Nespresso France General Terms and Conditions for Individuals

Scope of Application

These general terms and conditions apply to all orders placed by individuals (natural persons purchasing Products for their personal needs and those of their relatives) from Nespresso France (SAS with a capital of €1,360,000 - RCS Paris 382 597 821), in-store or remotely (mail, telephone, internet), deliverable in mainland France (including Monaco and Corsica), for new and reconditioned Original and Vertuo range machines, as well as for capsules and accessories dedicated to these ranges (hereinafter referred to as the "Product(s)").

Orders

1.1 Minimum quantity per coffee order:

• In-store: one sleeve.
• Remote sales: 50 capsules across all ranges/technologies.

1.2 Property Retention: Nespresso retains ownership of the delivered Products until full payment of invoices and reserves the right to suspend delivery or refuse the order in case of payment delay until the debtor's account is fully regularized.

1.3 Right to Refuse Order: Nespresso reserves the right to refuse an order or demand advance payment in case of invoice arrears or insolvency.

1.4 Product Availability: Products are offered for sale within the limits of available stocks.

Price, Invoicing, and Payment

2.1 Prices: Prices of ordered Products are invoiced inclusive of all taxes (excluding eco-contribution) and are those in effect on the day of purchase in-store or order for remote sales. Invoices are payable in cash. No discount will be applied for advance payment.

2.2 Payment Methods: Payments are made in cash, by credit card (MasterCard, Visa, American Express), direct debit, or bank transfer, specifying your customer and/or invoice number. Nespresso's bank details are as follows: IBAN: FR 76 3000 4013 2800 0106 4003 204 / BIC: BNPAFRPPPTX. Payments by check are not accepted.

2.3 Late Payment: In case of non-payment of sums due by their due date, a conventional late payment penalty of 10% of the sums due will be charged, with a minimum of €15 per debt. This penalty will not exceed €40 regardless of the total amount remaining due.

Delivery Costs and Methods for Remote Sales

Nespresso offers several delivery methods: standard or premium delivery. Depending on the selected delivery method, any delivery costs payable by you will be those in effect on the day of your order and will be specified before the finalization of your order. Some premium delivery methods are only available in certain areas and during specific time slots.

Nespresso endeavors to ensure deliveries in mainland France within 4 working days from order validation, to your chosen address or to one of the pickup points available during the selected retailer's opening hours. You may be asked for proof of identity.

Product Verification

It is your responsibility to check the quantity and condition of the Products upon receipt and, in case of damage or shortage, to make the usual reservations with the carrier and inform Nespresso within 7 (seven) days of receipt (keeping the invoice). Nespresso will then provide you with identical replacement Products or refund you. The risks of loss and deterioration of the Products are transferred to you upon delivery.

Right of Withdrawal

5.1 Withdrawal Period: Regardless of the distribution channel used, you have a period of 14 days from receipt of the Product to notify us of your wish to return it if it does not suit you, then 14 days from this notification to return it, without having to state a reason. To exercise this right, you can use the model withdrawal form available on www.nespresso.com or make any unambiguous statement indicating your intention to return the Product.

5.2 Conditions for Return: For hygiene and safety reasons, only unused Products, properly protected, in their original packaging, in perfect condition, fit for resale, and accompanied by all accessories, user manuals, and documentation, as well as the corresponding invoice, will be accepted for return.

5.3 Refund: Subject to the foregoing, Nespresso will refund you from the receipt of the returned Products the price of the returned Products and any delivery costs charged, within 14 days following the date on which you exercised your right of withdrawal. Return shipping costs will be at your expense.

5.4 Personalized Products: For personalized Products (e.g., engraving), the right of withdrawal does not apply.

Commercial Warranty

In addition to the legal guarantees detailed in Article 9, Nespresso offers its customers a commercial warranty, valid for 24 months for all machines in the Original and Vertuo ranges from the date of purchase of the machine, allowing you to report any defect of your new or reconditioned machine (excluding removable parts) and obtain either repair or replacement of your machine. Should any costs be at your charge, you will be notified before any action. Full terms and conditions are available by phone (service and call free from a landline or mobile) from our customer service center at 0800.55.52.53 or on the website www.nespresso.com/fr/fr/services-assistance-machine-en-boutique.

Nespresso will be released from any liability in case of modification, repair, addition, and/or replacement of spare parts on your machine by any party other than Nespresso-approved repair centers.

Legal Guarantees

7.1 Legal Guarantee of Conformity: (Articles L. 217-3 to L. 217-17 of the French Consumer Code) allows you to report any non-conformity of your Product, its packaging, and assembly instructions with what was agreed upon at the time of purchase. It is valid for 24 months from the delivery of the Product and allows you to obtain free of charge either its repair or replacement or, failing that, a price reduction or the termination of your contract within 30 days. In case of repair or replacement of the Product, Nespresso will bear the costs of returning the Product by carrier. Any Product repaired under the legal guarantee of conformity benefits from a 6-month extension of this guarantee. Non-conformities appearing within 24 months from the delivery of the Product are, unless proven otherwise, presumed to exist at the time of delivery. For used Products, this presumption period is set at 12 months; beyond this period, it is your responsibility to prove the existence of the non-conformity at the time of sale.

7.2 Legal Guarantee for Hidden Defects: You also benefit from the legal guarantee for hidden defects under articles 1641 to 1649 of the Civil Code, for a period of 2 years from the discovery of the defect. This guarantee entitles you to a price reduction if the Product is kept or to a full refund in exchange for the return of the Product. You must prove the existence of this defect.

To exercise these guarantees, you can refer to the information in Article 13.

Environment / Availability of Spare Parts

8.1 Eco-Contribution: As a distributor, Nespresso is obliged to collect an eco-contribution from its customers, which will be paid to an eco-organization approved by the State, to finance the collection, depollution, and recycling channels for Waste Electrical and Electronic Equipment (WEEE). Therefore, for any purchase of a new electrical or electronic household appliance from Nespresso, you will contribute to the payment of an eco-contribution, the amount of which is indicated on the product sheet of the appliance concerned.

8.2 WEEE Take-Back: In accordance with Article L541-10-8 of the Environmental Code, Nespresso takes back your used electrical or electronic equipment free of charge, within the limit of the quantity and type of equipment sold or replaced. Otherwise, you can contact ECOSYSTEM, Nespresso's partner, to find the nearest collection points.

8.3 Unique Identifiers: In accordance with Article L.541-10-13 of the Environmental Code, Nespresso has unique identifiers for each EPR (Extended Producer Responsibility) sector: for the ECOSYSTEM sector for Electrical and Electronic Equipment (EEE) FR003101 05PTVQ, for the CITEO paper sector FR212495 03ZJOV, and for the CITEO household packaging sector FR212495 01ZNEP.

8.4 Spare Parts Availability: The availability of spare parts for a repairable machine is 5 years from its manufacturing date (information mentioned under the machine).

8.5 Circular Economy Parts: Nespresso may use parts from the circular economy for the repair of your machine.

Personal Data Protection

9.1 Data Usage: Nespresso undertakes not to sell your personal data or make it available to third parties in any form whatsoever, except for Nestlé Group companies, its subcontractors, and its customer satisfaction survey providers who will use them on an occasional and confidential basis. This data is processed by Nespresso in strict compliance with applicable laws. For more information, consult the personal data protection policy on the website https://www.nespresso.com/fr/fr/politique-protection-des-donnees-personnelles.

9.2 Data Rights: In accordance with the Data Protection Act of January 6, 1978, and the General Data Protection Regulation of April 27, 2016, you have the right to access, object to, port, rectify, and delete your personal data by writing to Nespresso at Protection-des-donnees@fr.nestle.com or at the following address: Nespresso France - Service Protection des données personnelles - 27, rue du colonel Pierre Avia - CS 21577-75726 Paris Cedex 15. You can also exercise this right by phone (service and call free from a landline or mobile) through our customer service center at 0800.55.52.53 or in-store with your coffee specialist.

9.3 Call Recording: To improve the quality of our customer relations, telephone conversations and exchanges on our online chat tools may be recorded. For any mail order, please never send us your bank card numbers and associated security code. You can register for free on the telephone marketing opt-out list Bloctel.

Accessibility and Evolution of General Terms and Conditions

10. Changes: Nespresso reserves the right to modify these general terms and conditions at any time by publishing a new version that will apply to any order placed after its first online publication on the website www.nespresso.com.

Dispute Resolution, Applicable Law, and Jurisdiction

11. Contact and Dispute Resolution: For all complaints, you can contact us by phone (service and call free from a landline or mobile) through our customer service center at 0800.55.52.53 or write to Nespresso France - 27, rue du colonel Pierre Avia - CS 21577-75726 Paris Cedex 15. You can also contact us through our online chat tools available on our website www.nespresso.com/fr/fr/service-customer-care.

Any dispute relating to the execution of an order and/or the interpretation of these general terms and conditions is subject to French law. An amicable solution will be sought before any legal action. In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Nespresso adheres to the FEVAD Consumer Mediator Service (Federation of e-commerce and distance selling) whose contact details are as follows: FEVAD Consumer Mediator - BP 20015-75362 Paris Cedex 8 https://www.mediateurfevad.fr. After prior written complaint by consumers to Nespresso, the Mediator Service can be contacted for any consumer dispute that has not been resolved. To know the procedures for contacting the Mediator, click here. Furthermore, the European Commission provides an online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.

In the absence of an amicable agreement, the competent court will be, at the choice of the claimant and in accordance with legal provisions, either the court of the defendant's domicile, or the court of the place of effective delivery of the Product(s), or the court of the place of service provision.