General Terms and Conditions of Sale for Nespresso Deutschland GmbH

1. Application of General Terms and Conditions of Sale

All orders placed with Nespresso Deutschland GmbH (Nespresso) are subject to these general terms and conditions of sale, unless the parties have agreed otherwise. Nespresso does not recognize divergent conditions of the customer.

2. Registration

The data requested during registration (internet, telephone, and order forms) must be provided completely and correctly. If there is a change in the provided data after registration, the customer is obligated to promptly correct the information. The personal password chosen by the customer during internet registration must be kept strictly confidential and must not be disclosed to any third party. The customer is responsible for all actions taken under the password on the website. Registration is open to individuals who have reached the age of 18 or older.

3. Orders

3.1. Orders can be placed as follows:
Nespresso Professional System

• by phone at 0800 0263466 (free service number)
• by mail to: Nespresso Deutschland GmbH - Business Solutions - Postfach 19 01 61; 40111 Düsseldorf
• online at: www.nespresso.de or www.nespresso.com/pro

3.2. If a specific item is unavailable, Nespresso is obligated to inform the customer about the unavailability before accepting the order.

4. Conclusion of Contract

4.1. The customer, by placing an order, makes an offer to purchase the desired goods from Nespresso. Nespresso accepts the customer's offer by sending the ordered goods. Orders are placed at the prices and conditions stated on the day of the order.
4.2. For orders placed online, Nespresso will promptly confirm the receipt of the order via email. This confirmation of receipt does not constitute an order confirmation. The acceptance of the offer occurs through a separate order confirmation, also sent via email.
4.3. Nespresso reserves the right to reject orders, impose quantity limits, set credit limits, or demand prepayments, especially in the case of unpaid invoices, credit risks, or insolvency.

5. Right of Withdrawal

Consumers have the following right of withdrawal

Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us, Nespresso Deutschland GmbH:

• by mail: Nespresso Deutschland GmbH; Business Solutions; Speditionstrasse 23; 40221 Düsseldorf
• by phone: 0800 02 63 466 (free service number)
• online: www.nespresso.com/pro/de/en/kontakt

by means of a clear statement (e.g., a letter sent by mail or email) of your decision to withdraw from this contract. You can use the attached withdrawal form, which is not legally required. You can also electronically fill out and submit the model withdrawal form or another clear statement on our website at www.nespresso.com/pro/de/en/kontakt. If you make use of this option, we will promptly (e.g., via email) send you a confirmation of receipt of such withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the delivery costs (except for the additional 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 fourteen days from the day on which we are informed about your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us:

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

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
End of Cancellation Policy

Model Withdrawal Form

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

Nespresso Deutschland GmbH

• by post:
  Nespresso Deutschland GmbH
  Business Solutions
  Speditionstrasse 23
  40221 Düsseldorf

• via contact form: www.nespresso.com/pro/de/en/kontakt

• • I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• • Ordered on (*)/received on (*)
• • Name of consumer(s)
• • Address of consumer(s)
• • Signature of consumer(s) (only if communicated on paper)
• • Place, Date

(*) Delete as appropriate.

6. Withdrawal for Entrepreneurs

If the purchase is not a consumer goods purchase (§ 474 para 1 BGB), withdrawal by the customer is excluded.

7. Delivery and Shipping Costs

7.1. Nespresso will dispatch the ordered goods no later than the first working day (Monday to Friday) following receipt of the order. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.

7.2. The customer will be separately charged for packaging and shipping of the goods ("shipping costs") as follows:

• For orders up to 450 capsules and other items (excluding machines), shipping costs of €3.90 (exclusive of applicable VAT) apply.
• For machine orders, shipping costs of €3.90 per machine ordered apply (exclusive of applicable VAT).
• For orders of 300 capsules or more, exclusively online orders are shipped free of charge.

7.3. If the purchase is not a consumer goods purchase (§ 474 para. 1 BGB), the customer must promptly inspect the goods for external damage upon delivery, and if a defect becomes apparent, immediately, but in any event within 7 working days after delivery of the goods, give notice of the defect.
7.4. Deliveries are made exclusively to delivery addresses within the Federal Republic of Germany.

8. Contract Termination

If the goods cannot be delivered to the customer twice because the goods cannot be handed over to them or if the customer does not collect the goods after appropriate notification, Nespresso may terminate the contract. In the event of termination, Nespresso will refund any amounts already paid by the customer. Any shipping costs will not be refunded; these are to be borne by the customer.

9. Returns

In the case of returns of items that can be sent by parcel, the customer must package the goods in a way that protects them against typical transport hazards. If possible, we recommend using the original product packaging for returns.
Returns should be addressed to the following address:
Nespresso Logistics Center • Returns Department • Marler Str. 608 • 46282 Dorsten

10. Prices

The prices stated on the websites www.nespresso.de are inclusive, and the prices stated on www.nespresso.com/pro and in the order documents are exclusive of the applicable statutory value-added tax. The prices listed in the order documents apply until new documents are issued.

11. Terms of Payment

The customer can pay by credit card, direct debit authorization, or invoice. The debtor of a fee claim is in default at the latest if they do not comply with the payment deadline stated on the invoice or agreed upon in the contract after the due date and receipt of the invoice. For each reminder issued after the occurrence of default, reminder fees will be charged to the customer. If a direct debit order is not honored or is debited back due to objection, Nespresso is also entitled to charge a flat fee as well as the incurred bank fees.

12. Retention of Title

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

13. Warranty

If the customer is not a consumer according to § 13 BGB, the warranty period is one year from delivery of the goods, or, if acceptance is required, from acceptance. Claims arising from liability for intent and gross negligence as well as for injury to life, body, or health remain unaffected.

14. Manufacturer's Warranty and Customer Service

14.1. The respective manufacturer of the Nespresso machines provides the manufacturer's warranty.
14.2. This warranty does not apply to faults resulting from improper use, use of non-original Nespresso capsules, non-compliance with the product instructions, limescale deposits, improper or insufficient maintenance, normal wear and tear, commercial use (except for B2B machines), use with a different power source or voltage than specified on the product, unauthorized product modification, fire, lightning, flood, or other external causes.
14.3. In case of warranty claims, Nespresso reserves the right to provide the customer with a rental machine at its own discretion for the duration of the repair. The rental machine remains the property of Nespresso at all times. It must be returned to Nespresso immediately after the repair/upon request.
14.4. For information regarding handling or other issues related to your Nespresso Professional machine, please contact Nespresso customer service at 0800 0263466 (free of charge).
14.5. Repairs carried out by Nespresso for a fee after the expiration of the warranty period are always considered goodwill repairs. The execution of the repair does not constitute an acknowledgment or waiver of the defense of statute of limitations. The warranty period for the repaired part is twelve months from the acceptance of the repaired machine.

15. Service

Nespresso offers various service contracts for repair and maintenance ("service package") for its machines. For each machine for which a valid service package is not available, Nespresso will charge service flat rates according to the current price list for each service. Errors or damages resulting from improper use, use of non-original Nespresso capsules, non-compliance with the user manual, limescale deposits, improper or insufficient maintenance, use with a different power source or voltage than specified on the product, unauthorized product modification, fire, lightning, flood, or other external causes are also not covered by the service package and will be charged by Nespresso according to the current price list.

16. Special Instructions for the Momento Coffee Machine

The Nespresso Momento coffee machine can only process original Nespresso capsules. The Nespresso Momento coffee machine is equipped with a telemetry option that allows Nespresso to install software updates on the machine via the internet. Furthermore, the Nespresso Momento coffee machine can collect usage statistics and transmit them to Nespresso or the authorized Nespresso distributor. This enables Nespresso to improve the quality of its products and services. The statistics include the brewing process and other relevant events related to the use of the machine; these are not personal data.

17. Data Protection

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

18. Applicable Law/Jurisdiction

The legal provisions of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Frankfurt am Main, provided the buyer is a merchant.

19. Provider Information:

Nespresso Deutschland GmbH, Speditionstr. 23, 40221 Düsseldorf
Managing Directors: Alessandro Piccinini, Carsten Hackel
Local Court Düsseldorf HRB 49209
VAT ID No.: DE 262128373
Contact:
Tel.: 0211 96 50 60
Email: Contact form at www.nespresso.de or www.nespresso.com/pro

20. Severability Clause

If a provision of these terms and conditions is or becomes invalid, this does not affect the validity of the entire terms and conditions. The invalid provision will be replaced by the relevant legal provision.