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Terms & Conditions of Sale

Nestlé Products Sdn. Bhd (45229-H). Terms and Conditions of Sale (for online orders only)

1. PURCHASE CONTRACT

1.1 Sale of goods under this purchase contract is conducted by Nestlé Products Sdn. Bhd (“we”, “us” or “our”) with our registered office at 22nd Floor Menara Surian, No.1 Jalan 7/3, Mutiara Damansara, 47810 Petaling Jaya, Selangor Malaysia.

1.2 The Terms and Conditions of Sale (“Conditions”) shall apply to all items advertised on the website at www.dolce-gusto.com.my (the “Website”) and govern each order placed. By placing an order, you acknowledged that you have read, understood and accepted, without reservation, the Conditions.

1.3 You should print a copy of the Conditions for future reference. If you do not accept the Conditions, you will not be able to order item/s from the Website. We reserve the right, at any time, to modify these Conditions by posting a new dated version on this website. By placing an order after we have posted a new version the Conditions, you agree to be bound by that updated version.

1.4 You warrant and represent that you are legally capable of entering into binding agreements and you are 18 years of age and above.

1.5 A minimum value of RM 150 per order is required to proceed with placing the order. All orders are subject to availability of stock. We reserve the right to refuse/cancel orders whether in whole or in part at any time after receiving/acknowledging your order by notifying you via your registered email, address or mobile number and we shall have no further liability to you. In the case we refuse/cancel your order after receiving and clearing of payment, we will refund the full value of your purchase. Bulk orders from the trade or consumer groups will not be accepted.

1.6 Title in the products/s passes to you upon clearance of payment. The risk in the products/s passes to you on the delivery of the products.

2. PRICE

2.1 Goods available for sale on the Website is priced on the prevailing Malaysian Ringgit prices indicated. These prices include the applicable tax only where expressly indicated but do not include postage and delivery to locations in Malaysia. We reserve the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur, without prior notice.

2.2 Products are subject to availability and prevailing market conditions. In the event of non-availability of any products, this will be stated on the website or you will be informed accordingly. You are responsible for all duties, taxes and clearance charges that may be levied on the products.

3. METHOD OF PAYMENT

3.1 Payments to be made via Visa or Mastercard credit cards. We will not dispatch your order until we have received cleared funds from your account. If we are unable to charge your payment card, we will notify you via email.

3.2 We reserve the right to terminate our agreement with you and any order placed by you, without any liability to any person, in the event that (a) payment is refused by the authority or we reasonably believe that payment will be refused at any stage; (b) breach any of the terms of this agreement; or (c) breach of applicable laws.

4. DELIVERY

4.1 Delivery will be made to the Malaysian address provided at the point of registration. We do not deliver outside of Malaysia. You have the ability to change this address through the “edit profile” feature and during the confirmation stage at the checkout. It is your responsibility to ensure you are available to receive the delivery.

4.2 When an order is accepted, we will do our utmost to ensure your order is dispatched within five (5) working days of placing the order subject to availability of stock and receipt of clear funds, however Nestlé cannot be held liable for any failure or late deliveries for any reason (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the products. We will, however, work with our appointed courier service and yourself to ensure a smooth delivery.

4.3 If you are not at the delivery address to receive the goods, a card/slip with a contact number will be left for you to arrange with the courier for an alternative drop off date. After two (2) attempts the goods will be returned to us, we will cancel your order and you will be refunded the full value of the purchase, minus any prevailing applicable cancellation, administration and/or delivery charge as set out on the website. From that point, if you still wish to receive your order, you will have to re-order via the website.

4.4 Notwithstanding the foregoing, in the event we agree to re-deliver your order on your request, you agree to pay such re-delivery charges, and in the manner as we may inform you from time to time. Charges are subject to the applicable tax.

5. RETURNS

5.1 You must inspect the goods and verify your order upon delivery, and notify us within 7 days from the date of receipt any incorrect order or damaged good, in writing or by contacting our customer services team on 1-800-88-3633. We will only accept returns, subject to the following:

(a) Goods are returned only in Malaysia.

(b) Goods must be unused and in their original condition and packaging accompanied by the original invoice.

(c) For food safety requirement, no refund or exchange will be given for consumables (capsules) if the packaging (box) has been opened. Please verify prior to opening the packaging by reading the details of the content written on the packaging.

(d) Original shipping costs will not be refunded and you have to bear the cost of shipping the item back to us.

5.2 You cannot refuse to accept goods merely because they are not delivered by any given date or dates.

5.3 If the item you purchased is defective due to our fault, we may offer an exchange or refund, at our discretion as appropriate in accordance with these terms and our prevailing exchange policy, if any.

5.4 Save for the standard manufacturer’s warranty terms applicable for the specific Nestlé product purchased under this Agreement, all other warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, or course of dealing are excluded to fullest extent permitted by law. In particular, warranties relating to merchantability, fitness for purpose, satisfactory quality and/or compliance with description are excluded.

6. AMENDMENT OF ORDERS & CANCELLATION

Orders on the website are final and cannot be cancelled.

7. PRIVACY

7.1 You are entirely responsible if you do not maintain the confidentiality of your own 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 must immediately notify us of any unauthorised use of your e-mail address and/or password or any breach of security known to you.

7.2 Any personal information or material sent to this website or submitted to us is subject to our privacy policy located on www.dolce-gusto.com.my/

7.3 You expressly agree that, you have read, understood and accepted, without reserve, to be bound by the privacy policy and allow for inter alia the collection, processing, use, storage and disclosure of your personal information in accordance with the privacy policy.

8. SPECIAL OFFERS, PROMOTIONS & COMPETITIONS

From time to time, and, at our complete discretion, purchases of goods may be subject to special offers. Price off Promotion Codes issued by NESCAFE Dolce Gusto require a minimum basket size of RM150 after applying the code, unless otherwise stated.

9. GENERAL

9.1 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.

9.2 This agreement and all matters in connection therewith shall be governed by Malaysian law and the parties submit to the exclusive jurisdiction of the Malaysian courts.

9.3 You may write to us at dolce-gusto@my.nestle.com or talk to our Consumer Services team on 1800 88 3633. We will respond to you within 5 working days upon receiving your email.

10. NESCAFÉ ® DOLCE GUSTO ® MALAYSIA SUBCRIPTION

10.1 When you register for a Nescafé Dolce Gusto subscription on our web site you will automatically be signed up to receive deliveries of capsules in accordance with your subscription offer, from the date you register. Your subscription offer will also be subject to Conditions, which are available above (as amended from time to time).

10.2 You may choose a subscription offer. Current offers include:

Discount

You will be eligible to 14% discount on capsules from your 2nd subscription order onwards.

Machine

No machine included

Minimum orders – amount per order and frequency

The subscription order must be for 4 or more boxes of capsules monthly.

Minimum subscription period

There is no minimum subscription period.

10.3 We may increase prices during your subscription period. If the prices increase, you will be notified by email before your next order is processed.

10.4 You can make the changes to parts of your orders or subscriptions, provided you still comply with the terms of the offer accepted by you. Please sign in My Account for details. You will be notified by email that your account has been changed. Any orders that have been processed before the change (including any cancellation) will be dispatched by us and you must pay us for the said delivery.

10.5 If a product within your subscription is out of stock or discontinued, we will notify you via email and ask you to make an alternative choice before your order is processed.

10.6 Subscription offers cannot be used in conjunction with any other offers including discount voucher codes.

10.7 We may cancel any subscription at any time by giving you 3 months’ notice, or immediately if we reasonably suspect fraud by you or any other person in connection with the subscription.

10.8 We may by notice amend your minimum order quantities or frequency for any subscription order, but not during your minimum subscription period (if applicable).