Terms and Conditions
Welcome to Nespresso India (hereinafter referred as the “Website”)! We hope that you will enjoy your online experience.
This Website is owned and operated by Thakral Innovations Private Limited, a company incorporated under the Companies Act, 1956, and has its registered office at 1st Floor, Shree Rajarajeshwari Arcade, No.23/50/1A/515/2/1-1, New Courtyard Marriott Hotel, Outer Ring Road, Opp. Lumbini Garden, Veerannapalya Flyover, Bengaluru -560045 (hereinafter referred to as “Thakral”, “We”, “Us” or “Our”) which expression shall unless repugnant to the context or contrary to the meaning thereof, be deemed to mean and include its successors, authorized signatories, administrators & assigns).
Thakral Innovations Private Limited is an officially authorized distributor of Nespresso coffee machines, coffee capsules and coffee accessories. As an authorized distributor, we are committed to offering genuine Nespresso products, ensuring the highest quality and performance that the brand is renowned for globally. Our offerings include a wide range of Nespresso machines adapted for both personal and professional use, as well as a diverse selection of coffee capsules to suit various taste preferences. We guarantee that all products distributed by Thakral adhere to Nespresso’s strict quality standards, and our customers benefit from reliable after-sales support, warranties, and access to authentic Nespresso accessories and services.
These Terms and Conditions are divided into 2 (Two) parts:
I. Terms of Use
II. General Conditions of Sale
I. Terms Of Use
1. Acceptance and Modification of the Terms of Use
1.1 The access and use of the Website by a guest or a registered customer (hereinafter referred to as the “customer”, “you” or “ your”) are governed by the present terms of use (the “ Terms of Use”). By accessing, browsing, using, and/or registering yourself on the Website, you acknowledge that you have read, understood, accepted, and bound by, without reserve, these Terms of Use, as modified from time to time. If you do not agree to these Terms of Use, you may not use this Website.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on the Website without any prior notice. Therefore, we invite you to consult these Terms of Use from time to time to familiarise yourself with any changes.
2. Copyright and Intellectual Property
2.1 The content of the Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, Product(s), and processes are the sole property of Thakral and Nespresso or its affiliated companies or are used with the authorization 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 Website shall be interpreted or construed as granting, by implication, estoppel, or otherwise, any license or right to use any such content of our Website.
3. Use of the Websites
3.1 Thakral grants a non-exclusive, non-sublicensable, non-transferable, revocable, and limited right to the Customer to access and use this Website.
3.2 The customer agrees to use the Website and the content provided therein only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law.
3.3 The customer may download, display or print the content of the Website solely for personal, non-commercial use, thereby retaining and reproducing all intellectual property rights, including any copyright notice which may appear on such content 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 Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Thakral.
3.4 The customer undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, disparaging, pornographic, harassing, violates the legal right of others, or otherwise encourages conduct that would give rise to civil or criminal liability under the Indian law.
3.5 The customer further undertakes not to post any unsolicited or unauthorized promotional materials, advertising, or any other form of solicitation including any material non-public information about a company without obtaining the prior written consent of Thakral.
3.6 The customer undertakes not to use or impersonate any person or entity, third parties’ likeness, names, and/or properties, falsely indicate or misrepresent your affiliation with any person or entity.
3.7 The customer undertakes not to do any act which is in violation of the Information Technology Act, 2000 or any Rules and regulations framed by an authorized entity mentioned in the said Act. You hereby confirm that in case of any “Cyber Security Incident” as defined and understood in local laws, you shall immediately inform via email to: contact.india@nespresso.com and contact.pro.india@nespresso.com
3.8 The customer shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Thakral reserves its right to bar any such activity.
3.9 The customer shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3.10 We may review, edit, or delete materials that a customer or others send to this Website but we are under no obligation to do so and assume no responsibility or liability arising from the material. Thakral may cancel or terminate a customer’s access or use of the Website of any registration/s or account/s on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities, misuse, or breach occurs.
3.11 Thakral neither warrants nor represents that a customer’s use of any content displayed on the Website will not infringe the 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 Website is protected and treated according to our Privacy Policy. Thakral you to read such Privacy Policy carefully before providing us with any such personally identifying data and information. Find out more about our Privacy Policy.
4.2 Any other information or material communicated to Thakral through the Internet, by electronic mail or otherwise, including any feedback, data, questions, comments, suggestions, ideas, graphics, or the like, is and will be treated as non-confidential and non-proprietary and Thakral shall deal with the same in the manner as it deems fit. Anything you transmit or post becomes the property of Thakral and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Specifically, Thakral is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, and marketing Product(s) 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 Thakral’s use will not violate any third party’s rights. Thakral 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 website is furnished to you “as is”, in the function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
5.2 Thakral does not guarantee that the Website or its content will correspond to your expectations, will not be interrupted, timely, secure, and free of error.
5.3 Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
5.4 Any advice or information, be it oral or written, obtained from Thakral or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use. It is clarified that nothing on this Website constitutes an invitation or offer to invest or deal in the securities of Thakral. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Website as also from the historical performance on account of factors such as changes in government regulations, tax regimes, economic developments within India, and the countries within which Thakral conducts its business, exchange rate, and interest rate movements, the impact of competing Product(s) and their pricing, Product(s) demand and supply constraints. The past performance of the price of securities must not be relied on as a guide to their future performance.
6. Indemnification
6.1 By accessing or using this Website, you agree to defend, indemnify and hold harmless Thakral and its affiliated entities and their respective directors, officers, employees, agents, providers, representatives and licensors against all claims, losses, costs, and expenses including without limitation lawyer’s fees and cost arising out of any of the following:
6.1.1 use of or activities in connection with the Website by yourself or anyone using the Website through your internet protocol or account or network which are wrongful conduct and /or negligent.
6.1.2 Any claims for infringement of intellectual property rights, defamation, or libel relating to any material /content that you make available /send to the Website, that infringes or violates intellectual property rights.
6.1.3 Any breach or violation of these Terms of Use by you or through any account you create in connection with the Website.
6.1.4Any other matter regarding this Website and your use of it.
7. Limitation of Liability
7.1 Customer to access, use, browse, and navigates the Website at their own risk.
7.2 You recognize and accept that, to the fullest extent permitted by applicable regulations, neither Thakral, any of its affiliated companies, nor any other party involved in creating, producing, or delivering the Website, 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 Thakral), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or its content.
7.3 All materials which are downloaded or obtained in any other manner during the use of our Website are at the customer’s own risk. Thakral assumes no liability for any damage or virus which could affect the customer’s computer equipment or other property by reason of its access to, use, or downloading of any material from the Website or for any illegal intrusion or intervention in the IT systems.
7.4 Thakral reserves the right to interrupt or discontinue any or all of the functionality of the Website. Thakral accepts no responsibility or liability whatsoever for any inaccurate information, erroneous content, interruption or discontinuance of any or all functionality of the Website resulting from actions or omissions of Thakral or any third party.
8. Change of Information
8.1 The Content of our Website may contain inaccuracies or errors. Thakral reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
9. Availability of Products / Services
9.1 The Website may contain information on Nespresso’s worldwide Product(s), not all of which are available in every location. A reference to a Nespresso Product(s) on the Website does not imply that such Product(s) are or will be available at your location.
10. Eligibility to Use
10.1 Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Website and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product(s) on the Website only with the involvement of a parent or guardian.
10.2 You may access and use the Website either as a registered customer or as a guest. However, not all the features /services of the Website will be accessible to the guest(s) of the Website.
10.3 In the event, a guest registers by creating an Account in order to avail of the services provided on the Website (“registered customer”), the registered customer will be responsible for maintaining the confidentiality and security of the Account Information, and fully responsible for all activities that occur under the registered customer’s Account. The registered customer agrees to:
10.3.1 immediately notify us of any unauthorized use of its Account Information or any other breach of security; and
10.3.2 ensure to sign out from its Account at the end of each session.
10.3.4 We will not be liable for any loss or damage arising from the registered customer’s failure to comply with this section. The registered customer shall be solely held liable for losses incurred by us or any other customer to the Website due to the authorized or unauthorized use of the registered customer’s Account as a result of its failure in keeping its Account Information secure and confidential. The registered customer shall ensure that the Account Information provided in the Website's registration form is complete, accurate, and up to date. Use of another user's Account Information for availing of the services on the Website is expressly prohibited. If any information provides is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Thakral has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate such registered customer’s Account and refuse to any and all current or future use of the Website/services (or any portion thereof).
11. Payment Related Information
11.1 You understand and agree that we have engaged a Payment Aggregator (i.e., Pine Labs) for processing payments on this Website. You requested to refer to the privacy policy as well as the terms & conditions of the Payment Aggregator.
11.2 You agree to provide correct and accurate financial information, including but not limited to credit/debit card/UPI/digital wallets/net-banking/pre-paid cards details to the approved payment gateway or pre-paid payment instrument for purchasing the Product(s) on the Website. You shall not use financial information, which is not lawfully owned by you, i.e., in any transaction, you must use your own credit/debit card/UPI/ digital wallets/net banking/pre-paid cards. The financial information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order or in accordance with the terms of the Privacy Policy of the Payment Aggregator. The customer will be solely responsible for the security and confidentiality of its financial information. Thakral expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your financial information.
11.3 For the customer(s) making payments for buying the Products on the Website, the terms and conditions of the customer(s) bank, applicable financial institution, and/or card issuing association may also be applicable. Customer(s)bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on the Website and Thakral does not control the same and shall not be liable for the same.
12. Links
12.1 You may operate a third-party website and wish to link to this Website. In this case, Thakral does not object to such linking provided that you use the exact homepage url of this Website (e.g. no deep linking) and do not suggest in any way that you are affiliated with or endorsed by Thakral. You must not use “framing” or similar practices and must ensure that the link to the Website opens in a new window.
12.2 Thakral contains links to other websites to facilitate a multi-platform experience. Please note, on clicking on these links you shall be governed by the Terms of use and Privacy policy of the respective websites. Thakral shall not responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions. As a result, we invite you to carefully review the legal notices of such third-party websites, including keeping yourself informed of any changes to them.
13. Governing Law and Jurisdiction
13.1 All matters relating to the Website, access to, or use of shall be governed by the laws of India applicable therein without reference to the conflict. You agree and hereby submit to the non-exclusive jurisdiction and venue of the courts in Bangalore with respect to such matters. Thakral makes no representation that materials on this Website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so, on their own initiative and are responsible for compliance with local laws.
14. Miscellaneous
14.1 All notices with respect to these Terms of Use from Thakral will be served to you by email or by general notification on the Website. Any notice provided to Thakral pursuant to these Terms of Use should be sent to our Grievance Officer at contact.india@nespresso.com and contact.pro.india@nespresso.com
14.2 The present Terms of Use embody the entire agreement concluded between Thakral and you concerning the access and the use of this Website and its content. Any other terms or conditions issued by Thakral and governing its relations with you, in particular relating to the purchase of Product(s), shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
14.3 The fact that Thakral 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.
14.4 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, and all other provisions of the Terms of Use maintaining full force and effect between yourself and Thakral.
14.5 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.
15. Grievance Officer
15.1 The Grievance Officer for the purpose of this Website can be contacted at contact.india@nespresso.com and contact.pro.india@nespresso.com
16. Nodal Officer
16.1 The Nodal Officer for the purpose of this Website can be contacted at contact.india@nespresso.com and contact.pro.india@nespresso.com
II. General Conditions of Sale
1. Introduction
1.1 These General Conditions of Sales govern all transactions/orders placed by individuals, referred to as "customer", "you" “your”, with Thakral Innovations Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 1st Floor, Shree Rajarajeshwari Arcade, No.23/50/1A/515/2/1-1, New Courtyard Marriott Hotel, Outer Ring Road, Opp. Lumbini Garden, Veerannapalya Flyover, Bengaluru -560045 (hereinafter referred to as “Thakral”, “we”, “us” or “our”) which the expression shall unless repugnant to the context or contrary to the meaning thereof, be deemed to mean and include its successors, authorized signatories, administrators & assigns), on the Website (each an "Order"), for Nespresso products (the "Product(s)").
1.2 Before using the Website and associated webpages and/or placing an order, we request you to carefully review all the terms included in these General Conditions of Sales together with the Privacy Policy and the Terms of Use mentioned above and any additional conditions that may appear on the Website from time to time.
1.3 Each Order placed on the Website shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
1.4 Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website without any prior notice. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Product(s) from us unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you).
1.5 A customer can download, save and/or print a copy of these General Conditions of Sales for its records.
1.6 These General Conditions of Sale apply only to sales in India. International orders are not available via this Website.
1.7 Purchase of our Product(s) from any third-party retail locations or via any third-party websites is not covered by these general conditions of Sale. Third-party terms and conditions will apply to such sales, as applicable.
2. Offer and Acceptance of Product
2.1 We hereby make an offer to sell the Product(s) listed on the Website and the customer upon agreeing to purchase the Product(s) listed hereby accepts such offer to sell by Thakral. Accordingly, the contract for the sale of the Product(s) is a bipartite contract between the customer and Thakral.
2.2 The customer understands and agrees that the offer for the sale of Product(s) by Thakral is not an absolute or unconditional offer. Such offer to sale by Thakral is subject to repudiation by Thakral at any time before the delivery of the Product(s) and without any obligation to assign or provide any reason for such repudiation and without any consent from the customer and without any liability or any obligation towards the customer. Thakral has the right to cancel any sale transaction, listing, or acceptance (i)for any reason in accordance with these General Terms of Sale, Website Terms of Use, Privacy Policy, or under any contract or policy (ii) under an order or instruction from any statutory, quasi-judicial, or judicial authority.
2.3 To the extent permitted by law, Thakral is entitled to refuse, cancel or terminate an order(s) for any reasonable ground and at any time. For example, we may refuse an order if a Product(s) is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the product (s), we will refund you the amount in respect of the relevant Product(s) or add store credits for the same amount, as per your preference, as soon as possible. Thakral may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders that Thakral suspects are not placed in good faith.
2.4 With respect to the sale of Product(s) by Thakral to Customers, Thakral hereby represents and warrants that:
2.4.1 Thakral has the right to sell the Product(s) on or through the Website;
2.4.2 Customer shall have and enjoy quiet possession of the Product(s);
2.4.3 Product(s) shall be free from any charge or encumbrance in favor of a third party;
2.4.4 Customer shall be entitled to all the warranties and other collaterals applicable to the Product(s); and
2.4.5 Product(s) shall meet the description and specifications as provided on the Website.
2.5 Thakral does not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product(s) or pricing information and/or specifications) on the Website.
3. Order Process
3.1 Registration
3.1.1 As a prerequisite to placing an Order, a customer will be required to provide certain registration information, such as their name, phone number, and email address that will need to be correct, complete, valid, and up to date. If a customer provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Thakral has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Thakral reserves the right to suspend or terminate such customer’s account and refuse any and all current or future use of the Website.
3.1.2 Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders accordingly.
3.1.3 You may register only one customer per account with this Website. Any attempt to register more than one account using the same information may result in the rejection of your order or membership benefits without prior notice.
3.2 Credentials
3.2.1 After the registration procedure has been completed on the Website, a customer will have unique member account details and password (the "Credentials"). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
3.2.2 If you know or have any reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify us immediately at contact.india@nespresso.com and contact.pro.india@nespresso.com or by calling us on our toll-free number at +91 1800 203 3333.
3.2.3 You are also invited to take the following precautions:
3.2.3.1 When you have completed your visit to the Website, always use the Sign Out from your account to effectively close the session.
3.2.3.2 Your account details, password, and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.
3.2.3.3 If Thakral knows or has reason to believe that your Credentials are indeed used by another person, Thakral shall immediately suspend the use of such account (including processing any transaction from such account).
3.2.3.4 You shall be held liable for losses incurred by Thakral or any other user of or guest of the Website due to the authorized or unauthorized use of your account as a result of your failure in keeping your Credentials secure and confidential.
3.3 Prices and Delivery charges:
3.3.1 The prices payable for the Product(s) you order are those displayed on this Website on the date you place your Order, inclusive of GST.
3.3.2 Delivery charges along with GST, when applicable, will be billed at the rates indicated on the Website on the date you place your order.
3.3.3 The price of the Product(s) and delivery charges displayed on the Website and confirmed in your order confirmation will normally be honored. Thakral reserves the right to modify the prices of its Product(s) and delivery charges at any time and without prior notice. The modifications of prices will not apply to orders of Product(s) already confirmed by Thakral. Note: All Order values will be charged at the rounded-up price of the cart.
3.3.4 Errors: At any time without prior notice, Thakral may correct any errors or omissions and change information on this Website, if the information presented is erroneous, incomplete, or outdated. Thakral may refuse your orders which were based on erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms. If Thakral detects a price error, Thakral endeavours to notify you as soon as possible. This may occur prior to dispatch of Product(s). You may have the option of either reconfirming your order at the correct price or cancelling your order. If you cannot be contacted, Thakral will deem the order cancelled. You will be entitled to a full refund if you have already paid for the Product(s) and choose to cancel your order.
3.4 Payment
3.4.1 Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by multiple payment methods including but not limited to credit/debit card/UPI/digital wallets/net- banking/pre-paid cards, and any other mode as may be made available by us on the Website.
3.4.2 All payments in respect of the Products shall be made to us through the Payment Aggregator (i.e., Pine Labs). To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
3.4.3 Except to the extent otherwise required by applicable law, we are not liable for any payments authorized through the Payment Aggregator (i.e., Pine Labs) using your payment details. Particularly, we are not liable for any payments that do not completed because: a. Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; b. You have not provided us with the correct Payment Details; c. Your payment card has expired; or d. Circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
3.4.4 Thakral shall not be responsible for any unauthorized transactions conducted using your payment card or internet banking. We shall not be obligated to refund any money to you in such instances.
3.4.5 The Payment Aggregator will be collecting information at the time of payment, like card details, names; passwords, etc. as per the Privacy Policy and Terms & Conditions of the Payment Aggregator.
4. Deliveries
4.1 All orders confirmed by Thakral will be delivered through our delivery partners on a ‘best effort’ basis. Subject to events beyond our control, the Product(s) will be delivered within 7 days of acceptance of order by Thakral Innovations Private Limited. During festive periods, these timelines may extend and the same will be duly notified to you. Thakral and/or its authorized representatives may contact you by SMS, telephone, and/or email with information regarding your order and delivery.
4.2 You shall be bound to take delivery of the Product(s) purchased by you that are said to be in a deliverable state. Where you neglect or refuse to accept the delivery of the Product(s) ordered by you, you may be liable to Thakral for such non-acceptance. Note: We will make three (3) delivery attempts on consecutive days to deliver your Order. If the third delivery attempt is unsuccessful, your Order shall stand cancelled and be eligible for a refund after deducting the delivery charges, irrespective of the value of the Order.
4.3 In case of any concerns with the delivery, you may either make contact by emailing us at contact.india@nespresso.com and contact.pro.india@nespresso.com or by calling us on our toll-free number at +91 1800 203 3333.
4.4 In order to deliver orders on time, Thakral strives to keep sufficient stocks of Product(s). However, it is possible that stocks of certain Product(s) turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Thakral is entitled to complete partial deliveries or defer delivery, or cancel the Order.
4.5 Any Order placed through this Website can only be delivered within India.
4.6 Transfer of property and risk: The delivered Product(s) shall remain Thakral property until you have paid the full Order value. All risk of loss or damage to the Product(s) shall be transferred to you upon your acceptance of the delivery of the Order (or of any persons acting in your place).
4.7 The details of the order are duly provided to the customer at the time of placing of order through email/SMS/WhatsApp. In the event of any concern or grievance with regards to the product post-delivery, the customer can reach out on the toll free number +91 1800 203 3333 or email at contact.india@nespresso.com and contact.pro.india@nespresso.com within 24 (twenty-four) hours from the receipt of your Order.
5. Returns & Cancellation
5.1 Returns Policy
5.1.1 At the time of the delivery, it is your responsibility to verify the quantity and condition of the Product(s). In case you observe damage or missing items, you must notify us at at contact.india@nespresso.com and contact.pro.india@nespresso.com or by calling us on our toll-free number at 91 1800 203 3333 within 24 (twenty-four) hours from the receipt of your Order.
5.1.2 We will, at our discretion, accept returns of a Product(s) and process refunds, only a. if the Product(s) received by you is physically damaged before receipt or b. if the Product(s) received is different from its description on the product detail page, or c. if the label on the Product(s) shows that it has expired, or d. if the Products(s) from the Order placed are missing.
5.1.3 In case of returns against any other situation than mentioned above, the customer hereby agrees to bear the cost of the return, which will be communicated to the customer before they place the return order.
5.1.4 We reserve the right to pick up the product to ascertain and verify the product prior to issuing/initiating the refund/replacement
5.1.5 The Product(s) should be returned in their original condition and packaging and you must include all relevant invoices and/or receipts along with your return.
5.1.6 We will refund you all the payments not later than 7 (seven) working days from the day on which we have received the Product(s) back. We will carry out such a refund using the same means of payment as you used for the initial transaction i.e. while placing your Order on the Website.
5.1.7 In the event customers are found to misuse the return policy by excessively returning, or cancelling or not accepting the orders placed, Thakral reserves the right to warn and/or suspend and/or block / or rescind the collected reward points and/or terminate such customer accounts, as necessary.
5.2 Cancellation Policy
5.2.1. In case of requests for Order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if we receive a cancellation notice and the Order has not been processed, we may cancel the order and refund you all the payments received from you. However, if you so desire and upon receipt of your request, we may refund to you all the payments not later than 7 (seven) working days from the day on which we have received the Product(s) back. We will carry out such a refund using the same means of payment as you used for the initial transaction i.e. while placing your Order on the Website.
5.2.2. We will not be able to cancel orders that have already been processed by us. You agree not to dispute the decision made by Thakral respects and accepts our decision regarding the cancellation.
6. *Promotions / Offers:
6.1 We will be running promotions/offers on the Website from time to time. Such promotions/offers in relation to the Product(s), may be governed by their own terms and conditions as applicable. Thakral reserves the right to change the offers or promotions without prior notice. Also, discounts applicable on product assortments may not be applicable on the constituent items when bought individually
6.2 You may receive certain Free Product(s) by us under several promotions / offers running on the Website from time to time which shall be solely at our discretion. Such Product(s) are made available to you free of cost, for your personal, non-commercial use only and you shall be solely liable for the use of the same. Please note that these Free Product(s) are subject to availability and not eligible for exchange, return, cancellation or refund.
7. Liability:
7.1 The photographs and texts illustrating and describing the Product(s) on this Website are non-contractual and for information purposes alone. Thakral shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Thakral liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Product(s) in respect of which damages are claimed.
7.2 Thakral is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us. We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Product(s) for personal and private use, and you agree not to use the Product(s) for any commercial, business, or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8. Indemnification
8.1 You agree to indemnify, defend and hold harmless Thakral, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.
8.2 Thakral may notify you of any claims which you shall be liable to indemnify Thakral against. You shall then be required to consult with Thakral regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Thakral without the express prior written consent of Thakral which can be withheld or denied or made conditional by Thakral at its sole discretion.
8.3 Notwithstanding anything to contrary the Agreement(s), in no event shall Thakral, its subsidiaries or affiliates, and their respective officers, directors, employees, or partners be liable to you for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Thakral has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website its services or its content.
9. Force Majeure
9.1 Thakral will make every reasonable effort to fulfill its obligations. However, N Thakral cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes, endemic, pandemic, lock-down, or any others that make impracticable or impossible the Product(s)ion, transportation, or delivery of Product(s).
9.2 In the event of a delay caused by Force Majeure, Thakral obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Thakral will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product(s) supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your order. To cancel, please contact us.
10. Severability
10.1 If any provision or part-provision of these General Conditions of Sale is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these General Conditions of Sale.
11. Assignment
11.1 You cannot assign or otherwise transfer all or part of these General Conditions of Sale, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Thakral reserves the right to freely assign and/or transfer its rights and/ or obligations under all or part of these General Conditions of Sale to any third parties without the requirement of seeking your prior consent. Thakral may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement.
12. Waiver
12.1 No provision in these General Conditions of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Thakral. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
13. Principal to Principal Relationship
13.1 You and Thakral are independent contractors and nothing in these General Conditions of Sale will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Thakral. As an abundant caution, it is clarified that Thakral shall not have any right to conclude any contract for sale or purchase of Product(s) for and/or on your behalf and the relationship between you and Thakral are only on a principal-to-principal basis.
14. Miscellaneous
14.1 All notices with respect to these General Conditions of Sale from Thakral will be served to you by email or by general notification on the Website. Any notice provided to Thakral pursuant to these General Conditions of Sale should be sent to contact.india@nespresso.com and contact.pro.india@nespresso.com.
14.2 The present General Conditions of Sale embody the entire agreement concluded between Thakral and yourself and supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product(s).
14.3 The fact that Thakral tolerates a violation by yourself of one of the obligations set out in the General Conditions of Sale 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.
14.4 In the event that any provision of the General Conditions of Sale is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered stricken, and all other provisions of the General Conditions of Sale maintaining full force and effect between yourself and Thakral.
14.5 The headings of the provisions of the General Conditions of Sale are for convenience alone and shall not alter or modify the terms and conditions in any manner.
Oct 2024
© 2003 Nestlé Nespresso S.A. All rights reserved.
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How and why do we use Cookies
We use Cookies to improve the use and functionality of our website and to better understand how visitors use our websites and the tools and services offered on it. The storage of Cookies on your computer provides an easy and convenient way for us to personalise or enhance your experience on our website and to make your next visit more enjoyable. We do not use Cookies to collect personal information such as your name; however, we may link information contained in a Cookie to personal information collected from you by other means (e.g. general website registration).
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List of Cookies used on this website
The following tables categorise and describe the various Cookies used on this website:
| Type | Purpose |
| Session ID | Nespresso websites use specific Cookies, which are essential for the websites to work properly. One is a Cookie used to create a session ID for the user, so that the system itself can identify the user as a unique and individual user, distinct from anyone else looking at the website. This information is not used or stored outside Nespresso systems, and is held only temporarily while the user is accessing account pages and other pages, which require unique and secure access. Without this Cookie, such access could not remain secure, so it is very important. |
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| Type | Purpose |
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| Login | Used to offer Club Members the option to remember their credentials in order to avoid them retyping their user ID and password each time they access the Nespresso Club section. |
Performance Cookies
| Type | Purpose |
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Third Party Cookies
| Type | Purpose | Comment |
| Google Analytics | Google Analytics tracking uses Cookies in order to provide insights on what users do when they visit our site. Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account and a browser. However, Google Analytics Cookies do not collect personal data about your website visitors. | For more information about Google Analytics click here |
| Google Doubleclick | Used to provide anonymous / aggregated information about where the user goes and what the user does on Nespressowebsites. | For For more information about Doubleclick, click here |
| ViaMichelin | Used to offer users tailored services based on their geographic context, such as Nespresso store locator. |
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How can I control my Cookie settings?
Most internet browsers are initially set up to automatically accept Cookies. You can change the settings to block Cookies or to alert you when Cookies are being sent to your device. There are a number of ways to manage cookies. Follow the below guidelines to manage your Cookies using your web browser. If you do so, please be aware that you may not be able to register on our website or use other features that require registration or the collection of information.
Internet Explorer
Click on the "Tools" icon then select "Internet Options". Choose the 'Privacy' tab and move the slider to choose your settings. For more detailed privacy settings click on 'Advanced'.
Safari
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Mozilla Firefox
Click on 'Menu’, 'Options', 'Privacy' and then 'Cookies'. You can then choose your settings.
Google Chrome
Click on the 'Tools' menu then select 'Options'. Choose the 'Under the Bonnet' tab and then the 'Privacy' section. Select 'Content settings' then the 'Cookie settings' tab and choose your settings.
Legal Notice Update
We reserve the right to make any changes and corrections to this policy. Please refer to this page from time to time to review these and new additional information.
