1. Applicability of General Conditions of Sale
1.1 Each order placed with Nespresso Nederland B.V. (“Nespresso”) or any of its affiliated companies (“Nespresso”) by means of the website, mobile apps, telephone or in the boutique shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions.
1.2 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
1.3 These General Terms and Conditions of Sale are not applicable for orders placed via Nespresso Business Solutions (www.nespresso.com/pro or on the phone 0800 024 20 10).

2. Orders
2.1 Orders can be placed via Nespresso (www.nespresso.com, Nespresso mobile apps, free phone number 0800 022 23 20) or in the Nespresso boutiques.
2.2 The orders placed via the website, mobile apps or telephone are subject to minimum and maximum quantity limitations as indicated on the website/ mobile app or on the phone.
2.3 Nespresso reserves the right to refuse orders, notably in case of insolvency, unpaid invoices or fraud.
2.4. You need to inform Nespresso as soon as possible when your address or other details have changed.

3. Orders through the website and Nespresso mobile apps
3.1 Nespresso offers its products on this website within the limits of its available stocks.
3.2 You need to register before being able to place an order through the website or Nespresso mobile app. You need to ensure that the details you provide at the registration are complete and correct.
3.3 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.4 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.5 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
3.6 In case of changes in your personal details, you are requested to update your account on the website/ mobile app.

4. Order confirmations for orders placed via the website or Nespresso mobile apps
4.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
4.2 The data registered by Nespresso constitutes proof of the order and the entire transaction. The data registered by the payment system constitutes proof of the financial transactions

5. Prices
5.1 The prices payable for the items you order are those valid on the date you place your order, including the VAT.
5.2 Delivery charges will be billed at the rates indicated on this website/mobile app or communicated on the phone on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
5.3 If you choose for an alternative delivery method than the one offered by Nespresso, the additional delivery charges might be charged.
5.4 Nespresso reserves the right to modify its prices and delivery charges for future orders at any time and to cancel a contract in case of writing, printing or calculation errors in which case potential damages suffered by you may be compensated.

6. Customs Duties
6.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
6.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.

7. Delivery
7.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
7.2 Nespresso does its utmost to ensure deliveries happen on the requested day. More information regarding the different delivery terms can be found on our website.
7.3 Deliveries can only be made to an address in the Netherlands and ABC islands.
7.4 The risks of the goods being lost or damaged are transferred to the customer at the time of delivery.
7.5 Our coffees are packaged in sleeves, each containing 10 capsules. For packaging reasons all orders placed online, or with Nespresso, order should be composed of a minimum 50 capsules and must be in a multiple of 50 capsules (50, 100, 150 etc.). You can mix the variety of capsules as you choose, as long as the total number is a multiple of 50 (e.g. 20 Roma, 10 Arpeggio, 10 Livanto, 10 Caramelito).

8. Verification of Merchandise, quality issues, exchange, recycling, returns
8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
8.2 In the following events, you are requested to return to the boutique where the goods were bought or take contact with Nespresso Netherlands Ltd (per post (Antwoordnummer 14 – 1181 VX Amstelveen), phone (0800 022 23 20) or using a complaint form at www.nespresso.com, before returning the goods:
8.2.1 in case of damage, quality issues or in case the delivery does not correspond to the order;
8.2.2 in case you would like to exchange the ordered products
8.2.3 in case you would like to send your old Nespresso machine for recycling at the delivery time of the new one
8.2.4 in case you reside in the Dutch Antilles.

9. Right of withdrawal for orders placed via the website, mobile apps and telephone
9.1 You have the right to withdraw from this contract within 14 days without giving any reason.
9.2 The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
9.3 To exercise the right of withdrawal, you must inform us () of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the return form, but it is not obligatory.
9.4 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

10. Effects of withdrawal for orders placed via the website, mobile apps and telephone
10.1 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
10.2 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
10.3 You shall send back the goods or hand them over to us or return them to a Kiala point, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The goods must be returned in the original packaging and accompanied by the invoice and the returns form. The deadline is met if you send back the goods before the period of 14 days has expired.
10.4 You will have to bear the direct cost of returning the goods.
10.5 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.6 For health protection and hygiene reasons, you cannot exercise your withdrawal right for capsules of which the packaging has been opened.

11. Payment and transfer of ownership
11.1 Nespresso accepts the following payment modes:
11.1.1 For purchases made on the phone: credit card, invoice, direct debit.
11.1.2 For purchases made via the website and mobile apps: credit card, invoice, IDeal, Klarna, Google Pay en Apple Pay.
11.1.3 For purchases in Nespresso boutiques: cash (not available in all the boutiques), debit card and credit card.
11.2 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.3 2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes
11.4 The delivered goods will remain the property of Nespresso until the invoice has been paid in full.

12. Late payment
12.1. Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
12.2. In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.3 In the event of non-payment, all outstanding invoices become due with immediate effect.

13. Machine warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights as provided for in the legislation on the sale of consumer goods.

14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.

15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website, mobile apps are non-contractual and for information purposes alone. Except in case of wilful misconduct or gross negligence, Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.

16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the Netherlands.
17.2 The exclusive forum is Amsterdam.

Established in February 2015

Nespresso Netherlands Ltd.
Stroombaan 14
1181 VX Amstelveen
Tel: 0800 022 23 20
Fax: 0800 329 63 77
Company number: 3313.7832

These terms and conditions govern your customer status with Nespresso customer program operated by Nespresso Nederland B.V. Registration as a customer with Nespresso you automatically consent to these Terms and Conditions. We ask you to read the Terms and Conditions carefully. These terms and Conditions are valid from 17th of January 2017.

1. What is Nespresso status?

Nespresso Nederland B.V. (“Nespresso”) maintains a customer program. There are three customer levels called ‘status’ or ‘customer status’, each status has different benefits.

2. What determines your customer status?

Your customer status is determined by two elements:

Seniority
Seniority means: the total amount of years during which at least one coffee purchase was realized since the first purchase. If you have been inactive as a customer (you did not purchase any capsules for 12 months) your seniority will be reset to 0.

Consumption of capsules
The amount of capsules that you purchased during the first twelve months after the first purchase. This is based on the month, not the exact day, of the first purchase. The purchase date is the dispatch date of your order. This purchase needs to be realized by an identified customer with a valid order number, through one of the following purchase channels: nespresso.com, the Nespresso app, in one of the boutiques, or by phone.

Your consumption of capsules does not entail orders that were canceled or returned.

3. There are three customer statuses:

·         Connoisseur: after registration as a customer and after your first coffee purchase.

·         Expert: after 5 years as an active customer with Nespresso or an annual consumption of 1.000 capsules or more a year.

·         Ambassador: After 10 years as an active customer at Nespresso or an annual consumption of 1.500 capsules or more a year.

4. How can you become a customer?

You can register as a Nespresso customer at one of our Boutiques, by phone, the Nespresso app, and the website: nespresso.com. We will ask you to provide us with your personal details. Our use of your personal details is governed by our Privacy policy, which you should read carefully. By accepting these Terms and Conditions and by providing your personal details, you also consent to the terms of the Privacy policy.

Your customer status starts from the moment you successfully complete your registration and receive a unique customer number. If you are already a customer at Nespresso, we will consider the date of your first coffee purchase at Nespresso as the starting date of your customer status.

You must keep your customer number and password secure and not divulge them to any person other than us. You may not allow others to use your registration details and password. By accepting these Terms and Conditions you agree to notify us immediately of any unauthorized use of your registration details and password or any other security breach of which you have become aware of.

To retain your customer status you must have realized at least one valid coffee order during the past twelve months. You can only have one status per person. Corporate enterprises, partnerships, trade organizations and commercial businesses are not eligible for a customer status.  Joint or family memberships are not available. People under 18 are excluded. Participation is open for anyone who lives in the Netherlands and has a permanent home or residence or is registered as a resident.

5. Benefits per status

Benefits available for Connoisseurs, Experts, and Ambassadors

- Free delivery – every time you buy 100 or more capsules.

- Machine warranty and renewal – enjoy 2 years of careless machine warranty and our repair service. After this period, you will receive an attractive discount on your new machine.

- Coffee masterclasses – discover the world of coffee together with our coffee-experts

Benefits available for Experts and Ambassadors

- Free descaling kit - get a descaling kit after every 1.000 capsules

-  Discount on accessories - benefit of 10% discount on all accessories of the Les Collections assortment.

Benefits available for Ambassadors:

- Avant-première – enjoy free samples and order newest coffees before they go on sale.

- Private sales – your opportunity to purchase accessories, machines and more at
exclusive prices.

6. Customer benefits

We maintain our right to modify or end the benefits of your customer status at any time and our discretion. All benefits are subject to availability. They are available while the stock lasts. You can view your customer benefits under ‘My account’ on nespresso.com.

7. Termination of your customer status

You can terminate your customer status during any period through the free telephone number 0800-0222 320, a cancellation letter to: Nespresso Nederland B.V. | Stroombaan 14 | 1181 VX Amstelveen, or the contact-form on nespresso.com, accessible via: nespresso.com/nl/nl/service-customer-care.

We can terminate your customer status when you fail to meet one of our Terms and Conditions or when you abuse your benefits. Nespresso maintains the right to modify or terminate the customer program during any period, after the three month cancellation period. Nespresso also maintains the right to terminate the customer program or customer statuses immediately. Nespresso maintains the right to modify the Terms and Conditions during any time without notice.

8. Pricacy Policy

This file is subject to the ´Law Protection of Personal Data´ (Wet Bescherming Persoonsgegevens).

9. Liability

Nestlé and affiliates are not responsible for any damages arising from the access to, the use of, and the trust in information obtained from the customer program or any linked website, unless this damage is due to intent or gross negligence on the part of Nestlé.

Nestlé is not liable, either under law or contract, for any consequential damages following the customer program.

Nestlé assumes no liability for accidents, late deliveries, damage or additional expenses of any nature whatsoever, arising from the customer program.

Nestlé is not liable for damages resulting from printing errors. Changes, typing and typographical errors are therefore reserved.

Nestlé is not liable in case of any technical failure and/or delays in the arrival of submissions.

If any of these terms or conditions is invalid or illegal in this statement, the relevant section can be removed from the Terms and Conditions.

This does not affect the validity of the remaining Terms and Conditions.

Nespresso is not responsible for any claims or damages arising from the use of benefits or services offered by a third party.

10. Conditions/Terms of Sale

Please note that in addition to these Terms and Conditions our Terms of Sale apply to all purchases of our products and services.

11. Intellectual Property Rights

All copyright and other intellectual property rights in all texts, images and other materials on the customer program website are the property of Société des Produits Nestlé S.A.

No part of the contents of this action and/or publication may be reproduced or published without the express consent of Nestlé.

12. Governing Law and Jurisdiction

These Terms and Conditions are governed by Dutch law. Any dispute will be the exclusive jurisdiction of the Court of Amsterdam.

Contact

If you have questions about your status or your benefits, contact Nespresso Netherlands through the free telephone number 0800-0222 320, via postal mail: Nespresso Nederland B.V. | Stroombaan 14 | 1181 VX Amstelveen. Or via the contact form at nespresso.com, available at: nespresso.com/nl/nl/service-customer-care.