Terms and Conditions_en

Latest update: December 2024

 

1. Definitions

In these regulations:

1.1. "Nespresso" – Nespresso Israel Ltd.
1.2. "Consumer Protection Law" – the Consumer Protection Law, 1981 and the regulations promulgated thereunder.
1.3. "Website" – The website on which these terms and conditions are published, including any variation in which it is presented (including, but not limited to, browser and/or mobile versions).
1.4. "User" – Any individual utilizing the Website, whether on a regular or occasional basis, whether after completing a registration process or not.

2. General

2.1. This Website is intended for providing information about Nespresso products, for providing Nespresso announcements and updates to its customers and the general public, for registering as a customer of Nespresso, for purchasing from the variety of Nespresso products via the Internet, and for utilizing benefits and various entitlements offered by Nespresso to its customers from time to time.
2.2. These terms and conditions are formulated in the masculine singular, but they refer to both genders alike.
2.3. In any case of conflict or discrepancy, of any kind or nature, between the content of the Website and the provisions of these terms and conditions, the provisions of these terms and conditions shall prevail and apply. Furthermore, this Website may be presented by Nespresso in translations to various languages in addition to Hebrew. Therefore, it is clarified that the primary and official language in which the Website is operated, maintained, and managed is Hebrew. In any case where a conflict or discrepancy is found between the Hebrew version of the Website and any of its translations, whether within the Website itself or in any of the documents included therein, the Hebrew version shall take precedence..
2.4 Nespresso may change from time to time the terms of use of the Website and the terms of purchase of its products, and any other terms detailed on the Website (including terms and various documents referenced by these terms and conditions) and any change will take effect from the date of its publication. Any use of the Website shall constitute renewed agreement to these terms and conditions.
2.5 Use of the Website, including browsing and/or purchasing products by the User, constitutes confirmation that the User has read the provisions of these regulations and that he agrees to the provisions thereof, including any documents to which these terms and conditions refer.
2.6 Any purchase and use of the Website are subject, in addition to the provisions of these terms and conditions, to various specific provisions set forth in the accompanying documents detailed below, which regulate certain aspects of the Website's use, and the various services included therein. All the documents listed below constitute an integral part of the Website's terms and conditions and are binding on the User in every respect. By accepting these terms and conditions, each User confirms that they have read and approved the following documents and agree to be bound by their provisions. For convenience, each line includes a link directing to the relevant document/page on the Website:
2.7. Cancellation/Order Policy– This document outlines the terms and procedures under which cancellations of purchases made on the Website and within the Nespresso network will be carried out.
2.8. Terms of Benefit Programs – Any User purchasing coffee from Nespresso automatically becomes part of Nespresso's benefit program, subject to the terms outlined in the Benefit Program's  terms and conditions.
2.9. Privacy Policy – This document describes how we collect, use, and protect Users’ personal information, as well as Users’ rights regarding their privacy.
2.10. Delivery Policy  – This page details the types, terms, costs, and delivery times for shipments processed through the Website. The information provided on this page is supplementary to the details in Section 8 below.
2.11. Policy for Collecting Old Products from Customers  – This page outlines Nespresso’s procedures for collecting products in accordance with the Environmental Treatment of Electrical and Electronic Equipment and Batteries Law, 2012-5772.

 3. Intellectual Property

3.1. Nespresso is the sole and exclusive owner of all intellectual property rights related to the Website, including the Website’s domain name, its overall structure and design, the computer code used in its creation and operation, the services offered on the Website, and any content or information contained therein (including all text, graphics, software, photographs, and other images, videos, sounds, trademarks, and trade symbols). These rights will remain the sole property of Nespresso at all times ("Nespresso's Intellectual Property"). Nothing in these terms, or any document or provision on the Website, grants the User any rights concerning Nespresso's intellectual property as described above.
3.2. It is prohibited to copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works, sell, or lease any part of Nespresso's Intellectual Property, whether by the User or through or in collaboration with a third party, by any means or methods, whether electronic, mechanical, optical, photographic, or recording-based, or through any other means or methods, without prior written consent from Nespresso and subject to the terms of such consent (if granted). Additionally, it is prohibited to delete or tamper with any notification or mark related to intellectual property rights, such as copyright notices (©) or trademark symbols (®), associated with the various content or the Website itself.

 4. Marketing, Advertising and Referrals

4.1. The information provided to Nespresso by the User will be used, inter alia, for marketing, advertising, sending notices and messages and may also be provided to third parties working with Nespresso Israel. You can review Nespresso's Privacy Policy, published on the Website, for complete information regarding the nature of the use of the information you provide to Nespresso.
4.2. Nespresso reserves the right to include advertisements, sponsored content, and banners on the Website, which may be marked, highlighted, emphasized, or displayed in a special color, all at its discretion.
4.3. The Website may contain links to external websites or pages, including links created by advertisers on the Website. These links are provided solely for your convenience. The use of information or other content found on the external websites to which these links lead requires careful caution and examination. It is clarified that Nespresso has no control over or rights to the content found on these external websites. Furthermore, Nespresso assumes no responsibility if a User relies upon or takes action based on content found on these external websites. The presence of links within the Website should not be interpreted as a recommendation, preference, or endorsement of the materials, content, or products available on these external websites. Additionally, these links should not be construed as a guarantee of the reliability, accuracy, or completeness of the information they contain. By clicking on a link, you waive any claims, demands, or lawsuits against Nespresso for any damages, payments, or losses incurred (if any) as a result of reliance on or use of information found on these external websites.

 5. Product Sales Policy

5.1. Nespresso sells coffee products and related products only to its registered customers. Therefore, the purchase of coffee and related products will be possible only after registration as a Nespresso customer. One may register as a customer through the Website or through the customer support department via telephone number 03-9241334/1800-255-355/2500.
5.2. The User may use the Website only for personal and non-commercial purposes.
5.3. Nespresso does not sell its products to wholesalers and businesses that intend to resell them to customers. Therefore, Nespresso will be entitled to refuse to accept an order for products that are intended for resale to customers.
5.4. Nespresso shall be entitled to limit the quantity of products sold to a single customer, at its sole discretion. It is clarified that, as of this time, Nespresso limits sales through the Website to a quantity of 1,500 capsules per individual customer, whether in a single order or within a month.5.5. The supply of any product from the variety of products offered for sale by Nespresso is conditional on the availability of the product in stock at the time of placing the order.
5.6. With regard to new electrical, electronic, and gas products, including mechanical and electrical mechanisms in furniture, priced above 150 NIS and purchased for home and/or personal use, the provisions of the Consumer Protection Law and the Consumer Protection Regulations (Warranty and After-Sales Service), 2006 (the "Regulations") will apply. These products will be sold by Nespresso with at least a warranty in accordance with the legal requirements. The warranty terms will be detailed in the warranty certificate attached to each product. For more information regarding warranty terms for electrical products, please refer to the Warranty and Service Terms page.
5.7. After-sales service: If you encounter any problem, or have questions about the operation, maintenance or service of your product, please call Nespresso to consult and get help.
For detailed information on Nespresso's variety of service options, please contact us at 1800-255-355.
5.8. Without prejudice to Nespresso's rights in accordance with applicable law, in each of the cases listed below, Nespresso shall have the right to cancel the order and/or purchase made by a User on the Website, even if an order confirmation has already been provided:
5.8.1. In the case of a bona fide error in any of the information published on the Website regarding the product, including a typographical error or clerical mistake made by Nespresso in publishing the product's price or features.
5.8.2. In the case of suspension, delay, or malfunction in the proper operation of Nespresso (including its website), due to an event beyond Nespresso's control or due to a malfunction in the computer systems, phone system, or other communication systems serving Nespresso.
5.8.3. In the case where the User has not complied with the provisions of these terms and conditions, including the obligation to pay for the products ordered or in the event that the transaction was not approved by the User's credit card company.
5.8.4. In the case where the product is unavailable in stock for any reason.

An order canceled as described above will not entitle the User to any remedy other than the refund of the payment made by the User for that product.

6. Conditions for Registration

6.1. Purchasing on the Website is only possible after completing the registration process. The registration, including creating a username and password, is personal and non-transferable. Each person may create only one personal account based on their personal details (phone number, address, and email address). The User must ensure that all registration information provided to Nespresso is accurate. It is strictly prohibited for a User to use the registration details of another User.
6.2. The User may register as a customer on this Website, subject to meeting the following cumulative conditions:
6.1.1. The User is 18 years of age or older and holds a valid Israeli identity card, or a corporation duly incorporated and registered in Israel constituting a Business User (as detailed in Section 6.5 below).
6.1.2. The User has a valid Israeli credit card, has an e-mail box and has an address in Israel.
6.1.3 The User is registered on the Website in accordance with the provisions of these Terms of Use and as required on the registration page.
6.3. After the User selects identification details for logging into the Website (username and password), they are personally responsible for securing this information and must not disclose it to anyone else. The User will be accountable for all activities conducted on the Website using their login credentials and for any actions or transactions performed through their account. The User must immediately notify Nespresso of any unauthorized use of their account or any other security breach they become aware of.
6.4. For the avoidance of doubt, it is clarified that Nespresso has the right at any time and at its sole discretion to prevent Users from accessing the Website or any service therein, and/or cancel their registration, if Nespresso believes that their use violates these terms and conditions (or any of the accompanying documents referenced herein) and/or if they make improper or unreasonable use of the Website and/or if the User's credit card has been blocked or restricted from use.
 6.5. Business User

Nespresso may allow various businesses to purchase products on the Website for internal personal use and not for marketing or resale purposes, through a designated business user account, provided that the User registers on the Website under the name of a corporation lawfully incorporated and registered in Israel (the "Business" and "Business User" respectively).

The Business User will gain access to the Website only after providing complete and accurate details regarding the Business on whose behalf they are registering. The Business User declares and undertakes that they possess all the necessary authorizations to act on behalf of the Business, that the details provided about the Business are complete and accurate, and that any actions performed by them will be regarded as actions carried out by the Business for all intents and purposes.

Unless explicitly stated otherwise in these terms and conditions, all provisions applicable to individual Users shall apply, with the necessary adjustments, to Business Users as well.

 7. Performance of Orders

7.1. Ordering products will be made through a computerized ordering procedure that can be made on the Website or by telephone order using telephone number 03-9241334/1800-255-355/*2500. Payment for orders via the Internet or by telephone is only possible by credit or debit cards. Nespresso accepts all major credit cards active in Israel (Visa, Mastercard, American Express, Diners Club).
7.2. Each order will be made in accordance with the prices of the products that will be in effect at the time of placing the order. Nespresso will be entitled to change the prices of its products at any time, and such changes will apply immediately following the change, or from another date as Nespresso will announce.
7.3. An order will be considered binding only after confirmation of the order by Nespresso at the end of the order procedure. With the aforementioned approval, an email will be sent to the address provided by the User, containing the main details of the transaction in accordance with the Consumer Protection Law.
7.4. Products ordered will be delivered to the customer by courier to the delivery address specified by the customer during the order procedure, subject to Nespresso's Delivery Policy, or through other delivery arrangements determined from time to time by Nespresso. Upon delivery, a special bag, supplied by Nespresso, containing recyclable coffee capsules, can be delivered to the courier. Upon receipt of a new electronic machine, an old machine similar to the one purchased. can be returned to the courier for recycling, free of charge, in accordance with the policy published on the Website and to which these terms and conditions refer. Recyclable bags capsules and recyclable coffee machines can also be delivered in Nespresso stores.
7.5. For the delivery of the products, the customer will be charged for shipping charges in accordance with the rates set by Nespresso from time to time, as published in Nespresso's Delivery Policy according to the type of delivery.
7.6. In order to avoid waiting for the courier, it is possible to specify during a phone order with customer service that the delivery will be left at an agreed-upon location near the home (e.g., an electrical cabinet, a communication cabinet, or a hidden spot in the yard of a private house). When placing an order on the Website, you can select the option to leave the delivery outside the home in the designated section and specify the desired location for the delivery in the note to the courier. This arrangement is subject to the Website's Delivery Policy[ATL7] . It is clarified that with the "Morning Delivery" delivery service, the delivery is always left outside the front door.
7.7 Ordering coffee alone on the Website is conditional on the actual purchase for a minimum amount of NIS 100 (the value of benefits, discounts and gifts will not be considered part of the purchase amount).
7.8 In accordance with the provisions of the law, against payment for the order, Nespresso will issue the customer a receipt and at the time of delivery of the products, an invoice will be issued to the customer.

8. Delivery of Products

8.1. Delivery of products to customers is made to places located in the coverage areas of Nespresso's courier services only, as detailed in the Delivery Policy . Customers whose place of supply is outside the coverage areas will be able to purchase the products at one of Nespresso's boutique stores.
8.2. According to Nespresso's Delivery Policy, ordered products are intended to be delivered to customers within two business days from the day following the date of the order, in accordance with the type of delivery chosen. It is clarified, however, that the date of delivery of orders depends on the action of a third party service provider, and therefore Nespresso is not responsible for any delay in arrival or any other issue related to the timely delivery of the products. In addition, in localities that are far from urban centers as well as in areas outside the Green Line, delivery dates may depend on the geographic distribution and coverage of Nespresso's courier service providers. In addition, said delivery dates refer to routine situations. There may be delays in delivery dates due to changes in the security situation or as a result of events beyond Nespresso's control.
8.3. In light of the above, it is clarified that in any case whatsoever Nespresso will not bear any responsibility in the event that the ordered products are supplied after more than two business days have passed after the date of placing the order and the customer will not be entitled to any relief or compensation for such delay. However, if an ordered product is not delivered within five business days from the day following the date of the order, the customer will be entitled to cancel the order and in this case his charge for the order will be canceled.8.4. For complete information regarding Nespresso's delivery terms, including terms and delivery times, please refer to the Delivery Policy page on Nespresso's Website.
8.5. Ordered products will be under the responsibility of the User starting from the time of delivery or their placement at the designated pickup location (as applicable). Ownership of the ordered products will transfer to the User at the time of delivery or pickup (as applicable), provided that all payment amounts related to the products, including any delivery fees, have been fully received.

9.  Payment and Security

9.1. Nespresso secures credit card payments by using an external company for processing payments, in accordance with applicable law. The User's billing details are sent to this third-party company via an encrypted system. Therefore, these details are never transmitted to the Website's computer system and will not be accessible to the Website or its operating team.
9.2. If the User chooses to save their credit card details on the Website (to avoid re-entering the information for future payments), Nespresso commits to storing only a "key" that, when combined with other information, ensures the payment for the transaction. All credit card details will always be stored and processed by the external company.
9.3. Online payment transactions are subject to credit card verification by the credit card company, and Nespresso will not be liable if the credit card company refuses to approve the payment for any reason. The credit card company may charge the User processing fees for online payments, and Nespresso has no control or responsibility over this.

10. Prohibited Actions on the Website

Each User declares and agrees not to perform the following actions (either all or part of them) on the Website or through its services:

10.1. Impersonate any person or legal entity.
10.2. Provide false, misleading, inaccurate, or incomplete information during registration or while using the Website.
10.3. Upload, send, or transmit any material containing any type of computer virus or any other code designed to destroy, disrupt, or limit the use (including any use other than fair and reasonable use on the Website) of any of the computers, servers, hardware, and software used by Nespresso to operate the Website.
10.4. Modify, process, adapt, translate, sell, reverse engineer, disassemble, or reassemble any part of the code comprising the Website, as well as perform the above actions regarding the hardware and software used by Nespresso to operate the Website.
10.5. Display content from the Website in any way — including through any software, device, accessory, or communication protocol — that alters the Website's design or omits any content.
10.6. Transfer or receive the services offered through the Website, or any part thereof, or display any part of the Website within a frame of another webpage or site (frame), or as part of another webpage or site (mirror), or as part of another service, without obtaining explicit written consent from Nespresso.
10.7. Use any robot, "worm" or "spider", search engine, or any other automated or manual tool designed to index, retrieve, or locate information contained within the Website, or any such tool intended to expose the structure of the database and code on the Website.
10.8. "Harvest" or store content from the Website on a server or another storage device connected to a network or create an electronic database by systematically downloading and storing the content from the Website.
10.9. Use the Website for any illegal activity, or in a way that may harm the reputation or goodwill of Nespresso or any of its affiliates.

11. Inquiries on Service Issues

For inquiries on financial and service issues, please call Nespresso's customer service department at *2500

12. Limitation of Liability

12.1. Nespresso cannot guarantee that the Website will operate continuously, without interruptions, or errors. At times, certain areas, sections, or content on the Website, or the Website as a whole, may be unavailable (whether planned or unplanned), or may be modified, removed, or deleted by Nespresso at its sole discretion, without prior notice. Nespresso will not be liable to the User or any third party for any unavailability, modification, removal, or deletion of the Website or any areas, sections, or content on the Website.
12.2. Nespresso cannot guarantee, and does not guarantee, that any content on the Website will be free of viruses or other programs that may contain harmful or destructive components. It is the User's responsibility to take appropriate safety measures for their computers and technology, including running antivirus software and conducting preliminary security checks, as they deem fit.
12.3. While Nespresso strives to ensure that all information on the Website is accurate, Nespresso does not guarantee the accuracy, completeness, timeliness, correctness, reliability, consistency, quality, suitability for a specific purpose, or originality of any content on the Website. Nespresso will not be liable for any loss or damage of any kind resulting from the User's or any other person’s use of the Website, or reliance on its content. The User agrees that their use of the Website is on an "as is" basis and "as available." The content on the Website is provided for informational purposes only and not as an endorsement or opinion of Nespresso regarding the products listed.
Additionally, while Nespresso takes reasonable steps to describe products as accurately as possible through images and other media on the Website, the details (such as color, pattern, texture, etc.) displayed on the screen depend on the User’s monitor, and therefore, may not accurately represent the actual product details, and therefore Nespresso shall not be responsible in this matter.
12.4. Without limiting the foregoing, Nespresso will not be liable for any indirect or consequential loss, or for any loss of profits, business, contracts, data, reputation, or any similar loss.
12.5. In general, Nespresso will not be liable for any damage, loss, or expense arising directly or indirectly for any of the following events/factors (without this list being exhaustive): (1) Any information published on the Website which was not published by Nespresso;

(2) Any unauthorized third-party use of a User's personal information, not caused by Nespresso’s actions or negligence; (3) Any network failure that disrupts the proper operation of the Website; (4) Loss of any data; (5) Any software malfunctions;
(6) Any result of any virus, bug, anomaly, or computer malfunction;
(7) Any damage caused to the User’s personal device used to access the Website.
12.6. The User agrees to be responsible for any breach of Nespresso's terms and conditions and to indemnify Nespresso for any damage caused as a result.

13. Miscellaneous

13.1. The laws of the State of Israel shall apply to these terms and conditions. The sole and exclusive jurisdiction for any matter related to these terms and conditions will be vested solely in the competent courts in the city of Tel Aviv-Jaffa, Israel.
13.2. If any court or authorized entity determines that any condition of this Agreement is unenforceable, invalid, or not in compliance with applicable laws for any reason, this will not affect the validity of the remaining terms and conditions. The unenforceable or invalid term will be deemed replaced with a term that most closely aligns with the meaning and intent of the original condition, to the extent permitted by law.