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Terms & Conditions of Sale and Privacy
Nestle UK Ltd and Nestle Ireland Conditions of Registration and Sale (for online orders)
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 boxes of pods, or £20. This applies to all delivery options.
xi) There is no minimum item order requirement on the ROI Website.
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.
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
- Next day delivery option is available on orders placed before 6pm Sunday to Friday inclusive, excluding bank holidays.
- Orders placed for next day delivery before 6pm on a Saturday will not be delivered until the next working day.
- Please note we do not deliver on bank / public holidays.
- 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),
(*) delete as appropriate
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.
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.
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.
BUY 8 BOXES AND RECIEVE A BOX OF CAPPUCCINO ICE FOR FREE
For a limited time only, purchase any 8 or more boxes of pods from www.dolce-gusto.co.uk or www.dolce-gusto.ie and get one free box of Cappuccino Ice containing 16 free pods (8 cups) worth £3.99 in the UK or €4.87 in Republic of Ireland
a) Open to UK and ROI
b) Customers who purchase any 8 or more boxes of pods from the NESCAFÉ® Dolce Gusto® webshop during the stated promotional period will receive one free box Cappuccino Ice.
c) In the event of stocks of Cappuccino Ice being depleted before the promotion end date, a free box of Nestea Lemon will be sent to qualifying customers in place of the stated Cappuccino Ice.
d) Offer available from 00:01 am on 07.07.2015 until midnight on 21.07.2015
e) To qualify, customers must register or log into their 'My Dolce Gusto' account, add 8 or more boxes of pods to their basket, and at the checkout one free box of Cappuccino Ice pods will automatically be added to their order.
f) Offer valid for purchases through the NESCAFÉ® Dolce Gusto® webshop only.
g) There is no limit per household, provided each order placed within the stated period is for 8 or more boxes of pods.
h) No trade, third party or bulk applications permitted.
i) 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.
j) Standard delivery times apply (see Delivery section of Terms and Conditions)
k) The Promoter reserves the right to reject any applications that it believes to be in breach of these terms and conditions.
l) Limitations of liability. The Promoter cannot assume any responsibility or liability for:
i. Any incorrect or inaccurate information entered or for any faulty or failed electronic data transmissions.
ii. 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.
iii. Inaccessibility or unavailability of the internet or the website or any combination thereof.
m) 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.
n) Any orders, including re-orders of undeliverable items, placed after the offer ends at midnight on 21.07.2015 will not qualify for the offer.
Promoter: Nestlé UK Ltd, 1 City Place, Gatwick, England, RH6 0PA
FAN VIDEO COMPETITION
a) The promotion is open to residents of GB only who have been pre-selected from the NESCAFÉ Dolce Gusto database to receive an invitation email. The email may not be passed to anyone else.
b) Entrants must be aged 18 or over and excludes employees and their immediate families of the Promoter, its agents or anyone professionally connected to the promotion.
c) Potential participants will be required to submit a photograph of themselves with the NESCAFÉ Dolce Gusto machine and provide their full name, address and daytime phone number. The closing date for receipt of confirmation to participate is 11:59pm on 09.06.15 latest. The ten (10) chosen participants will be contacted by no later than 15.06.15 and arrangements made to set up the interview which will be videoed by the Promoter. Ten chosen participants will be required to carry out further actions before the interview and filming takes place.
d) The maximum size of the photo is 5MB and the photo must be in a suitable JPEG format.
e) Submitted photos must be of the person named in the invitation email only and show them with their NESCAFÉ Dolce Gusto machine.
f) By providing an entry, each participant grants the Promoter and its agents the right to publish, use, reproduce, distribute, make available, edit and/or modify the entry in any way, in whole or in part, in commerce and in any and all media worldwide now known or hereinafter developed, in perpetuity and without consideration or notice to the participant. Providing any entry further constitutes the participant’s transfer to the Promoter of any and all rights, title, and interest in and to the entry and the entrant’s likeness, including, without limitation, all intellectual property rights.
g) The ten chosen participants will be contacted by the Promoter by no later than 15.06.15 to arrange the interview to take place in their home or at another suitable, mutually convenient, location. The interview should last no longer than 1 hour and the final video will be approximately 3 minutes long. Filming of the video will take place during week commencing 15.06.15. In the event of any participant being unavailable during that week, an alternative will be selected from those who responded to the original email.
h) A thank you gift consisting of ten boxes of pods of the participants choice will awarded to all those who go through to the final stage of being filmed. In the event of a participant cancelling the interview, the thank you gift will be forfeited and will pass to the reserve participant. Thank you gifts will be despatched to participants within 28 days of the interview taking place. In the event of circumstances outside its control, the Promoter reserves the right to offer an alternative thank you gift on equal or greater value.
i) Written acceptance of these terms will be required prior to the chosen respondents being confirmed as a participant who will be interviewed and videoed.
j) If the Promoter so elects, a potential finalist may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the promotion will not bring the Promoter into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the competition as determined by the Promoter in its sole discretion. The Promoter reserves the right to disqualify such a potential winner/finalist on the basis of the findings resulting from the background check.
k) The participant will be required to sign a legal agreement/contract prior to filming which grants Nestlé UK Ltd all rights for the video and material filmed. This agreement will be supplied in advance of the interview film date.
Limitations of Liability:
The Promoter, its agents or anyone professionally connected to the promotion, cannot 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.
- Late- or non-delivery of the original invitation email resulting in the named email recipient being unable to respond within the stated time frame.
l) The selected participants agree to execute any further such paperwork as may be necessary to give full effect to these Terms and Conditions.
m) Any question concerning the legal interpretation of the rules will be based on English law and the Courts of England and Wales will have jurisdiction.
n) The Promoter’s decision is final and binding in all matters.
o) The Promoter reserves the right to cancel, amend, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances outside its reasonable control, with no liability to any entrants or third parties but will always endeavour to minimize the effect to participants in order to avoid undue disappointment.
Promoter: Nestlé UK Ltd, 1 City Place, Gatwick, England, RH6 0PA
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
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