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Terms and Conditions

NESTLÉ UK LTD Terms and Conditions of Sale (for online orders)

1)

PURCHASE CONTRACT

i)

The UK Website and ROI Website is operated by Nestlé UK Ltd, "we", "us" or "our" (registered in England & Wales with company registration number 51491) with registered office at 1 City Place, Gatwick, England, RH6 0PA and VAT registration number is GB 169562721.

ii)

By registering or placing an order with us online you agree to be bound by these terms and conditions ("Conditions") which shall apply to all items advertised on our Website at www.dolce-gusto.ie (the "Website"). Please read these Conditions carefully. You should print a copy of these Conditions for future reference. If you do not accept them, you will not be able to order item/s from the Website.

iii)

By placing an order through the Website you warrant and represent that you are legally capable of entering into binding agreements and you are over 18 years of age.

iv)

An order placed by you is an offer and is only binding on us when we accept it. We will confirm such acceptance (if any) by sending you an email that we have received confirmation of your order, at which point a contract between us will be formed.

v)

Bulk orders from the trade or consumer groups will not be accepted.

vi)

Title in the item/s shall remain with us until we have received cleared payment. The risk in the item is passed over when the goods are successfully delivered.

vii)

The Website sells various products as may be listed from time to time.

viii)

There is a maximum order value of £200 per transaction for the UK Website and €250 per transaction for the ROI Website. Orders attempted over this value will not be processed or charged.

ix)

There is a minimum order requirement on the UK Website of 4 items, unless the order contains a machine, under the ‘Machines’ section of the UK Website. This applies to all delivery options.

x)

There is no minimum item order requirement on the ROI Website.

2)

PRICE

i)

The items indicated as for sale in the UK Website are available for sale at the sterling prices indicated on the UK Website. These prices include VAT.

ii)

As detailed further below, if Standard delivery is chosen, there is no additional cost on top of the sterling prices of the products indicated on the UK Website. If Next Day delivery is chosen, there will be a charge of £4.99 on top of the sterling prices of the products indicated on the UK Website.

iii)

On the ROI Website, the items indicated for sale are available for sale at the European Euro indicated on the ROI Website. These prices include VAT.

3)

METHOD OF PAYMENT

i)

Payments may be made by the following credit and debit cards: Visa and Mastercard. We will not dispatch your order until we have received cleared funds from your account.

ii)

We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.

4)

DELIVERY

i)

Delivery will be made to the address specified by you when you register on the Website, provided the address is within the UK or Republic of Ireland.

ii)

You have the ability to change this address through the "edit profile" feature and during the confirmation stage at the checkout. It is your responsibility to ensure you are available to receive the delivery. You will be notified by a Delivery Confirmation email that your order is on its way. If you are not at the delivery address to receive the goods, the courier will attempt to leave your delivery in a safe location and they will leave a card to notify you of the location. If a safe location cannot be found, a card with a contact number will be left for you to arrange with the courier an alternative drop off time. After two attempts the goods will be returned to us and you will be refunded the full value of the purchase, minus the delivery charge. From that point, if you still wish to receive your order, you will have to re-order via the online shop.

iii)

Products are subject to availability and prevailing market conditions. In the event of non-availability of any goods, this will be stated on the Website. From time to time delivery times may be impacted by external conditions beyond our control.

iv)

On the UK Website, the following delivery options are available. Where an order is accepted, we will use reasonable endeavours to ensure that item/s is/are delivered within the time frame below:.

FREE Standard Delivery.

• Free of charge

• Orders will be delivered in 3-5 working days from day order placed

• For orders to the Scottish Highlands and Islands, Scilly Isles, IOM and Channel Islands, deliveries will take up to approximately 8 working days.

• Orders placed at the weekend or after 6pm will be processed on the next working day.

Orders over the seasonal period may take longer.

NEXT DAY Delivery.

• Delivery charge £4.99

• Orders placed Sunday to Friday before 6pm will be delivered the next day.

• Order placed between Friday 6pm and Sunday 6pm will normally be delivered on the Monday.

• Please note this service is not available in the Scottish Highlands and Islands, Scilly Isles, IOM and Channel Islands.

v)

On the ROI Website, for any orders under the value of €45, delivery will be charged at €4.50. For orders that have a total equal to, or more than €45, delivery will be free of charge.

vi)

On the ROI Website, where an order is accepted, we will use reasonable endeavours to ensure that item/s is/are delivered within 5 working days of placing the order subject to availability of stock and receipt of clear funds.

vii)

Please note that for the UK Website the minimum order provisions stated in section 1) apply to both delivery options.

viii)

If you do not receive your order within 5 working days of receiving your delivery confirmation email, please notify us in writing or by phoning our Consumer Services team on 0800 707 6066 in the UK or 00800 6378 5385 in ROI.

5)

DEFECTIVE GOODS

i)

You must inspect the goods and notify us within 14 days of delivery in writing or by phoning our Consumer Services team on 0800 707 6066 in the UK or 00800 6378 5385 in ROI, if for any reason you are unsatisfied. If the item you purchase is faulty we may offer a repair, exchange or refund as appropriate in accordance with your legal rights.

6)

AMENDMENT OF ORDERS & CANCELLATION RIGHTS

i)

You may cancel your order at any time from the date of the order up until the date that is 7 working days from receipt of the item/s by calling our Consumer Services team on 0800 707 6066 in the UK or 00800 6378 5385 in ROI. If you cancel your order before you have received the item/s, you are entitled to refuse to accept delivery of the item/s and we will send a cheque or refund to your account with a full refund within 30 days. If you cancel your order of the item/s after you have received it/them, we will send a cheque or refund to your account with a full refund including delivery costs within 30 days and you must return the item/s to us in an undamaged and unused condition at your expense as soon as practicable. This provision does not affect your statutory rights.

7)

LIABILITY

i)

Save in respect of death or personal injury caused by our negligence, to the extent permitted under law our liability shall be limited to the purchase price of the item in question.

8)

PRIVACY

i)

At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your e-mail address in combination with your password. You agree to store your account details securely, to log off after placing any order and not to share your account details with anyone else (unless you want them to place an order on your behalf). You must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

ii)

Any personal information or material sent to the UK Website is subject to our privacy policy located at: www.dolce-gusto.co.uk/EN/global/Pages/privacypolicy.aspx

ii)

Any personal information or material sent to the ROI Website is subject to our privacy policy located at: www.dolce-gusto.ie/EN/global/Pages/privacypolicy.aspx

9)

MY NESCAFE DOLCE GUSTO

i)

On the UK Website, "MY DOLCE GUSTO" membership is open to UK residents aged 18 and over, with the exception of employees of Nestlé UK Ltd and Nestle Ireland, their families, agents or anyone professionally associated with the administration of this promotion.

ii)

On the ROI Website, "MY DOLCE GUSTO" membership is open to ROI residents aged 18 and over, with the exception of employees of Nestlé Ireland and Nestle UK Ltd, their families, agents or anyone professionally associated with the administration of this promotion.

iii)

An individual must have a unique, valid email address to create an online My DOLCE GUSTO membership account. Limited to one account per person.

iv)

On the UK Website, the Welcome Offer running from on or around midday on 31st August 2012 until further notice is a £10 webshop discount voucher code to spend in the NESCAFÉ® DOLCE GUSTO® webshop or in the NESCAFÉ® DOLCE GUSTO® Accessories Outlet. Whilst every effort was made to ensure the changeover from the free box of pods offer to the £10 discount offer took place at 12pm on 31st August 2012, due to technical circumstances beyond the Promoter's control, the precise moment was not able to be guaranteed. Please check to see which offer is applicable at the time of placing your order. See terms and conditions for more details.

To qualify for the £10 webshop discount offer, NESCAFÉ® DOLCE GUSTO® machine owners must register with My DOLCE GUSTO online, and enter the unique machine code found inside the Welcome booklet which came with their machine. A £10 webshop discount code will credited to their My DOLCE GUSTO account and should be selected at the checkout next time they place an order for the £10 discount to be deducted from their basket total.

The £10 discount code may be used as payment, or part payment, for orders with a total value of £10 or more. Use of the £10 webshop discount codes is restricted to a maximum of three (3) codes per person/household, and a maximum of three (3) codes can be entered in any 24 hour period. Discount codes are unique and can only be used once. Only one discount code can be used per transaction.

Please note that for the UK Website the minimum order provisions stated in point 1) x) also apply.

v)

On the ROI Website, The Welcome Offer running from on or around midday on 24th September 2012 until further notice, is a €12 webshop credit to spend in the NESCAFÉ® DOLCE GUSTO® webshop or in the NESCAFÉ® DOLCE GUSTO® Accessories Outlet.

To qualify for the €12 webshop credit offer, NESCAFÉ® DOLCE GUSTO® machine owners must register with My DOLCE GUSTO online, and enter the unique machine code found inside the Welcome booklet which came with their machine. A €12 webshop discount code will credited to their My DOLCE GUSTO account and should be selected at the checkout next time they place an order for the €12 webshop discount to be deducted from their basket total. Delivery charges apply.

The €12 webshop discount code voucher may be used as payment, or part payment, for orders with a total value of €12 or more, excluding delivery. Use of the €12 discount codes is restricted to a maximum of three (3) codes per person/household, and a maximum of three (3) codes can be entered in any 24 hour period. Discount codes are unique and can only be used once. Only one discount code can be used per transaction.

vi)

On the UK Website, the 'Tell a Friend' offer running from 1st August 2011 until further notice, is £10 off the registered member's next order from the webshop, and £25 off a machine from the NESCAFE® DOLCE GUSTO® web shop plus the latest valid Welcome Offer for the invited person (see separate 'Tell a Friend' offer terms and conditions page for further details).

vii)

The Promoter reserves the right to alter, amend, suspend or terminate My DOLCE GUSTO, in whole or in part, at any time giving one month's notice.

viii)

The Promoter reserves the right to refuse any application and to terminate the account of anyone that is believed to be in breach of the offer Terms and Conditions.

ix)

Any attempt to deliberately damage the Website or the information on it, or to otherwise undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

x)

Attempting to gain access to someone else's account and/or account information, or trying to obtain, generate, or guess another users account information is strictly forbidden and should any participant attempt to do this, their account will be deleted and they will be permanently banned from the Website. The Promoter may decide to take further action.

xi)

Decision of Promoter in all matters is final and binding. The Promoter, Nestlé UK Ltd, shall not be liable for any loss, damage or liability caused by matters relating to this promotion.

xii)

Further information is available at www.dolce-gusto.co.uk www.dolce-gusto.co.uk in the UK or www.dolce-gusto.ie in ROI or by contacting Nestlé Consumer Services either by completing a 'Get in touch' form on the Website at www.dolce-gusto.co.uk/contact www.dolce-gusto.co.uk/contact on the UK Website or www.dolce-gusto.ie/contact on the ROI Website or by telephone free on 0800 707 6066 in the UK or 00800 6378 5385 in ROI. Lines are open Monday to Friday from 9am – 5pm.

10)

SPECIAL OFFERS, PROMOTIONS & COMPETITIONS

i)

From time to time, and, at our complete discretion, purchases of goods may be subject to special offers.



For further information regarding these offers, please contact the NESCAFÉ® Dolce Gusto® Careline free on 0800 707 6066.

11)

GENERAL

i)

Applicable laws require that certain communications should be in writing. You agree that we may communicate with you by email, by posting notices on the Website or by writing to you at your postal address and accept (without affecting your statutory rights) that such communications comply with any legal requirements for any communications to be in writing.

ii)

Our agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

iii)

We have the right to amend these Conditions from time to time. You will be subject to the terms and conditions in force at the time that you place an order, unless any change to such terms and conditions is required by law or government authority.

iv)

All notices given by you must be sent by post to our address NESCAFÉ® DOLCE GUSTO® Returns Services, PO BOX 207, York YO91 1XY.

v)

Notices will be deemed received and properly served within 5 days of receipt by us. Notices may be posted in the Website, sent via email or through the post.

vi)

The UK Website and ROI Websites are also subject to the Nestlé Website Terms and Conditions, please visit: http://www.nescafe.co.uk/TC.aspx

12)

HELPING TO RECYCLE YOUR ELECTRICAL EQUIPMENT

How are we involved?

Recycling facilities are now available for all customers at which you can deposit your old electrical products. This is a requirement under UK, Irish and European legislation (The Waste Electrical and Electronic Equipment – or WEEE – Directive). The aim of the legislation is to:

Make good use of the materials that make up old electrical equipment by recycling rather than disposing in landfill.

Prevent the negative environmental effects of sending often hazardous electrical equipment to landfill.

As a conscientious business, Nestlé has chosen to group together with other retailers in joining the 'Distributor Take Back Scheme'. Through this scheme, we have paid toward the provision of improved of recycling facilities for our customers.

How does this work in practice?

For UK customers will be able to take any old electrical equipment to participating civic amenity sites (often known as 'household waste recycling centres') run by their local councils. Please remember that this equipment will be further handled during the recycling process, so please be considerate when depositing your equipment. Funding collected through the Distributor Take Back Scheme has been distributed between all Local Authorities in the UK to ensure the provision of improved recycling facilities. Producers of these products will then ensure that deposited items are taken away and recycled.

For ROI Customers to avail of the free one-for-one and like-for-like take back, customers should bring their old household WEEE to their local Civic Amenity Centre, details of which are at http://www.weeeireland.ie/consumers_local_depo.htm. Alternatively, WEEE may be taken back on the delivery of the electronic item purchased. We will give you 24 hours' notice of the delivery where the product purchased is an electrical or electronic product. If, on delivery, having given 24 hours' notice, the item of WEEE is not ready for collection, you can bring the WEEE to the take-back location specified above within 30 days of delivery. In the event that we do not give you 24 hours' notice and the item of WEEE is not ready for collection at the time of delivery of the electrical or electronic product purchased from us, we will return within 15 days to collect the item of WEEE.

Where to dispose of electrical equipment?

Wherever practical, old electrical waste should not be disposed of with your household waste. For UK customers you can locate your closest participating collection site at www.recycle-more.co.uk (please remember to have your postcode to hand). For ROI customers you can locate your closest participating collection site at http://www.weeeireland.ie/consumers_local_depo.htm.

Other information

UK households dispose of over 1.2 million tonnes of electrical and electronic waste every year. This is the equivalent of 150,000 double decker buses and would be enough to fill the new Wembley Stadium 6 times over. Much of the UK and Ireland’s electronic waste ends up in landfill sites, where toxins put communities at risk. Failure to segregate any type of recyclable material in the home will usually result in items being disposed of in a landfill site (buried in the ground in the UK) or being incinerated. To remind you to recycle, all new electrical products are marked with a crossed out wheeled bin symbol.

Promoter: Nestle UK Ltd, 1 City Place, Gatwick, England , RH6 0PA