1.1   These terms of purchase and website use (hereinafter referred to as the “Terms”) establish the general terms of use for the Nespresso online store, www.nespresso.lt (hereinafter referred to as the “e-Shop”). The rules shall be applicable when the Buyer selects, orders and buys the goods offered on the e-Shop or otherwise uses the services provided by the e-Shop.

1.2   Before beginning to use this website and/or the e-Shop, each www.nespresso.lt user must carefully read the Terms, the Cookie Policy and the Privacy Notice on this website (hereinafter collectively referred to as the “Data Protection Policy”). If a person uses this website and/or the e-Shop, he or she is bound by these Terms and the Data Protection Policy, so a person who does not agree with all of these Terms and the Data Protection Policy does not have the right to use this website and/or the e-Shop.

1.3   These Terms may and will be changed unilaterally, announcing the changes on the website. The website and/or e-Shop user must become acquainted with them periodically. Website users shall be subject to the policies and terms in force at the time when the website is used (when a specific action is carried out, such as placing an order), except in cases when Nespresso is required by legislation to make retroactive changes to the Terms. In this case, the changes will affect previously placed orders.

1.4   A person may use the website and/or e-Shop in any language that is available on this site.

1.5   By using this website, the person agrees to:

1.5.1   use this website only for legitimate enquiries and orders;

1.5.2   not submit false or forged orders. If a placed order is reasonably considered as such, the website manager will have the right to cancel the order and inform the relevant authorities;

1.5.3   correctly and accurately submit his or her email address, residential address and/or other contact information. By using the website, the person agrees that we may use this information to contact him or her (see the Privacy Notice).

1.6   If all of the necessary information is not provided, the person will not be able to place the order.

1.7   By placing an order on this website, the person confirms that he or she has reached the age granting the right to conclude contracts independently, without third-party consent.

INFORMATION ABOUT THE WEBSITE MANAGER AND SELLER

This website’s manager and seller according to individual sales contracts concluded on the e-Shop is UAB Mineraliniai Vandenys, (hereinafter referred to as “MV” or “Nespresso”), a Lithuanian company, at the registered office address: Aukštaičių g. 7, Vilnius, Lithuania, registered in the Register of Legal Entities of the Republic of Lithuania, company code 121702328, VAT code LT217023219, e-mail address nespresso@mv.lt, telephone +370 5 250 5090.

2.1   You can place orders in the following ways:

• by phone: +370 5 250 5090
• by e-mail: nespresso@mv.lt
• through the e-Shop: www.nespresso.lt, using the special request form provided on the e-Shop.

2.2   The range of products sold on the e-Shop depends on the quantity available in the warehouse. Therefore, if there are problems with the supply of goods or there is no stock left in the warehouse, Nespresso reserves the right to provide the consumer with information about other products of the same or higher quality that can be ordered instead. If the consumer does not want to order the proposed products, Nespresso will refund the amount paid if it has already been paid.

2.3   On this website, at different purchase stages, validation screens are displayed which prevent the order from being continued if the data in these sections was not entered correctly. This site also shows complete information about the goods that the website user has added to the shopping cart during the purchase process, so the user can change the details of the order before payment.

2.4   If payment for the goods was not received, the order will not be fulfilled, except in cases when the customer selects a payment method which allows payment to be made at the time of receipt (acceptance) of the order. In the event that the customer selects payment upon receipt (acceptance) of the order, said will be charged an additional EUR 2 (clause 3.4.2 of the Rules). Payment on delivery can be made in cash or by bank payment card.

2.5 You should log in to your account, go to "My Order History" menu, click on the order which you need, and you will see there an active "Invoice" link below. Having clicked the link, you will be able to download the invoice in PDF format.

3.1   After confirmation of the order, the goods will be delivered in 3-4 working days if the order is placed by 16:00 on a working day. At holiday time delivery may take more time. If you do not receive the goods within two working days, please inform us in the following ways:

• by phone: +370 5 250 5090
• by e-mail: nespresso@mv.lt.

3.2   The delivery fee is paid together with the fee for the goods.

3.3   Delivery fees are as follows:

3.3.1   Orders paid  via online banking and delivered to a DPD or OMNIVA pickup point: DPD – 2 EUR, OMNIVA - 3 EUR;

3.3.2   Orders paid via online banking and delivered to the given address:

• VENIPAK Courier - 3,90 €;
• DPD Courier - 4,00 €.

3.3.3   Orders paid  on delivery (only DPD Courier), when delivery is made to the given address - 6 EUR;

3.3.4   If you select delivery to a Nespresso or Bottlery store, delivery is free of charge.

3.4   Delivery is free of charge when the value of the goods is more than 50 Eur. 

3.5   If the courier does not find the recipient twice at the agreed time and address, the order will be returned to the warehouse and the customer will be contacted in order to clarify the reasons for non-delivery. Upon contacting the customer, the conditions for refunding the price of the goods will be agreed. The delivery fee is not refundable.

3.6   Delivery is made in Lithuania, Latvia, and Estonia.

3.7   If incomplete or inaccurate information (personal data) is submitted, or if it is submitted in a format other than specified on the website (e.g. mobile phone number), Nespresso or the partner of Nespresso executing delivery will not be able to deliver the goods.

3.8   If Nespresso is unable to deliver the goods ordered due to the circumstances of the buyer/recipient, the goods will be returned to the warehouse and Nespresso will be deemed to have fulfilled the obligation to deliver the goods and will have the reasonable right to refuse to reimburse the fee paid for delivery.

3.9   If, after 15 days from the day the order was prepared for delivery, the order could not be delivered for reasons beyond the control of Nespresso, the buyer will be deemed to have cancelled the contract and it will be terminated. Upon termination of the contract, the fee paid for the goods will be returned without undue delay and in any case within 14 days of the day on which the contract for the sale and purchase of such goods is deemed to be terminated. The delivery fee shall be reimbursed if the reason for which delivery of the goods was impossible was beyond the control of the Buyer.

3.10   The goods shall become the property of the Buyer and the risk of accidental loss or damage shall be transferred to the Buyer from the moment the goods are delivered.

4.1   The Buyer is responsible for checking the contents of the shopping cart before placing the order and paying.

4.2   The Buyer must inform Nespresso within 24 hours of receipt of the order at the address given about the delivery of defective goods or goods that were damaged during shipping, or about inconsistencies in the invoices or shipping documents. 

4.3   If the customer’s complaint is confirmed, Nespresso must replace the order with suitable goods. 

5. RETURNS POLICY

5.1. Return policy

Right of withdrawal

Withdrawal from the agreement on the grounds of the Civil Code: the Buyer (consumer) shall have the right to withdraw from the purchase - sale agreement concluded on the E-shop by notifying the Seller thereof in writing not later than within 14 (fourteen) calendar days from the date of delivery of goods. Withdrawals are made by filling out a withdrawal form. The withdrawal form can be found here: 

• Contract withdrawal form: https://nespresso.lt/document/Form_of_withdrawal_from_a_distance_contract.pdf

In case of return of defective goods, fill in the forms:

• Money return form: https://nespresso.lt/document/ReturnForm_Money.pdf
• Goods return form: https://nespresso.lt/document/ReturnForm_Exchange.pdf

The Buyer must provide the Seller with a notice of contract withdrawal  the and other information specified by the Seller by e-mail: nespresso@mvgroup.eu.

Having withdrawn from the agreement in accordance of the Civil Code, the Buyer (the consumer) shall pay to the Seller any reasonable costs, including delivery costs. The Buyer shall not be refunded the delivery fee, except for cases when the Buyer withdraws from the agreement before handing over goods to the courier (i. e. before the date when the Seller transfers the goods to the company providing delivery services). The Buyer has been informed that goods may be handed over to the company providing shipment delivery services before the planned day of delivery of the goods to the Buyer (1-2 days before that).

5.2. If the consumer withdraws from the contract, the amounts paid for the goods will be refunded no later than 14 days from the date on which Nespresso was notified of the consumer's decision to withdraw from the contract if the consumer returned the eligible goods in accordance with the following Rules:

5.2.1. After submitting a written notice of withdrawal and other information specified by the Seller, the Buyer must return the goods (if delivered) within 14 (fourteen) calendar days in accordance with the procedure for exchange and return of goods set forth in these Rules. This return deadline applies to all cases of return of goods (i.e. also when returning or replacing defective goods).

5.2.2. Rules 5.1. Only the Buyer who is recognized as a consumer in accordance with the provisions of the Law on Consumer Rights Protection of the Republic of Lithuania, i.e. y. a natural person seeking or concluding contracts for purposes (consumption purposes) not related to his business, trade, craft or profession.

5.2.3. Civil Code provides for cases when the Buyers (consumer) is unable to exercise the right to withdraw from the agreement provided for in clause 8.1 hereof, including when the agreement has been concluded for the following:

a) perishable goods or goods with a short shelf life;

b) packaged goods which were unpacked after delivery and which are unsuitable for return for health protection or hygiene reasons.

If the consumer decides to withdraw from the contract in which the returned coffee machine was registered in the consumer's account, which was purchased using the Special Offer at that time, the money will be refunded by deducting the value of the Special Offer, i. y. the amount actually paid by the user will be refunded.

Amounts paid shall be refunded exclusively by payment order to the specified bank account after the return of the goods to Nespresso in the manner and verification specified in these Rules.

The goods are returned exclusively to the courier ordered by Nespresso, regardless of the delivery method chosen by the customer. In case the goods are not returned due to quality defects (i.e. by exercising the right of withdrawal), the return service is charged (according to the established tariffs). The return fee is deducted from the amount to be returned to the customer for the goods.

The consumer's right of withdrawal will apply exclusively to those goods which are returned in the same condition as he received at the time of delivery.

The consumer cannot exercise the right to withdraw from the contract and recover the sums paid if a coffee machine or milk frother was purchased and not only unpacked without damaging the packaging but also used. No refund will be given if the goods are not in the same condition as when they were delivered, as well as if they were damaged.

The goods must be returned using the original undamaged and undamaged packaging.

After checking the returned product, Nespresso will inform the consumer if the return does not comply with the terms of the return policy. If it is established that the consumer can exercise the right of withdrawal (the goods meet the requirements for returnable goods in such cases), the amount paid for the goods will be paid as soon as possible, in any case no later than 14 days from the date of notification of withdrawal, if the goods have been returned and inspected. Notwithstanding the above conditions, Nespresso reserves the right not to refund the amounts paid until the goods have been returned and inspected.

6.1   The prices are given in invoices according to the prices on the e-Shop on the day the order was placed. In the invoices, the amount is indicated with and without VAT. 

6.2   In all cases, the delivery fee is calculated. Delivery is free of charge if the order meets the conditions for free delivery. 

6.3   Nespresso does not offer quantity-based discounts.

6.4   In the event that the Buyer is a VAT payer, said must indicate the VAT code before the first e-Shop purchase. In the event that after the first purchase, the Buyer loses or acquires VAT payer status, said must create a new registered system user account (re-register). The account is created with a unique e-mail address. The same e-mail address cannot be assigned to more than one valid or cancelled account. A person cannot use another entity’s VAT code (e.g., that of his or her employer).

7.1   Payment can be made in the following ways:

7.1.1   paying the entire amount using the Neopay system;

7.1.2   paying the entire amount in cash or by card upon delivery (receipt) of the order. Nespresso expects that recipients paying cash will have the exact amount;

7.1.3   payment by bank transfer to bank account No LT063500010001074200. Recipient: UAB Mineraliniai Vandenys, legal entity code: 121702328, VAT code: LT217023219. The order number must be specified in the purpose of transfer. The payment must be reported in the following ways:

• by phone: +370 5 250 5090

• by e-mail: nespresso@mvgroup.eu

If notification of payment made is not given in one of the ways specified above, the order will not be fulfilled.

7.1.4  payment by card entering relevant card details.

7.2   In case the customer requires pre invoice, it be must applied in the following ways:

• by phone: +370 5 250 5090
• by e-mail: nespresso@mvgroup.eu

8.1   Nespresso coffee machines are given a two-year guarantee which is valid when using them in accordance with the instructions for use.

8.2  Nespresso honors a 2 year warranty for machines purchased in Estonia (partner stores) and for coffee machines purchased in e-shop  www.nespresso.ee a 4 year warranty (valid until 30 th of Sptember, 2020).

8.3   In case of questions related to coffee machines, please call +370 5 250 5090 or e-mail us at nespresso@mv.lt, so our coffee specialists can help you by answering any questions you may have, from how to connect your coffee machine to possible failure.

8.4   Loan machines are provided free of charge when the owner of the coffee machine is a Nespresso Club member in one of the Baltic States, and the coffee machine has been diagnosed with a problem and is being repaired.

8.5 When sending the coffee machine to the service, the device must be clean, without water residues (pursuant to the instruction), and the water and milk container must be washed. If the submitted device is not clean, the service shall have the right to return it back to the client or to charge additionally for cleaning the device.

8.6   After expiry of the guarantee period, repair services are provided for a fee. The price for specific services is determined according to the scope of the services and is given to the service customer before the repair works begin. In the event that the customer would like the coffee machine repair services for the repair service price given, he or she will be given an invoice, and repair works will begin after this invoice is paid in full by bank transfer.

9.1   When registering on the website, the person must provide correct and accurate information.

9.2   If the person, during or after registration on this website, notices a mistake in the information provided, he or she can change the data by calling +370 5 250 5090 or by doing so directly on the website. The e-mail address cannot be changed.

9.3   Personal data of registered users (natural persons) are processed in accordance with the Data Protection Policy. All enquiries and complaints related to the personal data of natural persons must be sent todataprotection@mv.lt.

10.1   The use of this website and any contracts for the sale and purchase of goods concluded on this website will be governed by the legislation of the Republic of Lithuania.

10.2   Any disputes arising from the use of this website or the aforementioned contracts will be subject to non-exclusive jurisdiction in the courts of Lithuania, except for cases where legislation provides for different rules.

10.3   In cases where a contract is concluded on this website by a consumer, none of the provisions in these privacy terms will affect the statutory rights of the consumer.

11.1   Only a legally authorised person is entitled to create and use a legal entity account. Given the fact that data on purchases is forwarded to the State Tax Inspectorate, all information provided for the legal entity, including the VAT code, must be very precise.

11.2   Unless explicitly specified otherwise in these Terms, Nespresso’s liability for any product purchased on the website must be strictly limited to the purchase price of the product in question.

11.3   Notwithstanding the above, Nespresso’s liability is unlimited or not rescinded in the following cases:

11.4   In case of death or personal injury;

11.5   In any case when our responsibility was illegally or unlawfully excluded,

limited, or attempted to be excluded or limited;

11.6   Notwithstanding the above clause and to the extent permitted by law, we do not accept any liability for these losses, regardless of their origin:

• income or sales losses;
• business losses;
• loss of profits or contracts;
• loss of forecasted savings;
• loss of data;
• and loss of management or working time.

11.7   Due to the open nature of this website and the possibility of errors in the storage and transfer of digital information, we do not guarantee the accuracy and safety of the data in transmitting or purchasing through this website, unless expressly indicated otherwise.

11.8   The rules of this clause do not affect the Buyer’s consumer and user rights or right to withdraw from the contract.

12.1   The Buyer acknowledges and agrees that all copyrights, registered trademarks and other intellectual and industrial property rights to the materials or content presented as part of the website belong at all times to the Inditex Group or to a third party which Inditex Group has authorised for the use of the said content or material. The Buyer shall NOT use the said material unless explicitly authorised to do so by the Inditex Group. This does not prevent the Buyer from using this website to the extent necessary to copy information about his or her order or contact details.

13.1   Buyer comments and suggestions are always welcome. Please send any comments and suggestions, as well as any enquiries, complaints or claims via the contact form, by phone, or to the Nespresso mailing address or e-mail address specified in clause 2 of these Terms.

13.2   Complaints and claims sent to the Nespresso customer service department will be resolved as soon as possible and within the legal time limit.

13.3   If you believe that your rights as a buyer have been violated, you can send your complaints by e-mail, in order to come to an out-of-court settlement.

13.4   In this respect, if you have bought products on the Nespresso website, Nespresso, in accordance with Regulation (EU) No 524/2013, informs the Buyer that you have the right to apply for out-of-court resolution of consumer disputes with Nespresso via the online platform available at http://ec.europa.eu/consumers/odr/.

13.5   In accordance with the Republic of Lithuania Law on Consumer Protection, the institution that resolves consumer claims out-of-court is the State Consumer Rights Protection Authority, address: Vilniaus g. 25, 01402 Vilnius, www.vvtat.lt.

14.1    Comments and suggestions are always welcome. Please submit any comments and suggestions, as well as any enquiries, complaints or claims by phone: +370 5 250 5090, or to our address nespresso@mv.lt.

14.2    In this respect, if our products are purchased on the e-Shop, Nespresso, in accordance with Regulation (EU) No 524/2013, informs the consumers that they have the right to apply for out-of-court resolution of consumer disputes via the online platform available at http://ec.europa.eu/consumers/odr/.

14.3    In accordance with the Republic of Lithuania Law on Consumer Protection, the institution that resolves consumer claims out-of-court is the State Consumer Rights Protection Authority, address: Vilniaus g. 25, 01402 Vilnius, www.vvtat.lt.