Terms & Conditions of Sale and Privacy

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

Updated 06.06.2017

 

 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.

 

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 (UK Website)

 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 (UK Website)

 Delivery charge £4.99

- Express 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 if you select this service it will require a signature on delivery.

- Please note this is a 2 day delivery service to Northern Ireland.

- Please note this service is not available in the Scottish Highlands and Islands, Scilly Isles, IOM, Channel Islands and Isle of Wight. 

 

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.

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.. 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. There is a minimum order requirement on the UK and ROI Websites of 4 boxes of pods, or £20. This applies to all delivery options. 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 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.

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) SUBSCRIPTION SCHEME

N.B. THIS SCHEME IS CURRENTLY AT ITS MAXIMUM MEMBERSHIP LEVEL. AN ANNOUNCEMENT WILL BE MADE ON THE WEBPAGE IF/WHEN WE BECOME OPEN FOR NEW REGISTRATIONS.

i)    When you register for the NESCAFÉ Dolce Gusto Subscription scheme (the Scheme) on our web site you will automatically be signed up to receive a delivery of pods;

ii)   Pods will be dispatched to you once a month on the date you signed up for the Scheme. We promise that we will not increase our prices for 6 months from the start of the Scheme which is 24th August 2015;

iii)  If the prices increase you will be notified by email before your next order is placed;

iv)  We can only accept three [3] subscriptions for the Scheme per household (businesses are not eligible for participation in this Scheme);

v)   You can make changes to your orders or subscription at any time. Please sign into “My Account” for details. You will be notified by email that your account has been changed / cancelled. Any orders that have been processed before the change/cancellation will be dispatched by us;

vi)   If you choose to order between 4 and 5 pod boxes of your choice per month, your second order and every order thereafter will be eligible to a 5% discount;

vii)  If you choose to order between 6 and 9 pod boxes of your choice per month, your second order and every order thereafter will be eligible to a 10% discount;

viii) The maximum number of pod boxes per delivery is 9;

ix)   If you subscribe for 6 or more pod boxes per delivery and receive 12 months’ of deliveries during a continuous 15 month period then you will be eligible for a free NESCAFÉ Dolce Gusto machine (free machines do not include the Movenza or Eclipse models). This free machine offer will be valid for the first year only and is restricted to one free machine per household. Model availability will depend on the travailing stock situation at the time of redeeming the offer. In the event of low stocks of any particular model, available machines will be offered on a first-come, first-served basis;

x)    If a NESCAFÉ Dolce Gusto product is out of stock, we will notify you via email and ask you to make an alternative choice before your order is processed;

xi)   If a product within your subscription has been discontinued we will notify you via email and ask you to make an alternative choice before your order is processed;

xii)  Subscription offers cannot be used in conjunction with any other offers. In the event of a Subscriber wishing to take up any of the non-subscription promotional offers available from time to time, they will be required to place a separate non-subscription order to qualify for that offer;

xiii) Magnum Packs are not available for inclusion in any order made via the Subscription Scheme;

xiv) From time to time, Limited Edition packs may be offered for sale via the NESCAFÉ Dolce Gusto webshop.  These Limited Editions will not be available as part of the Subscription Scheme but can be purchased separately;

xv)  The Promoter reserves the right to terminate the NESCAFÉ Dolce Gusto Subscription Scheme at any time by a) making an announcement on the website and b) directly contacting all existing active members giving them one month’s notice via an email to the email address on their original registration. In such an event existing members will be given 28 days to redeem any remaining eligible rewards that have not yet been claimed. 

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

 

11) SPECIAL OFFERS, PROMOTIONS & COMPETITIONS

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

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A CHANCE TO WIN 1 YEAR OF FREE COFFEE

UK, 18+. No purchase necessary in NI. Closing date 31.05.17. See back for details and terms and conditions.

Full Terms & Conditions:

1. The Promotion is open to UK residents and excludes employees and the immediate families of the Promoter, its agents or anyone professionally connected to the Promotion.

2. Entrants must be aged 18 or over. 

3. There are four (4) draws in total. The closing dates for entry of codes, is as follows:

Draw 1: Entries from 00:01 on 1st June 2016 until midnight on 31st August 2016

Draw 2: Entries from 00:01 on 1st September 2016 until midnight on 30th November 2016

Draw 3:  Entries from 00:01 on 1st December 2016 until midnight on 28th February 2017

Draw 4:  Entries from 00:01 on 1st March 2017 until midnight on 31st May 2017

4. To enter without purchase in Northern Ireland only, send your name, date of birth, email and postal address to: “NESCAFÉ Dolce Gusto Free Coffee Promotion, NPN, PO Box 207, York YO91 1XY”. Only one promotional code will be issued per stamped, mailed envelope.  Bulk entries or entries sent through trade, consumer groups, agents or third parties will not be accepted.  Codes will be sent to the email address provided. Requests for a free code must be made by no later than 21st May 2017.

5. The Promotion is available on NESCAFÉ Dolce Gusto packs featuring the “WIN a Year of Free Coffee” promotional flash, while stocks last. 

6. To enter, find the unique code printed inside your NESCAFÉ Dolce Gusto “WIN 1 YEAR OF FREE COFFEE” promotional pack, log-in or register on www.dolce-gusto.co.uk/win 
and enter the code as instructed. Participants may enter as many times as they wish provided they use a new unique code for each entry.  Codes can only be used once. No person may win more than one prize.

7.  There are four (4) prizes to be won in total.  Each prize consists of one year’s free coffee (pods equivalent to 365 cups). The first delivery will include three months’ supply made from a selection from the entire NESCAFÉ Dolce Gusto range.  Winners will then receive a unique promotional code to use on www.dolce-gusto.co.uk to redeem their supply on a three monthly basis. Arrangements will be made directly with winners to provide an email address for the promotional code to be sent to on a three monthly basis to redeem the supply from the Webshop.  

8.  Winners will be informed via email within 28 days of their win following a verification process. Winning notifications include details of how to claim.

9.  If they prefer, the winners may enter their prize code on the ‘My Codes’ page of the website once they have logged in.  As the codes are unique and single-use, winners will not then be able to re-enter these codes elsewhere, or for any other purpose.

10. All winners will be selected at random via an independently supervised draw from all eligible entries received for that draw. No one person may win more than one prize throughout the duration of the promotion.

11. When registering for the Promotion, entrants will be required to provide information including their first name, last name, date of birth, postal address, phone number and email address.  In the event that the specified information is not provided, the entry will be considered incomplete and therefore invalid. 

12. Registered contact details will be used to notify winners of their prize and also verify the postal address to which the winners’ prizes will be sent.  Therefore all entrants must ensure they provide valid contact details and are contactable for the duration of the Promotion.  In the event of an entrant’s email address becoming inaccessible during the Promotion, the Promoter is not able to retrieve and amend any existing entries to a new email address.

13. Each draw will take place and the winners will be notified by email within 28 days of each draw closing date.

14. The Promoter reserves the right to withdraw prizes if any of the prize winners cannot be contacted within 28 days and after three attempts.

15. Internet access is required to enter into the Promotion.

16. Codes are case sensitive and must be entered online exactly as they appear in the pack.  Each code is unique and can only be used once.  Attempts to enter the same code more than once, the use of codes from non-promotional packs, or the use of any promotional codes not intended for use in this Promotion, may result in disqualification and all entries will be declared void.

17. The codes have no value and cannot be transferred or sold.

18. Winning claims will be subject to a full verification process. Entrants should retain their packs in case they are a winner as original codes will be required to claim their prize. 

19. Proof of sending is not proof of receipt.  Responsibility cannot be accepted for claims that are lost, damaged or delayed, nor any associated costs to entrants/participants.

20. 

I.  There are no cash or other alternatives available, in whole or in part, except that in the event of circumstances outside of its control, the Promoter reserves the right to substitute similar alternatives of equal or greater value.

II. Prizes are as specified and are non-transferable.  

21. The first instalment of the prize will be delivered within 28 days of winner validation and address confirmation.

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

a. Any incorrect or inaccurate code entry, or for any faulty or failed electronic data transmissions.

b. Any unauthorised access to, or theft, destruction or alteration of codes at any point in the operation of this Promotion.  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.

c. Inaccessibility or unavailability of the internet or the website or any combination thereof.

d. Any injury or damage to participants/entrants upon delivery and/or use of their prize.

e. Regretfully, we cannot be held liable for system failures on the website.

23. Conduct of entry/participation: Participants/Entrants of the Promotion agree to be bound by these Terms and Conditions.  The Promoter reserves the right at its sole discretion to disqualify any participant/entrant found to be tampering with the code redemption process or the operation of the Promotion; 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.

24. By taking part in the Promotion, participants/entrants acknowledge that they may be required to take part in relevant publicity without further consent or payment.  Such publicity may include, without limitation, the participants’/entrants’ names and/or image, statements made by the participants/entrants concerning the Promotion and/or prizes obtained as part of the Promotion.

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

26. 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.

27. The Promoter does not assume any responsibility for codes damaged or defaced in the way the product packaging is opened.  Participants, who cannot read their code due to a genuine printing error, should send the packaging along with their name, email address and postal address to the Promoter at, "NESCAFÉ Dolce Gusto “Win a Year of Free Coffee” Promotion, PO Box 207, York YO91 1XY, and a replacement code will be sent to them.  Claims for replacement codes must be made by no later than 21st May 2017.

28. The names and counties of winners will be available via the official www.dolce-gusto.co.uk webpage for a minimum period of 3 months from 30th June 2017. 

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

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12) GENERAL