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Terms & Conditions of Sale and Privacy


Nestle UK Ltd and Nestle Ireland Conditions of Registration and Sale (for online orders)

Updated 20.03.2015

 

 1) PURCHASE CONTRACT

i) The UK Website and ROI Website is operated by Nestlé UK Ltd (the "Promoter", "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) For orders place on the ROI Website the trading address is Nestlé (Ireland) Ltd with registered office at 3030 Lakedrive, Citywest Business Campus, Dublin 24 and VAT registration number is IE8Z45096M

iii) 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 UK Website at www.dolce-gusto.co.uk or ROI Website 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.

iv) By placing an order through the Website you warrant and represent that you are legally capable of entering into binding agreements and you are at least 18 years old.

v) 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.

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

vii) 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.

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

ix) 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.

x) There is a minimum order requirement on the UK Website of 4 items, or £20. This applies to all delivery options.

xi) 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 Euro prices 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 "My Account”, “My Addresses” " 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. 

iii) If you are not at home when the courier delivers your parcel, they will endeavour to leave it in a safe location within your property or with a neighbour. To protect the safety of your goods we have certain guidelines in place as to what counts as a 'safe location'. For example, in or around waste bins is not permitted.  If this happens, the courier will post a card through your door to let you know where the parcel has been left. Alternatively, they will attempt to deliver at a later date. If this happens they will leave a card with a parcel reference number on it. With this number you can find out where your parcel is and re-arrange a delivery over the phone or through the couriers online tracking system. After three 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.

iv)  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.

v) 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 OR INCOMPLETE OR INCORRECT ORDERS

i) You must inspect the goods and notify us within 14 days of delivery in writing to Nestle UK Ltd, PO Box 207, York YO91 1XY, UK 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 14 working days from receipt of the item/s by filling out the withdrawal form below or 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 14 days of your refusal to accept delivery of the item/s. If you cancel your order of the item/s after you have received it/them you must return the item/s to us in an undamaged and unused condition at your expense within 14 days from informing us of your cancellation.  Within 14 days of receipt of your item/s, we will send a cheque or refund to your account with a full refund including delivery costs.  This provision does not affect your statutory rights.

 

Model withdrawal form:

 (Complete and return this form only if you wish to withdraw from the contract)

— To NESCAFÉ® DOLCE GUSTO® Returns Services, PO BOX 207, York YO91 1XY:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*) delete as appropriate

 

 

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.

ii) The images of the items on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images.

 

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.

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

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

 

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.

ii) 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.. 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 that came with their machine, at checkout when placing an order or under the 'My Account' section of the website. If the code is added under 'My Account', it must be redeemed when in the basket. It will not be automatically added to the basket. 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 within a 30 day period, and up to a maximum of ten (10) codes can be entered each year. 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, at checkout when placing an order or under the 'My Account' section of the website. If the code is added under 'My Account', it must be redeemed when in the basket. It will not be automatically added to the basket.  €12 will be automatically  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 webshop discount codes is restricted to a maximum of three (3) codes per person/household, and a maximum of ten (10) codes can be entered each year. Discount codes are unique and can only be used once. Only one discount code can be used per transaction.

vi) 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 in writing.

vii) 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 Conditions.

viii) Any attempt to deliberately damage the Website or the information on it, or to otherwise undermine the legitimate operation of any 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.

ix) 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.

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

xi) Further information is available at www.dolce-gusto.co.uk in the UK or www.dolce-gusto.ie in ROI or by contacting Nestlé Consumer Services either by completing the contact us form on the Website at www.dolce-gusto.co.uk/pages/info-and-service/contact-us.html on the UK Website or www.dolce-gusto.ie/pages/info-and-service/contact-us.html 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

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

 

NESCAFÉ® DOLCE GUSTO® - REVIEW TO WIN PROMOTION FULL TERMS AND CONDITIONS

1. The Promotion is open to UK and ROI residents aged 18 and over only, and excludes employees of Nestlé UK Ltd, their immediate families, agents or anyone professionally connected to the promotion.

2. No purchase necessary.

3. To enter, participants must leave a product review on the NESCAFÉ® Dolce Gusto® UK and ROI webshops. To leave a review:
a) Log into your Dolce Gusto account, or register for one
b) Go to your favourite Dolce Gusto product (can be a drink, accessory, or machine)
c) Click ‘write a review’
d) Leave a review and click submit

4. There are 10 prizes available to be won consisting of a £10 / €12 webshop voucher per winner. Entries can be made from 11:00 on Wednesday 4th of March 2015 until 23:59 on Sunday 15th March 2015 by leaving a product review on either https://www.dolce-gusto.co.uk/ or https://www.dolce-gusto.ie.

5. The 10 winners will be drawn at random via a third party company, from all those who have left a review throughout the duration of the promotion. Winners will be contacted via email within 7 days of the promotion closing, and also announced within a Facebook note. The winners will have 14 days within which to confirm acceptance of the prize and verify their details. In the event of the winner failing to confirm acceptance of the prize within 14 days from notification, the Promoter reserves the right to withdraw the prize and award it to a reserve winner drawn at the same time as the original.

6. The prize will be emailed to the winner within 30 days of the draw date following verification as a genuine winner.

7. No cash alternative will be available. The prize is non-transferable and cannot be re-sold.

8. All NESCAFÉ® Dolce Gusto® members who leave a review on the UK or ROI webshop within the promotion period will be included in the prize draw for a chance to win. Any comments made after 23:59 on Sunday 15th March 2015 will not be eligible for inclusion in the draw. Entry instructions are deemed to form part of the full terms and conditions.

9. The Promoter’s decision is final and binding in all matters.

10. Participants may leave as many reviews as they wish, however, only one entry per person/per NESCAFÉ® Dolce Gusto® webshop account will be included in the prize draw. All entrants have the same chance of winning the prize of a £10 webshop voucher code.

11. The Promoter reserves the right to substitute the stated prize, in whole or in part, should the prize become unavailable for any reason, with an alternative of equal or greater value.

12. The name and country of the winners can be obtained by sending an email entitled “NESCAFÉ® Dolce Gusto® Review to win” to Andrew@spreadingjam.com from Wednesday 1st April 2015 for a minimum of three months.

13. No one person may win more than one prize. The Promoter reserves the right at its sole discretion to disqualify any individual found to be tampering with the operation of the promotion, setting up multiple accounts, using multiple identities or to be acting in any manner deemed by the Promoter to be in violation of the Terms and Conditions; or to be acting in any manner deemed by the Promoter to be disruptive.

14. By entering the Promotion entrants acknowledge that they may be required to participate in publicity relating to the Promotion without further consent or payment. Such publicity may include, without limitation, the entrants name and/or image, statements made by the entrants concerning the Promotion and/or prizes, and moving images of the entrants taken as part of the Promotion.

15. By entering this Promotion, entrants agree to be bound by the Terms and Conditions governing this Promotion.

16. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Facebook shall not be liable in any way whatsoever to the participants. Furthermore, any questions, comments or complaints regarding the promotion will be directed to the Promoter, not Facebook.

17. Any person posting, or seen to be posting, comments to the ‘NESCAFÉ® Dolce Gusto®’ Facebook page or elsewhere during the promotion that are considered bullying, spiteful, inappropriate or offensive comments, or comments that are upsetting to other participants, fans of ‘NESCAFÉ® Dolce Gusto®’ or directly aimed at the Promoter, will have their comments removed and will be disqualified from the promotion. The Promoter reserves the right to alert Facebook to any such behaviour, which may result in the person’s account being frozen pending investigation.

18. Limitations of liability: Neither the Promoter, its agents or anyone professionally connected to the promotion, assume any responsibility or liability for:

 Any incorrect or inaccurate personal data entry, or for any faulty or failed electronic data transmissions.
 Communications line failure, regardless of cause, with regards to any equipment, systems, networks, lines, satellites, servers, computers or providers utilised in any aspect of this promotion.
 Inaccessibility or unavailability of the internet or the Facebook page or any combination thereof.
 Any injury or damage to entrants upon delivery and/or use of the prize.

19. The Promoter reserves the right to cancel or amend the promotion or these terms and conditions at any stage but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
20. For the Promoter’s Privacy Policy, visit: http://www.nestle.co.uk/content/footer/privacy. All entries will be subject to Facebook’s terms of use which can be found atwww.facebook.com.
21. To ensure fairness and the integrity of the promotion to all participants, the Promoter will not enter into discussions regarding the running of this promotion via Facebook, but will respond to questions via consumer.services@uk.nestle.com

Promoter: Nestlé UK Ltd, 1 City Place, Gatwick, RH6 OPA, England

 

Buy 6 boxes of pods and get one free "Iconic Lungo Cup Set"

Purchase any 6 or more boxes of pods from www.dolce-gusto.co.uk or www.dolce-gusto.ie and get one free "Lungo Cup Set" (two cups and two saucers) worth £14.99.

Terms and Conditions

1. Open to UK and ROI.

2. Customers who purchase any 6 or more boxes of pods from the NESCAFÉ® Dolce Gusto® webshop during the stated promotional period will receive one free "Lungo Cup Set" (two cups and two saucers). In the event of stocks of the "Lungo Cup Set" (two cups and two saucers) being depleted before the promotion end date, an item of equal or higher value will be dispatched in place of the original offer.

3. Offer available from 10:00 on 18.03.2015 until midnight on 24.03.2015.

4. To qualify, customers must register or log into their ‘My Dolce Gusto’ account, add 6 boxes of pods to their basket, and at the checkout one free Lungo Cup Set will automatically be added to their order.

5. Offer valid for purchases through the NESCAFÉ® Dolce Gusto® webshop only.

6. There is a maximum limit of two sets of cups per household when two transactions consisting of 6 boxes or more each are made during the stated promotional period.

7. No trade, third party or bulk applications permitted.

8. Offer subject to availability. In the event of unforeseen difficulties in providing the stated item(s), the Promoter reserves the right to offer an equivalent of equal value or greater value until the stated closing date. Pods are subject to availability and prevailing market conditions. In the event of non-availability of any goods, this will be stated on the website.

9. Standard delivery times apply (see Delivery section of Terms and Conditions)

10. The Promoter reserves the right to reject any applications that it believes to be in breach of these terms and conditions.

11. Limitations of liability. The Promoter cannot assume any responsibility or liability for:

a) Any incorrect or inaccurate information entered or for any faulty or failed electronic data transmissions.
b) Communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of this promotion.
c) Inaccessibility or unavailability of the internet or the website or any combination thereof.

12. Applicants have the ability to change their address through the "edit profile" feature and during the confirmation stage at the checkout. Customers must ensure they are available to receive the delivery. If the customer is not at the delivery address to receive the goods, a card with a contact number will be left for them to arrange with the courier an alternative drop off time. After three attempts the goods will be returned to the Promoter and the customer will be refunded the full value of the purchase. From that point, if the customer still wishes to receive the order, they will have to re-order via the online shop.

13. Any orders, including re-orders of undeliverable items, placed after the offer ends at midnight on 24.03.2015 will not qualify for the offer.

For further information regarding this offer, please contact the NESCAFÉ® Dolce Gusto® Careline free on 0800 707 6066 in the UK or 00800 6378 5385 in ROI.

Promoter: Nestlé UK Ltd, 1 City Place, Gatwick RH6 0PA.

 

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 on 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/terms_and_conditions_en_co_uk.axcms?ActiveID=1133

 

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: Nestlé UK Ltd., 1 City Place, Gatwick, England RH6 0PA