra 15% discount for accessories, sweets: Have you been longing for a Nespresso cup for a long time? Would you like to taste our sweets? For a total of six purchases annually, we’ll grant you an extra 15% discount from the price of our accessories and sweets.

The discount shall be applicable to purchases of the following products: Nespresso cups, glasses, spoons, capsule dispensers, Travel mug, used capsule cage, coffee machine parts and sweets. Maximum 5 Nespresso accessories, or sweets can be purchased at the discounted price upon a single order/purchase with one membership registration in one membership year, or the discount can be used for maximum 6 purchases in a membership year. The 15% price discount cannot be applied simultaneously with other promotional offers for accessories. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.The discount does not apply to milk frothers and descaling kits.

20% discount for Aeroccino4 milk frother: Latte macchiato, or cappuccino? Buy an Aeroccino4 milk frother at 20% discount. The discount cannot be converted to other products, or cash. The discount shall apply to one Aeroccino4 milk frother, in a specific membership year, with one registration, upon a single purchase. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers for milk frothers sold by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

Coffee machine replacement program: Would you like to replace your old Nespresso coffee machine? Buy at least 500 Nespresso coffee capsules in a single order and choose a Nespresso Original Line Citiz or any higher priced machine from the Original Line at a 50% discount. Or, buy at least 200 Nespresso coffee capsules in a single order and choose a Nespresso Vertuo Next or any higher priced machine from the Vertuo Line at a 50% discount.

The offer only applies to Original Line Citiz and Nespresso Vertuo Next or higher priced coffee machines when purchased together with 500 or 200 capsules.

Maximum one Nespresso coffee machine can be purchased in one membership year, with one registration, with the conditions of the above offer. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Ambassador members.

Priority purchase of our new products: Be the first to buy our new products. Pre-purchase is valid for at least one week after the launch of the product. Pre-purchase is only available to Ambassador Club members.

VIP events: Attend our exclusive events to learn more about the world of coffee, gastronomy and art. You can find out about current events by email and on our website. Attending our events is subject to registration and might be subject to a fee in some cases. Only our Ambassador members may register. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any VIP event, regardless of their membership status.

13.5. Termination of Membership

You are entitled to terminate your membership anytime, in a notice sent by mail, or e-mail (hungary@Nespresso.com) or by telephone call to our freephone number: 06 80 2582 80.

We are entitled to terminate your membership by written notice, in case you violate any of the above provisions, or abuse the benefits offered by our program.

Upon three months’ notice, we shall be entitled to amend or terminate this program anytime. We shall be entitled to amend or terminate this program anytime without three months’ notice, if that is required by a legal provision of the applicable law.

Annex No. 1 - Sample Declaration of Cancellation of Sale

Please, only fill out and return it to us if you wish to cancel/terminate the contract of sale.

To: Nespresso

Email: hungary@Nespresso.com
Telephone: 06 80 CLUB 80 number (06 80 2582 80)

I/We, the undersigned hereby declare that we exercise our right of cancellation with regard to the contract of sale concerning the following product/s:
Date of the contract/delivery:
Customers’ name:
Customers’ address:
Customers’ signature: (on printed declaration only)
Date:

Annex No. 1 - ENGRAVING SERVICE

Where can I use it?
Only at the Nespresso Boutique located at Allee Shopping Centre, 8-10 Október Huszonharmadika utca, 1117 Budapest, 1117 Budapest. Engraving can only be done by a colleague working in the Boutique.
The service will be carried out within 48 hours.

Which products can I have engraved?
The following products are currently available in stock:
1. Travel Mug (available in stock in all colours, any size)
2. Touch Travel Mug (all available in all colours)
3 Pixie cups (available in stock in all colours, any size)
Exclusively available at the Nespresso Boutique in Allee Shopping Centre directly after purchase or after pick-up at the BTQ pickup dropped off at the location.

What text can be engraved on the products?
Only the texts, fonts and placement indicated in the help file available in the Boutique can be implemented.

We cannot be held responsible for any complaints arising from engraving and we cannot replace the product.
The customer must inspect the product before engraving and report any visible defects (e.g. scratches, cracks, breaks) to the coffee specialist before engraving begins. If the product is defective, engraving cannot be carried out.

Furthermore, Nespresso reserves the right to refuse the engraving requested at any time without giving any reason.

Our Coffee Specialists are at your disposal to answer any questions you may have.

Last modified: 27.12.2022
The Sales Conditions defined herein shall be applicable to all orders submitted to the Nespresso division of Nestlé Hungária Kft. online, by telephone, by email or personally at a Nespresso boutique. The conditions defined herein shall constitute part of all other agreements. By submitting an order, customers (hereinafter: Customers) shall acknowledge that they have read, understood and unconditionally accepted the Sales Conditions contained herein.

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso Division of Nestlé Hungária Kft.:

Nespresso mailing address for business purposes: 1123 Budapest, Alkotás utca 53. MOM park "A" Irodaépület, 3. emelet
Telephone, customer services: 06 80 2582 80 (0680 CLUB 80)
E-mail: hungary@Nespresso.com

Nestlé Hungária Kft. mailing address and company seat: 1095 Budapest, Lechner Ödön fasor 7.;

Corporate Reg. No.: Fővárosi Törvényszék Cégbírósága:   01-09-267926

Tax ID No.: 10571086-2-44

(hereinafter referred to as: „Nespresso”)

1.    General Provisions

1.1. The following provisions shall only be applicable to orders submitted to the Nespresso division of Nestlé Hungária Kft. (hereinafter: „ Nespresso”).
1.2. Nespresso reserves the right to unilaterally amend or change these provisions at any time.

2.    Orders and In Store Shopping

2.1. Orders may be submitted as follows:

    2.1.1. Using delivery service – via Nespresso
- Website: please, visit the www.Nespresso.com website, browse our offers, then order the selected product(s)
- Mobile applications: please, download our mobile app to you iOS or Android smartphone
- By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
2.1.2. POS purchase in Nespresso Boutiques:
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház u. 2-6. (Mammut Shopping and Recreational Center)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- 1123 Budapest, Alkotás utca 53. at 1123 Budapest, Alkotás u. 53. (MOM Park)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
- Nespresso Mini Boutique at 1062, Budapest, Váci út 3. (Westend)
- Nespresso Mini Boutique at 1115 Budapest, Etele út 68. (Etele Plaza)
Please visit the following website for Nespresso Boutique opening hours: https://www.Nespresso.com/hu/en/uzletkereso

2.2 We would like to inform you that purchases / orders made on the www.Nespresso.com website, via mobile applications, by telephone or in our Boutiques are subject to maximum daily and monthly order quantity limits, the terms of which are determined by Nespresso at its sole discretion.

2.3. Automatic Reorder Services:

Our automatic reorder service allows Customers to place orders automatically according to their defined frequency and quantity, with automatic invoicing until authorization of automatic reorder is cancelled by Customers.

Automatic reorder is available upon ordering through the website or by telephone.

The settings of Automatic reorder, particularly frequency of delivery and quantity may be altered by the customer at any time free of charge.

Should any product be unavailable for delivery owing to a shortage of stock, or any other reason, products not subject to such limitation shall be delivered on schedule as confirmed, except if the Customer chooses to exercise the right of cancellation in regard of the complete order. In case delivery is accepted by the Customer with the limitations indicated above, only the price and delivery charge payable for the products actually delivered shall be invoiced.

The service is only available for online bank card payments and cash on delivery.

2.4. Nespresso hereby informs its Customers that upon submitting orders by Customer, a contract of sale is entered into by Customers and Nespresso for a definite term, which shall remain in effect until the conditions defined therein are fulfilled completely. Nespresso hereby informs its Customers that such contracts entered into for a definite term shall under no conditions be transformed into contracts for an indefinite term.

2.5. Pursuant to the contract of sale entered into by Customers and Nespresso, Customers shall be obliged to take delivery of and pay for the products ordered, after such orders have been submitted Customers shall fulfil their obligations under the contract by such acceptance of delivery and payment. Accordingly, the shortest term for performance of Customer’s obligations is the date when such obligations are fulfilled.

2.6. Nespresso is entitled to refuse orders in case previous invoices have not been settled by the customer, or in case payment of the invoices within the due date cannot be guaranteed according to Nespresso.

2.7. The prices listed on the website always include VAT, which shall remain in effect until termination, or change. The product photos and inventory data on the website is for information only, and may not be identical to current inventory. Nespresso retains the right to unilaterally change its prices at any given time. With the exception of automatic reorder services, the prices effective on the date of submitting the order shall prevail. In case of automatic reorder services, the prices effective on the date of taking delivery of the products shall prevail.

2.8. Confirmation of Orders:
- In case of orders submitted online: automatic confirmation will be sent by Nespresso
- In case of orders submitted by telephone: immediate confirmation during the conversation
- In case of automatic reorder, conformation will be sent by e-mail 4 days prior to delivery with the precise time of delivery, the contents of the basket, the price and delivery fee payable, and notice of any items that cannot be delivered owing to a shortage of stock, or any reason whatsoever.
2.9. Special Conditions of Purchase for Online Orders Via the Website

    2.9.1. In the course of registering on our website, Customers shall be required to provide valid, complete and truthful data in the fields to be filled out on a mandatory basis. In case of any changes in your address, or other personal data, please inform Nespresso immediately, by modifying your data on the personal data page, or by contacting Nespresso using the 06-80-25-82-80 phone number.
When using the online bank card acceptance service provided by Nespresso, you might be required to fill out another online registration form before commencing payment. In order to avoid any potential problems related to payment, please check the accuracy of your personal data. Nespresso shall assume no liability whatsoever for any incorrect performance resulting from incorrect data submitted.

    2.9.2. You shall be required to create a password when registering on our website. This password should be treated strictly confidentially and must not be shared with, or communicated to anyone else. You shall bear full liability for using your password, and the orders submitted with your password, even if it is used without your knowledge. In case you are aware, or have any suspicion of any unauthorized person gaining knowledge of your password, or of using it, you must inform Nespresso immediately by calling 06-80-25-82-80.

    2.9.3. By selecting and ordering a product on the www.Nespresso.com website (hereinafter: website), or using our mobile app, a contract of sale is entered into by Customers and Nespresso, after clicking on Hungary, to which the provisions of orders, confirmation, the present Sales Conditions, the Conditions for Use of the www.Nespresso.com website and the Nespresso Privacy Policy shall all be applicable.

    2.9.4. Technical steps of concluding the contract after registration: Customer places the selected product in the basket, submits delivery data then selects a payment option. After reviewing order data, the order is submitted by the Customer by accepting the Sales Conditions and clicking on the Buy button.

    2.9.5. Orders submitted online via the website can only be accepted and fulfilled by Nespresso if all fields on the registration and purchase pages are completey filled out by the Customer. Nespresso shall assume no liability whatsoever for any damages resulting from failure to do so, or for technical problems occurring during the process.

    2.9.6. All delivery, or other costs resulting from incorrect, or insufficient address data, or other information submitted shall be borne by Customers.

    2.9.7. By submitting an order, Customers accept the conditions of the contract of sale, and those of the Sales Conditions.

    2.9.8. The contract of sale concluded by the parties shall be regarded as a written contract, which shall be recorded and stored by Nespresso in order to fulfill its contents and Nespresso’s tax obligations defined by legislation. The contract of sale entered into by the parties shall be accessible in a form that allows Customers to view their preceding orders in their account and receive confirmation of the order and the invoice.

    2.9.9. Nespresso shall ensure that any mistakes made in entering data during the ordering process can be identified and corrected by Customers, by means of the „confirm order” panel.

    2.9.10. If in spite of due diligence displayed by Nespresso, an incorrect price, date, or offer in contradiction with the conditions of the promotion appears on the website – in particular a price of HUF "0" or "1" resulting from a system error, or any price that is significantly different from the generally known, or estimated price of the product, including a noticeably disproportionate price, Nespresso shall not be obliged to deliver the product at the incorrect price, but shall be entitled to offer delivery at the correct price, upon which client shall have the option to cancel the order. Clients shall be entitled to exercise this right without explanation.

The same applies to offers displayed incorrectly on the website by means of tools stored in the cache memory of the Nespresso mobile app, or of the browser (banners, messages) after the expiry of the official promotional conditions.

3.    Delivery

3.1. Nespresso shall only deliver orders submitted online, by email, or by telephone to addresses located within national borders.

3.2. Delivery of the products ordered shall be subject to a delivery fee payable by Customer with the exception of special cases defined herein, or in conditions applicable to promotional campaigns. Delivery fees applicable to specific orders shall be defined during ordering.

3.3. In case of Home Delivery, and Delivery to a Pick-Up Point the packages are delivered from Nespresso's central warehouse.
Nespresso warehouse: Gebrüder Weiss Szállítmányozási és Logisztikai Kft., 2310 - Szigetszentmiklós Leshegy út 12276/9

Current Nespresso delivery prices are available here:

https://www.Nespresso.com/hu/en/szolgaltatasok#/delivery/next-day-delivery

https://www.Nespresso.com/hu/en/szolgaltatasok#/customer-care/assistance-24-7

3.4. Home Delivery:

In case of home delivery the Customer shall have the option to select the date (depending on the place of delivery) of the delivery.

Nespresso shall attempt to deliver orders submitted and processed by 19.00 on working days for standard delivery – that is between 08.00-18.00 on working days (hereinafter: standard delivery) within 1 workday from the receipt of the orders, however Nespresso shall assume no liability for non-compliance with the above deadlines. Normal delivery charge is HUF 2490.

3.5. Delivery to a Pick-Up Point:

In case of deliveries to pick-up points Nespresso shall attempt to deliver orders submitted and processed by 18:00 on workdays within 1 workday for Budapest locations and within 2 workdays for regions outside of Budapest. However, Nespresso shall assume no liability for non-compliance with these deadlines.

In case of delivery to a pick-up point, customers shall be required to present proof of their identity (ID card, driver’s licence, passport) before signing receipt of the package, or in case the package is to be picked up by a different person from the addressee, title to the package shall be documented. This shall be affected by recording the number of the ID document presented by the persons taking delivery and the title stated on the delivery form signed by them. In case the package is picked up by a person different from the addressee, due authorization thereto signed by two witnesses shall also be presented to the person delivering the package, which shall be attached to the delivery form.

Pick-Up point delivery charge is HUF 1690.

3.6. Nespresso Boutique Pick-Up (Parcel Pick-Up at Nespresso Boutique):

In case of orders placed through the Nespresso website Boutique Pick-Up delivery mode is available to be chosen as the pick-up point of the parcel. This service is only available with bank card and/or gift card payment processed through the website.

For orders sent more than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready at the selected Nespresso Boutique 1 hour after placing the order. For orders sent less than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready to be picked-up next day at least 1 hour after the opening of the selected Boutique. The parcel can be picked-up with priority at the chosen Nespresso Boutique by choosing the "Boutique Pick-Up" option at the number drawing counter.

Boutique pick-up is free of charge. After making the order you will be required to collect your package within 1 week in the selected Boutique.

The Boutique Pick-Up service is not available in Nespresso Mini Boutiques and in Temporary Mini Boutiques (see section 2.1.2 for the current list of Mini Boutiques).

3.7. Nespresso reserves the right to change the terms of delivery.

3.8. Potentially arising delivery costs shall include VAT and are to be invoiced with the purchase price.

3.9. From 29. August 2022, orders of minimum HUF 5 000 submitted online via our website shall be delivered free of charge.

3.10. Customers shall verify that the package is intact upon delivery and if the package is damaged they shall refuse to take delivery of it and indicate the problem to Nespresso by calling 06-80-25-82-50.

3.11. Upon taking delivery by customers or persons acting in their place, all risk of loss, or damage to the package shall be transferred to customers.

3.12. In order to deliver orders on time, Nespresso strives to keep sufficient stocks of products. However, it is possible that stocks of certain products turn out to be insufficient for all deliveries to be executed on time. In such cases, Nespresso is entitled to affect partial deliveries, or to defer delivery. Any additional costs arising from additional deliveries shall be borne by Nespresso. Orders for products available in limited quantities (like Limited Edition, Special coffees, or certain accessories) can only be delivered as long as stocks allow.

4.    Handling of Complaints

4.1. Taking Delivery and Verification of Goods

    4.1.1. In case of an incomplete delivery, or failure to deliver the goods, Nespresso shall deliver a substitute product of identical value, or shall credit the amount paid to the customer’s account – as chosen by customers – or shall reimburse amounts already received to the bank account of the customer, within 14 days.

    4.1.2. Subsequent to taking deliver of the goods, the Customer shall be obliged to verify the quantity of the delivered product(s) and their intactness and shall be entitled to inform Nespresso of any shortcomings or damages in the following manner: within 7 days of taking delivery by giving the invoice number, a short description of the complaint and a copy of the consignment note in an email addressed to Nespresso (hungary@Nespresso.com) or a postal letter mailed to the address of Nespresso. Nespresso shall investigate complaints within 2 workdays and inform the Customer of the findings. No complaints submitted beyond the above deadline shall be accepted.

    4.1.3. Please note that you can lodge a complaint with the competent Government Office in your place of residence or with the competent Conciliation Board in your place of residence.

The contact details of the Government Offices can be found at the following link: Consumer Portal - Consumer Protection Authority (kormany.hu)

Contact details of the conciliation bodies can be found at this link: Consumer Portal - Conciliation bodies (kormany.hu)

An online dispute resolution platform launched by the European Commission:

https://webgate.ec.europa.eu/odr

4.2. Returning Products

Nespresso shall only accept the return of products in case of incomplete or damaged delivery as defined in section 4.1; if its guarantee, product liability or warranty obligations as detailed in section 11 stand, and in case of cancellation as per sections 10.4 and 10.5. The Customer shall return the products in their original packaging in case of incomplete or damaged delivery, and in their unopened original packaging in case of order cancellation. In case products are returned (sent back) in line with the relevant provisions, the invoiced amount plus arising delivery costs are to be credited to the customer’s account within 14 days at the latest. In the cases detailed above the return of the products - with the exception of cases regulated in sections 10.4 and 10.5 - shall be organized by Nespresso upon the Customer's request, and the costs of returning shall be borne by Nespresso.

4.3. Complaints Management

The Customer may indicate his complaints regarding Nespresso products and services by phone, by calling a toll free number 06-80-25-82-80 or number +36-1-413-5800 from abroad; electronically at https://www.Nespresso.com/hu/en/kapcsolat; personally at any Nespresso Boutique

Nespresso shall strive to provide a comprehensive response to the complaint as soon as possible: it shall confirm receipt of the customer complaint within 2 workdays and give a final and comprehensive response within 14 workdays. Nespresso shall primarily respod to complaints via e-mail or by phone, unless that is not possible or the customer filing the complaint had explicitly requested a different form of communication. Nespresso may contact the Customer prior to its response in order to investigate the complaint, by using the contact data given by the Customer.

4.4. Possibility of Turning to a Conciliation Panel in Case of Consumer Complaints:

Conciliation panel. The Customer may initiate conciliation panel proceedings at the conciliation panel working alongside the competent professional association in the interests of reaching a peaceful settlement of the legal dispute related to the conclusion or execution of the contract. In case of arbitration panel proceedings co-operation with the arbitration panel is mandatory.

The Conciliation Panel for Nespresso's official seat:

    Name: Budapesti Békéltető Testület [Budapest Conciliation Panel]

    Address: 1016 Budapest, Krisztina krt. 99.

    Phone number: (1) 488-2131

    Fax number: (1) 488-2186

    E-mail address: bekelteto.testulet@bkik.hu

Nespresso shall consider the conciliation panel's decision as a recommendation. The Customer may still opt for court proceedings following the Conciliation Panel proceedings.

The national list of arbitration panels can be found at the following link:

https://bekeltetes.hu/

4.5. Use of the EU Online Dispute Resolution Platform

In the event that you were unable to settle your complaint during the complaint management procedure described in section 4.3, you may also submit it via the EU online dispute resolution platform ("ODR platform".

This platform allows consumers and vendors to try to settle their disputes arising from online purchases outside of court. The interactive website can be accessed in all official languages of the EU and its use is free of charge. Through the use of the ODR platform the consumer-customer and the vendor-service provider may agree on selecting a dispute resolution panel to find a remedy to the consumer's complaint.

The ODR platform is accessible at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

5.     Prices and invoicing

5.1. The currently applicable prices of Nespresso products are accessible: by phone (06 80 2582 80), or on the www.Nespresso.com website. The prices indicated on the website are always gross prices plus VAT. The prices indicated on the website are valid until cancelled or changed. Product images and stock information on the website are for information purposes only and may differ from the actual product. Nespresso may unilaterally modify prices at any time. Except in the case of automatic reordering, the prices in force on the day the order is placed shall apply. In the case of an automatic reorder service, the prices in force on the day of receipt of the goods shall apply.

5.2. Invoices must contain VAT as a separate entry.

5.3. In the case of delivery, the invoice for the order will be sent electronically to the e-mail address provided during registration. If you do not have a registered e-mail address, the invoice for the order will be attached to the delivery.

In case any of the commercial conditions pertaining to a good or product (i.e. price) shows a disproportional difference to the previously applied commercial conditions without the announcement of the changes in that commercial condition, Nespresso is entitled to refuse performance on the grounds of gross disparity of values exchanged or the lack of contractual will.

6.     Payment

6.1. With the exception of online payments using a Nespresso Gift Card or a bank card, and purchases made in Nespresso boutiques, the Customer shall pay the delivered goods in cash (or with a selected bank card, if this service is available) upon delivery of the products.

6.2. In case of purchases made in Nespresso Boutiques, payment can be made in cash, or using a Nespresso Gift Card, or any bank card accepted in Hungary (except Diners Club and JCB cards). In case of a cash payment in a Nespresso boutique, customers should check the change received on the spot, as we are unable to accept subsequent complaints.

6.3. In case of online orders, customers can pay using a bank card. In case of payment by bank card, this shall be affected via a VPOS terminal used by Nespresso. Section 7 contains the detailed terms and conditions for using online bank card payment services (VPOS services).

6.4. In case of automatic reorder, payment can be made in advance using a bank card, or cash on delivery.

6.5. All products shall remain the property of Nespresso until the invoice is paid in full.

7.     Conditions for Use of the VPOS Service

7.1. The VPOS service is available to customers inside and outside Hungary.

7.2. Bank cards accepted: VISA and MASTERCARD

7.3. In the course of payment by bank card, the price of the products ordered is to be debited to the card holder’s account in HUF.

7.4. In case of payment using the VPOS system, the customer’s bank card shall only be debited with the price after online confirmation of the purchase.

7.5. Upon using the VPOS service, the price of the products ordered is paid electronically, by means of a bank card, after confirmation of the order.

7.6. Nespresso shall bear no liability for any damages arising from incorrect data, or incorrectly filled out orders submitted by customers.

7.7. Any problems detected by customers regarding the VPOS service should be reported using the 06 80 2582 80 toll free phone number or the hungary@Nespresso.com e-mail address. Nespresso shall review all reports and complaints within 3 workdays, and customers shall be informed of findings using the channel used for reporting the complaints. Nespresso keeps a record of reported problems and complaints. Nespresso shall immediately take steps to remedy any problems reported by customers, which are subject to its liability and are found to be substantive.

7.8. Payments by bank card shall take place via the Adyen N.V. and EVO Payments International server. The server operator shall take all necessary technical measures to ensure that customers’ banking data remain secure and inaccessible to unauthorized parties.

8.     Recycling of Used Capsules

Nespresso capsules are made of aluminium which can be recycled infinitely. Nespresso has established a system of its own for collecting and recycling used capsules. Customers may return their used capsules to any Nespresso Boutique, or order used capsule pick-up by courier when submitting an order online, or by telephone for delivery to home address. During the recycling of returned capsules, aluminium and grounds are separated, with grounds being composted, and aluminium going to production facilities.

Customers shall ensure that only original Nespresso capsules or other capsules made of aluminium are contained in the collection bag.

By using this service, Customers shall undertake to refrain from any claims against Nespresso in connection with the handing over of used capsules.

Customers shall be able to return used capsules as follows:

8.1. Returning Used Capsules to Nespresso Boutiques:

This service is free of charge and not linked to any purchase.
Capsules to be returned should be placed in sealed collection bags in the containers located in the Boutiques.

Customers may return used capsules at any time during business hours of the Boutiques, but the number of capsules returned per day may not exceed 500.

8.2. Home Delivery with Pick-Up of Used Capsules

In case of home delivery, Customers are entitled to return used capsules subject to the conditions below.

This service is available free of charge, but subject to ordering new products with used capsule pick-up. This service is available in case of standard delivery between 8.00-18.00. and in case of morning (7.00-9.00) and afternoon (17.00-20.00) delivery services.

In case of ordering online from the webshop, the "Used Capsule Return option" should be clicked and the time of delivery should be selected.

In case of ordering by telephone, used capsule pick-up should be ordered verbally upon submitting the order for products.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

8.3. Disposal of used capsules at collection points
In the event of delivery to a pick-up point, the Buyer is entitled to deliver used Nespresso capsules under the following conditions.

Use of the service is free of charge, but is subject to ordering a product. For orders of the webshop or by phone, we will automatically attach the label required for return.
Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

9. Privacy

9.1.1 Nespresso collects, processes, or forwards Customers’ personal data to any third parties in possession of their prior written consent or by legitimate interest, and in some cases (eg. billing) in compliance with legal regulations. By finalizing registration, Customers accepts Nespresso's Privacy Policy, that their submitted data will be handled by Nespresso and disclosed to persons participating in the execution of orders, and for compliance with its sales Conditions and applicable legal provisions.

For further details on data processing, please consult the Nespresso Privacy Policy available at www.Nespresso.com under "Legal Notice" (https://www.Nespresso.com/hu/en/jogi-feltetelek).

9.1.2 Only persons over the age of 18 may register for the online shop.

9.1.3 Nestlé calls on Buyers to provide their registered data accurately and to cooperate in keeping it up to date. Nestlé shall not be liable for any claims from Buyers or third parties arising from incorrectly or inaccurately provided data or data that is no longer up-to-date (e.g. in the event of a change of delivery address).

9.1.4 The name and contact details of the Hosting Provider:

GLOBAL HEADQUARTERS
Nestlé S.A.
Avenue Nestlé 55,
1800 Vevey, Switzerland

9.2. Operation of Surveillance Camera System

Nespresso operates surveillance cameras in the following Boutiques to protect human life, physical security and property; to recognize, disclose, investigate, prevent or abort such possible unlawful acts. The camera regulations for the individual Boutiques are available in the given boutiques and under the "Data Protection" point on the www.Nespresso.com website.
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház utca 2-6. (Mammut Mall)
- Nespresso Mini Boutique at 1123 Budapest, Alkotás utca 53. (Mom Park)
- Nespresso Mini Boutique at 1062 Budapest, Váci út 1-3. (Westend Mall)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
9.3. Data Processing

Nespresso may disclose and forward data to the following data processors for data processing and marketing activities:
- Wavemaker Hungary Kft. - 1123 Budapest, Alkotás u. 53.
- Gebrüder Weiss Szállítmányozási és Logisztikai Kft. - 2310 Szigetszentmiklós, Leshegy Ipari park 12276/9; Leshegyi út, Prologis épület 9.
- DHL Express Hungary Kft. 1097 Budapest, Fehérakác u. 3.
- Express One Kft. 1239 Budapest, Európa u. 12.
- Sprinter Futárszolgálat kft. 1097 Budapest, Táblás utca 39.
- Magyar Posta Zrt. 1138 Budapest, Dunavirág u. 2-6.
- Kantar Hoffmann Kft: 1052, Budapest, Vitkovics Mihály utca 9.
- TNS Sofres, Paris: 3. Avenue Pierre Masse, FR-75014, Paris, France
- IPSOS France SAS: 35. Rue du Val de Marne, FR-75628 Paris CEDEX 13, France
- Nestlé Operational Services Worldwide S.A.: Route de Buyére 4 CH-1030 Bussigny-Prés Lausanne, Switzerland
- Salecycle Limited: DH4 5RA Houghton le Spring, Chase House, Rainton Bridge Business Park, United Kingdom
Photel Support Services , 1134 Budapest, Róbert Károly krt. 70-74. may use the data for customer service activities.

9.4. Rights of data subjects

9.4.1. The Customer is entitled to request information about his data managed by the data processo at any time, as well as to request the correction, deletion of his data or to withdraw his approval in compliance with section 9.1 at any time without charge or limitation, at Nespresso Boutiques or by calling 06 80 2582 80 or via e-mail to hungary@Nespresso.com.

9.4.2. In the event that the Customer's personal data management rights are in any way infringed, the latter may seek the following remedies
9.4.3. Nespresso shall use the financial and branch data acquired in the course of online payment and ordering process exclusively for executing the transaction approved by the card holder Customer. Nespresso shall assume no liability for any damages arising from unauthorized use of customers’ passwords by third parties. Payment by bank card shall be affected via the Adyen N.V. and EVO Payments International server, without Nespresso seeing or storing the banking data required for completing the transaction, and shall assume no liability for any unauthorized use of such data.

9.5. Cookies

We use cookies upon your visits to the www.Nespresso.com website and our webshop. These files provide us information on the user's website visiting habits, but do not store personal information. Our Cookie Policy is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

By visiting the www.Nespresso.com website or the webshop, our visitors consent to the monitoring of their user habits and that we display customized advertisements with the aid of programs and tools defined in the Cookie Policy. Our policy for remarketing activities is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

10. Information on Liability for Defects, Product Liability, and Warranty:

Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and Government Decree No 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. ), Nespresso informs its Customers, as consumers, of the warranty of accessories, product warranty, guarantee and right of withdrawal applicable to coffee machines, frothers and other accessories and digital goods.

10.1. Liability for Defects

In what cases can claims under liability for defects by filed by customers?

In case of non-contractual performance by Nestlé Hungária Kft. Nespresso division, Customers may file a claim under liability for defects against the company, as defined in the Civil Code.

What rights do customers have under liability for defects?

Depending on their choice, Customers may exercise the following rights under liability for defects:

They may request the product to be replaced, or repaired, except when such a request is physically impossible, or would cause disproportionately high additional costs compared to other options. In case replacement or repair is not requested, or cannot be requested, customers may request the counter value to be adjusted proportionately, or they may undertake to correct, or have the defect corrected at the cost of the seller, or may – as a last resort – cancel the sales contract.

Customers may change their minds regarding the right to be exercised in connection with liability for defects, but all costs of such a change shall be borne by the Customer, except when such a change is justified, or is the result of an action by the seller.

What is the deadline for claims under liability for defects to be filed by Customers?

Customers shall immediately report any defects detected, but in no case later than within two months. At the same time, it should be stressed that no claims under liability for defects can be filed after more than two years from performance of the contract.

Who should claims under liability for defects be addressed to?

The Customer may file claim compensation for defects from Nestlé Hungária Kft. Nespresso division.

What other preconditions exist for claims under liability for defects to be filed?

Within six months of performance of the sales contract, there is no other precondition of filing a claim under liability for defects apart from reporting the defect, if customers can document that the product has been delivered by Nestlé Hungária Kft. Nespresso division. However, after six months from performance of the sales contract, customers shall be required to prove that the defect detected already existed at the time of performance.

10.2. Product liability

In what cases can claims under product liability be filed by customers?

In case of a faulty product, customers may exercise their rights defined above, or file a claim under product liability, as they choose, directly to the manufacturer for products with no warranty, if 2 years have not yet lapsed from the products' date of sale.

What rights do customers have under product liability?

Customers may only request repair, or replacement of the non-contractual product under product liability.

In what cases can a product be regarded defective?

Products are defective, if they do not comply with the quality standards applicable at the time of sale, or with the features in the description provided by the manufacturer.

What is the deadline for claims under product liability to be filed by customers?

Claims under product liability can be filed within two years of the product being sold by the manufacturer. After this deadline, no such claims can be filed.

Who should claims under product liability be addressed to and what other preconditions of filing such a claim exist?

Claims under product liability can only be addressed to the manufacturer, or distributor of the product.
In case of a claim under product liability, customers shall be required to prove that the product has been non-contractual.

10.3. Warranty

The provisions defined in the warranty booklet attached to the Nespresso machine by the manufacturer, or distributor shall be applicable, with the warranty provided by the manufacturer, or distributor defined therein.

In what cases can customers exercise their warranty rights?

In case of non-contractual performance, Nestlé Hungária Kft. Nespresso division has a warranty obligation for Nespresso milk frothers according to Government decree no. 151/2003 (IX.22.) and Government decree no. 270/2020 (Vi. 12) about mandatory warranty for durable consumer goods. For coffee machines, warranty obligations shall be performed by the manufacturer or distributor defined in the warranty booklet.

What rights do customers have under warranty, and what deadlines are applicable?

Consumers’ rights under warranty (consumers may exercise the following rights according to their choice, in case of a defect subject to warranty):

to have the product repaired, or replaced (except, when this is impossible, or would result in disproportionately high extra costs compared to a reduction or reimbursement of the price),

a proportionate reduction in the price, repair of the defect at the expense of the seller, cancellation of the contract of sale, with the exception of insignificant defects (reimbursement of the price).

In the course of repair, only new parts may be used in the product subject to repair.

Customers are only entitled to a price reduction, a repair at the expense of the seller, or reimbursement of the price, if the seller declined to have the product repaired, replaced, or is unable to do so with regard to the properties and the Customer’s expected function of the product within a reasonable deadline, or the consumer no longer has an interest in having the product repaired, or replaced.

Place and deadline for exercising customers’ rights under warranty:

Customers may exercise their rights under warranty within 24 months of delivery of the product. The time used for repair when customers are unable to use the product for its intended function shall not be included in this 24 month period.

In case customers wish to have the product replaced within three working days of the purchase, owing to a defect, the seller shall replace the product, if the defect prevents the Customer from using it according to its intended purpose. If Nespresso offers a price reduction or refund instead of replacing the product, it shall do so in the form of a bank transfer within 14 days from receiving the Customer's notification.

Sellers shall have the repair or replacement completed within a suitable deadline. Sellers shall be exempted from this deadline, if they prove that they have done everything in their power under the given circumstances to have the repair or replacement completed within a suitable deadline.

Customers’ rights under warranty may be exercised with the seller, or its right for repair may be exercised directly with the repair service defined in the warranty booklet.

Further details are available in the warranty booklet.

When are sellers relieved of their warranty obligations?

Sellers are only exempted from their warranty obligations, if they prove that the cause of the defect appeared subsequently to performance of the contract of sale.

It should be stressed that simultaneous claims under liability for defects and product liability cannot be filed at the same time for the same defect. Nevertheless, customers are entitled to their rights arising from warranty, irrespective of the rights defined within the scope of liability for defects and product liability.

10.4. Right to Cancel the Contract of Sale

   10.4.1. Under the present Conditions of Sale, the natural person (not a corporate buyer) may cancel the contract of sale for coffee machines, Nespresso milk frothers, unopened boxes of coffee capsules and unopened boxes of cookies, chocolate, candy and other Nespresso accessories without justification, within 14 days in case of orders submitted on the www.Nespresso.com website, our mobile applications, by phone or via an iPad in our partner shops. The right to cancel the contract of sale does not apply to purchases made in Nespresso Boutiques or bought by not natural person.

   10.4.2. The deadline for the right to cancel the contract of sale lapses after 14 days from the date the Customer or the person acting in his name takes delivery of the product.

   10.4.3. In case customers wish to exercise their right to cancel the contract of sale, they shall be required to deliver a clear declaration of their intent thereto ( for example by mail, telefax, or E-mail) to the following address:

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso division:
    E-mail: hungary@Nespresso.com
    By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
    By fax: send it to 06 80 2580 80 free of charge

They may also use the sample form “cancellation of contract of sale” attached as annex no. 1 for this purpose.

   10.4.4. The right to cancel the contract of sale will be exercised in time, provided the declaration thereof is sent before the deadline defined above.

   10.4.5. The Customer is also entitled to exercise his right of cancellation between the date of concluding the contract and the date of product delivery.

   10.4.6. The Customer shall be obliged to prove that he exercised his right of cancellation or termination in compliance with legal regulations.

10.5. Legal Effects of Cancellation

   10.5.1. In case Customers cancel this contract of sale, all forms of payment affected by them shall be returned immediately, but under no circumstances later than within 14 days of receiving their declaration thereof, including delivery costs (except for extra costs resulting from customer choosing another form of delivery different from the cheapest offered by us, such as the postal charges of returning a product). For the reimbursement of payments, we will use the same method of payment as used for the original payment, except if customers explicitly approve another method of payment, which will result in no extra cost for them. Cases where payment is made to the courier upon delivery of the package shall be exempted from the above. In such cases, refunds shall be paid via bank transfer.

   10.5.2. We hereby inform Customers, that we are entitled to delay reimbursements until the product subject to reimbursement is returned to us.

   10.5.3. Returning Products

Customers shall return the product to us without unreasonable delay, within 14 days of communicating their intent thereto at the latest. This deadline shall be met, if the product is sent to us before expiry of the 14 day deadline.

Upon returning products, please seal the package securely and please indicate the original order number to enable clear identification.

Return Address:

Gebrüder Weiss Hungary Kft. Nespresso raktár

Prologis épület 9.

Leshegy Ipari Park

Leshegyi út hrsz. 12276/9

Szigetszentmiklós

2310

Personal returning address:

Nespresso Boutique Árkád

1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Bevásárlóközpont)

   10.5.4. The direct costs of returning a product shall be borne by the Customer. The Customer shall be responsible for ensuring that the product is returned intact. Nespresso shall not be held liable for damages suffered during the return transport.

   10.5.5. In case of cancellation, the Customer shall be liable for impairment caused by use exceeding attempts to establish the nature, features and operation of the product.

10.6. Returning Products - only in case of products purchased in Nespresso Boutiques

Returning products to the Boutiques is possible under the following conditions (except for warranty, product liability and liability for defects):
- The scope of products: all machines and accessories; this option is not open to food products (coffee, cookies, chocolate, candy).
- The product can only be returned within 1 month of the date of purchase, after showing the original purchase invoice.
- Products can only be returned to the place of purchase, the same Boutique where they were originally purchased.
- Upon returning a product, we can offer in store credit for the value indicated on the original invoice, however we are unable to refund the purchase price. If upon product replacement the Customer chooses a product with a higher effective price than the previously purchased item - even if the product is the same - the price difference is to be paid by the Customer.
- if the product packaging is intact and complete
- if the product had not been used
The Boutique staff shall check and decide whether these conditions are met.

For food safety reasons, we are not able to accept the return of food products (coffee, cookies, candy, chocolate) - outside the scope of liability for defects or product liability - even if the product and the packaging are intact and complete.

VAT inclusive invoices may only be modified on the date of such request and with the actual modification date indicated, at the place of original purchase. The original invoice must be handed over for an invoice modification.

11. Miscellaneous Provisions

11.1. Nespresso hereby informs its Customers that the company follows the Hungarian Code of Advertising Ethics. The Code is available at the following link: http://www.ort.hu/hu/kodex/elszo .

11.2. We recommend the use of these browsers for the www.Nespresso.com/hu/en website operated by Nespresso: Google Chrome (newest version) Mozilla Firefox (version 3, or higher) Apple Safari (version 3 or higher) or Internet Explorer (version 8 or higher).

We recommend use of any Mozilla Firefox or Google Chrome version, or the default browser of Android phones and Safari for the site optimized for mobile phones.

11.3. Nespresso uses state-of-the-art technology and protection to keep user data safe.

12. Applicable Law

Hungarian law shall be applicable with regard to the provisions contained herein. Provisions of the Civil Code and other legal provisions in effect shall be applicable to the issues not subject to these Sales Conditions. The parties agree that in case of any legal disputes arising from this legal relationship – when the competence of Budapest Környéki Törvényszék or Fővárosi Törvényszék cannot be determined, they accept the competence of Budai Központi Kerületi Bíróság or Székesfehérvári Törvényszék, depending on value.

13. Nespresso & YOU membership program

These terms and conditions of membership shall be applicable to the Nespresso & YOU Membership program.

These terms and conditions of membership constitute part of the terms and conditions of sales applied by Nestlé Hungária Kft. Nespresso division. Regarding issues not regulated by these terms and conditions of membership, the terms and conditions of sale shall be observed and applied with the deviations defined in the terms and conditions of membership.

According to the Nespresso & YOU membership program, only the individuals and legal entities acting as customers shall become members, who complete their purchases from Nespresso outside the scope of their profession, occupation or business activities, and are eligible for membership under these terms and conditions of membership. Persons under the age of 18 shall not be eligible for membership.

13.1. What is the Nespresso & YOU Membership Program?

Nespresso (referred to as: „us” in this text) operates a customer loyalty program under the name Nespresso & YOU Membership Program.

All our registered members, or those registering after the date defined under this point, who meet the conditions defined herein, shall become members of the Nespresso & YOU.

Three levels of membership exist under this program. Each level is dependent on the duration of membership and the quantity of capsules purchased. Purchases of capsules shall be completed via the www.Nespresso.com web site, or using mobile apps, or by telephone, or in one of the Nespresso Boutiques, with the customer identifying himself/herself according to the applicable conditions. The different levels of membership are described in detail under point 13.3.

These conditions of membership shall be applicable from 22 February, 2022. until being revoked.

13.2. How can you participate in the Nespresso & YOU Membership Program?

Your membership in the Nespresso & YOU Membership Program shall commence with the first purchase of coffee capsules through one of the Nespresso channels as an identified member. In case of membership existing prior to the effectiveness of the Nespresso & YOU Membership Program defined under point 1., membership shall be valid from the date of the first coffee capsule purchase registered with Nespresso. Customers who do not meet these membership conditions shall not be able to participate in the loyalty program in spite of registering.

In case you meet the conditions of participation in the loyalty program, your membership shall commence with your successful registration in a Nespresso Boutique, or with the Nespresso call centre, or at the www.Nespresso.com web site, or using a mobile app. and your first invoiced purchase of coffee capsules. In case of successful registration, you’ll receive a membership number from us. If you are already a member, the date of your first coffee purchase from Nespresso shall be deemed the first day of your membership.

In case you had already been a Nespresso member prior to the effectiveness of these conditions of membership defined under point 13.1., the precondition of your participation in the Nespresso & YOU Membership Program is that you made at least one invoiced purchase of coffee capsules from Nespresso in the 12 months prior to the commencement of the program. (with the exception of customers subject to the Grace period offer defined under point 13.5.).

Please, keep your membership number and password confidential. Only one individual, or legal entity shall hold a specific membership number.

Nespresso shall not bear any liability whatsoever for any damages, or loss of data resulting from you sharing your membership number and password, or their use by unauthorized persons.

Your personal data shall be used in accordance with the provisions of the Nespresso Data Privacy Policy.

By accepting these conditions of membership, and providing your personal data, you shall accept the contents of the Data Privacy Policy. The Data Privacy Policy can be found here: https://www.Nespresso.com/hu/hu/adatvedelem.

13.3. Levels of the Nespresso & YOU Membership Program

Three levels of membership exist in the Nespresso & YOU Program. Each level shall be calculated by combining the duration of membership and the quantity of capsules purchased. Capsule purchases are calculated per the 12 month periods between anniversaries, the so called membership year.

Anniversaries shall be interpreted as the month (not day) when the first purchase of Nespresso coffee was made.

The duration of membership shall be interpreted as the number of complete years when at least one invoiced purchase was made, elapsing since the first coffee purchase.

Levels of membership in the Nespresso & YOU program:
- Connoisseur: Customers who purchased less than 720 capsules in the 12 months between the last two anniversaries, and their first invoiced purchase of coffee capsules was made 0-4 years ago.
For example, our member will be a Connoisseur, if his/her first purchase of coffee capsules was made 2 years ago in August, and since then 600 capsules have been purchased annually between 01. August and 31. July of the next year.
- Expert: Customers who purchased between 720 – 1080 capsules in the 12 months between the last two anniversaries and/or heir first invoiced purchase of Nespresso capsules was made 5-9 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Expert, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 900 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made 8 years ago in August, and since then a total of 300 capsules have been purchased annually between 01. August and 31. July of the next year.
- Ambassador: Customers who purchased over 1080 capsules in the 12 months between the last two anniversaries and/or their first invoiced purchase of Nespresso capsules was made longer than 10 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Ambassador, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 1 200 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made11 years ago in August, and since then a total of 200 capsules have been purchased annually between 01. August and 31. July of the next year.

You can access the length of your membership and the quantity of capsules purchased by calling the Nespresso Boutiques, on the www.Nespresso.com web site, or under My account in the menu, after signing in using our mobile apps.

In case you make no invoiced capsule purchases for a period of 12 months, your participation in the Nespresso & YOU program shall be terminated - although your membership number will remain valid – and you will not be able to take advantage of the benefits of the loyalty program in the future. Participation in the Nespresso & YOU program can recommence with a new coffee purchase. In this case, the quantity of coffee capsules purchased will determine the new level of membership, with the new 12 month period (membership year) beginning with the month of the new purchase and the length of your membership will also be calculated from this month - (with the exception of customers subject to the Grace period offer defined under point 13.5.).

In terms of determining membership levels and participation in the loyalty program, only quantities of coffee capsules bought during purchases containing coffee capsules shall be taken into account as follows:
- Coffee capsules purchased shall be interpreted as coffee capsules invoiced and delivered according to a valid order
- Orders revoked/returned for any reason whatsoever shall be deducted
Tasting sets received upon the purchases of coffee machines shall not be regarded as purchases of coffee capsules. No free product samples, promotional gifts, or capsules received as compensation from Nespresso shall be regarded as purchases. The date of purchase shall be the day of delivery in all cases.

13.4. Benefits of membership

According to the loyalty program, benefits and discounts based on membership level come with Nespresso & YOU membership.

Membership levels:
- Connoisseur: Free delivery, Coffee machine maintenance program, Masterclass
- Expert: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother
- Ambassador: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother, Coffee machine replacement program, Priority purchase from our exclusive coffees, VIP events
Free delivery: If you purchase coffee capsules via the www.Nespresso.com web site, mobile apps, or by telephone and all orders over HUF 5 000 shall be delivered free of charge. This offer shall apply to normal deliveries.

Coffee machine maintenance program: In order to produce a perfect coffee experience, your coffee machine should undergo regular maintenance. By removing scale regularly, the lifecycle of your coffee machine can be extended substantially. After the 500th capsule purchased in a given year of club membership, you will receive a free descaling kit (1 x 100 ml). Each club member is entitled to max. 1 free descaling kit in a membership year. On each anniversary of club membership, the number of capsules purchased is reset and the counting of capsules restarts.

We’ll provide a replacement coffee machine for our members for the duration of servicing during the complete two year warranty period and in the period following the expiry of the warranty period, if their coffee machines are registered with us. For our Ambassador and Expert members, replacement machines are available including delivery free of charge during the complete two year warranty period. For our Connoisseur members, a replacement machine shall be available for HUF 990, with delivery free of charge.

Following the expiry of the warranty period, our Ambassador and Expert members will continue to receive replacement coffee machines free of charge. For our Connoisseur members, replacement coffee machines will be available for a charge of HUF 990, if they require one. A uniform fee of HUF 3.250 will be charged for delivery each way following the expiry of the warranty period on all membership levels.

Masterclass: Attend our exclusive coffee tasting events, and discover the world of coffee with the help of our experts. The dates of coffee tasting events can be found at the www.Nespresso.com web site. Attending the events is free of charge, but subject to registering in advance. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any Masterclass event, regardless of their membership status.

Extra 15% discount for accessories, sweets: Have you been longing for a Nespresso cup for a long time? Would you like to taste our sweets? For a total of six purchases annually, we’ll grant you an extra 15% discount from the price of our accessories and sweets.

The discount shall be applicable to purchases of the following products: Nespresso cups, glasses, spoons, capsule dispensers, Travel mug, used capsule cage, coffee machine parts and sweets. Maximum 5 Nespresso accessories, or sweets can be purchased at the discounted price upon a single order/purchase with one membership registration in one membership year, or the discount can be used for maximum 6 purchases in a membership year. The 15% price discount cannot be applied simultaneously with other promotional offers for accessories. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.The discount does not apply to milk frothers and descaling kits.

20% discount for Aeroccino4 milk frother: Latte macchiato, or cappuccino? Buy an Aeroccino4 milk frother at 20% discount. The discount cannot be converted to other products, or cash. The discount shall apply to one Aeroccino4 milk frother, in a specific membership year, with one registration, upon a single purchase. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers for milk frothers sold by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

Coffee machine replacement program: Would you like to replace your old Nespresso coffee machine? Buy at least 500 Nespresso coffee capsules in a single order and choose a Nespresso Original Line Citiz or any higher priced machine from the Original Line at a 50% discount. Or, buy at least 200 Nespresso coffee capsules in a single order and choose a Nespresso Vertuo Next or any higher priced machine from the Vertuo Line at a 50% discount.

The offer only applies to Original Line Citiz and Nespresso Vertuo Next or higher priced coffee machines when purchased together with 500 or 200 capsules.

Maximum one Nespresso coffee machine can be purchased in one membership year, with one registration, with the conditions of the above offer. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Ambassador members.

Priority purchase of our new products: Be the first to buy our new products. Pre-purchase is valid for at least one week after the launch of the product. Pre-purchase is only available to Ambassador Club members.

VIP events: Attend our exclusive events to learn more about the world of coffee, gastronomy and art. You can find out about current events by email and on our website. Attending our events is subject to registration and might be subject to a fee in some cases. Only our Ambassador members may register. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any VIP event, regardless of their membership status.

13.5. Termination of Membership

You are entitled to terminate your membership anytime, in a notice sent by mail, or e-mail (hungary@Nespresso.com) or by telephone call to our freephone number: 06 80 2582 80.

We are entitled to terminate your membership by written notice, in case you violate any of the above provisions, or abuse the benefits offered by our program.

Upon three months’ notice, we shall be entitled to amend or terminate this program anytime. We shall be entitled to amend or terminate this program anytime without three months’ notice, if that is required by a legal provision of the applicable law.

Annex No. 1 - Sample Declaration of Cancellation of Sale

Please, only fill out and return it to us if you wish to cancel/terminate the contract of sale.

To: Nespresso

Email: hungary@Nespresso.com
Telephone: 06 80 CLUB 80 number (06 80 2582 80)

I/We, the undersigned hereby declare that we exercise our right of cancellation with regard to the contract of sale concerning the following product/s:
Date of the contract/delivery:
Customers’ name:
Customers’ address:
Customers’ signature: (on printed declaration only)
Date:

Annex No. 1 - ENGRAVING SERVICE

Where can I use it?
Only at the Nespresso Boutique located at Allee Shopping Centre, 8-10 Október Huszonharmadika utca, 1117 Budapest, 1117 Budapest. Engraving can only be done by a colleague working in the Boutique.
The service will be carried out within 48 hours.

Which products can I have engraved?
The following products are currently available in stock:
1. Travel Mug (available in stock in all colours, any size)
2. Touch Travel Mug (all available in all colours)
3 Pixie cups (available in stock in all colours, any size)
Exclusively available at the Nespresso Boutique in Allee Shopping Centre directly after purchase or after pick-up at the BTQ pickup dropped off at the location.

What text can be engraved on the products?
Only the texts, fonts and placement indicated in the help file available in the Boutique can be implemented.

We cannot be held responsible for any complaints arising from engraving and we cannot replace the product.
The customer must inspect the product before engraving and report any visible defects (e.g. scratches, cracks, breaks) to the coffee specialist before engraving begins. If the product is defective, engraving cannot be carried out.

Furthermore, Nespresso reserves the right to refuse the engraving requested at any time without giving any reason.

Our Coffee Specialists are at your disposal to answer any questions you may have.

Last modified: 02.12.2022
The Sales Conditions defined herein shall be applicable to all orders submitted to the Nespresso division of Nestlé Hungária Kft. online, by telephone, by email or personally at a Nespresso boutique. The conditions defined herein shall constitute part of all other agreements. By submitting an order, customers (hereinafter: Customers) shall acknowledge that they have read, understood and unconditionally accepted the Sales Conditions contained herein.

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso Division of Nestlé Hungária Kft.:

Nespresso mailing address for business purposes: 1123 Budapest, Alkotás utca 53. MOM park "A" Irodaépület, 3. emelet
Telephone, customer services: 06 80 2582 80 (0680 CLUB 80)
E-mail: hungary@Nespresso.com

Nestlé Hungária Kft. mailing address and company seat: 1095 Budapest, Lechner Ödön fasor 7.;

Corporate Reg. No.: Fővárosi Törvényszék Cégbírósága:   01-09-267926

Tax ID No.: 10571086-2-44

(hereinafter referred to as: „Nespresso”)

1.    General Provisions

1.1. The following provisions shall only be applicable to orders submitted to the Nespresso division of Nestlé Hungária Kft. (hereinafter: „ Nespresso”).
1.2. Nespresso reserves the right to unilaterally amend or change these provisions at any time.

2.    Orders and In Store Shopping

2.1. Orders may be submitted as follows:

    2.1.1. Using delivery service – via Nespresso
- Website: please, visit the www.Nespresso.com website, browse our offers, then order the selected product(s)
- Mobile applications: please, download our mobile app to you iOS or Android smartphone
- By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
2.1.2. POS purchase in Nespresso Boutiques:
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház u. 2-6. (Mammut Shopping and Recreational Center)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- 1123 Budapest, Alkotás utca 53. at 1123 Budapest, Alkotás u. 53. (MOM Park)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
- Nespresso Mini Boutique at 1062, Budapest, Váci út 3. (Westend)
- Nespresso Mini Boutique at 1115 Budapest, Etele út 68. (Etele Plaza)
Please visit the following website for Nespresso Boutique opening hours: https://www.Nespresso.com/hu/en/uzletkereso

2.2 We would like to inform you that purchases / orders made on the www.Nespresso.com website, via mobile applications, by telephone or in our Boutiques are subject to maximum daily and monthly order quantity limits, the terms of which are determined by Nespresso at its sole discretion.

2.3. Automatic Reorder Services:

Our automatic reorder service allows Customers to place orders automatically according to their defined frequency and quantity, with automatic invoicing until authorization of automatic reorder is cancelled by Customers.

Automatic reorder is available upon ordering through the website or by telephone.

The settings of Automatic reorder, particularly frequency of delivery and quantity may be altered by the customer at any time free of charge.

Should any product be unavailable for delivery owing to a shortage of stock, or any other reason, products not subject to such limitation shall be delivered on schedule as confirmed, except if the Customer chooses to exercise the right of cancellation in regard of the complete order. In case delivery is accepted by the Customer with the limitations indicated above, only the price and delivery charge payable for the products actually delivered shall be invoiced.

The service is only available for online bank card payments and cash on delivery.

2.4. Nespresso hereby informs its Customers that upon submitting orders by Customer, a contract of sale is entered into by Customers and Nespresso for a definite term, which shall remain in effect until the conditions defined therein are fulfilled completely. Nespresso hereby informs its Customers that such contracts entered into for a definite term shall under no conditions be transformed into contracts for an indefinite term.

2.5. Pursuant to the contract of sale entered into by Customers and Nespresso, Customers shall be obliged to take delivery of and pay for the products ordered, after such orders have been submitted Customers shall fulfil their obligations under the contract by such acceptance of delivery and payment. Accordingly, the shortest term for performance of Customer’s obligations is the date when such obligations are fulfilled.

2.6. Nespresso is entitled to refuse orders in case previous invoices have not been settled by the customer, or in case payment of the invoices within the due date cannot be guaranteed according to Nespresso.

2.7. The prices listed on the website always include VAT, which shall remain in effect until termination, or change. The product photos and inventory data on the website is for information only, and may not be identical to current inventory. Nespresso retains the right to unilaterally change its prices at any given time. With the exception of automatic reorder services, the prices effective on the date of submitting the order shall prevail. In case of automatic reorder services, the prices effective on the date of taking delivery of the products shall prevail.

2.8. Confirmation of Orders:
- In case of orders submitted online: automatic confirmation will be sent by Nespresso
- In case of orders submitted by telephone: immediate confirmation during the conversation
- In case of automatic reorder, conformation will be sent by e-mail 4 days prior to delivery with the precise time of delivery, the contents of the basket, the price and delivery fee payable, and notice of any items that cannot be delivered owing to a shortage of stock, or any reason whatsoever.
2.9. Special Conditions of Purchase for Online Orders Via the Website

    2.9.1. In the course of registering on our website, Customers shall be required to provide valid, complete and truthful data in the fields to be filled out on a mandatory basis. In case of any changes in your address, or other personal data, please inform Nespresso immediately, by modifying your data on the personal data page, or by contacting Nespresso using the 06-80-25-82-80 phone number.
When using the online bank card acceptance service provided by Nespresso, you might be required to fill out another online registration form before commencing payment. In order to avoid any potential problems related to payment, please check the accuracy of your personal data. Nespresso shall assume no liability whatsoever for any incorrect performance resulting from incorrect data submitted.

    2.9.2. You shall be required to create a password when registering on our website. This password should be treated strictly confidentially and must not be shared with, or communicated to anyone else. You shall bear full liability for using your password, and the orders submitted with your password, even if it is used without your knowledge. In case you are aware, or have any suspicion of any unauthorized person gaining knowledge of your password, or of using it, you must inform Nespresso immediately by calling 06-80-25-82-80.

    2.9.3. By selecting and ordering a product on the www.Nespresso.com website (hereinafter: website), or using our mobile app, a contract of sale is entered into by Customers and Nespresso, after clicking on Hungary, to which the provisions of orders, confirmation, the present Sales Conditions, the Conditions for Use of the www.Nespresso.com website and the Nespresso Privacy Policy shall all be applicable.

    2.9.4. Technical steps of concluding the contract after registration: Customer places the selected product in the basket, submits delivery data then selects a payment option. After reviewing order data, the order is submitted by the Customer by accepting the Sales Conditions and clicking on the Buy button.

    2.9.5. Orders submitted online via the website can only be accepted and fulfilled by Nespresso if all fields on the registration and purchase pages are completey filled out by the Customer. Nespresso shall assume no liability whatsoever for any damages resulting from failure to do so, or for technical problems occurring during the process.

    2.9.6. All delivery, or other costs resulting from incorrect, or insufficient address data, or other information submitted shall be borne by Customers.

    2.9.7. By submitting an order, Customers accept the conditions of the contract of sale, and those of the Sales Conditions.

    2.9.8. The contract of sale concluded by the parties shall be regarded as a written contract, which shall be recorded and stored by Nespresso in order to fulfill its contents and Nespresso’s tax obligations defined by legislation. The contract of sale entered into by the parties shall be accessible in a form that allows Customers to view their preceding orders in their account and receive confirmation of the order and the invoice.

    2.9.9. Nespresso shall ensure that any mistakes made in entering data during the ordering process can be identified and corrected by Customers, by means of the „confirm order” panel.

    2.9.10. If in spite of due diligence displayed by Nespresso, an incorrect price, date, or offer in contradiction with the conditions of the promotion appears on the website – in particular a price of HUF "0" or "1" resulting from a system error, or any price that is significantly different from the generally known, or estimated price of the product, including a noticeably disproportionate price, Nespresso shall not be obliged to deliver the product at the incorrect price, but shall be entitled to offer delivery at the correct price, upon which client shall have the option to cancel the order. Clients shall be entitled to exercise this right without explanation.

The same applies to offers displayed incorrectly on the website by means of tools stored in the cache memory of the Nespresso mobile app, or of the browser (banners, messages) after the expiry of the official promotional conditions.

3.    Delivery

3.1. Nespresso shall only deliver orders submitted online, by email, or by telephone to addresses located within national borders.

3.2. Delivery of the products ordered shall be subject to a delivery fee payable by Customer with the exception of special cases defined herein, or in conditions applicable to promotional campaigns. Delivery fees applicable to specific orders shall be defined during ordering.

3.3. In case of Home Delivery, and Delivery to a Pick-Up Point the packages are delivered from Nespresso's central warehouse.
Nespresso warehouse: Gebrüder Weiss Szállítmányozási és Logisztikai Kft., 2310 - Szigetszentmiklós Leshegy út 12276/9

Current Nespresso delivery prices are available here:

https://www.Nespresso.com/hu/en/szolgaltatasok#/delivery/next-day-delivery

https://www.Nespresso.com/hu/en/szolgaltatasok#/customer-care/assistance-24-7

3.4. Home Delivery:

In case of home delivery the Customer shall have the option to select the date (depending on the place of delivery) of the delivery.

Nespresso shall attempt to deliver orders submitted and processed by 19.00 on working days for standard delivery – that is between 08.00-18.00 on working days (hereinafter: standard delivery) within 1 workday from the receipt of the orders, however Nespresso shall assume no liability for non-compliance with the above deadlines. Normal delivery charge is HUF 2490.

3.5. Delivery to a Pick-Up Point:

In case of deliveries to pick-up points Nespresso shall attempt to deliver orders submitted and processed by 18:00 on workdays within 1 workday for Budapest locations and within 2 workdays for regions outside of Budapest. However, Nespresso shall assume no liability for non-compliance with these deadlines.

In case of delivery to a pick-up point, customers shall be required to present proof of their identity (ID card, driver’s licence, passport) before signing receipt of the package, or in case the package is to be picked up by a different person from the addressee, title to the package shall be documented. This shall be affected by recording the number of the ID document presented by the persons taking delivery and the title stated on the delivery form signed by them. In case the package is picked up by a person different from the addressee, due authorization thereto signed by two witnesses shall also be presented to the person delivering the package, which shall be attached to the delivery form.

Pick-Up point delivery charge is HUF 1690.

3.6. Nespresso Boutique Pick-Up (Parcel Pick-Up at Nespresso Boutique):

In case of orders placed through the Nespresso website Boutique Pick-Up delivery mode is available to be chosen as the pick-up point of the parcel. This service is only available with bank card and/or gift card payment processed through the website.

For orders sent more than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready at the selected Nespresso Boutique 1 hour after placing the order. For orders sent less than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready to be picked-up next day at least 1 hour after the opening of the selected Boutique. The parcel can be picked-up with priority at the chosen Nespresso Boutique by choosing the "Boutique Pick-Up" option at the number drawing counter.

Boutique pick-up is free of charge. After making the order you will be required to collect your package within 1 week in the selected Boutique.

The Boutique Pick-Up service is not available in Nespresso Mini Boutiques and in Temporary Mini Boutiques (see section 2.1.2 for the current list of Mini Boutiques).

3.7. Nespresso reserves the right to change the terms of delivery.

3.8. Potentially arising delivery costs shall include VAT and are to be invoiced with the purchase price.

3.9. From 29. August 2022, orders of minimum HUF 5 000 submitted online via our website shall be delivered free of charge.

3.10. Customers shall verify that the package is intact upon delivery and if the package is damaged they shall refuse to take delivery of it and indicate the problem to Nespresso by calling 06-80-25-82-50.

3.11. Upon taking delivery by customers or persons acting in their place, all risk of loss, or damage to the package shall be transferred to customers.

3.12. In order to deliver orders on time, Nespresso strives to keep sufficient stocks of products. However, it is possible that stocks of certain products turn out to be insufficient for all deliveries to be executed on time. In such cases, Nespresso is entitled to affect partial deliveries, or to defer delivery. Any additional costs arising from additional deliveries shall be borne by Nespresso. Orders for products available in limited quantities (like Limited Edition, Special coffees, or certain accessories) can only be delivered as long as stocks allow.

4.    Handling of Complaints

4.1. Taking Delivery and Verification of Goods

    4.1.1. In case of an incomplete delivery, or failure to deliver the goods, Nespresso shall deliver a substitute product of identical value, or shall credit the amount paid to the customer’s account – as chosen by customers – or shall reimburse amounts already received to the bank account of the customer, within 14 workdays.

    4.1.2. Subsequent to taking deliver of the goods, the Customer shall be obliged to verify the quantity of the delivered product(s) and their intactness and shall be entitled to inform Nespresso of any shortcomings or damages in the following manner: within 7 days of taking delivery by giving the invoice number, a short description of the complaint and a copy of the consignment note in an email addressed to Nespresso (hungary@Nespresso.com) or a postal letter mailed to the address of Nespresso. Nespresso shall investigate complaints within 2 workdays and inform the Customer of the findings. No complaints submitted beyond the above deadline shall be accepted.

    4.1.3. Complaints may be filed at the government offices listed below:

http://jarasinfo.gov.hu/

An online dispute resolution platform launched by the European Commission:

https://webgate.ec.europa.eu/odr

4.2. Returning Products

Nespresso shall only accept the return of products in case of incomplete or damaged delivery as defined in section 4.1; if its guarantee, product liability or warranty obligations as detailed in section 11 stand, and in case of cancellation as per sections 10.4 and 10.5. The Customer shall return the products in their original packaging in case of incomplete or damaged delivery, and in their unopened original packaging in case of order cancellation. In case products are returned (sent back) in line with the relevant provisions, the invoiced amount plus arising delivery costs are to be credited to the customer’s account within 14 days at the latest. In the cases detailed above the return of the products - with the exception of cases regulated in sections 10.4 and 10.5 - shall be organized by Nespresso upon the Customer's request, and the costs of returning shall be borne by Nespresso.

4.3. Complaints Management

The Customer may indicate his complaints regarding Nespresso products and services by phone, by calling a toll free number 06-80-25-82-80 or number +36-1-413-5800 from abroad; electronically at https://www.Nespresso.com/hu/en/kapcsolat; personally at any Nespresso Boutique

Nespresso shall strive to provide a comprehensive response to the complaint as soon as possible: it shall confirm receipt of the customer complaint within 2 workdays and give a final and comprehensive response within 14 workdays. Nespresso shall primarily respod to complaints via e-mail or by phone, unless that is not possible or the customer filing the complaint had explicitly requested a different form of communication. Nespresso may contact the Customer prior to its response in order to investigate the complaint, by using the contact data given by the Customer.

4.4. Possibility of Turning to a Conciliation Panel in Case of Consumer Complaints:

Conciliation panel. The Customer may initiate conciliation panel proceedings at the conciliation panel working alongside the competent professional association in the interests of reaching a peaceful settlement of the legal dispute related to the conclusion or execution of the contract. In case of arbitration panel proceedings co-operation with the arbitration panel is mandatory.

The Conciliation Panel for Nespresso's official seat:

    Name: Budapesti Békéltető Testület [Budapest Conciliation Panel]

    Address: 1016 Budapest, Krisztina krt. 99.

    Phone number: (1) 488-2131

    Fax number: (1) 488-2186

    E-mail address: bekelteto.testulet@bkik.hu

Nespresso shall consider the conciliation panel's decision as a recommendation. The Customer may still opt for court proceedings following the Conciliation Panel proceedings.

The national list of arbitration panels can be found at the following link:

https://bekeltetes.hu/

4.5. Use of the EU Online Dispute Resolution Platform

In the event that you were unable to settle your complaint during the complaint management procedure described in section 4.3, you may also submit it via the EU online dispute resolution platform ("ODR platform".

This platform allows consumers and vendors to try to settle their disputes arising from online purchases outside of court. The interactive website can be accessed in all official languages of the EU and its use is free of charge. Through the use of the ODR platform the consumer-customer and the vendor-service provider may agree on selecting a dispute resolution panel to find a remedy to the consumer's complaint.

The ODR platform is accessible at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

5.     Prices and invoicing

5.1. The currently applicable prices of Nespresso products are accessible: by phone (06 80 2582 80), or on the www.Nespresso.com website. The prices indicated on the website are always gross prices plus VAT. The prices indicated on the website are valid until cancelled or changed. Product images and stock information on the website are for information purposes only and may differ from the actual product. Nespresso may unilaterally modify prices at any time. Except in the case of automatic reordering, the prices in force on the day the order is placed shall apply. In the case of an automatic reorder service, the prices in force on the day of receipt of the goods shall apply.

5.2. Invoices must contain VAT as a separate entry.

5.3. In the case of delivery, the invoice for the order will be sent electronically to the e-mail address provided during registration. If you do not have a registered e-mail address, the invoice for the order will be attached to the delivery.

In case any of the commercial conditions pertaining to a good or product (i.e. price) shows a disproportional difference to the previously applied commercial conditions without the announcement of the changes in that commercial condition, Nespresso is entitled to refuse performance on the grounds of gross disparity of values exchanged or the lack of contractual will.

6.     Payment

6.1. With the exception of online payments using a Nespresso Gift Card or a bank card, and purchases made in Nespresso boutiques, the Customer shall pay the delivered goods in cash (or with a selected bank card, if this service is available) upon delivery of the products.

6.2. In case of purchases made in Nespresso Boutiques, payment can be made in cash, or using a Nespresso Gift Card, or any bank card accepted in Hungary (except Diners Club and JCB cards). In case of a cash payment in a Nespresso boutique, customers should check the change received on the spot, as we are unable to accept subsequent complaints.

6.3. In case of online orders, customers can pay using a bank card. In case of payment by bank card, this shall be affected via a VPOS terminal used by Nespresso. Section 7 contains the detailed terms and conditions for using online bank card payment services (VPOS services).

6.4. In case of automatic reorder, payment can be made in advance using a bank card, or cash on delivery.

6.5. All products shall remain the property of Nespresso until the invoice is paid in full.

7.     Conditions for Use of the VPOS Service

7.1. The VPOS service is available to customers inside and outside Hungary.

7.2. Bank cards accepted: VISA and MASTERCARD

7.3. In the course of payment by bank card, the price of the products ordered is to be debited to the card holder’s account in HUF.

7.4. In case of payment using the VPOS system, the customer’s bank card shall only be debited with the price after online confirmation of the purchase.

7.5. Upon using the VPOS service, the price of the products ordered is paid electronically, by means of a bank card, after confirmation of the order.

7.6. Nespresso shall bear no liability for any damages arising from incorrect data, or incorrectly filled out orders submitted by customers.

7.7. Any problems detected by customers regarding the VPOS service should be reported using the 06 80 2582 80 toll free phone number or the hungary@Nespresso.com e-mail address. Nespresso shall review all reports and complaints within 3 workdays, and customers shall be informed of findings using the channel used for reporting the complaints. Nespresso keeps a record of reported problems and complaints. Nespresso shall immediately take steps to remedy any problems reported by customers, which are subject to its liability and are found to be substantive.

7.8. Payments by bank card shall take place via the Adyen N.V. and EVO Payments International server. The server operator shall take all necessary technical measures to ensure that customers’ banking data remain secure and inaccessible to unauthorized parties.

8.     Recycling of Used Capsules

Nespresso capsules are made of aluminium which can be recycled infinitely. Nespresso has established a system of its own for collecting and recycling used capsules. Customers may return their used capsules to any Nespresso Boutique, or order used capsule pick-up by courier when submitting an order online, or by telephone for delivery to home address. During the recycling of returned capsules, aluminium and grounds are separated, with grounds being composted, and aluminium going to production facilities.

Customers shall ensure that only original Nespresso capsules or other capsules made of aluminium are contained in the collection bag.

By using this service, Customers shall undertake to refrain from any claims against Nespresso in connection with the handing over of used capsules.

Customers shall be able to return used capsules as follows:

8.1. Returning Used Capsules to Nespresso Boutiques:

This service is free of charge and not linked to any purchase.
Capsules to be returned should be placed in sealed collection bags in the containers located in the Boutiques.

Customers may return used capsules at any time during business hours of the Boutiques, but the number of capsules returned per day may not exceed 500.

8.2. Home Delivery with Pick-Up of Used Capsules

In case of home delivery, Customers are entitled to return used capsules subject to the conditions below.

This service is available free of charge, but subject to ordering new products with used capsule pick-up. This service is available in case of standard delivery between 8.00-18.00. and in case of morning (7.00-9.00) and afternoon (17.00-20.00) delivery services.

In case of ordering online from the webshop, the "Used Capsule Return option" should be clicked and the time of delivery should be selected.

In case of ordering by telephone, used capsule pick-up should be ordered verbally upon submitting the order for products.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

8.3. Disposal of used capsules at collection points
In the event of delivery to a pick-up point, the Buyer is entitled to deliver used Nespresso capsules under the following conditions.

Use of the service is free of charge, but is subject to ordering a product. For orders of the webshop or by phone, we will automatically attach the label required for return.
Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

9. Privacy

9.1.1 Nespresso collects, processes, or forwards Customers’ personal data to any third parties in possession of their prior written consent or by legitimate interest, and in some cases (eg. billing) in compliance with legal regulations. By finalizing registration, Customers accepts Nespresso's Privacy Policy, that their submitted data will be handled by Nespresso and disclosed to persons participating in the execution of orders, and for compliance with its sales Conditions and applicable legal provisions.

For further details on data processing, please consult the Nespresso Privacy Policy available at www.Nespresso.com under "Legal Notice" (https://www.Nespresso.com/hu/en/jogi-feltetelek).

9.1.2 Only persons over the age of 18 may register for the online shop.

9.1.3 Nestlé calls on Buyers to provide their registered data accurately and to cooperate in keeping it up to date. Nestlé shall not be liable for any claims from Buyers or third parties arising from incorrectly or inaccurately provided data or data that is no longer up-to-date (e.g. in the event of a change of delivery address).

9.1.4 The name and contact details of the Hosting Provider:

GLOBAL HEADQUARTERS
Nestlé S.A.
Avenue Nestlé 55,
1800 Vevey, Switzerland

9.2. Operation of Surveillance Camera System

Nespresso operates surveillance cameras in the following Boutiques to protect human life, physical security and property; to recognize, disclose, investigate, prevent or abort such possible unlawful acts. The camera regulations for the individual Boutiques are available in the given boutiques and under the "Data Protection" point on the www.Nespresso.com website.
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház utca 2-6. (Mammut Mall)
- Nespresso Mini Boutique at 1123 Budapest, Alkotás utca 53. (Mom Park)
- Nespresso Mini Boutique at 1062 Budapest, Váci út 1-3. (Westend Mall)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
9.3. Data Processing

Nespresso may disclose and forward data to the following data processors for data processing and marketing activities:
- Wavemaker Hungary Kft. - 1123 Budapest, Alkotás u. 53.
- Gebrüder Weiss Szállítmányozási és Logisztikai Kft. - 2310 Szigetszentmiklós, Leshegy Ipari park 12276/9; Leshegyi út, Prologis épület 9.
- DHL Express Hungary Kft. 1097 Budapest, Fehérakác u. 3.
- Express One Kft. 1239 Budapest, Európa u. 12.
- Sprinter Futárszolgálat kft. 1097 Budapest, Táblás utca 39.
- Magyar Posta Zrt. 1138 Budapest, Dunavirág u. 2-6.
- Kantar Hoffmann Kft: 1052, Budapest, Vitkovics Mihály utca 9.
- TNS Sofres, Paris: 3. Avenue Pierre Masse, FR-75014, Paris, France
- IPSOS France SAS: 35. Rue du Val de Marne, FR-75628 Paris CEDEX 13, France
- Nestlé Operational Services Worldwide S.A.: Route de Buyére 4 CH-1030 Bussigny-Prés Lausanne, Switzerland
- Salecycle Limited: DH4 5RA Houghton le Spring, Chase House, Rainton Bridge Business Park, United Kingdom
Photel Support Services , 1134 Budapest, Róbert Károly krt. 70-74. may use the data for customer service activities.

9.4. Rights of data subjects

9.4.1. The Customer is entitled to request information about his data managed by the data processo at any time, as well as to request the correction, deletion of his data or to withdraw his approval in compliance with section 9.1 at any time without charge or limitation, at Nespresso Boutiques or by calling 06 80 2582 80 or via e-mail to hungary@Nespresso.com.

9.4.2. In the event that the Customer's personal data management rights are in any way infringed, the latter may seek the following remedies
9.4.3. Nespresso shall use the financial and branch data acquired in the course of online payment and ordering process exclusively for executing the transaction approved by the card holder Customer. Nespresso shall assume no liability for any damages arising from unauthorized use of customers’ passwords by third parties. Payment by bank card shall be affected via the Adyen N.V. and EVO Payments International server, without Nespresso seeing or storing the banking data required for completing the transaction, and shall assume no liability for any unauthorized use of such data.

9.5. Cookies

We use cookies upon your visits to the www.Nespresso.com website and our webshop. These files provide us information on the user's website visiting habits, but do not store personal information. Our Cookie Policy is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

By visiting the www.Nespresso.com website or the webshop, our visitors consent to the monitoring of their user habits and that we display customized advertisements with the aid of programs and tools defined in the Cookie Policy. Our policy for remarketing activities is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

10. Information on Liability for Defects, Product Liability, and Warranty:

Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and Government Decree No 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. ), Nespresso informs its Customers, as consumers, of the warranty of accessories, product warranty, guarantee and right of withdrawal applicable to coffee machines, frothers and other accessories and digital goods.

10.1. Liability for Defects

In what cases can claims under liability for defects by filed by customers?

In case of non-contractual performance by Nestlé Hungária Kft. Nespresso division, Customers may file a claim under liability for defects against the company, as defined in the Civil Code.

What rights do customers have under liability for defects?

Depending on their choice, Customers may exercise the following rights under liability for defects:

They may request the product to be replaced, or repaired, except when such a request is physically impossible, or would cause disproportionately high additional costs compared to other options. In case replacement or repair is not requested, or cannot be requested, customers may request the counter value to be adjusted proportionately, or they may undertake to correct, or have the defect corrected at the cost of the seller, or may – as a last resort – cancel the sales contract.

Customers may change their minds regarding the right to be exercised in connection with liability for defects, but all costs of such a change shall be borne by the Customer, except when such a change is justified, or is the result of an action by the seller.

What is the deadline for claims under liability for defects to be filed by Customers?

Customers shall immediately report any defects detected, but in no case later than within two months. At the same time, it should be stressed that no claims under liability for defects can be filed after more than two years from performance of the contract.

Who should claims under liability for defects be addressed to?

The Customer may file claim compensation for defects from Nestlé Hungária Kft. Nespresso division.

What other preconditions exist for claims under liability for defects to be filed?

Within six months of performance of the sales contract, there is no other precondition of filing a claim under liability for defects apart from reporting the defect, if customers can document that the product has been delivered by Nestlé Hungária Kft. Nespresso division. However, after six months from performance of the sales contract, customers shall be required to prove that the defect detected already existed at the time of performance.

10.2. Product liability

In what cases can claims under product liability be filed by customers?

In case of a faulty product, customers may exercise their rights defined above, or file a claim under product liability, as they choose, directly to the manufacturer for products with no warranty, if 2 years have not yet lapsed from the products' date of sale.

What rights do customers have under product liability?

Customers may only request repair, or replacement of the non-contractual product under product liability.

In what cases can a product be regarded defective?

Products are defective, if they do not comply with the quality standards applicable at the time of sale, or with the features in the description provided by the manufacturer.

What is the deadline for claims under product liability to be filed by customers?

Claims under product liability can be filed within two years of the product being sold by the manufacturer. After this deadline, no such claims can be filed.

Who should claims under product liability be addressed to and what other preconditions of filing such a claim exist?

Claims under product liability can only be addressed to the manufacturer, or distributor of the product.
In case of a claim under product liability, customers shall be required to prove that the product has been non-contractual.

10.3. Warranty

The provisions defined in the warranty booklet attached to the Nespresso machine by the manufacturer, or distributor shall be applicable, with the warranty provided by the manufacturer, or distributor defined therein.

In what cases can customers exercise their warranty rights?

In case of non-contractual performance, Nestlé Hungária Kft. Nespresso division has a warranty obligation for Nespresso milk frothers according to Government decree no. 151/2003 (IX.22.) and Government decree no. 270/2020 (Vi. 12) about mandatory warranty for durable consumer goods. For coffee machines, warranty obligations shall be performed by the manufacturer or distributor defined in the warranty booklet.

What rights do customers have under warranty, and what deadlines are applicable?

Consumers’ rights under warranty (consumers may exercise the following rights according to their choice, in case of a defect subject to warranty):

to have the product repaired, or replaced (except, when this is impossible, or would result in disproportionately high extra costs compared to a reduction or reimbursement of the price),

a proportionate reduction in the price, repair of the defect at the expense of the seller, cancellation of the contract of sale, with the exception of insignificant defects (reimbursement of the price).

In the course of repair, only new parts may be used in the product subject to repair.

Customers are only entitled to a price reduction, a repair at the expense of the seller, or reimbursement of the price, if the seller declined to have the product repaired, replaced, or is unable to do so with regard to the properties and the Customer’s expected function of the product within a reasonable deadline, or the consumer no longer has an interest in having the product repaired, or replaced.

Place and deadline for exercising customers’ rights under warranty:

Customers may exercise their rights under warranty within 24 months of delivery of the product. The time used for repair when customers are unable to use the product for its intended function shall not be included in this 24 month period.

In case customers wish to have the product replaced within three working days of the purchase, owing to a defect, the seller shall replace the product, if the defect prevents the Customer from using it according to its intended purpose. If Nespresso offers a price reduction or refund instead of replacing the product, it shall do so in the form of a bank transfer within 14 days from receiving the Customer's notification.

Sellers shall have the repair or replacement completed within a suitable deadline. Sellers shall be exempted from this deadline, if they prove that they have done everything in their power under the given circumstances to have the repair or replacement completed within a suitable deadline.

Customers’ rights under warranty may be exercised with the seller, or its right for repair may be exercised directly with the repair service defined in the warranty booklet.

Further details are available in the warranty booklet.

When are sellers relieved of their warranty obligations?

Sellers are only exempted from their warranty obligations, if they prove that the cause of the defect appeared subsequently to performance of the contract of sale.

It should be stressed that simultaneous claims under liability for defects and product liability cannot be filed at the same time for the same defect. Nevertheless, customers are entitled to their rights arising from warranty, irrespective of the rights defined within the scope of liability for defects and product liability.

10.4. Right to Cancel the Contract of Sale

   10.4.1. Under the present Conditions of Sale, the natural person (not a corporate buyer) may cancel the contract of sale for coffee machines, Nespresso milk frothers, unopened boxes of coffee capsules and unopened boxes of cookies, chocolate, candy and other Nespresso accessories without justification, within 14 days in case of orders submitted on the www.Nespresso.com website, our mobile applications, by phone or via an iPad in our partner shops. The right to cancel the contract of sale does not apply to purchases made in Nespresso Boutiques or bought by not natural person.

   10.4.2. The deadline for the right to cancel the contract of sale lapses after 14 days from the date the Customer or the person acting in his name takes delivery of the product.

   10.4.3. In case customers wish to exercise their right to cancel the contract of sale, they shall be required to deliver a clear declaration of their intent thereto ( for example by mail, telefax, or E-mail) to the following address:

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso division:
    E-mail: hungary@Nespresso.com
    By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
    By fax: send it to 06 80 2580 80 free of charge

They may also use the sample form “cancellation of contract of sale” attached as annex no. 1 for this purpose.

   10.4.4. The right to cancel the contract of sale will be exercised in time, provided the declaration thereof is sent before the deadline defined above.

   10.4.5. The Customer is also entitled to exercise his right of cancellation between the date of concluding the contract and the date of product delivery.

   10.4.6. The Customer shall be obliged to prove that he exercised his right of cancellation or termination in compliance with legal regulations.

10.5. Legal Effects of Cancellation

   10.5.1. In case Customers cancel this contract of sale, all forms of payment affected by them shall be returned immediately, but under no circumstances later than within 14 days of receiving their declaration thereof, including delivery costs (except for extra costs resulting from customer choosing another form of delivery different from the cheapest offered by us, such as the postal charges of returning a product). For the reimbursement of payments, we will use the same method of payment as used for the original payment, except if customers explicitly approve another method of payment, which will result in no extra cost for them. Cases where payment is made to the courier upon delivery of the package shall be exempted from the above. In such cases, refunds shall be paid via bank transfer.

   10.5.2. We hereby inform Customers, that we are entitled to delay reimbursements until the product subject to reimbursement is returned to us.

   10.5.3. Returning Products

Customers shall return the product to us without unreasonable delay, within 14 days of communicating their intent thereto at the latest. This deadline shall be met, if the product is sent to us before expiry of the 14 day deadline.

Upon returning products, please seal the package securely and please indicate the original order number to enable clear identification.

Return Address:

Gebrüder Weiss Hungary Kft. Nespresso raktár

Prologis épület 9.

Leshegy Ipari Park

Leshegyi út hrsz. 12276/9

Szigetszentmiklós

2310

Personal returning address:

Nespresso Boutique Árkád

1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Bevásárlóközpont)

   10.5.4. The direct costs of returning a product shall be borne by the Customer. The Customer shall be responsible for ensuring that the product is returned intact. Nespresso shall not be held liable for damages suffered during the return transport.

   10.5.5. In case of cancellation, the Customer shall be liable for impairment caused by use exceeding attempts to establish the nature, features and operation of the product.

10.6. Returning Products - only in case of products purchased in Nespresso Boutiques

Returning products to the Boutiques is possible under the following conditions (except for warranty, product liability and liability for defects):
- The scope of products: all machines and accessories; this option is not open to food products (coffee, cookies, chocolate, candy).
- The product can only be returned within 1 month of the date of purchase, after showing the original purchase invoice.
- Products can only be returned to the place of purchase, the same Boutique where they were originally purchased.
- Upon returning a product, we can offer in store credit for the value indicated on the original invoice, however we are unable to refund the purchase price. If upon product replacement the Customer chooses a product with a higher effective price than the previously purchased item - even if the product is the same - the price difference is to be paid by the Customer.
- if the product packaging is intact and complete
- if the product had not been used
The Boutique staff shall check and decide whether these conditions are met.

For food safety reasons, we are not able to accept the return of food products (coffee, cookies, candy, chocolate) - outside the scope of liability for defects or product liability - even if the product and the packaging are intact and complete.

VAT inclusive invoices may only be modified on the date of such request and with the actual modification date indicated, at the place of original purchase. The original invoice must be handed over for an invoice modification.

11. Miscellaneous Provisions

11.1. Nespresso hereby informs its Customers that the company follows the Hungarian Code of Advertising Ethics. The Code is available at the following link: http://www.ort.hu/hu/kodex/elszo .

11.2. We recommend the use of these browsers for the www.Nespresso.com/hu/en website operated by Nespresso: Google Chrome (newest version) Mozilla Firefox (version 3, or higher) Apple Safari (version 3 or higher) or Internet Explorer (version 8 or higher).

We recommend use of any Mozilla Firefox or Google Chrome version, or the default browser of Android phones and Safari for the site optimized for mobile phones.

11.3. Nespresso uses state-of-the-art technology and protection to keep user data safe.

12. Applicable Law

Hungarian law shall be applicable with regard to the provisions contained herein. Provisions of the Civil Code and other legal provisions in effect shall be applicable to the issues not subject to these Sales Conditions. The parties agree that in case of any legal disputes arising from this legal relationship – when the competence of Budapest Környéki Törvényszék or Fővárosi Törvényszék cannot be determined, they accept the competence of Budai Központi Kerületi Bíróság or Székesfehérvári Törvényszék, depending on value.

13. Nespresso & YOU membership program

These terms and conditions of membership shall be applicable to the Nespresso & YOU Membership program.

These terms and conditions of membership constitute part of the terms and conditions of sales applied by Nestlé Hungária Kft. Nespresso division. Regarding issues not regulated by these terms and conditions of membership, the terms and conditions of sale shall be observed and applied with the deviations defined in the terms and conditions of membership.

According to the Nespresso & YOU membership program, only the individuals and legal entities acting as customers shall become members, who complete their purchases from Nespresso outside the scope of their profession, occupation or business activities, and are eligible for membership under these terms and conditions of membership. Persons under the age of 18 shall not be eligible for membership.

13.1. What is the Nespresso & YOU Membership Program?

Nespresso (referred to as: „us” in this text) operates a customer loyalty program under the name Nespresso & YOU Membership Program.

All our registered members, or those registering after the date defined under this point, who meet the conditions defined herein, shall become members of the Nespresso & YOU.

Three levels of membership exist under this program. Each level is dependent on the duration of membership and the quantity of capsules purchased. Purchases of capsules shall be completed via the www.Nespresso.com web site, or using mobile apps, or by telephone, or in one of the Nespresso Boutiques, with the customer identifying himself/herself according to the applicable conditions. The different levels of membership are described in detail under point 13.3.

These conditions of membership shall be applicable from 22 February, 2022. until being revoked.

13.2. How can you participate in the Nespresso & YOU Membership Program?

Your membership in the Nespresso & YOU Membership Program shall commence with the first purchase of coffee capsules through one of the Nespresso channels as an identified member. In case of membership existing prior to the effectiveness of the Nespresso & YOU Membership Program defined under point 1., membership shall be valid from the date of the first coffee capsule purchase registered with Nespresso. Customers who do not meet these membership conditions shall not be able to participate in the loyalty program in spite of registering.

In case you meet the conditions of participation in the loyalty program, your membership shall commence with your successful registration in a Nespresso Boutique, or with the Nespresso call centre, or at the www.Nespresso.com web site, or using a mobile app. and your first invoiced purchase of coffee capsules. In case of successful registration, you’ll receive a membership number from us. If you are already a member, the date of your first coffee purchase from Nespresso shall be deemed the first day of your membership.

In case you had already been a Nespresso member prior to the effectiveness of these conditions of membership defined under point 13.1., the precondition of your participation in the Nespresso & YOU Membership Program is that you made at least one invoiced purchase of coffee capsules from Nespresso in the 12 months prior to the commencement of the program. (with the exception of customers subject to the Grace period offer defined under point 13.5.).

Please, keep your membership number and password confidential. Only one individual, or legal entity shall hold a specific membership number.

Nespresso shall not bear any liability whatsoever for any damages, or loss of data resulting from you sharing your membership number and password, or their use by unauthorized persons.

Your personal data shall be used in accordance with the provisions of the Nespresso Data Privacy Policy.

By accepting these conditions of membership, and providing your personal data, you shall accept the contents of the Data Privacy Policy. The Data Privacy Policy can be found here: https://www.Nespresso.com/hu/hu/adatvedelem.

13.3. Levels of the Nespresso & YOU Membership Program

Three levels of membership exist in the Nespresso & YOU Program. Each level shall be calculated by combining the duration of membership and the quantity of capsules purchased. Capsule purchases are calculated per the 12 month periods between anniversaries, the so called membership year.

Anniversaries shall be interpreted as the month (not day) when the first purchase of Nespresso coffee was made.

The duration of membership shall be interpreted as the number of complete years when at least one invoiced purchase was made, elapsing since the first coffee purchase.

Levels of membership in the Nespresso & YOU program:
- Connoisseur: Customers who purchased less than 720 capsules in the 12 months between the last two anniversaries, and their first invoiced purchase of coffee capsules was made 0-4 years ago.
For example, our member will be a Connoisseur, if his/her first purchase of coffee capsules was made 2 years ago in August, and since then 600 capsules have been purchased annually between 01. August and 31. July of the next year.
- Expert: Customers who purchased between 720 – 1080 capsules in the 12 months between the last two anniversaries and/or heir first invoiced purchase of Nespresso capsules was made 5-9 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Expert, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 900 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made 8 years ago in August, and since then a total of 300 capsules have been purchased annually between 01. August and 31. July of the next year.
- Ambassador: Customers who purchased over 1080 capsules in the 12 months between the last two anniversaries and/or their first invoiced purchase of Nespresso capsules was made longer than 10 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Ambassador, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 1 200 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made11 years ago in August, and since then a total of 200 capsules have been purchased annually between 01. August and 31. July of the next year.

You can access the length of your membership and the quantity of capsules purchased by calling the Nespresso Boutiques, on the www.Nespresso.com web site, or under My account in the menu, after signing in using our mobile apps.

In case you make no invoiced capsule purchases for a period of 12 months, your participation in the Nespresso & YOU program shall be terminated - although your membership number will remain valid – and you will not be able to take advantage of the benefits of the loyalty program in the future. Participation in the Nespresso & YOU program can recommence with a new coffee purchase. In this case, the quantity of coffee capsules purchased will determine the new level of membership, with the new 12 month period (membership year) beginning with the month of the new purchase and the length of your membership will also be calculated from this month - (with the exception of customers subject to the Grace period offer defined under point 13.5.).

In terms of determining membership levels and participation in the loyalty program, only quantities of coffee capsules bought during purchases containing coffee capsules shall be taken into account as follows:
- Coffee capsules purchased shall be interpreted as coffee capsules invoiced and delivered according to a valid order
- Orders revoked/returned for any reason whatsoever shall be deducted
Tasting sets received upon the purchases of coffee machines shall not be regarded as purchases of coffee capsules. No free product samples, promotional gifts, or capsules received as compensation from Nespresso shall be regarded as purchases. The date of purchase shall be the day of delivery in all cases.

13.4. Benefits of membership

According to the loyalty program, benefits and discounts based on membership level come with Nespresso & YOU membership.

Membership levels:
- Connoisseur: Free delivery, Coffee machine maintenance program, Masterclass
- Expert: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother
- Ambassador: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother, Coffee machine replacement program, Priority purchase from our exclusive coffees, VIP events
Free delivery: If you purchase coffee capsules via the www.Nespresso.com web site, mobile apps, or by telephone and all orders over HUF 12 000 shall be delivered free of charge. This offer shall apply to normal deliveries.

Coffee machine maintenance program: In order to produce a perfect coffee experience, your coffee machine should undergo regular maintenance. By removing scale regularly, the lifecycle of your coffee machine can be extended substantially. After the 500th capsule purchased in a given year of club membership, you will receive a free descaling kit (1 x 100 ml). Each club member is entitled to max. 1 free descaling kit in a membership year. On each anniversary of club membership, the number of capsules purchased is reset and the counting of capsules restarts.

We’ll provide a replacement coffee machine for our members for the duration of servicing during the complete two year warranty period and in the period following the expiry of the warranty period, if their coffee machines are registered with us. For our Ambassador and Expert members, replacement machines are available including delivery free of charge during the complete two year warranty period. For our Connoisseur members, a replacement machine shall be available for HUF 990, with HUF 3 250 charged for delivery both ways.

Following the expiry of the warranty period, our Ambassador and Expert members will continue two receive replacement coffee machines free of charge. For our Connoisseur members, replacement coffee machines will be available for a charge of HUF 990, if they require one. A uniform fee of HUF 3.250 will be charged for delivery each way following the expiry of the warranty period on all membership levels.

Masterclass: Attend our exclusive coffee tasting events, and discover the world of coffee with the help of our experts. The dates of coffee tasting events can be found at the www.Nespresso.com web site. Attending the events is free of charge, but subject to registering in advance. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any Masterclass event, regardless of their membership status.

Extra 15% discount for accessories, sweets: Have you been longing for a Nespresso cup for a long time? Would you like to taste our sweets? For a total of six purchases annually, we’ll grant you an extra 15% discount from the price of our accessories and sweets.

The discount shall be applicable to purchases of the following products: Nespresso cups, glasses, spoons, capsule dispensers, Travel mug, used capsule cage, coffee machine parts and sweets. Maximum 5 Nespresso accessories, or sweets can be purchased at the discounted price upon a single order/purchase with one membership registration in one membership year, or the discount can be used for maximum 6 purchases in a membership year. The 15% price discount cannot be applied simultaneously with other promotional offers for accessories. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

20% discount for Aeroccino4 milk frother: Latte macchiato, or cappuccino? Buy an Aeroccino4 milk frother at 20% discount. The discount cannot be converted to other products, or cash. The discount shall apply to one Aeroccino4 milk frother, in a specific membership year, with one registration, upon a single purchase. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers for milk frothers sold by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

Coffee machine replacement program: Would you like to replace your old Nespresso coffee machine? Buy at least 500 Nespresso coffee capsules in a single order and choose a Nespresso Original Line Citiz or any higher priced machine from the Original Line at a 50% discount. Or, buy at least 200 Nespresso coffee capsules in a single order and choose a Nespresso Vertuo Next or any higher priced machine from the Vertuo Line at a 50% discount.

The offer only applies to Original Line Citiz and Nespresso Vertuo Next or higher priced coffee machines when purchased together with 500 or 200 capsules.

Maximum one Nespresso coffee machine can be purchased in one membership year, with one registration, with the conditions of the above offer. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Ambassador members.

Priority purchase of our exclusive coffees: Be the first to by our special, limited edition coffees available only via the Nespresso & YOU program. Priority purchase shall apply for a period of at least two weeks following the introduction of the coffees. Priority purchase shall only be available for our Ambassador club members.

VIP events: Attend our exclusive events to learn more about the world of coffee, gastronomy and art. Attending our events is subject to registration and might be subject to a fee in some cases. Only our Ambassador members may register. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any VIP event, regardless of their membership status.

13.5. Termination of Membership

You are entitled to terminate your membership anytime, in a notice sent by mail, or e-mail (hungary@Nespresso.com) or by telephone call to our freephone number: 06 80 2582 80.

We are entitled to terminate your membership by written notice, in case you violate any of the above provisions, or abuse the benefits offered by our program.

Upon three months’ notice, we shall be entitled to amend or terminate this program anytime. We shall be entitled to amend or terminate this program anytime without three months’ notice, if that is required by a legal provision of the applicable law.

Annex No. 1 - Sample Declaration of Cancellation of Sale

Please, only fill out and return it to us if you wish to cancel/terminate the contract of sale.

To: Nespresso

Email: hungary@Nespresso.com
Telephone: 06 80 CLUB 80 number (06 80 2582 80)

I/We, the undersigned hereby declare that we exercise our right of cancellation with regard to the contract of sale concerning the following product/s:
Date of the contract/delivery:
Customers’ name:
Customers’ address:
Customers’ signature: (on printed declaration only)
Date:

Last modified: 14.09.2022
The Sales Conditions defined herein shall be applicable to all orders submitted to the Nespresso division of Nestlé Hungária Kft. online, by telephone, by email or personally at a Nespresso boutique. The conditions defined herein shall constitute part of all other agreements. By submitting an order, customers (hereinafter: Customers) shall acknowledge that they have read, understood and unconditionally accepted the Sales Conditions contained herein.

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso Division of Nestlé Hungária Kft.:

Nespresso mailing address for business purposes: 1123 Budapest, Alkotás utca 53. MOM park "A" Irodaépület, 3. emelet
Telephone, customer services: 06 80 2582 80 (0680 CLUB 80)
E-mail: hungary@Nespresso.com

Nestlé Hungária Kft. mailing address and company seat: 1095 Budapest, Lechner Ödön fasor 7.;

Corporate Reg. No.: Fővárosi Törvényszék Cégbírósága:   01-09-267926

Tax ID No.: 10571086-2-44

(hereinafter referred to as: „Nespresso”)

1.    General Provisions

1.1. The following provisions shall only be applicable to orders submitted to the Nespresso division of Nestlé Hungária Kft. (hereinafter: „ Nespresso”).
1.2. Nespresso reserves the right to unilaterally amend or change these provisions at any time.

2.    Orders and In Store Shopping

2.1. Orders may be submitted as follows:

    2.1.1. Using delivery service – via Nespresso
- Website: please, visit the www.Nespresso.com website, browse our offers, then order the selected product(s)
- Mobile applications: please, download our mobile app to you iOS or Android smartphone
- By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
2.1.2. POS purchase in Nespresso Boutiques:
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház u. 2-6. (Mammut Shopping and Recreational Center)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- 1123 Budapest, Alkotás utca 53. at 1123 Budapest, Alkotás u. 53. (MOM Park)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
- Nespresso Mini Boutique at 1062, Budapest, Váci út 3. (Westend)
- Nespresso Mini Boutique at 1115 Budapest, Etele út 68. (Etele Plaza)
Please visit the following website for Nespresso Boutique opening hours: https://www.Nespresso.com/hu/en/uzletkereso

2.2 We would like to inform you that purchases / orders made on the www.Nespresso.com website, via mobile applications, by telephone or in our Boutiques are subject to maximum daily and monthly order quantity limits, the terms of which are determined by Nespresso at its sole discretion.

2.3. Automatic Reorder Services:

Our automatic reorder service allows Customers to place orders automatically according to their defined frequency and quantity, with automatic invoicing until authorization of automatic reorder is cancelled by Customers.

Automatic reorder is available upon ordering through the website or by telephone.

The settings of Automatic reorder, particularly frequency of delivery and quantity may be altered by the customer at any time free of charge.

Should any product be unavailable for delivery owing to a shortage of stock, or any other reason, products not subject to such limitation shall be delivered on schedule as confirmed, except if the Customer chooses to exercise the right of cancellation in regard of the complete order. In case delivery is accepted by the Customer with the limitations indicated above, only the price and delivery charge payable for the products actually delivered shall be invoiced.

The service is only available for online bank card payments and cash on delivery.

2.4. Nespresso hereby informs its Customers that upon submitting orders by Customer, a contract of sale is entered into by Customers and Nespresso for a definite term, which shall remain in effect until the conditions defined therein are fulfilled completely. Nespresso hereby informs its Customers that such contracts entered into for a definite term shall under no conditions be transformed into contracts for an indefinite term.

2.5. Pursuant to the contract of sale entered into by Customers and Nespresso, Customers shall be obliged to take delivery of and pay for the products ordered, after such orders have been submitted Customers shall fulfil their obligations under the contract by such acceptance of delivery and payment. Accordingly, the shortest term for performance of Customer’s obligations is the date when such obligations are fulfilled.

2.6. Nespresso is entitled to refuse orders in case previous invoices have not been settled by the customer, or in case payment of the invoices within the due date cannot be guaranteed according to Nespresso.

2.7. The prices listed on the website always include VAT, which shall remain in effect until termination, or change. The product photos and inventory data on the website is for information only, and may not be identical to current inventory. Nespresso retains the right to unilaterally change its prices at any given time. With the exception of automatic reorder services, the prices effective on the date of submitting the order shall prevail. In case of automatic reorder services, the prices effective on the date of taking delivery of the products shall prevail.

2.8. Confirmation of Orders:
- In case of orders submitted online: automatic confirmation will be sent by Nespresso
- In case of orders submitted by telephone: immediate confirmation during the conversation
- In case of automatic reorder, conformation will be sent by e-mail 4 days prior to delivery with the precise time of delivery, the contents of the basket, the price and delivery fee payable, and notice of any items that cannot be delivered owing to a shortage of stock, or any reason whatsoever.
2.9. Special Conditions of Purchase for Online Orders Via the Website

    2.9.1. In the course of registering on our website, Customers shall be required to provide valid, complete and truthful data in the fields to be filled out on a mandatory basis. In case of any changes in your address, or other personal data, please inform Nespresso immediately, by modifying your data on the personal data page, or by contacting Nespresso using the 06-80-25-82-80 phone number.
When using the online bank card acceptance service provided by Nespresso, you might be required to fill out another online registration form before commencing payment. In order to avoid any potential problems related to payment, please check the accuracy of your personal data. Nespresso shall assume no liability whatsoever for any incorrect performance resulting from incorrect data submitted.

    2.9.2. You shall be required to create a password when registering on our website. This password should be treated strictly confidentially and must not be shared with, or communicated to anyone else. You shall bear full liability for using your password, and the orders submitted with your password, even if it is used without your knowledge. In case you are aware, or have any suspicion of any unauthorized person gaining knowledge of your password, or of using it, you must inform Nespresso immediately by calling 06-80-25-82-80.

    2.9.3. By selecting and ordering a product on the www.Nespresso.com website (hereinafter: website), or using our mobile app, a contract of sale is entered into by Customers and Nespresso, after clicking on Hungary, to which the provisions of orders, confirmation, the present Sales Conditions, the Conditions for Use of the www.Nespresso.com website and the Nespresso Privacy Policy shall all be applicable.

    2.9.4. Technical steps of concluding the contract after registration: Customer places the selected product in the basket, submits delivery data then selects a payment option. After reviewing order data, the order is submitted by the Customer by accepting the Sales Conditions and clicking on the Buy button.

    2.9.5. Orders submitted online via the website can only be accepted and fulfilled by Nespresso if all fields on the registration and purchase pages are completey filled out by the Customer. Nespresso shall assume no liability whatsoever for any damages resulting from failure to do so, or for technical problems occurring during the process.

    2.9.6. All delivery, or other costs resulting from incorrect, or insufficient address data, or other information submitted shall be borne by Customers.

    2.9.7. By submitting an order, Customers accept the conditions of the contract of sale, and those of the Sales Conditions.

    2.9.8. The contract of sale concluded by the parties shall be regarded as a written contract, which shall be recorded and stored by Nespresso in order to fulfill its contents and Nespresso’s tax obligations defined by legislation. The contract of sale entered into by the parties shall be accessible in a form that allows Customers to view their preceding orders in their account and receive confirmation of the order and the invoice.

    2.9.9. Nespresso shall ensure that any mistakes made in entering data during the ordering process can be identified and corrected by Customers, by means of the „confirm order” panel.

    2.9.10. If in spite of due diligence displayed by Nespresso, an incorrect price, date, or offer in contradiction with the conditions of the promotion appears on the website – in particular a price of HUF "0" or "1" resulting from a system error, or any price that is significantly different from the generally known, or estimated price of the product, including a noticeably disproportionate price, Nespresso shall not be obliged to deliver the product at the incorrect price, but shall be entitled to offer delivery at the correct price, upon which client shall have the option to cancel the order. Clients shall be entitled to exercise this right without explanation.

The same applies to offers displayed incorrectly on the website by means of tools stored in the cache memory of the Nespresso mobile app, or of the browser (banners, messages) after the expiry of the official promotional conditions.

3.    Delivery

3.1. Nespresso shall only deliver orders submitted online, by email, or by telephone to addresses located within national borders.

3.2. Delivery of the products ordered shall be subject to a delivery fee payable by Customer with the exception of special cases defined herein, or in conditions applicable to promotional campaigns. Delivery fees applicable to specific orders shall be defined during ordering.

3.3. In case of Home Delivery, and Delivery to a Pick-Up Point the packages are delivered from Nespresso's central warehouse.
Nespresso warehouse: Gebrüder Weiss Szállítmányozási és Logisztikai Kft., 2310 - Szigetszentmiklós Leshegy út 12276/9

Current Nespresso delivery prices are available here:

https://www.Nespresso.com/hu/en/szolgaltatasok#/delivery/next-day-delivery

https://www.Nespresso.com/hu/en/szolgaltatasok#/customer-care/assistance-24-7

3.4. Home Delivery:

In case of home delivery the Customer shall have the option to select the date (depending on the place of delivery) of the delivery.

Nespresso shall attempt to deliver orders submitted and processed by 19.00 on working days for standard delivery – that is between 08.00-18.00 on working days (hereinafter: standard delivery) within 1 workday from the receipt of the orders, however Nespresso shall assume no liability for non-compliance with the above deadlines. Normal delivery charge is HUF 2490.

3.5. Delivery to a Pick-Up Point:

In case of deliveries to pick-up points Nespresso shall attempt to deliver orders submitted and processed by 18:00 on workdays within 1 workday for Budapest locations and within 2 workdays for regions outside of Budapest. However, Nespresso shall assume no liability for non-compliance with these deadlines.

In case of delivery to a pick-up point, customers shall be required to present proof of their identity (ID card, driver’s licence, passport) before signing receipt of the package, or in case the package is to be picked up by a different person from the addressee, title to the package shall be documented. This shall be affected by recording the number of the ID document presented by the persons taking delivery and the title stated on the delivery form signed by them. In case the package is picked up by a person different from the addressee, due authorization thereto signed by two witnesses shall also be presented to the person delivering the package, which shall be attached to the delivery form.

Pick-Up point delivery charge is HUF 1690.

3.6. Nespresso Boutique Pick-Up (Parcel Pick-Up at Nespresso Boutique):

In case of orders placed through the Nespresso website Boutique Pick-Up delivery mode is available to be chosen as the pick-up point of the parcel. This service is only available with bank card and/or gift card payment processed through the website.

For orders sent more than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready at the selected Nespresso Boutique 1 hour after placing the order. For orders sent less than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready to be picked-up next day at least 1 hour after the opening of the selected Boutique. The parcel can be picked-up with priority at the chosen Nespresso Boutique by choosing the "Boutique Pick-Up" option at the number drawing counter.

Boutique pick-up is free of charge. After making the order you will be required to collect your package within 1 week in the selected Boutique.

The Boutique Pick-Up service is not available in Nespresso Mini Boutiques and in Temporary Mini Boutiques (see section 2.1.2 for the current list of Mini Boutiques).

3.7. Nespresso reserves the right to change the terms of delivery.

3.8. Potentially arising delivery costs shall include VAT and are to be invoiced with the purchase price.

3.9. From 29. August 2022, orders of minimum HUF 5 000 submitted online via our website shall be delivered free of charge.

3.10. Customers shall verify that the package is intact upon delivery and if the package is damaged they shall refuse to take delivery of it and indicate the problem to Nespresso by calling 06-80-25-82-50.

3.11. Upon taking delivery by customers or persons acting in their place, all risk of loss, or damage to the package shall be transferred to customers.

3.12. In order to deliver orders on time, Nespresso strives to keep sufficient stocks of products. However, it is possible that stocks of certain products turn out to be insufficient for all deliveries to be executed on time. In such cases, Nespresso is entitled to affect partial deliveries, or to defer delivery. Any additional costs arising from additional deliveries shall be borne by Nespresso. Orders for products available in limited quantities (like Limited Edition, Special coffees, or certain accessories) can only be delivered as long as stocks allow.

4.    Handling of Complaints

4.1. Taking Delivery and Verification of Goods

    4.1.1. In case of an incomplete delivery, or failure to deliver the goods, Nespresso shall deliver a substitute product of identical value, or shall credit the amount paid to the customer’s account – as chosen by customers – or shall reimburse amounts already received to the bank account of the customer, within 14 workdays.

    4.1.2. Subsequent to taking deliver of the goods, the Customer shall be obliged to verify the quantity of the delivered product(s) and their intactness and shall be entitled to inform Nespresso of any shortcomings or damages in the following manner: within 7 days of taking delivery by giving the invoice number, a short description of the complaint and a copy of the consignment note in an email addressed to Nespresso (hungary@Nespresso.com) or a postal letter mailed to the address of Nespresso. Nespresso shall investigate complaints within 2 workdays and inform the Customer of the findings. No complaints submitted beyond the above deadline shall be accepted.

    4.1.3. Complaints may be filed at the government offices listed below:

http://jarasinfo.gov.hu/

An online dispute resolution platform launched by the European Commission:

https://webgate.ec.europa.eu/odr

4.2. Returning Products

Nespresso shall only accept the return of products in case of incomplete or damaged delivery as defined in section 4.1; if its guarantee, product liability or warranty obligations as detailed in section 11 stand, and in case of cancellation as per sections 10.4 and 10.5. The Customer shall return the products in their original packaging in case of incomplete or damaged delivery, and in their unopened original packaging in case of order cancellation. In case products are returned (sent back) in line with the relevant provisions, the invoiced amount plus arising delivery costs are to be credited to the customer’s account within 14 days at the latest. In the cases detailed above the return of the products - with the exception of cases regulated in sections 10.4 and 10.5 - shall be organized by Nespresso upon the Customer's request, and the costs of returning shall be borne by Nespresso.

4.3. Complaints Management

The Customer may indicate his complaints regarding Nespresso products and services by phone, by calling a toll free number 06-80-25-82-80 or number +36-1-413-5800 from abroad; electronically at https://www.Nespresso.com/hu/en/kapcsolat; personally at any Nespresso Boutique

Nespresso shall strive to provide a comprehensive response to the complaint as soon as possible: it shall confirm receipt of the customer complaint within 2 workdays and give a final and comprehensive response within 14 workdays. Nespresso shall primarily respod to complaints via e-mail or by phone, unless that is not possible or the customer filing the complaint had explicitly requested a different form of communication. Nespresso may contact the Customer prior to its response in order to investigate the complaint, by using the contact data given by the Customer.

4.4. Possibility of Turning to a Conciliation Panel in Case of Consumer Complaints:

Conciliation panel. The Customer may initiate conciliation panel proceedings at the conciliation panel working alongside the competent professional association in the interests of reaching a peaceful settlement of the legal dispute related to the conclusion or execution of the contract. In case of arbitration panel proceedings co-operation with the arbitration panel is mandatory.

The Conciliation Panel for Nespresso's official seat:

    Name: Budapesti Békéltető Testület [Budapest Conciliation Panel]

    Address: 1016 Budapest, Krisztina krt. 99.

    Phone number: (1) 488-2131

    Fax number: (1) 488-2186

    E-mail address: bekelteto.testulet@bkik.hu

Nespresso shall consider the conciliation panel's decision as a recommendation. The Customer may still opt for court proceedings following the Conciliation Panel proceedings.

The national list of arbitration panels can be found at the following link:

https://bekeltetes.hu/

4.5. Use of the EU Online Dispute Resolution Platform

In the event that you were unable to settle your complaint during the complaint management procedure described in section 4.3, you may also submit it via the EU online dispute resolution platform ("ODR platform".

This platform allows consumers and vendors to try to settle their disputes arising from online purchases outside of court. The interactive website can be accessed in all official languages of the EU and its use is free of charge. Through the use of the ODR platform the consumer-customer and the vendor-service provider may agree on selecting a dispute resolution panel to find a remedy to the consumer's complaint.

The ODR platform is accessible at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

5.     Prices and invoicing

5.1. The currently applicable prices of Nespresso products are accessible: by phone (06 80 2582 80), or on the www.Nespresso.com website. The prices indicated on the website are always gross prices plus VAT. The prices indicated on the website are valid until cancelled or changed. Product images and stock information on the website are for information purposes only and may differ from the actual product. Nespresso may unilaterally modify prices at any time. Except in the case of automatic reordering, the prices in force on the day the order is placed shall apply. In the case of an automatic reorder service, the prices in force on the day of receipt of the goods shall apply.

5.2. Invoices must contain VAT as a separate entry.

5.3. In case of home delivery the invoice is to be attached to the products ordered.

In case any of the commercial conditions pertaining to a good or product (i.e. price) shows a disproportional difference to the previously applied commercial conditions without the announcement of the changes in that commercial condition, Nespresso is entitled to refuse performance on the grounds of gross disparity of values exchanged or the lack of contractual will.

6.     Payment

6.1. With the exception of online payments using a Nespresso Gift Card or a bank card, and purchases made in Nespresso boutiques, the Customer shall pay the delivered goods in cash (or with a selected bank card, if this service is available) upon delivery of the products.

6.2. In case of purchases made in Nespresso Boutiques, payment can be made in cash, or using a Nespresso Gift Card, or any bank card accepted in Hungary (except Diners Club and JCB cards). In case of a cash payment in a Nespresso boutique, customers should check the change received on the spot, as we are unable to accept subsequent complaints.

6.3. In case of online orders, customers can pay using a bank card. In case of payment by bank card, this shall be affected via a VPOS terminal used by Nespresso. Section 7 contains the detailed terms and conditions for using online bank card payment services (VPOS services).

6.4. In case of automatic reorder, payment can be made in advance using a bank card, or cash on delivery.

6.5. All products shall remain the property of Nespresso until the invoice is paid in full.

7.     Conditions for Use of the VPOS Service

7.1. The VPOS service is available to customers inside and outside Hungary.

7.2. Bank cards accepted: VISA and MASTERCARD

7.3. In the course of payment by bank card, the price of the products ordered is to be debited to the card holder’s account in HUF.

7.4. In case of payment using the VPOS system, the customer’s bank card shall only be debited with the price after online confirmation of the purchase.

7.5. Upon using the VPOS service, the price of the products ordered is paid electronically, by means of a bank card, after confirmation of the order.

7.6. Nespresso shall bear no liability for any damages arising from incorrect data, or incorrectly filled out orders submitted by customers.

7.7. Any problems detected by customers regarding the VPOS service should be reported using the 06 80 2582 80 toll free phone number or the hungary@Nespresso.com e-mail address. Nespresso shall review all reports and complaints within 3 workdays, and customers shall be informed of findings using the channel used for reporting the complaints. Nespresso keeps a record of reported problems and complaints. Nespresso shall immediately take steps to remedy any problems reported by customers, which are subject to its liability and are found to be substantive.

7.8. Payments by bank card shall take place via the Adyen N.V. and EVO Payments International server. The server operator shall take all necessary technical measures to ensure that customers’ banking data remain secure and inaccessible to unauthorized parties.

8.     Recycling of Used Capsules

Nespresso capsules are made of aluminium which can be recycled infinitely. Nespresso has established a system of its own for collecting and recycling used capsules. Customers may return their used capsules to any Nespresso Boutique, or order used capsule pick-up by courier when submitting an order online, or by telephone for delivery to home address. During the recycling of returned capsules, aluminium and grounds are separated, with grounds being composted, and aluminium going to production facilities.

Customers shall ensure that only original Nespresso capsules or other capsules made of aluminium are contained in the collection bag.

By using this service, Customers shall undertake to refrain from any claims against Nespresso in connection with the handing over of used capsules.

Customers shall be able to return used capsules as follows:

8.1. Returning Used Capsules to Nespresso Boutiques:

This service is free of charge and not linked to any purchase.
Capsules to be returned should be placed in sealed collection bags in the containers located in the Boutiques.

Customers may return used capsules at any time during business hours of the Boutiques, but the number of capsules returned per day may not exceed 500.

8.2. Home Delivery with Pick-Up of Used Capsules

In case of home delivery, Customers are entitled to return used capsules subject to the conditions below.

This service is available free of charge, but subject to ordering new products with used capsule pick-up. This service is available in case of standard delivery between 8.00-18.00. and in case of morning (7.00-9.00) and afternoon (17.00-20.00) delivery services.

In case of ordering online from the webshop, the "Used Capsule Return option" should be clicked and the time of delivery should be selected.

In case of ordering by telephone, used capsule pick-up should be ordered verbally upon submitting the order for products.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

8.3. Disposal of used capsules at collection points
In the event of delivery to a pick-up point, the Buyer is entitled to deliver used Nespresso capsules under the following conditions.

Use of the service is free of charge, but is subject to ordering a product. For orders of the webshop or by phone, we will automatically attach the label required for return.
Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

9. Privacy

9.1.1 Nespresso collects, processes, or forwards Customers’ personal data to any third parties in possession of their prior written consent or by legitimate interest, and in some cases (eg. billing) in compliance with legal regulations. By finalizing registration, Customers accepts Nespresso's Privacy Policy, that their submitted data will be handled by Nespresso and disclosed to persons participating in the execution of orders, and for compliance with its sales Conditions and applicable legal provisions.

For further details on data processing, please consult the Nespresso Privacy Policy available at www.Nespresso.com under "Legal Notice" (https://www.Nespresso.com/hu/en/jogi-feltetelek).

9.1.2 Only persons over the age of 18 may register for the online shop.

9.1.3 Nestlé calls on Buyers to provide their registered data accurately and to cooperate in keeping it up to date. Nestlé shall not be liable for any claims from Buyers or third parties arising from incorrectly or inaccurately provided data or data that is no longer up-to-date (e.g. in the event of a change of delivery address).

9.1.4 The name and contact details of the Hosting Provider:

GLOBAL HEADQUARTERS
Nestlé S.A.
Avenue Nestlé 55,
1800 Vevey, Switzerland

9.2. Operation of Surveillance Camera System

Nespresso operates surveillance cameras in the following Boutiques to protect human life, physical security and property; to recognize, disclose, investigate, prevent or abort such possible unlawful acts. The camera regulations for the individual Boutiques are available in the given boutiques and under the "Data Protection" point on the www.Nespresso.com website.
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház utca 2-6. (Mammut Mall)
- Nespresso Mini Boutique at 1123 Budapest, Alkotás utca 53. (Mom Park)
- Nespresso Mini Boutique at 1062 Budapest, Váci út 1-3. (Westend Mall)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
9.3. Data Processing

Nespresso may disclose and forward data to the following data processors for data processing and marketing activities:
- Wavemaker Hungary Kft. - 1123 Budapest, Alkotás u. 53.
- Gebrüder Weiss Szállítmányozási és Logisztikai Kft. - 2310 Szigetszentmiklós, Leshegy Ipari park 12276/9; Leshegyi út, Prologis épület 9.
- DHL Express Hungary Kft. 1097 Budapest, Fehérakác u. 3.
- Express One Kft. 1239 Budapest, Európa u. 12.
- Sprinter Futárszolgálat kft. 1097 Budapest, Táblás utca 39.
- Magyar Posta Zrt. 1138 Budapest, Dunavirág u. 2-6.
- Kantar Hoffmann Kft: 1052, Budapest, Vitkovics Mihály utca 9.
- TNS Sofres, Paris: 3. Avenue Pierre Masse, FR-75014, Paris, France
- IPSOS France SAS: 35. Rue du Val de Marne, FR-75628 Paris CEDEX 13, France
- Nestlé Operational Services Worldwide S.A.: Route de Buyére 4 CH-1030 Bussigny-Prés Lausanne, Switzerland
- Salecycle Limited: DH4 5RA Houghton le Spring, Chase House, Rainton Bridge Business Park, United Kingdom
Photel Support Services , 1134 Budapest, Róbert Károly krt. 70-74. may use the data for customer service activities.

9.4. Rights of data subjects

9.4.1. The Customer is entitled to request information about his data managed by the data processo at any time, as well as to request the correction, deletion of his data or to withdraw his approval in compliance with section 9.1 at any time without charge or limitation, at Nespresso Boutiques or by calling 06 80 2582 80 or via e-mail to hungary@Nespresso.com.

9.4.2. In the event that the Customer's personal data management rights are in any way infringed, the latter may seek the following remedies
9.4.3. Nespresso shall use the financial and branch data acquired in the course of online payment and ordering process exclusively for executing the transaction approved by the card holder Customer. Nespresso shall assume no liability for any damages arising from unauthorized use of customers’ passwords by third parties. Payment by bank card shall be affected via the Adyen N.V. and EVO Payments International server, without Nespresso seeing or storing the banking data required for completing the transaction, and shall assume no liability for any unauthorized use of such data.

9.5. Cookies

We use cookies upon your visits to the www.Nespresso.com website and our webshop. These files provide us information on the user's website visiting habits, but do not store personal information. Our Cookie Policy is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

By visiting the www.Nespresso.com website or the webshop, our visitors consent to the monitoring of their user habits and that we display customized advertisements with the aid of programs and tools defined in the Cookie Policy. Our policy for remarketing activities is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

10. Information on Liability for Defects, Product Liability, and Warranty:

Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and Government Decree No 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. ), Nespresso informs its Customers, as consumers, of the warranty of accessories, product warranty, guarantee and right of withdrawal applicable to coffee machines, frothers and other accessories and digital goods.

10.1. Liability for Defects

In what cases can claims under liability for defects by filed by customers?

In case of non-contractual performance by Nestlé Hungária Kft. Nespresso division, Customers may file a claim under liability for defects against the company, as defined in the Civil Code.

What rights do customers have under liability for defects?

Depending on their choice, Customers may exercise the following rights under liability for defects:

They may request the product to be replaced, or repaired, except when such a request is physically impossible, or would cause disproportionately high additional costs compared to other options. In case replacement or repair is not requested, or cannot be requested, customers may request the counter value to be adjusted proportionately, or they may undertake to correct, or have the defect corrected at the cost of the seller, or may – as a last resort – cancel the sales contract.

Customers may change their minds regarding the right to be exercised in connection with liability for defects, but all costs of such a change shall be borne by the Customer, except when such a change is justified, or is the result of an action by the seller.

What is the deadline for claims under liability for defects to be filed by Customers?

Customers shall immediately report any defects detected, but in no case later than within two months. At the same time, it should be stressed that no claims under liability for defects can be filed after more than two years from performance of the contract.

Who should claims under liability for defects be addressed to?

The Customer may file claim compensation for defects from Nestlé Hungária Kft. Nespresso division.

What other preconditions exist for claims under liability for defects to be filed?

Within six months of performance of the sales contract, there is no other precondition of filing a claim under liability for defects apart from reporting the defect, if customers can document that the product has been delivered by Nestlé Hungária Kft. Nespresso division. However, after six months from performance of the sales contract, customers shall be required to prove that the defect detected already existed at the time of performance.

10.2. Product liability

In what cases can claims under product liability be filed by customers?

In case of a faulty product, customers may exercise their rights defined above, or file a claim under product liability, as they choose, directly to the manufacturer for products with no warranty, if 2 years have not yet lapsed from the products' date of sale.

What rights do customers have under product liability?

Customers may only request repair, or replacement of the non-contractual product under product liability.

In what cases can a product be regarded defective?

Products are defective, if they do not comply with the quality standards applicable at the time of sale, or with the features in the description provided by the manufacturer.

What is the deadline for claims under product liability to be filed by customers?

Claims under product liability can be filed within two years of the product being sold by the manufacturer. After this deadline, no such claims can be filed.

Who should claims under product liability be addressed to and what other preconditions of filing such a claim exist?

Claims under product liability can only be addressed to the manufacturer, or distributor of the product.
In case of a claim under product liability, customers shall be required to prove that the product has been non-contractual.

10.3. Warranty

The provisions defined in the warranty booklet attached to the Nespresso machine by the manufacturer, or distributor shall be applicable, with the warranty provided by the manufacturer, or distributor defined therein.

In what cases can customers exercise their warranty rights?

In case of non-contractual performance, Nestlé Hungária Kft. Nespresso division has a warranty obligation for Nespresso milk frothers according to Government decree no. 151/2003 (IX.22.) and Government decree no. 270/2020 (Vi. 12) about mandatory warranty for durable consumer goods. For coffee machines, warranty obligations shall be performed by the manufacturer or distributor defined in the warranty booklet.

What rights do customers have under warranty, and what deadlines are applicable?

Consumers’ rights under warranty (consumers may exercise the following rights according to their choice, in case of a defect subject to warranty):

to have the product repaired, or replaced (except, when this is impossible, or would result in disproportionately high extra costs compared to a reduction or reimbursement of the price),

a proportionate reduction in the price, repair of the defect at the expense of the seller, cancellation of the contract of sale, with the exception of insignificant defects (reimbursement of the price).

In the course of repair, only new parts may be used in the product subject to repair.

Customers are only entitled to a price reduction, a repair at the expense of the seller, or reimbursement of the price, if the seller declined to have the product repaired, replaced, or is unable to do so with regard to the properties and the Customer’s expected function of the product within a reasonable deadline, or the consumer no longer has an interest in having the product repaired, or replaced.

Place and deadline for exercising customers’ rights under warranty:

Customers may exercise their rights under warranty within 24 months of delivery of the product. The time used for repair when customers are unable to use the product for its intended function shall not be included in this 24 month period.

In case customers wish to have the product replaced within three working days of the purchase, owing to a defect, the seller shall replace the product, if the defect prevents the Customer from using it according to its intended purpose. If Nespresso offers a price reduction or refund instead of replacing the product, it shall do so in the form of a bank transfer within 14 days from receiving the Customer's notification.

Sellers shall have the repair or replacement completed within a suitable deadline. Sellers shall be exempted from this deadline, if they prove that they have done everything in their power under the given circumstances to have the repair or replacement completed within a suitable deadline.

Customers’ rights under warranty may be exercised with the seller, or its right for repair may be exercised directly with the repair service defined in the warranty booklet.

Further details are available in the warranty booklet.

When are sellers relieved of their warranty obligations?

Sellers are only exempted from their warranty obligations, if they prove that the cause of the defect appeared subsequently to performance of the contract of sale.

It should be stressed that simultaneous claims under liability for defects and product liability cannot be filed at the same time for the same defect. Nevertheless, customers are entitled to their rights arising from warranty, irrespective of the rights defined within the scope of liability for defects and product liability.

10.4. Right to Cancel the Contract of Sale

   10.4.1. Under the present Conditions of Sale, the natural person (not a corporate buyer) may cancel the contract of sale for coffee machines, Nespresso milk frothers, unopened boxes of coffee capsules and unopened boxes of cookies, chocolate, candy and other Nespresso accessories without justification, within 14 days in case of orders submitted on the www.Nespresso.com website, our mobile applications, by phone or via an iPad in our partner shops. The right to cancel the contract of sale does not apply to purchases made in Nespresso Boutiques or bought by not natural person.

   10.4.2. The deadline for the right to cancel the contract of sale lapses after 14 days from the date the Customer or the person acting in his name takes delivery of the product.

   10.4.3. In case customers wish to exercise their right to cancel the contract of sale, they shall be required to deliver a clear declaration of their intent thereto ( for example by mail, telefax, or E-mail) to the following address:

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso division:
    E-mail: hungary@Nespresso.com
    By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
    By fax: send it to 06 80 2580 80 free of charge

They may also use the sample form “cancellation of contract of sale” attached as annex no. 1 for this purpose.

   10.4.4. The right to cancel the contract of sale will be exercised in time, provided the declaration thereof is sent before the deadline defined above.

   10.4.5. The Customer is also entitled to exercise his right of cancellation between the date of concluding the contract and the date of product delivery.

   10.4.6. The Customer shall be obliged to prove that he exercised his right of cancellation or termination in compliance with legal regulations.

10.5. Legal Effects of Cancellation

   10.5.1. In case Customers cancel this contract of sale, all forms of payment affected by them shall be returned immediately, but under no circumstances later than within 14 days of receiving their declaration thereof, including delivery costs (except for extra costs resulting from customer choosing another form of delivery different from the cheapest offered by us, such as the postal charges of returning a product). For the reimbursement of payments, we will use the same method of payment as used for the original payment, except if customers explicitly approve another method of payment, which will result in no extra cost for them. Cases where payment is made to the courier upon delivery of the package shall be exempted from the above. In such cases, refunds shall be paid via bank transfer.

   10.5.2. We hereby inform Customers, that we are entitled to delay reimbursements until the product subject to reimbursement is returned to us.

   10.5.3. Returning Products

Customers shall return the product to us without unreasonable delay, within 14 days of communicating their intent thereto at the latest. This deadline shall be met, if the product is sent to us before expiry of the 14 day deadline.

Upon returning products, please seal the package securely and please indicate the original order number to enable clear identification.

Return Address:

Gebrüder Weiss Hungary Kft. Nespresso raktár

Prologis épület 9.

Leshegy Ipari Park

Leshegyi út hrsz. 12276/9

Szigetszentmiklós

2310

Personal returning address:

Nespresso Boutique Árkád

1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Bevásárlóközpont)

   10.5.4. The direct costs of returning a product shall be borne by the Customer. The Customer shall be responsible for ensuring that the product is returned intact. Nespresso shall not be held liable for damages suffered during the return transport.

   10.5.5. In case of cancellation, the Customer shall be liable for impairment caused by use exceeding attempts to establish the nature, features and operation of the product.

10.6. Returning Products - only in case of products purchased in Nespresso Boutiques

Returning products to the Boutiques is possible under the following conditions (except for warranty, product liability and liability for defects):
- The scope of products: all machines and accessories; this option is not open to food products (coffee, cookies, chocolate, candy).
- The product can only be returned within 1 month of the date of purchase, after showing the original purchase invoice.
- Products can only be returned to the place of purchase, the same Boutique where they were originally purchased.
- Upon returning a product, we can offer in store credit for the value indicated on the original invoice, however we are unable to refund the purchase price. If upon product replacement the Customer chooses a product with a higher effective price than the previously purchased item - even if the product is the same - the price difference is to be paid by the Customer.
- if the product packaging is intact and complete
- if the product had not been used
The Boutique staff shall check and decide whether these conditions are met.

For food safety reasons, we are not able to accept the return of food products (coffee, cookies, candy, chocolate) - outside the scope of liability for defects or product liability - even if the product and the packaging are intact and complete.

VAT inclusive invoices may only be modified on the date of such request and with the actual modification date indicated, at the place of original purchase. The original invoice must be handed over for an invoice modification.

11. Miscellaneous Provisions

11.1. Nespresso hereby informs its Customers that the company follows the Hungarian Code of Advertising Ethics. The Code is available at the following link: http://www.ort.hu/hu/kodex/elszo .

11.2. We recommend the use of these browsers for the www.Nespresso.com/hu/en website operated by Nespresso: Google Chrome (newest version) Mozilla Firefox (version 3, or higher) Apple Safari (version 3 or higher) or Internet Explorer (version 8 or higher).

We recommend use of any Mozilla Firefox or Google Chrome version, or the default browser of Android phones and Safari for the site optimized for mobile phones.

11.3. Nespresso uses state-of-the-art technology and protection to keep user data safe.

12. Applicable Law

Hungarian law shall be applicable with regard to the provisions contained herein. Provisions of the Civil Code and other legal provisions in effect shall be applicable to the issues not subject to these Sales Conditions. The parties agree that in case of any legal disputes arising from this legal relationship – when the competence of Budapest Környéki Törvényszék or Fővárosi Törvényszék cannot be determined, they accept the competence of Budai Központi Kerületi Bíróság or Székesfehérvári Törvényszék, depending on value.

13. Nespresso & YOU membership program

These terms and conditions of membership shall be applicable to the Nespresso & YOU Membership program.

These terms and conditions of membership constitute part of the terms and conditions of sales applied by Nestlé Hungária Kft. Nespresso division. Regarding issues not regulated by these terms and conditions of membership, the terms and conditions of sale shall be observed and applied with the deviations defined in the terms and conditions of membership.

According to the Nespresso & YOU membership program, only the individuals and legal entities acting as customers shall become members, who complete their purchases from Nespresso outside the scope of their profession, occupation or business activities, and are eligible for membership under these terms and conditions of membership. Persons under the age of 18 shall not be eligible for membership.

13.1. What is the Nespresso & YOU Membership Program?

Nespresso (referred to as: „us” in this text) operates a customer loyalty program under the name Nespresso & YOU Membership Program.

All our registered members, or those registering after the date defined under this point, who meet the conditions defined herein, shall become members of the Nespresso & YOU.

Three levels of membership exist under this program. Each level is dependent on the duration of membership and the quantity of capsules purchased. Purchases of capsules shall be completed via the www.Nespresso.com web site, or using mobile apps, or by telephone, or in one of the Nespresso Boutiques, with the customer identifying himself/herself according to the applicable conditions. The different levels of membership are described in detail under point 13.3.

These conditions of membership shall be applicable from 22 February, 2022. until being revoked.

13.2. How can you participate in the Nespresso & YOU Membership Program?

Your membership in the Nespresso & YOU Membership Program shall commence with the first purchase of coffee capsules through one of the Nespresso channels as an identified member. In case of membership existing prior to the effectiveness of the Nespresso & YOU Membership Program defined under point 1., membership shall be valid from the date of the first coffee capsule purchase registered with Nespresso. Customers who do not meet these membership conditions shall not be able to participate in the loyalty program in spite of registering.

In case you meet the conditions of participation in the loyalty program, your membership shall commence with your successful registration in a Nespresso Boutique, or with the Nespresso call centre, or at the www.Nespresso.com web site, or using a mobile app. and your first invoiced purchase of coffee capsules. In case of successful registration, you’ll receive a membership number from us. If you are already a member, the date of your first coffee purchase from Nespresso shall be deemed the first day of your membership.

In case you had already been a Nespresso member prior to the effectiveness of these conditions of membership defined under point 13.1., the precondition of your participation in the Nespresso & YOU Membership Program is that you made at least one invoiced purchase of coffee capsules from Nespresso in the 12 months prior to the commencement of the program. (with the exception of customers subject to the Grace period offer defined under point 13.5.).

Please, keep your membership number and password confidential. Only one individual, or legal entity shall hold a specific membership number.

Nespresso shall not bear any liability whatsoever for any damages, or loss of data resulting from you sharing your membership number and password, or their use by unauthorized persons.

Your personal data shall be used in accordance with the provisions of the Nespresso Data Privacy Policy.

By accepting these conditions of membership, and providing your personal data, you shall accept the contents of the Data Privacy Policy. The Data Privacy Policy can be found here: https://www.Nespresso.com/hu/hu/adatvedelem.

13.3. Levels of the Nespresso & YOU Membership Program

Three levels of membership exist in the Nespresso & YOU Program. Each level shall be calculated by combining the duration of membership and the quantity of capsules purchased. Capsule purchases are calculated per the 12 month periods between anniversaries, the so called membership year.

Anniversaries shall be interpreted as the month (not day) when the first purchase of Nespresso coffee was made.

The duration of membership shall be interpreted as the number of complete years when at least one invoiced purchase was made, elapsing since the first coffee purchase.

Levels of membership in the Nespresso & YOU program:
- Connoisseur: Customers who purchased less than 720 capsules in the 12 months between the last two anniversaries, and their first invoiced purchase of coffee capsules was made 0-4 years ago.
For example, our member will be a Connoisseur, if his/her first purchase of coffee capsules was made 2 years ago in August, and since then 600 capsules have been purchased annually between 01. August and 31. July of the next year.
- Expert: Customers who purchased between 720 – 1080 capsules in the 12 months between the last two anniversaries and/or heir first invoiced purchase of Nespresso capsules was made 5-9 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Expert, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 900 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made 8 years ago in August, and since then a total of 300 capsules have been purchased annually between 01. August and 31. July of the next year.
- Ambassador: Customers who purchased over 1080 capsules in the 12 months between the last two anniversaries and/or their first invoiced purchase of Nespresso capsules was made longer than 10 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Ambassador, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 1 200 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made11 years ago in August, and since then a total of 200 capsules have been purchased annually between 01. August and 31. July of the next year.

You can access the length of your membership and the quantity of capsules purchased by calling the Nespresso Boutiques, on the www.Nespresso.com web site, or under My account in the menu, after signing in using our mobile apps.

In case you make no invoiced capsule purchases for a period of 12 months, your participation in the Nespresso & YOU program shall be terminated - although your membership number will remain valid – and you will not be able to take advantage of the benefits of the loyalty program in the future. Participation in the Nespresso & YOU program can recommence with a new coffee purchase. In this case, the quantity of coffee capsules purchased will determine the new level of membership, with the new 12 month period (membership year) beginning with the month of the new purchase and the length of your membership will also be calculated from this month - (with the exception of customers subject to the Grace period offer defined under point 13.5.).

In terms of determining membership levels and participation in the loyalty program, only quantities of coffee capsules bought during purchases containing coffee capsules shall be taken into account as follows:
- Coffee capsules purchased shall be interpreted as coffee capsules invoiced and delivered according to a valid order
- Orders revoked/returned for any reason whatsoever shall be deducted
Tasting sets received upon the purchases of coffee machines shall not be regarded as purchases of coffee capsules. No free product samples, promotional gifts, or capsules received as compensation from Nespresso shall be regarded as purchases. The date of purchase shall be the day of delivery in all cases.

13.4. Benefits of membership

According to the loyalty program, benefits and discounts based on membership level come with Nespresso & YOU membership.

Membership levels:
- Connoisseur: Free delivery, Coffee machine maintenance program, Masterclass
- Expert: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother
- Ambassador: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother, Coffee machine replacement program, Priority purchase from our exclusive coffees, VIP events
Free delivery: If you purchase coffee capsules via the www.Nespresso.com web site, mobile apps, or by telephone and all orders over HUF 12 000 shall be delivered free of charge. This offer shall apply to normal deliveries.

Coffee machine maintenance program: In order to produce a perfect coffee experience, your coffee machine should undergo regular maintenance. By removing scale regularly, the lifecycle of your coffee machine can be extended substantially. After the 500th capsule purchased in a given year of club membership, you will receive a free descaling kit (1 x 100 ml). Each club member is entitled to max. 1 free descaling kit in a membership year. On each anniversary of club membership, the number of capsules purchased is reset and the counting of capsules restarts.

We’ll provide a replacement coffee machine for our members for the duration of servicing during the complete two year warranty period and in the period following the expiry of the warranty period, if their coffee machines are registered with us. For our Ambassador and Expert members, replacement machines are available including delivery free of charge during the complete two year warranty period. For our Connoisseur members, a replacement machine shall be available for HUF 990, with HUF 3 250 charged for delivery both ways.

Following the expiry of the warranty period, our Ambassador and Expert members will continue two receive replacement coffee machines free of charge. For our Connoisseur members, replacement coffee machines will be available for a charge of HUF 990, if they require one. A uniform fee of HUF 3.250 will be charged for delivery each way following the expiry of the warranty period on all membership levels.

Masterclass: Attend our exclusive coffee tasting events, and discover the world of coffee with the help of our experts. The dates of coffee tasting events can be found at the www.Nespresso.com web site. Attending the events is free of charge, but subject to registering in advance. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any Masterclass event, regardless of their membership status.

Extra 15% discount for accessories, sweets: Have you been longing for a Nespresso cup for a long time? Would you like to taste our sweets? For a total of six purchases annually, we’ll grant you an extra 15% discount from the price of our accessories and sweets.

The discount shall be applicable to purchases of the following products: Nespresso cups, glasses, spoons, capsule dispensers, Travel mug, used capsule cage, coffee machine parts and sweets. Maximum 5 Nespresso accessories, or sweets can be purchased at the discounted price upon a single order/purchase with one membership registration in one membership year, or the discount can be used for maximum 6 purchases in a membership year. The 15% price discount cannot be applied simultaneously with other promotional offers for accessories. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

20% discount for Aeroccino4 milk frother: Latte macchiato, or cappuccino? Buy an Aeroccino4 milk frother at 20% discount. The discount cannot be converted to other products, or cash. The discount shall apply to one Aeroccino4 milk frother, in a specific membership year, with one registration, upon a single purchase. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers for milk frothers sold by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

Coffee machine replacement program: Would you like to replace your old Nespresso coffee machine? Buy at least 500 Nespresso coffee capsules in a single order and choose a Nespresso Original Line Citiz or any higher priced machine from the Original Line at a 50% discount. Or, buy at least 200 Nespresso coffee capsules in a single order and choose a Nespresso Vertuo Next or any higher priced machine from the Vertuo Line at a 50% discount.

The offer only applies to Original Line Citiz and Nespresso Vertuo Next or higher priced coffee machines when purchased together with 500 or 200 capsules.

Maximum one Nespresso coffee machine can be purchased in one membership year, with one registration, with the conditions of the above offer. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Ambassador members.

Priority purchase of our exclusive coffees: Be the first to by our special, limited edition coffees available only via the Nespresso & YOU program. Priority purchase shall apply for a period of at least two weeks following the introduction of the coffees. Priority purchase shall only be available for our Ambassador club members.

VIP events: Attend our exclusive events to learn more about the world of coffee, gastronomy and art. Attending our events is subject to registration and might be subject to a fee in some cases. Only our Ambassador members may register. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any VIP event, regardless of their membership status.

13.5. Termination of Membership

You are entitled to terminate your membership anytime, in a notice sent by mail, or e-mail (hungary@Nespresso.com) or by telephone call to our freephone number: 06 80 2582 80.

We are entitled to terminate your membership by written notice, in case you violate any of the above provisions, or abuse the benefits offered by our program.

Upon three months’ notice, we shall be entitled to amend or terminate this program anytime. We shall be entitled to amend or terminate this program anytime without three months’ notice, if that is required by a legal provision of the applicable law.

Annex No. 1 - Sample Declaration of Cancellation of Sale

Please, only fill out and return it to us if you wish to cancel/terminate the contract of sale.

To: Nespresso

Email: hungary@Nespresso.com
Telephone: 06 80 CLUB 80 number (06 80 2582 80)

I/We, the undersigned hereby declare that we exercise our right of cancellation with regard to the contract of sale concerning the following product/s:
Date of the contract/delivery:
Customers’ name:
Customers’ address:
Customers’ signature: (on printed declaration only)
Date:

Last modified: 29.08.2022
The Sales Conditions defined herein shall be applicable to all orders submitted to the Nespresso division of Nestlé Hungária Kft. online, by telephone, telefax or personally at a Nespresso boutique. The conditions defined herein shall constitute part of all other agreements. By submitting an order, customers (hereinafter: Customers) shall acknowledge that they have read, understood and unconditionally accepted the Sales Conditions contained herein.

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso Division of Nestlé Hungária Kft.:

Nespresso mailing address for business purposes: 1123 Budapest, Alkotás utca 53. MOM park "A" Irodaépület, 3. emelet
Telephone, customer services: 06 80 2582 80
E-mail: hungary@Nespresso.com
Fax: 06 80 2580 80

Nestlé Hungária Kft. mailing address and company seat: 1095 Budapest, Lechner Ödön fasor 7.;

Corporate Reg. No.: Fővárosi Törvényszék Cégbírósága:   01-09-267926

Tax ID No.: 10571086-2-44

(hereinafter referred to as: „Nespresso”)

1.    General Provisions

1.1. The following provisions shall only be applicable to orders submitted to the Nespresso division of Nestlé Hungária Kft. (hereinafter: „ Nespresso”).
1.2. Nespresso reserves the right to unilaterally amend or change these provisions at any time.

2.    Orders and In Store Shopping

2.1. Orders may be submitted as follows:

    2.1.1. Using delivery service – via Nespresso
- Website: please, visit the www.Nespresso.com website, browse our offers, then order the selected product(s)
- Mobile applications: please, download our mobile app to you iOS or Android smartphone
- By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
- By telefax: please, send a telefax message to the 06 80 2580 80 number free of charge
2.1.2. POS purchase in Nespresso Boutiques:
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház u. 2-6. (Mammut Shopping and Recreational Center)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- 1123 Budapest, Alkotás utca 53. at 1123 Budapest, Alkotás u. 53. (MOM Park)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
- Nespresso Mini Boutique at 1062, Budapest, Váci út 3. (Westend)
- Nespresso Mini Boutique at 1115 Budapest, Etele út 68. (Etele Plaza)
Please visit the following website for Nespresso Boutique opening hours: https://www.Nespresso.com/hu/en/uzletkereso

2.2 We would like to inform you that purchases / orders made on the www.Nespresso.com website, via mobile applications, by telephone or in our Boutiques are subject to maximum monthly order quantity limits, the terms of which are determined by Nespresso at its sole discretion.

2.3. Automatic Reorder Services:

Our automatic reorder service allows Customers to place orders automatically according to their defined frequency and quantity, with automatic invoicing until authorization of automatic reorder is cancelled by Customers.

Automatic reorder is available upon ordering through the website, in the Boutiques or by telephone.

The settings of Automatic reorder, particularly frequency of delivery and quantity may be altered by the customer at any time free of charge.

Should any product be unavailable for delivery owing to a shortage of stock, or any other reason, products not subject to such limitation shall be delivered on schedule as confirmed, except if the Customer chooses to exercise the right of cancellation in regard of the complete order. In case delivery is accepted by the Customer with the limitations indicated above, only the price and delivery charge payable for the products actually delivered shall be invoiced.

The service is only available for online bank card payments and cash on delivery.

2.4. Nespresso hereby informs its Customers that upon submitting orders by Customer, a contract of sale is entered into by Customers and Nespresso for a definite term, which shall remain in effect until the conditions defined therein are fulfilled completely. Nespresso hereby informs its Customers that such contracts entered into for a definite term shall under no conditions be transformed into contracts for an indefinite term.

2.5. Pursuant to the contract of sale entered into by Customers and Nespresso, Customers shall be obliged to take delivery of and pay for the products ordered, after such orders have been submitted Customers shall fulfil their obligations under the contract by such acceptance of delivery and payment. Accordingly, the shortest term for performance of Customer’s obligations is the date when such obligations are fulfilled.

2.6. Nespresso is entitled to refuse orders in case previous invoices have not been settled by the customer, or in case payment of the invoices within the due date cannot be guaranteed according to Nespresso.

2.7. The prices listed on the website always include VAT, which shall remain in effect until termination, or change. The product photos and inventory data on the website is for information only, and may not be identical to current inventory. Nespresso retains the right to unilaterally change its prices at any given time. With the exception of automatic reorder services, the prices effective on the date of submitting the order shall prevail. In case of automatic reorder services, the prices effective on the date of taking delivery of the products shall prevail.

2.8. Confirmation of Orders:
- In case of orders submitted online: automatic confirmation will be sent by Nespresso
- In case of orders submitted by telephone: immediate confirmation during the conversation
- In case of orders submitted by telefax: confirmation will be sent by Nespresso within 1 workday
- In case of automatic reorder, conformation will be sent by e-mail 3 days prior to delivery with the precise time of delivery, the contents of the basket, the price and delivery fee payable, and notice of any items that cannot be delivered owing to a shortage of stock, or any reason whatsoever.
2.9. Special Conditions of Purchase for Online Orders Via the Website

    2.9.1. In the course of registering on our website, Customers shall be required to provide valid, complete and truthful data in the fields to be filled out on a mandatory basis. In case of any changes in your address, or other personal data, please inform Nespresso immediately, by modifying your data on the personal data page, or by contacting Nespresso using the 06-80-25-82-80 phone number.
When using the online bank card acceptance service provided by Nespresso, you might be required to fill out another online registration form before commencing payment. In order to avoid any potential problems related to payment, please check the accuracy of your personal data. Nespresso shall assume no liability whatsoever for any incorrect performance resulting from incorrect data submitted.

    2.9.2. You shall be required to create a password when registering on our website. This password should be treated strictly confidentially and must not be shared with, or communicated to anyone else. You shall bear full liability for using your password, and the orders submitted with your password, even if it is used without your knowledge. In case you are aware, or have any suspicion of any unauthorized person gaining knowledge of your password, or of using it, you must inform Nespresso immediately by calling 06-80-25-82-80.

    2.9.3. By selecting and ordering a product on the www.Nespresso.com website (hereinafter: website), or using our mobile app, a contract of sale is entered into by Customers and Nespresso, after clicking on Hungary, to which the provisions of orders, confirmation, the present Sales Conditions, the Conditions for Use of the www.Nespresso.com website and the Nespresso Privacy Policy shall all be applicable.

    2.9.4. Technical steps of concluding the contract after registration: Customer places the selected product in the basket, submits delivery data then selects a payment option. After reviewing order data, the order is submitted by the Customer by accepting the Sales Conditions and clicking on the Buy button.

    2.9.5. Orders submitted online via the website can only be accepted and fulfilled by Nespresso if all fields on the registration and purchase pages are completey filled out by the Customer. Nespresso shall assume no liability whatsoever for any damages resulting from failure to do so, or for technical problems occurring during the process.

    2.9.6. All delivery, or other costs resulting from incorrect, or insufficient address data, or other information submitted shall be borne by Customers.

    2.9.7. By submitting an order, Customers accept the conditions of the contract of sale, and those of the Sales Conditions.

    2.9.8. The contract of sale concluded by the parties shall be regarded as a written contract, which shall be recorded and stored by Nespresso in order to fulfill its contents and Nespresso’s tax obligations defined by legislation. The contract of sale entered into by the parties shall be accessible in a form that allows Customers to view their preceding orders in their account and receive confirmation of the order and the invoice.

    2.9.9. Nespresso shall ensure that any mistakes made in entering data during the ordering process can be identified and corrected by Customers, by means of the „confirm order” panel.

    2.9.10. If in spite of due diligence displayed by Nespresso, an incorrect price, date, or offer in contradiction with the conditions of the promotion appears on the website – in particular a price of HUF "0" or "1" resulting from a system error, or any price that is significantly different from the generally known, or estimated price of the product, including a noticeably disproportionate price, Nespresso shall not be obliged to deliver the product at the incorrect price, but shall be entitled to offer delivery at the correct price, upon which client shall have the option to cancel the order. Clients shall be entitled to exercise this right without explanation.

The same applies to offers displayed incorrectly on the website by means of tools stored in the cache memory of the Nespresso mobile app, or of the browser (banners, messages) after the expiry of the official promotional conditions.

3.    Delivery

3.1. Nespresso shall only deliver orders submitted online, by telephone, or by telefax, to addresses located within national borders.

3.2. Delivery of the products ordered shall be subject to a delivery fee payable by Customer with the exception of special cases defined herein, or in conditions applicable to promotional campaigns. Delivery fees applicable to specific orders shall be defined during ordering.

3.3. In case of Home Delivery, Same Day Delivery, and Delivery to a Pick-Up Point the packages are delivered from Nespresso's central warehouse.
Nespresso warehouse: Gebrüder Weiss Szállítmányozási és Logisztikai Kft.

3.4. Home Delivery:

In case of home delivery the Customer shall have the option to select the date (depending on the place of delivery) of the delivery.

Nespresso shall attempt to deliver orders submitted and processed by 19.00 on working days for standard delivery – that is between 08.00-18.00 on working days (hereinafter: standard delivery) within 1 workday from the receipt of the orders, however Nespresso shall assume no liability for non-compliance with the above deadlines. Normal delivery charge is HUF 1290.

Please, note that timeslot delivery between 07:00 – 09:00 and 17:00 – 20:00 on weekdays and same day delivery are no longer be available from 1. April 2021.

3.5. Delivery to a Pick-Up Point:

In case of deliveries to pick-up points Nespresso shall attempt to deliver orders submitted and processed by 18:00 on workdays within 1 workday for Budapest locations and within 2 workdays for regions outside of Budapest. However, Nespresso shall assume no liability for non-compliance with these deadlines.

In case of delivery to a pick-up point, customers shall be required to present proof of their identity (ID card, driver’s licence, passport) before signing receipt of the package, or in case the package is to be picked up by a different person from the addressee, title to the package shall be documented. This shall be affected by recording the number of the ID document presented by the persons taking delivery and the title stated on the delivery form signed by them. In case the package is picked up by a person different from the addressee, due authorization thereto signed by two witnesses shall also be presented to the person delivering the package, which shall be attached to the delivery form.

Pick-Up point delivery charge is HUF 890.

3.6. Nespresso Boutique Pick-Up (Parcel Pick-Up at Nespresso Boutique):

In case of orders placed through the Nespresso website Boutique Pick-Up delivery mode is available to be chosen as the pick-up point of the parcel. This service is only available with bank card and/or gift card payment processed through the website.

For orders sent more than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready at the selected Nespresso Boutique 1 hour after placing the order. For orders sent less than 1 hour before the closing time of the chosen Nespresso Boutique, the parcel will be ready to be picked-up next day at least 1 hour after the opening of the selected Boutique. The parcel can be picked-up with priority at the chosen Nespresso Boutique by choosing the "Boutique Pick-Up" option at the number drawing counter.

Boutique pick-up is free of charge. After making the order you will be required to collect your package within 1 week in the selected Boutique.

The Boutique Pick-Up service is not available in Nespresso Mini Boutiques and in Temporary Mini Boutiques (see section 2.1.2 for the current list of Mini Boutiques).

3.7. Nespresso reserves the right to change the terms of delivery.

3.8. Potentially arising delivery costs shall include VAT and are to be invoiced with the purchase price.

3.9. From 17. March 2021, orders of minimum HUF 12 000 submitted online via our website shall be delivered free of charge. This offer is applicable only to deliveries within Hungary.

3.10. Customers shall verify that the package is intact upon delivery and if the package is damaged they shall refuse to take delivery of it and indicate the problem to Nespresso by calling 06-80-25-82-50.

3.11. Upon taking delivery by customers or persons acting in their place, all risk of loss, or damage to the package shall be transferred to customers.

3.12. In order to deliver orders on time, Nespresso strives to keep sufficient stocks of products. However, it is possible that stocks of certain products turn out to be insufficient for all deliveries to be executed on time. In such cases, Nespresso is entitled to affect partial deliveries, or to defer delivery. Any additional costs arising from additional deliveries shall be borne by Nespresso. Orders for products available in limited quantities (like Limited Edition, Special coffees, or certain accessories) can only be delivered as long as stocks allow.

3.13. If several items were purchased, the consumer is only entitled to a delivery charge refund proportionate to the value of the product affected by cancellation.

4.    Handling of Complaints

4.1. Taking Delivery and Verification of Goods

    4.1.1. In case of an incomplete delivery, or failure to deliver the goods, Nespresso shall deliver a substitute product of identical value, or shall credit the amount paid to the customer’s account – as chosen by customers – or shall reimburse amounts already received to the bank account of the customer, within 8 workdays.

    4.1.2. Subsequent to taking deliver of the goods, the Customer shall be obliged to verify the quantity of the delivered product(s) and their intactness and shall be entitled to inform Nespresso of any shortcomings or damages in the following manner: within 7 days of taking delivery by giving the invoice number, a short description of the complaint and a copy of the consignment note in an email addressed to Nespresso (hungary@Nespresso.com) or a postal letter mailed to the address of Nespresso. Nespresso shall investigate complaints within 2 workdays and inform the Customer of the findings. No complaints submitted beyond the above deadline shall be accepted.

    4.1.3. Complaints may be filed at the government offices listed below:https://www.Nespresso.com/ecom/medias/sys_master/public/10671272624158/Jarasi-hivatalok-2018.03.12.pdf

4.2. Returning Products

Nespresso shall only accept the return of products in case of incomplete or damaged delivery as defined in section 4.1; if its guarantee, product liability or warranty obligations as detailed in section 11 stand, and in case of cancellation as per sections 10.4 and 10.5. The Customer shall return the products in their original packaging in case of incomplete or damaged delivery, and in their unopened original packaging in case of order cancellation. In case products are returned (sent back) in line with the relevant provisions, the invoiced amount plus arising delivery costs are to be credited to the customer’s account within 14 days at the latest. In the cases detailed above the return of the products - with the exception of cases regulated in sections 10.4 and 10.5 - shall be organized by Nespresso upon the Customer's request, and the costs of returning shall be borne by Nespresso.

4.3. Complaints Management

The Customer may indicate his complaints regarding Nespresso products and services by phone, by calling a toll free number 06-80-25-82-80 or number +36-1-413-5800 from abroad; by fax to number 06-80-25-80-80; electronically at https://www.Nespresso.com/hu/en/kapcsolat; personally at any Nespresso Boutique

Nespresso shall strive to provide a comprehensive response to the complaint as soon as possible: it shall confirm receipt of the customer complaint within 2 workdays and give a final and comprehensive response within 14 workdays. Nespresso shall primarily respod to complaints via e-mail or by phone, unless that is not possible or the customer filing the complaint had explicitly requested a different form of communication. Nespresso may contact the Customer prior to its response in order to investigate the complaint, by using the contact data given by the Customer.

4.4. Possibility of Turning to a Conciliation Panel in Case of Consumer Complaints:

Conciliation panel. The Customer may initiate conciliation panel proceedings at the conciliation panel working alongside the competent professional association in the interests of reaching a peaceful settlement of the legal dispute related to the conclusion or execution of the contract. In case of arbitration panel proceedings co-operation with the arbitration panel is mandatory.

The Conciliation Panel for Nespresso's official seat:

    Name: Budapesti Békéltető Testület [Budapest Conciliation Panel]

    Address: 1016 Budapest, Krisztina krt. 99.

    Phone number: (1) 488-2131

    Fax number: (1) 488-2186

    E-mail address: bekelteto.testulet@bkik.hu

Nespresso shall consider the conciliation panel's decision as a recommendation. The Customer may still opt for court proceedings following the Conciliation Panel proceedings.

The national list of arbitration panels can be found at the following link: https://www.Nespresso.com/ecom/medias/sys_master/public/10671273115678/Bekelteto-testuletek-2018.03.12.pdf

4.5. Use of the EU Online Dispute Resolution Platform

In the event that you were unable to settle your complaint during the complaint management procedure described in section 4.3, you may also submit it via the EU online dispute resolution platform ("ODR platform".

This platform allows consumers and vendors to try to settle their disputes arising from online purchases outside of court. The interactive website can be accessed in all official languages of the EU and its use is free of charge. Through the use of the ODR platform the consumer-customer and the vendor-service provider may agree on selecting a dispute resolution panel to find a remedy to the consumer's complaint.

The ODR platform is accessible at:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HU

5.     Prices and invoicing

5.1. The currently applicable prices of Nespresso products are accessible: by phone (06 80 2582 80), or on the www.Nespresso.com website. The prices valid on the day of submitting orders shall be applicable in all cases. Automatic reorder services are excepted, as in these cases the prices effective on the date of taking delivery of the order shall prevail.

5.2. Invoices must contain VAT as a separate entry.

5.3. In case of home delivery the invoice is to be attached to the products ordered.

In case any of the commercial conditions pertaining to a good or product (i.e. price) shows a disproportional difference to the previously applied commercial conditions without the announcement of the changes in that commercial condition, Nespresso is entitled to refuse performance on the grounds of gross disparity of values exchanged or the lack of contractual will.

6.     Payment

6.1. With the exception of online payments using a Nespresso Gift Card or a bank card, and purchases made in Nespresso boutiques, the Customer shall pay the delivered goods in cash (or with a selected bank card, if this service is available) upon delivery of the products.

6.2. In case of purchases made in Nespresso Boutiques, payment can be made in cash, or using a Nespresso Gift Card, or any bank card accepted in Hungary (except Diners Club and JCB cards). In case of a cash payment in a Nespresso boutique, customers should check the change received on the spot, as we are unable to accept subsequent complaints.

6.3. In case of online orders, customers can pay using a bank card. In case of payment by bank card, this shall be affected via a VPOS terminal used by Nespresso. Section 7 contains the detailed terms and conditions for using online bank card payment services (VPOS services).

6.4. In case of automatic reorder, payment can be made in advance using a bank card, or cash on delivery.

6.5. All products shall remain the property of Nespresso until the invoice is paid in full.

7.     Conditions for Use of the VPOS Service

7.1. The VPOS service is available to customers inside and outside Hungary.

7.2. Bank cards accepted: VISA and MASTERCARD

7.3. In the course of payment by bank card, the price of the products ordered is to be debited to the card holder’s account in HUF.

7.4. In case of payment using the VPOS system, the customer’s bank card shall only be debited with the price after online confirmation of the purchase.

7.5. Upon using the VPOS service, the price of the products ordered is paid electronically, by means of a bank card, after confirmation of the order.

7.6. Nespresso shall bear no liability for any damages arising from incorrect data, or incorrectly filled out orders submitted by customers.

7.7. Any problems detected by customers regarding the VPOS service should be reported using the 06 80 2582 80 toll free phone number or the hungary@Nespresso.com e-mail address. Nespresso shall review all reports and complaints within 3 workdays, and customers shall be informed of findings using the channel used for reporting the complaints. Nespresso keeps a record of reported problems and complaints. Nespresso shall immediately take steps to remedy any problems reported by customers, which are subject to its liability and are found to be substantive.

7.8. Payments by bank card shall take place via the EVO Payments International server. The server operator shall take all necessary technical measures to ensure that customers’ banking data remain secure and inaccessible to unauthorized parties.

8.     Recycling of Used Capsules

Nespresso capsules are made of aluminium which can be recycled infinitely. Nespresso has established a system of its own for collecting and recycling used capsules. Customers may return their used capsules to any Nespresso Boutique, or order used capsule pick-up by courier when submitting an order online, or by telephone for delivery to home address. During the recycling of returned capsules, aluminium and grounds are separated, with grounds being composted, and aluminium going to production facilities.

Customers shall ensure that only original Nespresso capsules are contained in the collection bag.

By using this service, Customers shall undertake to refrain from any claims against Nespresso in connection with the handing over of used capsules.

Customers shall be able to return used capsules as follows:

8.1. Returning Used Capsules to Nespresso Boutiques:

This service is free of charge and not linked to any purchase.
Capsules to be returned should be placed in sealed collection bags in the containers located in the Boutiques.

Customers may return used capsules at any time during business hours of the Boutiques, but the number of capsules returned per day may not exceed 500.

8.2. Home Delivery with Pick-Up of Used Capsules

In case of home delivery, Customers are entitled to return used capsules subject to the conditions below.

This service is available free of charge, but subject to ordering new products with used capsule pick-up. This service is available in case of standard delivery between 8.00-18.00. and in case of morning (7.00-9.00) and afternoon (17.00-20.00) delivery services.

In case of ordering online from the webshop, the "Used Capsule Return option" should be clicked and the time of delivery should be selected.

In case of ordering by telephone, used capsule pick-up should be ordered verbally upon submitting the order for products.

Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

8.3. Disposal of used capsules at collection points
In the event of delivery to a pick-up point, the Buyer is entitled to deliver used Nespresso capsules under the following conditions.

Use of the service is free of charge, but is subject to ordering a product. For orders of the webshop or by phone, we will automatically attach the label required for return.
Customers may only return used capsules in original collection bags available from Nespresso free of charge (with orders, or in Boutiques), with the return label received with the products ordered placed on the collection bag.

Only one collection bag may be returned upon receipt of a single order, and only at the time of delivery.

9. Privacy

9.1. Nespresso collects, processes, or forwards Customers’ personal data to any third parties in possession of their prior written consent, and in some cases (eg. billing) in compliance with legal regulations. By finalizing registration, Customers accept that their submitted data will be handled by Nespresso and disclosed to persons participating in the execution of orders, and for compliance with its sales Conditions and applicable legal provisions.

Nespresso shall handle the personal identification data and residential addresses for the purposes of concluding contracts for rendering of services, defining, modifying and monitoring the execution of the contents thereof, invoicing the fees arising therefrom and claiming the related receivables. (For example issuing invoices)

Nespresso may manage personal identification data, addresses, as well as data pertaining to the time, duration and location of services engaged for the purpose of invoicing fees arising from contracts to render services. (For example issuing invoices)

In addition to the above, Nespresso may also manage personal identification data that are technically essential to the rendering of its services while performing its services. (For example contact information and data pertaining to the coffee machine, such as date of purchase and serial number, upon rendering of repair services.)

Nespresso processes Customer purchase related data (such as address, purchased products, method, place and time of purchase) based on the Customer's prior consent to improve its own service efficiency.

9.2. Operation of Surveillance Camera System

Nespresso operates surveillance cameras in the following Boutiques to protect human life, physical security and property; to recognize, disclose, investigate, prevent or abort such possible unlawful acts. The camera regulations for the individual Boutiques are available in the given boutiques and under the "Data Protection" point on the www.Nespresso.com website.
- Nespresso Boutique at 1061 Budapest, Andrássy út 27.
- Nespresso Boutique at 1117 Budapest, Október Huszonharmadika utca 8-10. (Allee Mall)
- Nespresso Boutique at 9027 Győr, Budai út 1. (Árkád Győr Mall)
- Nespresso Boutique at 1024 Budapest, Lövőház utca 2-6. (Mammut Mall)
- Nespresso Mini Boutique at 1123 Budapest, Alkotás utca 53. (Mom Park)
- Nespresso Mini Boutique at 1062 Budapest, Váci út 1-3. (Westend Mall)
- Nespresso Boutique at 1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Mall)
9.3. Data Processing

Nespresso may disclose and forward data to the following data processors for data processing and marketing activities:
- Wavemaker Hungary Kft. - 1123 Budapest, Alkotás u. 53.
- Gebrüder Weiss Szállítmányozási és Logisztikai Kft. - 2310 Szigetszentmiklós, Leshegy Ipari park 12276/9; Leshegyi út, Prologis épület 9.
- DHL Express Hungary Kft. 1097 Budapest, Fehérakác u. 3.
- Express One Kft. 1239 Budapest, Európa u. 12.
- Sprinter Futárszolgálat kft. 1097 Budapest, Táblás utca 39.
- Magyar Posta Zrt. 1138 Budapest, Dunavirág u. 2-6.
- Kantar Hoffmann Kft: 1052, Budapest, Vitkovics Mihály utca 9.
- TNS Sofres, Paris: 3. Avenue Pierre Masse, FR-75014, Paris, France
- IPSOS France SAS: 35. Rue du Val de Marne, FR-75628 Paris CEDEX 13, France
- Nestlé Operational Services Worldwide S.A.: Route de Buyére 4 CH-1030 Bussigny-Prés Lausanne, Switzerland
- Salecycle Limited: DH4 5RA Houghton le Spring, Chase House, Rainton Bridge Business Park, United Kingdom
Photel Kommunikációs Zrt. 1094 Budapest, Berzenczey u. 9. may use the data for customer service activities.

9.4. Data Management

9.4.1. Customers may give their explicit consent to their personal data being entered into the Nestlé Hungária Kft (Nespresso) data base, and used – until receipt of a notice of withdrawal from them - for marketing activities by Nestlé Hungária Kft. Nespresso division,the Nestlé Group, including Nespresso SA., or for market research and direct sales purposes as defined in Act CXIX of 1995 on disclosure of names and addresses for the purpose of research, without further approval being obtained thereto, or payment. By giving their consent, Customers also accept advertising materials being delivered to them by means of mail, electronic mail, or other communication of equal value – text messages. Data shall be provided on a voluntary basis and shall always take place after proper information had been given.

9.4.2. The Customer is entitled to request information about his data managed by the data processo at any time, as well as to request the correction, deletion of his data or to withdraw his approval in compliance with section 9.1 at any time without charge or limitation, at Nespresso Boutiques or by calling 06 80 2582 80 or via e-mail to hungary@Nespresso.com.

9.4.3. In the event that the Customer's personal data management rights are in any way infringed, the latter may seek the following remedies
9.4.4. Nespresso shall use the financial and branch data acquired in the course of online payment and ordering process exclusively for executing the transaction approved by the card holder Customer. Nespresso shall assume no liability for any damages arising from unauthorized use of customers’ passwords by third parties. Payment by bank card shall be affected via the EVO Payments International server, without Nespresso seeing or storing the banking data required for completing the transaction, and shall assume no liability for any unauthorized use of such data.

9.4.5. Nespresso's Privacy Policy, which includes further details on the handling of data are available under the „Legal Issues” menu of the Nespresso.com website (https://www.Nespresso.com/hu/en/jogi-feltetelek).

9.4.6. Only persons over the age of 18 may register in the webshop.

9.4.7. Nestlé requests that Customers give their registered data correctly and to cooperate in keeping them up to date. Nestlé shall not be liable for damages to Customers or third persons arising from inaccurate data given by the Customers, or for non-updated data (ie. change of delivery address).

9.4.8. Name of contact information for host service provider:

GLOBAL HEADQUARTERS
Nestlé S.A.
Avenue Nestlé 55,
1800 Vevey, Switzerland

9.5. Cookies

We use cookies upon your visits to the www.Nespresso.com website and our webshop. These files provide us information on the user's website visiting habits, but do not store personal information. Our Cookie Policy is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

By visiting the www.Nespresso.com website or the webshop, our visitors consent to the monitoring of their user habits and that we display customized advertisements with the aid of programs and tools defined in the Cookie Policy. Our policy for remarketing activities is available at the following link: https://www.Nespresso.com/hu/en/jogi-feltetelek.

10. Information on Liability for Defects, Product Liability, and Warranty:

Government Decree No 45/2014 (II.26.) on the detailed rules of contracts between consumers and businesses and Government Decree No 373/2021 (VI.30.) on the detailed rules of contracts between consumers and businesses for the sale of goods, the supply of digital content and the provision of digital services. ), Nespresso informs its Customers, as consumers, of the warranty of accessories, product warranty, guarantee and right of withdrawal applicable to coffee machines, frothers and other accessories and digital goods.

10.1. Liability for Defects

In what cases can claims under liability for defects by filed by customers?

In case of non-contractual performance by Nestlé Hungária Kft. Nespresso division, Customers may file a claim under liability for defects against the company, as defined in the Civil Code.

What rights do customers have under liability for defects?

Depending on their choice, Customers may exercise the following rights under liability for defects:

They may request the product to be replaced, or repaired, except when such a request is physically impossible, or would cause disproportionately high additional costs compared to other options. In case replacement or repair is not requested, or cannot be requested, customers may request the counter value to be adjusted proportionately, or they may undertake to correct, or have the defect corrected at the cost of the seller, or may – as a last resort – cancel the sales contract.

Customers may change their minds regarding the right to be exercised in connection with liability for defects, but all costs of such a change shall be borne by the Customer, except when such a change is justified, or is the result of an action by the seller.

What is the deadline for claims under liability for defects to be filed by Customers?

Customers shall immediately report any defects detected, but in no case later than within two months. At the same time, it should be stressed that no claims under liability for defects can be filed after more than two years from performance of the contract.

Who should claims under liability for defects be addressed to?

The Customer may file claim compensation for defects from Nestlé Hungária Kft. Nespresso division.

What other preconditions exist for claims under liability for defects to be filed?

Within six months of performance of the sales contract, there is no other precondition of filing a claim under liability for defects apart from reporting the defect, if customers can document that the product has been delivered by Nestlé Hungária Kft. Nespresso division. However, after six months from performance of the sales contract, customers shall be required to prove that the defect detected already existed at the time of performance.

10.2. Product liability

In what cases can claims under product liability be filed by customers?

In case of a faulty product, customers may exercise their rights defined above, or file a claim under product liability, as they choose, directly to the manufacturer for products with no warranty, if 2 years have not yet lapsed from the products' date of sale.

What rights do customers have under product liability?

Customers may only request repair, or replacement of the non-contractual product under product liability.

In what cases can a product be regarded defective?

Products are defective, if they do not comply with the quality standards applicable at the time of sale, or with the features in the description provided by the manufacturer.

What is the deadline for claims under product liability to be filed by customers?

Claims under product liability can be filed within two years of the product being sold by the manufacturer. After this deadline, no such claims can be filed.

Who should claims under product liability be addressed to and what other preconditions of filing such a claim exist?

Claims under product liability can only be addressed to the manufacturer, or distributor of the product.
In case of a claim under product liability, customers shall be required to prove that the product has been non-contractual.

10.3. Warranty

The provisions defined in the warranty booklet attached to the Nespresso machine by the manufacturer, or distributor shall be applicable, with the warranty provided by the manufacturer, or distributor defined therein.

In what cases can customers exercise their warranty rights?

In case of non-contractual performance, Nestlé Hungária Kft. Nespresso division has a warranty obligation for Nespresso milk frothers according to Government decree no. 151/2003 (IX.22.) about mandatory warranty for durable consumer goods. For coffee machines, warranty obligations shall be performed by the manufacturer or distributor defined in the warranty booklet.

What rights do customers have under warranty, and what deadlines are applicable?

Consumers’ rights under warranty (consumers may exercise the following rights according to their choice, in case of a defect subject to warranty):

to have the product repaired, or replaced (except, when this is impossible, or would result in disproportionately high extra costs compared to a reduction or reimbursement of the price),

a proportionate reduction in the price, repair of the defect at the expense of the seller, cancellation of the contract of sale, with the exception of insignificant defects (reimbursement of the price).

In the course of repair, only new parts may be used in the product subject to repair.

Customers are only entitled to a price reduction, a repair at the expense of the seller, or reimbursement of the price, if the seller declined to have the product repaired, replaced, or is unable to do so with regard to the properties and the Customer’s expected function of the product within a reasonable deadline, or the consumer no longer has an interest in having the product repaired, or replaced.

Place and deadline for exercising customers’ rights under warranty:

Customers may exercise their rights under warranty within 24 months of delivery of the product. The time used for repair when customers are unable to use the product for its intended function shall not be included in this 24 month period.

In case customers wish to have the product replaced within three working days of the purchase, owing to a defect, the seller shall replace the product, if the defect prevents the Customer from using it according to its intended purpose. If Nespresso offers a price reduction or refund instead of replacing the product, it shall do so in the form of a bank transfer within 15 days from receiving the Customer's notification.

Sellers shall have the repair or replacement completed within a suitable deadline. Sellers shall be exempted from this deadline, if they prove that they have done everything in their power under the given circumstances to have the repair or replacement completed within a suitable deadline.

Customers’ rights under warranty may be exercised with the seller, or its right for repair may be exercised directly with the repair service defined in the warranty booklet.

Further details are available in the warranty booklet.

When are sellers relieved of their warranty obligations?

Sellers are only exempted from their warranty obligations, if they prove that the cause of the defect appeared subsequently to performance of the contract of sale.

It should be stressed that simultaneous claims under liability for defects and product liability cannot be filed at the same time for the same defect. Nevertheless, customers are entitled to their rights arising from warranty, irrespective of the rights defined within the scope of liability for defects and product liability.

10.4. Right to Cancel the Contract of Sale

   10.4.1. Under the present Conditions of Sale, the natural person (not a corporate buyer) may cancel the contract of sale for coffee machines, Nespresso milk frothers, unopened boxes of coffee capsules and unopened boxes of cookies, chocolate, candy and other Nespresso accessories without justification, within 14 days in case of orders submitted on the www.Nespresso.com website, our mobile applications, by phone or via an iPad in our partner shops. The right to cancel the contract of sale does not apply to purchases made in Nespresso Boutiques or bought by not natural person.

   10.4.2. The deadline for the right to cancel the contract of sale lapses after 14 days from the date the Customer or the person acting in his name takes delivery of the product.

   10.4.3. In case customers wish to exercise their right to cancel the contract of sale, they shall be required to deliver a clear declaration of their intent thereto ( for example by mail, telefax, or E-mail) to the following address:

Corporate Data and Contacts – Nespresso Division of Nestlé Hungária Kft.: Nespresso division:
    E-mail: hungary@Nespresso.com
    By phone: please, call the 24 hour 06 80 CLUB 80 number free of charge (06 80 2582 80)
    By fax: send it to 06 80 2580 80 free of charge

They may also use the sample form “cancellation of contract of sale” attached as annex no. 1 for this purpose.

   10.4.4. The right to cancel the contract of sale will be exercised in time, provided the declaration thereof is sent before the deadline defined above.

   10.4.5. The Customer is also entitled to exercise his right of cancellation between the date of concluding the contract and the date of product delivery.

   10.4.6. The Customer shall be obliged to prove that he exercised his right of cancellation or termination in compliance with legal regulations.

10.5. Legal Effects of Cancellation

   10.5.1. In case Customers cancel this contract of sale, all forms of payment affected by them shall be returned immediately, but under no circumstances later than within 14 days of receiving their declaration thereof, including delivery costs (except for extra costs resulting from customer choosing another form of delivery different from the cheapest offered by us, such as the postal charges of returning a product). For the reimbursement of payments, we will use the same method of payment as used for the original payment, except if customers explicitly approve another method of payment, which will result in no extra cost for them. Cases where payment is made to the courier upon delivery of the package shall be exempted from the above. In such cases, refunds shall be paid via bank transfer.

   10.5.2. We hereby inform Customers, that we are entitled to delay reimbursements until the product subject to reimbursement is returned to us.

   10.5.3. Returning Products

Customers shall return the product to us without unreasonable delay, within 14 days of communicating their intent thereto at the latest. This deadline shall be met, if the product is sent to us before expiry of the 14 day deadline.

Upon returning products, please seal the package securely and please indicate the original order number to enable clear identification.

Return Address:

Gebrüder Weiss Hungary Kft. Nespresso raktár

Prologis épület 9.

Leshegy Ipari Park

Leshegyi út hrsz. 12276/9

Szigetszentmiklós

2310

Personal returning address:

Nespresso Boutique Árkád

1106 Budapest, Örs vezér tere 25/A (Árkád Budapest Bevásárlóközpont)

   10.5.4. The direct costs of returning a product shall be borne by the Customer. The Customer shall be responsible for ensuring that the product is returned intact. Nespresso shall not be held liable for damages suffered during the return transport.

   10.5.5. In case of cancellation, the Customer shall be liable for impairment caused by use exceeding attempts to establish the nature, features and operation of the product.

10.6. Returning Products - only in case of products purchased in Nespresso Boutiques

Returning products to the Boutiques is possible under the following conditions (except for warranty, product liability and liability for defects):
- The scope of products: all machines and accessories; this option is not open to food products (coffee, cookies, chocolate, candy).
- The product can only be returned within 1 month of the date of purchase, after showing the original purchase invoice.
- Products can only be returned to the place of purchase, the same Boutique where they were originally purchased.
- Upon returning a product, we can offer in store credit for the value indicated on the original invoice, however we are unable to refund the purchase price. If upon product replacement the Customer chooses a product with a higher effective price than the previously purchased item - even if the product is the same - the price difference is to be paid by the Customer.
- if the product packaging is intact and complete
- if the product had not been used
The Boutique staff shall check and decide whether these conditions are met.

For food safety reasons, we are not able to accept the return of food products (coffee, cookies, candy, chocolate) - outside the scope of liability for defects or product liability - even if the product and the packaging are intact and complete.

VAT inclusive invoices may only be modified on the date of such request and with the actual modification date indicated, at the place of original purchase. The original invoice must be handed over for an invoice modification.

11. Miscellaneous Provisions

11.1. Nespresso hereby informs its Customers that the company follows the Hungarian Code of Advertising Ethics. The Code is available at the following link: http://www.ort.hu/hu/kodex/elszo .

11.2. We recommend the use of these browsers for the www.Nespresso.com/hu/en website operated by Nespresso: Google Chrome (newest version) Mozilla Firefox (version 3, or higher) Apple Safari (version 3 or higher) or Internet Explorer (version 8 or higher).

We recommend use of any Mozilla Firefox or Google Chrome version, or the default browser of Android phones and Safari for the site optimized for mobile phones.

11.3. Nespresso uses state-of-the-art technology and protection to keep user data safe.

12. Applicable Law

Hungarian law shall be applicable with regard to the provisions contained herein. Provisions of the Civil Code and other legal provisions in effect shall be applicable to the issues not subject to these Sales Conditions. The parties agree that in case of any legal disputes arising from this legal relationship – when the competence of Budapest Környéki Törvényszék or Fővárosi Törvényszék cannot be determined, they accept the competence of Budai Központi Kerületi Bíróság or Székesfehérvári Törvényszék, depending on value.

13. Nespresso & YOU membership program

These terms and conditions of membership shall be applicable to the Nespresso & YOU Membership program.

These terms and conditions of membership constitute part of the terms and conditions of sales applied by Nestlé Hungária Kft. Nespresso division. Regarding issues not regulated by these terms and conditions of membership, the terms and conditions of sale shall be observed and applied with the deviations defined in the terms and conditions of membership.

According to the Nespresso & YOU membership program, only the individuals and legal entities acting as customers shall become members, who complete their purchases from Nespresso outside the scope of their profession, occupation or business activities, and are eligible for membership under these terms and conditions of membership. Persons under the age of 18 shall not be eligible for membership.

13.1. What is the Nespresso & YOU Membership Program?

Nespresso (referred to as: „us” in this text) operates a customer loyalty program under the name Nespresso & YOU Membership Program.

All our registered members, or those registering after the date defined under this point, who meet the conditions defined herein, shall become members of the Nespresso & YOU.

Three levels of membership exist under this program. Each level is dependent on the duration of membership and the quantity of capsules purchased. Purchases of capsules shall be completed via the www.Nespresso.com web site, or using mobile apps, or by telephone, or in one of the Nespresso Boutiques, with the customer identifying himself/herself according to the applicable conditions. The different levels of membership are described in detail under point 13.3.

These conditions of membership shall be applicable from 22 February, 2022. until being revoked.

13.2. How can you participate in the Nespresso & YOU Membership Program?

Your membership in the Nespresso & YOU Membership Program shall commence with the first purchase of coffee capsules through one of the Nespresso channels as an identified member. In case of membership existing prior to the effectiveness of the Nespresso & YOU Membership Program defined under point 1., membership shall be valid from the date of the first coffee capsule purchase registered with Nespresso. Customers who do not meet these membership conditions shall not be able to participate in the loyalty program in spite of registering.

In case you meet the conditions of participation in the loyalty program, your membership shall commence with your successful registration in a Nespresso Boutique, or with the Nespresso call centre, or at the www.Nespresso.com web site, or using a mobile app. and your first invoiced purchase of coffee capsules. In case of successful registration, you’ll receive a membership number from us. If you are already a member, the date of your first coffee purchase from Nespresso shall be deemed the first day of your membership.

In case you had already been a Nespresso member prior to the effectiveness of these conditions of membership defined under point 13.1., the precondition of your participation in the Nespresso & YOU Membership Program is that you made at least one invoiced purchase of coffee capsules from Nespresso in the 12 months prior to the commencement of the program. (with the exception of customers subject to the Grace period offer defined under point 13.5.).

Please, keep your membership number and password confidential. Only one individual, or legal entity shall hold a specific membership number.

Nespresso shall not bear any liability whatsoever for any damages, or loss of data resulting from you sharing your membership number and password, or their use by unauthorized persons.

Your personal data shall be used in accordance with the provisions of the Nespresso Data Privacy Policy.

By accepting these conditions of membership, and providing your personal data, you shall accept the contents of the Data Privacy Policy. The Data Privacy Policy can be found here: https://www.Nespresso.com/hu/hu/adatvedelem.

13.3. Levels of the Nespresso & YOU Membership Program

Three levels of membership exist in the Nespresso & YOU Program. Each level shall be calculated by combining the duration of membership and the quantity of capsules purchased. Capsule purchases are calculated per the 12 month periods between anniversaries, the so called membership year.

Anniversaries shall be interpreted as the month (not day) when the first purchase of Nespresso coffee was made.

The duration of membership shall be interpreted as the number of complete years when at least one invoiced purchase was made, elapsing since the first coffee purchase.

Levels of membership in the Nespresso & YOU program:
- Connoisseur: Customers who purchased less than 720 capsules in the 12 months between the last two anniversaries, and their first invoiced purchase of coffee capsules was made 0-4 years ago.
For example, our member will be a Connoisseur, if his/her first purchase of coffee capsules was made 2 years ago in August, and since then 600 capsules have been purchased annually between 01. August and 31. July of the next year.
- Expert: Customers who purchased between 720 – 1080 capsules in the 12 months between the last two anniversaries and/or heir first invoiced purchase of Nespresso capsules was made 5-9 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Expert, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 900 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made 8 years ago in August, and since then a total of 300 capsules have been purchased annually between 01. August and 31. July of the next year.
- Ambassador: Customers who purchased over 1080 capsules in the 12 months between the last two anniversaries and/or their first invoiced purchase of Nespresso capsules was made longer than 10 years ago and had a valid coffee purchase at Nespresso in every membership year ever since.
For example, our member will be an Ambassador, if his/her first purchase of coffee capsules was made 3 years ago in August, and since then a total of 1 200 capsules have been purchased annually between 01. August and 31. July of the next year, or if the first capsule purchase was made11 years ago in August, and since then a total of 200 capsules have been purchased annually between 01. August and 31. July of the next year.

You can access the length of your membership and the quantity of capsules purchased by calling the Nespresso Boutiques, on the www.Nespresso.com web site, or under My account in the menu, after signing in using our mobile apps.

In case you make no invoiced capsule purchases for a period of 12 months, your participation in the Nespresso & YOU program shall be terminated - although your membership number will remain valid – and you will not be able to take advantage of the benefits of the loyalty program in the future. Participation in the Nespresso & YOU program can recommence with a new coffee purchase. In this case, the quantity of coffee capsules purchased will determine the new level of membership, with the new 12 month period (membership year) beginning with the month of the new purchase and the length of your membership will also be calculated from this month - (with the exception of customers subject to the Grace period offer defined under point 13.5.).

In terms of determining membership levels and participation in the loyalty program, only quantities of coffee capsules bought during purchases containing coffee capsules shall be taken into account as follows:
- Coffee capsules purchased shall be interpreted as coffee capsules invoiced and delivered according to a valid order
- Orders revoked/returned for any reason whatsoever shall be deducted
Tasting sets received upon the purchases of coffee machines shall not be regarded as purchases of coffee capsules. No free product samples, promotional gifts, or capsules received as compensation from Nespresso shall be regarded as purchases. The date of purchase shall be the day of delivery in all cases.

13.4. Benefits of membership

According to the loyalty program, benefits and discounts based on membership level come with Nespresso & YOU membership.

Membership levels:
- Connoisseur: Free delivery, Coffee machine maintenance program, Masterclass
- Expert: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother
- Ambassador: Free delivery, Coffee machine maintenance program, Masterclass, Extra 15% discount for accessories and sweets, 20% discount for Aeroccino4 milk frother, Coffee machine replacement program, Priority purchase from our exclusive coffees, VIP events
Free delivery: If you purchase coffee capsules via the www.Nespresso.com web site, mobile apps, or by telephone and all orders over HUF 12 000 shall be delivered free of charge. This offer shall apply to normal deliveries.

Coffee machine maintenance program: In order to produce a perfect coffee experience, your coffee machine should undergo regular maintenance. By removing scale regularly, the lifecycle of your coffee machine can be extended substantially. After the 500th capsule purchased in a given year of club membership, you will receive a free descaling kit (1 x 100 ml). Each club member is entitled to max. 1 free descaling kit in a membership year. On each anniversary of club membership, the number of capsules purchased is reset and the counting of capsules restarts.

We’ll provide a replacement coffee machine for our members for the duration of servicing during the complete two year warranty period and in the period following the expiry of the warranty period, if their coffee machines are registered with us. For our Ambassador and Expert members, replacement machines are available including delivery free of charge during the complete two year warranty period. For our Connoisseur members, a replacement machine shall be available for HUF 990, with HUF 2 490 charged for delivery both ways.

Following the expiry of the warranty period, our Ambassador and Expert members will continue two receive replacement coffee machines free of charge. For our Connoisseur members, replacement coffee machines will be available for a charge of HUF 990, if they require one. A uniform fee of HUF 2.490 will be charged for delivery each way following the expiry of the warranty period on all membership levels.

Masterclass: Attend our exclusive coffee tasting events, and discover the world of coffee with the help of our experts. The dates of coffee tasting events can be found at the www.Nespresso.com web site. Attending the events is free of charge, but subject to registering in advance. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any Masterclass event, regardless of their membership status.

Extra 15% discount for accessories, sweets: Have you been longing for a Nespresso cup for a long time? Would you like to taste our sweets? For a total of six purchases annually, we’ll grant you an extra 15% discount from the price of our accessories and sweets.

The discount shall be applicable to purchases of the following products: Nespresso cups, glasses, spoons, capsule dispensers, Travel mug, used capsule cage, coffee machine parts and sweets. Maximum 5 Nespresso accessories, or sweets can be purchased at the discounted price upon a single order/purchase with one membership registration in one membership year, or the discount can be used for maximum 6 purchases in a membership year. The 15% price discount cannot be applied simultaneously with other promotional offers for accessories. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

20% discount for Aeroccino4 milk frother: Latte macchiato, or cappuccino? Buy an Aeroccino4 milk frother at 20% discount. The discount cannot be converted to other products, or cash. The discount shall apply to one Aeroccino4 milk frother, in a specific membership year, with one registration, upon a single purchase. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers for milk frothers sold by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Expert and Ambassador members.

Coffee machine replacement program: Would you like to replace your old Nespresso coffee machine? Buy at least 500 Nespresso coffee capsules in a single order and choose a Nespresso Original Line Citiz or any higher priced machine from the Original Line at a 50% discount. Or, buy at least 200 Nespresso coffee capsules in a single order and choose a Nespresso Vertuo Next or any higher priced machine from the Vertuo Line at a 50% discount.

The offer only applies to Original Line Citiz and Nespresso Vertuo Next or higher priced coffee machines when purchased together with 500 or 200 capsules.

Maximum one Nespresso coffee machine can be purchased in one membership year, with one registration, with the conditions of the above offer. A difference between the discounted price and the invoice price cannot be credited to the customer’s account, or paid in cash. The discount cannot be applied simultaneously with other promotional offers by Nespresso. The discount shall be deducted from the price of the product, if other conditions are met, and it cannot be converted to other products or cash. The discount can be applied only to purchases made by our Ambassador members.

Priority purchase of our exclusive coffees: Be the first to by our special, limited edition coffees available only via the Nespresso & YOU program. Priority purchase shall apply for a period of at least two weeks following the introduction of the coffees. Priority purchase shall only be available for our Ambassador club members.

VIP events: Attend our exclusive events to learn more about the world of coffee, gastronomy and art. Attending our events is subject to registration and might be subject to a fee in some cases. Only our Ambassador members may register. The employees of Nestlé Hungária Ltd and their close relatives pursuant to section 8:1. § (1) 1. Os the Hungarian Civil Code are not allowed to participate in any VIP event, regardless of their membership status.

13.5. Termination of Membership

You are entitled to terminate your membership anytime, in a notice sent by mail, or e-mail (hungary@Nespresso.com) or by telephone call to our freephone number: 06 80 2582 80.

We are entitled to terminate your membership by written notice, in case you violate any of the above provisions, or abuse the benefits offered by our program.

Upon three months’ notice, we shall be entitled to amend or terminate this program anytime. We shall be entitled to amend or terminate this program anytime without three months’ notice, if that is required by a legal provision of the applicable law.

Annex No. 1 - Sample Declaration of Cancellation of Sale

Please, only fill out and return it to us if you wish to cancel/terminate the contract of sale.

To: Nespresso

Email: hungary@Nespresso.com
Telephone: 06 80 CLUB 80 number (06 80 2582 80)
Fax: 06 80 2580 80

I/We, the undersigned hereby declare that we exercise our right of cancellation with regard to the contract of sale concerning the following product/s:
Date of the contract/delivery:
Customers’ name:
Customers’ address:
Customers’ signature: (on printed declaration only)
Date:

Last modified: 28.05.2022
- Standard delivery: 2490 Ft
- Pick-up Point delivery: 1690 Ft
- Boutique Pick- Up: free
We would like to inform you that Nespresso will cover the shipping costs for online (via website or mobile application) and phone orders with a total amount of at least 10,000 HUF. For orders placed within the Coffee and Coffee Machine Bonus Program, Nespresso will cover the shipping costs for orders valued at least 5,000 HUF. The shipping costs for capsules ordered at a discount for coffee machines purchased from our partner stores will be covered by Nespresso, regardless of the value limit. The conditions for free shipping may vary during promotional periods. Nespresso will provide information about this in the terms of the respective promotion.
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