TERMS AND CONDITIONS
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Notice (link). Nespresso invites you to read such Privacy Notice carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material, which is not considered to be personal data, communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
GENERAL CONDITIONS OF SALES
Applicable version with effect from 29.06.2023
The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Perroy Fi Oy - Official distributor of Nespresso in Finland - Itämerenkatu 1- 00180 Helsinki, Finland - BI: 3342322-9 referred to as “Nespresso” or "we", "us" or "our" having its registered office at Keilasatama 5, 02150 Espoo in a store or remotely (letter, telephone, the Internet, and via the Nespresso application), concerning the machines belonging to the offers to private consumers, as well as their consumables and accessories dedicated to this line (the “Products”).
Each order placed with Nespresso or any of its affiliated companies 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.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. 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 Products 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). You may exercise your right to cancel if you are not happy with the changes as they apply to your order. Regarding the ongoing subscriptions, we may change these General Conditions of Sales, if there is a) a substantial rise in production, purchasing or other costs, b) an essential change in circumstances which we could not foresee when the contract was concluded, or c) a change in legislation or an official ruling which we could not foresee when the contract was concluded. We will inform you about such potential changes in advance, and you may exercise your right to cancel if you are not happy with the changes as they apply to your order.
We will send you a copy of these General Conditions of Sales with your Products. However, you have the possibility to download, save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records.
Any order placed through this Website can only be delivered to addresses in Finland. We regret that we cannot deliver elsewhere.
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be valid and up-to-date.
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.
Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. To prevent your data from being compromised or eavesdropped during the use of our Website we enforce the TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and at least during login on other platforms. 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.
If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, please notify Nespresso immediately by calling the Customer Relationship Centre on 0800 177 601 (toll free) or email firstname.lastname@example.org.
You are also invited to take the following precautions:
- When you have completed your visit of the Website, always use the Logout button on the top to effectively close the session.
- Your account username, password and access rights are exclusively for your personal use and shall not be transferred to or shared with any other person.
If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, Nespresso shall immediately suspend the use of such account (including processing any transaction from such account).
- You can place your orders:
- by internet: www.Nespresso.fi
An order of Nespresso Product through the Website is placed by clicking on “Add to Basket” button and proceeding to the checkout page.
After placing an order of Product(s) on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
Please never provide your debit or credit card details on letters. You will be called back to finalise the order and proceed to the payment in a secure way.
Once you have submitted and confirmed your order(s), Nespresso will acknowledge receipt of the order(s) by setting out details of the ordered Product(s).
After confirming receipt of your order(s), Nespresso will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Nespresso will only be formed when Nespresso confirms that all or part of the Product(s) is/are still available and has/have been dispatched. The contract is formed on sending of the shipment confirmation. The confirmation of dispatch by Nespresso will be proof of a binding agreement between you and Nespresso.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, Nespresso is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product 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 full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Nespresso 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 which Nespresso suspects are not placed in good faith.
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of VAT.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
The obviously erroneous prices indicated on the Website are not binding to the extent that you, as a consumer, should have reasonably known that the price is erroneous.
Nespresso reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Nespresso.
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by credit card, bank transfer or gift card. Payments must specify your client number and/or invoice number.
The value of your purchase(s) will be settled from the applicable card once Nespresso has sent you the order confirmation by email.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Nespresso does not receive the authorisation, Nespresso reserves the right to cancel your order.
If order is paid with credit card or gift card, the order will not be shipped until payment is received or payment has been authorised or processed.
The data registered by our payment system constitutes full proof of the financial transactions.
All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order. The available delivery option is by mail.
Nespresso and/or companies authorised by Nespresso may contact you by SMS, telephone and/or email with information regarding your order and delivery.
Nespresso does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within 1 working day, if the order has been made by 4pm and the order is delivered to the 24h delivery area. If the order is delivered outside the 24h delivery area, the delivery time is 48h and will be informed during the order process. In case the delivery has not occurred within the above indicated term, you shall either take contact with Nespresso to agree on an additional delay to deliver the Products, or cancel your order by notifying Nespresso.
In order to deliver orders on time, Nespresso strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.
Transfer of property and risk
The delivered Nespresso Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.
All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing Products, you must notify our Customer Relationship Centre within a reasonable period after you discovered the damage or missing Product and not later than two months. Nespresso shall in such case provide you with identical replacement Products.
This does not affect your legal warranty statutory rights detailed in Section Warranties of the General Conditions of Sales.
If you cancel your order before you have received Product(s), you are entitled to refuse the delivery of the Product(s) and we will refund you in full within 14 days after you have notified us of cancelling your order. When the order hasn’t yet been processed by our warehouse, you can send an email to email@example.com with your name and your order number in order to notify us of cancelling your order.
Right of withdrawal
You may also decide to return your order at any time from the date of the order up until the date that is 14 days from receipt of the Products.
To return, please fill out the withdrawal form, which you can find below, or call our Customer Relationship Centre on 0800 177 601 (toll free).
Once you have notified us of your intention to return the Product/s, you will have 14 days to return the Product/s to us, in accordance with our return policy detailed in Section Return Policy of the present General Conditions of Sales.
You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.
Effects of withdrawal
If you exercise your withdrawal right, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest. 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.
When you return the Product, you must return the Products to us in an undamaged and unused condition at your expense within 14 days from informing us of your intention to return the item. You may be released from returning the Products at your expenses by calling our Customer Relationship Centre on 0800 177 601 (toll free) and ask for a free return label.
In so far as possible and practicable, the Products should be returned in their original condition and packaging. You shall send back the Products or hand them over to us or return them to an authorised point of return, where the products have been purchased (Nespresso Boutiques), 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. To the extent practicable, and for due process of your request, the Products should be returned accompanied by the invoice and the return form. The deadline is met if you send back the Products before the period of 14 days has expired.
The machines are covered by the manufacturer’s warranty in accordance with the conditions transmitted at the time of the purchase, without prejudice, however, of your legal rights under applicable mandatory consumer protection legislation. The manufacturer's warranty term is 24 months.
After- Sales Services
You are responsible for the standard maintenance and cleaning of the machine. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Nespresso shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact our Customer Relationship Centre on 0800 177 601 (toll free) for advice and assistance.
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. To the extent permitted by applicable law, Nespresso 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 Sale and to the extent permitted by applicable law, 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 known by Nespresso), capable of arising in connection with its Products, their use, sale or this Website.
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 Products for personal and private use and you agree not to use the Products 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.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Nespresso will make every reasonable effort to fulfil its obligations. However, Nespresso 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 or any others that make impracticable or impossible the production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Nespresso's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. 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.
If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us at our Customer Relationship Centre on 0800 177 601 (toll free) or by email at firstname.lastname@example.org. You will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including delivery charges.
The present General Conditions of Sale and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of Finland, without resort to its conflict of law provisions.
Any dispute or claim arising out of or in connection with General Conditions of Sale or your purchase of Products from Nespresso (including non-contractual disputes or claims) shall be subject to the jurisdiction of the Finnish courts.
As a consumer, you have a right to bring the dispute before the District Court of your domicile. The consumers also have the right to turn to the consumer advice service of the Finnish Competition and Consumer Authority (https://www.kkv.fi/kuluttajaneuvonta/), and subsequently request for solution from the national Consumer Disputes Board (www.kuluttajariita.fi). Moreover, a consumer may turn to European Commission’s Online Dispute Resolution platform (http://ec.europa.eu/odr).
These General Conditions of Sale do not affect any of your statutory rights that under applicable law cannot be limited or excluded.
Perroy Fi Oy - Official distributor of Nespresso in Finland
Itämerenkatu 1, 00180 Helsinki, Finland
0800 177 601 (toll free) (open weekdays 09:00-18:00)
Withdrawal form model (Decree 110/2014 of the Finnish Ministry of Justice)
(fill in and return this form only if you want to cancel the contract)
— Recipient [Perroy Fi Oy - Official distributor of Nespresso in Finland - Itämerenkatu 1, 00180 Helsinki, Finland - Info@nespresso.fi:
— I/We hereby declare (*) that I/we wish (*) to cancel the contract concluded by me/we concluded (*) concerning the delivery of the following goods (*) / the performance of the following service (*):
— Date of order (*)/Date of receipt (*)
— Name of the consumer (*) / Names of consumers (*)
— Name of the consumer (*) / Names of consumers (*)
— Consumer signature (*) / Consumer signatures (*) (only if the form is completed in paper form)
— The date
(*) Unnecessary is crossed out.