2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
1. How personal information is collected
2. Kinds of personal information held by Nestlé
3. The purposes for which personal information is collected and used
4. Disclosure of personal information to other parties in Australia and overseas
5. Data storage and security
6. How you may access your personal information and seek its correction
7. How to make a complaint and how complaints will be handled
1. How personal information is collected
Nestlé websites - any consumer-directed websites operated by Nestlé, including Nestlé owned websites and websites that we run on third party social networks such as Facebook (e.g. Facebook fan page).
Nestlé mobile sites/apps - any consumer-directed mobile sites or applications operated by Nestlé, including our smartphone apps (e.g., iPhone apps).
Nestlé text messaging programs - any consumer-directed text messaging programs operated by Nestlé which may be advertised on one of our websites or applications or in a print ad.
Hardcopy forms - including hardcopy registration cards or competition entry forms that we may collect from individuals via post, in-store demos, or other events and credit application forms for business customers (as governed by the Nestlé Credit Reporting Policy).
The Nespresso Club - any personal information that we may collect from consumers through The Nespresso Club, for example if you call us with a question or comment or to sign up for marketing communications over the phone.
Social networking sites - any personal information that we may collect when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications. If you use these features, we may have the ability to obtain certain information about you from your social networking profile.
Data from third parties - Although Nestlé generally only collects personal information directly from individuals we may obtain personal information about you from other sources such as third party data aggregators engaged to provide us with additional information about our existing consumers or from third parties with whom we may occasionally partner with to run promotions. We may also receive information about individuals when we acquire other companies, or when we consider business customer credit applications.
2. Kinds of personal information held by Nestlé
Nestlé only collects personal information that is necessary for one or more of its business functions. We may combine personal information that we collect via one method (e.g., a website) with personal information that we collect via another method (e.g., an offline event). We do this to get a more complete view of our consumers and customers, which, in turn, allows us to serve you better and with greater customisation. Personal information collected includes the following:
Personal contact information - any information that would allow us to personally contact you, such as your name, home or mailing address, phone number or email address.
Account login information - any information that is required for you to establish a unique account with us or for us to give you access to your specific account profile.
Demographic information - any information that describes your demographic or psychographic characteristics, such as your date of birth, age or age range, gender, geographic location (e.g., post code, city and state, mobile location), favourite products, hobbies and interests, and household or lifestyle information.
Technical computer information - any information about a computer system or other technological device that you may be using to access one of our websites or applications.
Website usage information - any information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with a Nestlé website or application (e.g., date and time of visit, which site you came from, favourite recipes and site activities, high game scores, etc.).
Consumer/Customer feedback - any information that you voluntarily share with us about your experience in using our products and services, including our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products.
Consumer-generated content - any content that you create and then share with us and perhaps others, by uploading it to one of our websites or applications, including one of our Facebook sites.
Social network information - any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us (examples: name, email address, gender, birthday, profile picture and any other information you allow to be shared). We may use this information to match information with a social network for advertising purposes.
Payment information - any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available).
Children under 15 - Nestlé does not knowingly collect personal information from children below the age of 15. If we discover that we’ve accidentally collected information from a child, we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 15 from the parent or custodian directly.
3. The purposes for which personal information is collected
Nestlé may collect and use your personal information for some or all of the following purposes. Please note that not all of the uses below will be relevant to every individual.
Marketing communications - Where you have opted-into receiving marketing communications about Nestlé we may collect and use your personal information to keep you up to date with the latest news, events, special offers and promotions of our brands as follows:
You can always opt-out from receiving marketing communications by following the unsubscribe instructions provided in each such communication or by contacting The Nespresso Club on 1800 623 033 or online here.
You may also visit social media sites where you are a member to explore opt-out options they may provide for targeted advertising. Please note that even if you opt-out from receiving marketing communications from us, you may still receive administrative communications from us (such as order confirmations, notifications about your account activities). You will also still see generic ads on other websites, including on social media sites where you are a member.
Account maintenance - We may collect and use your personal information to maintain your accounts with us, including administering any consumer loyalty or rewards programs that are associated with your account.
Consumer/customer service - We may collect and use your personal information to provide you with customer service, including responses to your inquiries, complaints and general feedback about our products. Customer service may be provided through various forms of communication, including via email, letter, telephone and online chat features.
Product improvement and customisation - We may collect and use your personal information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas and inform you of any changes to our products.
Consumer engagement - We may collect and use your personal information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.
Promotions and competitions - We may collect and use your personal information for promotions, giveaways, competitions, or other similar marketing campaigns. These events typically require the collection and use of personal information (for eligibility, prize fulfilment etc.) To comply with legal requirements, we may publish or share a limited amount of personal information (such as name and city of residence) about the winners of a particular promotion. For more information about our contests and other promotions, please see the official terms and conditions applicable to each promotion.
Website improvement and personalisation - We may collect and use your information to improve and personalise your experience on our websites and applications. This is typically done through automated tracking technologies (such as cookies) that collect and remember certain account login information, technical information and website usage information.
Website community features - We may collect and use your personal information to give you access to website community features, including features that may allow you to upload and share recipes, pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal information.
Website viral features (e.g., friend-get-friend) - We may request and use your personal information so you can use website viral features, such as our friend-get-friend features. These features allow you to easily share certain news, product information, promotions or other content with family and friends and typically requires the collection and use of personal information (such as names and email addresses).
Order fulfilment - We may collect and use your personal information to process and ship your orders, and to inform you about the status of your orders.
Other general purposes (e.g., website security, internal research, surveys) - We may collect and use your personal information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing, demographic studies and contact you for consumer research.
4. Disclosure of personal information
Nestlé will not disclose your personal information with any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given us specific permission to do this.
We may share your personal information with other related companies in the Nestlé Group, including Nestlé companies in Switzerland, the United Kingdom and New Zealand. Nestlé may also share your personal information with other third parties, but only in the following circumstances:
Service Providers, Agents and Contractors - We may use third parties, like service providers, agents or contractors to provide support for our business functions (such as internal operations of our websites and applications, database or website hosting, including cloud infrastructure, handling houses, promotions agencies etc). Your personal information may be accessed by Nestlé’s service providers located outside of Australia in countries including Switzerland, Germany, New Zealand, India and the United Kingdom, or be stored by them in such countries.
Partners and Joint Promotions - From time to time, we may run a joint or co-sponsored program or promotion on our website or application with another company, and, as part of this event, collect and process personal information. Your personal information will only be shared with a third party if you have consented to opt-in to receive information directly from that third party company.
Legal requirements and business transfers - We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Nestlé, its customers, or the public. In the event of a merger or acquisition of all or part of Nestlé by another company, or in the event that Nestlé were to sell or dispose of all or a part of the Nestlé business, the acquirer would have access to the information maintained by that Nestlé business, which could include personal information.
5. Data storage and security
We take all reasonable technical and organisational measures to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse. We will only keep your personal information for as long as it is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable laws. This means that we may retain your personal information for a reasonable period after you stop using Nestlé services or stop using our websites or applications. When the personal information that we collect is no longer required, we destroy or delete it in a secure manner, in accordance with best practice for document and data destruction.
Third party data security – Where Nestlé does disclose personal information to a third party as specified in point 4 above, any such third party must at all times provide the same levels of security for your personal information as Nestlé does, and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Nestlé.
6. How you may access your personal information and seek its correction
You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing here. If Nestlé cannot provide access to your personal information, it will provide you with the reasons why. Depending on the nature of the request, Nestlé may charge for providing access to your personal information, however such charge will not be excessive. If the personal information Nestlé holds about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information here.
Where available, you can review or update any personal information that we may have collected about you for our general website and application registration. To do this, please visit the appropriate ["Update Profile"] section(s) on our website or application.
7. How to make a complaint and how complaints will be handled
If you are concerned about a possible interference with your privacy or misuse of your personal information by Nestlé, please contact the Nestlé Privacy Officer here or by contacting The Nespresso Club on 1800 623 033 to obtain a Privacy Complaint form.
It is Nestlé’s policy to handle complaints in a timely, effective, fair and consistent manner. On making a privacy complaint to Nestlé, you will receive an acknowledgment letter or email within 5 business days. This communication will set out the name of the person responsible for handling your complaint and the expected response time to the complaint. Nestlé endeavours to make a decision on all written complaints within 20 business days after a complaint is received. If we need more time to respond to your complaint we will notify you as to the delay, the reasons for it and seek your agreement to a longer period.
Conditions of Sale
In these terms:
Goods means any goods provided by Nespresso to you. Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Australia and its officers, employees and agents. Services means any services provided by Nespresso to you. You means the person(s) purchasing Goods and Services from Nestlé which these conditions accompany.
2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nespresso by means of the internet shall be governed by these Terms and Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms and Conditions of Sale.
2.3 Nespresso reserves the right, at any time, to modify these Terms and Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
5. NESPRESSO CLUB MEMBERSHIP
5.1 When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso Club. Membership is non-transferable. Your membership number will appear on your first invoice. Your membership entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club remain up to date.
6.1 You may place orders for Goods and Services (a) by completing a purchase order form and sending or faxing it to Nespresso; (b) by telephone; (c) online on the Australian pages of the website www.nespresso.com; or (d) in person at a Nespresso store.
6.2 When ordering Nespresso capsules, each order must be in multiples of 5 sleeves (10 capsules in each sleeve) and may be in any combination of sleeves or blends.
6.3 All orders are subject to availability of stock and min/max quantities as Nespresso decides from time to time.
6.4 Nespresso offers its products on this website within the limits of its available stocks.
6.5 Nespresso reserves the right to refuse orders whether whole or in part in its absolute discretion.
7.1 You must verify your order of Goods upon delivery and you must notify Nespresso within seven days of receipt of any incorrect order. If required by Nespresso, such Goods forming part of the incorrect order must be promptly returned by you to Nespresso.
7.2 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
7.3 When returns are properly completed, Nespresso will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
7.4 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
8. DELIVERY AND RECEIPT
8.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not be liable for (a) any failure to deliver or delay in delivery 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 Goods or provide the Services. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
8.2 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 3kg and, for packages over 3kg, an additional freight and delivery charge as specified by Nespresso.
8.3 If you wish to have Goods or Services provided by means other than Nespresso’s usual means, you will need to make all necessary arrangements and pay all costs involved.
8.4 Twilight Delivery is only available to customers within specified postcodes in the Sydney Metropolitan Area.
8.5 Twilight Delivery is only available if the order is placed prior to 1pm, Monday to Friday.
8.6 Twilight Delivery orders placed after 1pm will be delivered in the evening, the following business day.
8.7 The Twilight Delivery service is contracted to a third party supplier (WantItNow Couriers) and the courier will contact customers directly to confirm delivery and provide delivery tracking.
9. PAYMENT AND INTEREST
9.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
9.2 You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.
9.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
9.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
9.5 Nespresso reserves the right to charge interest on overdue payments at 2% above the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia, compounded daily from the due date to the date of payment.
9.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
10. TITLE AND RISK
10.1 Title in Goods passes to you on payment in full for them.
10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nespresso’s premises.
11. EXCLUSIONS AND LIMITATIONS
11.1 To the extent permitted by law, Nespresso will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
12.1 You indemnify and must keep Nespresso indemnified against all reasonable damages, losses, costs and expenses suffered by Nestlé arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused or contributed by Nespresso.
13.1 These terms and any invoice referencing these conditions govern your membership of Nespresso Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
13.2 These terms may be varied by Nespresso at any time by notice to you or by means of a notice on the Australian pages of the website www.nespresso.com.
13.3 Clerical errors are subject to correction without notice.
13.4 Nestlé may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nestlé’s obligations under this agreement.
13.5 Nestlé waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
13.6 You must pay Nestlé all reasonable costs and expenses incurred by Nestlé in connection with these terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Nestlé or in otherwise enforcing Nestlé’s rights against you under the Contract.
13.7 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
13.8 These terms are governed by and must be construed in accordance with the laws of New South Wales.
Nespresso Australia a division of Nestlé Australia Ltd
ABN 77 000 011 316
at 1 Homebush Bay Drive, Rhodes, New South Wales 2138, Australia
Warranty and Australian Consumer Law
Our goods that we sell come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
When you purchase a Nespresso machine, you will also receive the benefits from the Nespresso warranty which is for two years. This also includes the range of Aeroccino milk frothing devices.
Should your product be defective, you have the choice to make a claim under Australian consumer law or the Nespresso Machine warranty.
Australian consumer law and the Nespresso warranty
|Australian Consumer Law||Nespresso Machine Warranty|
|Repair or replacement coverage for||Defects present at the time of delivery or after.||Defects arising after customer takes delivery.|
|Claim period||A reasonable period from date of delivery until the failure becomes apparent. |
Without limiting consumers’ rights, Nespresso will provide its own remedies equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law at any time within 24 months of the date of purchase.
|Two years from date of purchase.|
|Cost of coverage to customer||Nil||Nil|
|Who to contact to make a claim||The retailer who sold you the machine or the manufacturer of the machine.||Nespresso Club1.|
|Included repair or replacement options||Contact the retailer who sold you the machine or the manufacturer of the machine.||Assistance Package includes free of charge the collection of your Nespresso machine, the repair and return to your home, as well as the option of a loan machine while yours is being repaired (subject to availability, excluding the Aeroccino milk frother).|
1. For technical support visit the Machine Assistance Page, contact the Nespresso Club: 1800 623 033 or click here to contact a Coffee Specialist by email. This service is available Monday to Friday 7am–7pm (AESDT).
For the full terms of the Nespresso warranty for your machine, click here.
Summary of Australian statutory consumer guarantees
Your consumer guarantee rights under Australian consumer law operate alongside, and in addition to, your rights under the Nespresso warranty.
Consumer guarantees in relation to goods:
• The goods will be of acceptable quality.
• The goods will be fit for a particular purpose.
• The goods will match their description.
• The goods will match the sample or demonstration model.
• You have title to the goods.
• You have undisturbed possession of the goods.
• There are no undisclosed securities on the goods.
For Nespresso machines, in addition to the above, we also guarantee that we will provide repairs or spare parts for a reasonable time and that we will honour our Nespresso warranty.
If a product fails to meet a consumer guarantee, the remedy you are entitled to under Australian consumer law will depend on whether the failure to comply with the guarantee is major or minor.
Minor failures can be fixed or resolved in a reasonable amount of time. In this case, the retailer who sold you the machine or the manufacturer of the machine can choose to offer you a refund, replacement, or repair. If the retailer or manufacturer does not fix the problem or takes too long, you may be able to get it fixed by someone else and recover the costs from the seller depending on the circumstances.
Major failures cannot normally be fixed or resolved easily. In this case, you can choose one of the remedies set out below:
1. Return the product and ask for a refund;
2. Return the product and ask for an identical replacement, or one of similar value if reasonably available; or
3. Keep the product and ask for compensation for the drop in value caused by the problem.
There is a major failure to comply with a consumer guarantee when:
• You would not have purchased the product if you had known about the problem.
• The product is unsafe.
• The product is significantly different from the description, sample or demonstration model you were shown.
• The product is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time.
• The product does not meet the specific purpose that you told the supplier about, and cannot be easily rectified within a reasonable time.
The remedies listed above are not available if you have caused the problem by being careless or misusing the Nespresso machine or have not followed our instructions. The Nespresso warranty will not cover defects caused by a non-genuine Nespresso capsule or resulting from accident, misuse, improper maintenance, or normal wear and tear.
For information on Australian consumer laws, please visit the Australian consumer law website at http://www.consumerlaw.gov.au.
1. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these terms and conditions is invalid.
2. Entry is open to Nespresso Club Members residing in Australia who are 18 years or over and have provided a valid email address (“Eligible Entrant”). Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition and their immediate families are ineligible to enter.
3. The promotion starts at 12:01am Australian Eastern Standard Time (“AEST”) on Thursday 28 August 2014 & closes at 11:59pm AEST on Tuesday 16 September 2014 (“Promotion Period”).
4. This promotion requires the purchase of any limited edition Cubania capsule assortment (“Qualifying Purchase”). Such assortments include the Cubania Coffee Sleeve Trio with Brown Sugar, the Cubania Coffee Sleeve Trio, and the Cubania Intense 10-sleeve Coffee Assortment.
5. An entry in the prize draw will be automatically awarded when a qualifying purchase is made and the Nespresso Club Member number is presented to the Boutique cashier or entered online when the order is placed at www.nespresso.com.au
6. Entry is limited to once per Eligible Entrant.
7. The Promoter reserves the right to verify the validity of all entries and reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process, including but not limited to the utilisation of techniques designed to make multiple entries that are not associated with a separate Eligible Purchase or providing details that are false, or for submitting an entry which is not otherwise in accordance with these conditions of entry.
8. In the case that the Promoter finds evidence of tampering by the entrant in the entry process or the verification process, in addition to declaring any or all entries made by the entrant invalid, the Promoter may in its complete discretion preclude that entrant from participation in any or all future promotions of the Promoter.
9. All valid entries received during the Promotion Period will be entered in the prize draw.
10. Major prize is a 3 hour Cuban inspired cocktail party for up to 8 adults (“Event”) valued at up to $2,500 and hosted in the winner’s home. The prize includes: cocktail food and beverages; qualified wait staff with RSA qualifications; the hire of any necessary catering equipment, including serving platters and glasses; and general cleaning of kitchen facilities and room where the Event was hosted at the end of the Event. The date for the Event must be determined in agreement between the winner and the Promoter by no later than Friday 31 October 2014, (some block-out periods may limit date choice due to holiday periods in the winner’s local area). Once a date has been agreed it cannot be changed or cancelled and no element of the prize may be converted to cash. The winner is responsible for any additional costs not described here including but not limited to additional food, beverages and transport for guests to and from the Event. It is a condition of claiming the major prize that the winner and their guests agree that the Promoter may use their names, images and photograph/s for publicity and promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s. Further, the winner and their guests may be required to sign a waiver of liability and an indemnity in a form determined by the Promoter in its absolute discretion. Promoter accepts no responsibility for any variation in the prize value. The promoter supports the Responsible Service of Alcohol. The event organiser and any staff involved in the supply of alcohol will have an RSA certificate. Staff reserve the right to refuse alcohol to persons under 18-years-of-age or those that appear to be intoxicated. Staffs reserve the right to request to check ID at event. The Event must hosted by no later than Thursday 18 December 2014.
11. Minor prize is valued at up to $200 recommended retail price (“RRP”) and includes: a Nespresso Cubania trio pack and a professional cocktail kit. There are a total of 5 minor prizes to be awarded.
12. The prize draw will be conducted at 9am on Monday 29 September 2014 at the offices of the Promoter at Level 4, 201 Miller St, North Sydney. The first valid entry drawn will win the major prize and the next five valid entries draw will each win a minor prize.
13. All winners will be notified in writing within 48 hours of the prize draw and their names and postcodes will appear on www.nespresso.com/au/en by 9am on Wednesday 1 October 2014.
14. Total prize pool is valued at up to $3,500.
15. The Major prize cannot be converted to cash but may be transferred to another person nominated by the winner provided the request is made in writing and is received by the Promoter by no later than close of business on Monday 13 October 2014. Minor prizes are not transferable & cannot be taken as cash. Prize values are correct at time of printing but no responsibility is accepted for any variation in the value of the prize.
16. The Promoter's decision is final and no correspondence will be entered into.
17. The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
19. If any prize remains unclaimed by 3pm AEST on Friday 31 October 2014 despite the Promoter’s best efforts to contact any prize winner, then subject to any written directions given by a relevant lotteries or gaming authority the Promoter may conduct an unclaimed prize draw on that date at the same place as the original prize draw to award any unclaimed prize. The first valid entry drawn will win the prize of the highest value and the prize draw will continue until all unclaimed prizes have been awarded. The name and postcode of any winner of such a draw will appear at www.nespresso.com/au/en by 5pm on Monday 3 November 2014.
20. Winners should look to the manufacturer of products and provider of services awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
21. Subject to the approval process required by any relevant gaming or lotteries authority, in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure, the Promoter reserves the right to substitute a different prize item of equal or greater value.
22. If for any reason this Promotion is not capable of running as planned, whether caused by infection by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter may in its sole discretion disqualify any individual who tampers with the entry process.
23. Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.
24. The Promoter is Nestlé Australia Ltd. [ABN 77 000 011 316] trading as Nespresso Australia of Level 4, 201 Miller Street North Sydney NSW 2060. Authorised by NSW Permit No. LTPS/14/06791 & ACT Permit No. 14/02912.1