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. NESPRESSO CLUB MEMBERSHIP
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.
3.1 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.
3.2 When ordering Nespresso capsules, each order must be in multiples of 5 cartridges and may be in any combination of cartridges or blends.
3.3 All orders are subject to availability of stock and min/max quantities as Nespresso decides from time to time.
3.4 Nespresso reserves the right to refuse orders whether whole or in part in its absolute discretion.
4.1 You must verify the quantity and quality of goods upon delivery and if any of the Goods are faulty, you must notify Nespresso within seven days of receipt. Otherwise you waive any right to reject them.
4.2 Rejected Goods must be promptly returned by you to Nespresso.
4.3 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
4.4 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.
4.5 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
4.6 Except as required by law, Nespresso will be under no obligation to accept Goods returned for any reason.
5. DELIVERY AND RECEIPT
5.1 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.
5.2 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.
5.3 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.
6. PAYMENT AND INTEREST
6.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
6.2 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.
6.3 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.
6.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
6.5 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.
6.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
7. TITLE AND RISK
7.1 Title in Goods passes to you on payment in full for them.
7.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.3 in which case risk passes when the Goods leave Nespresso’s premises.
8. EXCLUSIONS AND LIMITATIONS
8.1 To the extent permitted by law, Nespresso’s only liability is as expressly stated in this agreement and all other guarantees, warranties and conditions are excluded.
8.2 To the extent permitted by law, Nespresso's liability:
(a) under this agreement and
(b) as a result of a consumer guarantee implied under the Australian Consumer Law or any other warranty or condition implied by legislation,
is limited to, in the case of Goods, supplying the Goods again or paying the cost of having them supplied again and, in the case of Services, having the Services again or paying the cost of having them supplied again.
8.3 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.
You indemnify and must keep Nespresso indemnified against all 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
10.1 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.
10.2 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.
10.3 Clerical errors are subject to correction without notice.
10.4 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.
10.5 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.
10.6 You must pay Nestlé all 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.
10.7 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.
10.8 These terms are governed by and must be construed in accordance with the laws of New South Wales.
By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarise yourself with any changes, We will post any new Policy on our websites, changing the date in the last paragraph of such Policy.
The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.
1. PLEDGE ON PRIVACY
Nespresso does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with internationally recognized standards of privacy protection.
2. INTENDED USE OF DATA
Nespresso collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to market products and services we believe might be of interest to you, to process your job application, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Nespresso keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements.
Most of our services do not require any form of registration, thereby allowing you to visit our websites, boutiques and bars without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to chose a user name and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.
3. NON DISCLOSURE OF INFORMATION
Nespresso shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the Nespresso group of companies, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of Nespresso, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, Nespresso shall ensure that such third parties provide the same level of protection as Nespresso, and shall contractually require them to process Data transferred only for the purposes authorised by you and on a confidential and secure basis.
4. RIGHT OF ACCESS
You have the right to access and update your Data or to require their deletion. We endeavour to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact Nespresso at the following addresses: click here.
5. SECURITY / CONFIDENTIALITY
We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of Nespresso and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by Nespresso. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.
6. DATA TRANSFER ABROAD
Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your Data to one of its databases or to companies within the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and to this end to its trans-border transmission.
7. CAREER OPPORTUNITIES
If you are interested in applying for either a position published or any future job opportunity within Nespresso, you may provide us with your Curriculum Vitae (“CV”). We will then match your qualifications and experience to the position you applied for, or any other current job opportunity. If your profile corresponds to our requirements, we contact you.
You agree that we may keep your CV in our databases for a reasonable period, after which it will be deleted. By applying, you are consenting to have your CV and Data used to process your job application, to have such CV and Data communicated to other companies within the Nespresso group and to our partners, who have agreed to keep such CV and Data confidential and secure, and to this end being transmitted across national borders. Nespresso undertakes to use your CV and Data only in relation to your career opportunities.
8. ANONYMOUS DATA / “COOKIE” TECHNOLOGY
Most of the information we collect from our websites is anonymous information. When you visit our websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by Nespresso to help improve the content of our websites, to customise our websites for our visitors and to learn more about them and how they use our websites. In doing so, Nespresso may use tracking technology (cookies) to gather anonymous information, such as browser type, operating systems and the date and time of access. “Cookies” by themselves cannot be used to discover the identity of the user. A “cookie” is a small piece of information which is sent to your browser and stored on your computer hard drive.
Nespresso does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.
10. DATA AND CHILDREN
To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Nespresso will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian).
Our websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.
11. LINKS TO OTHER WEBSITES
As a service to our visitors, our websites may provide hyperlinks to other websites that are not operated or controlled by Nespresso. Therefore, Nespresso can not be responsible or liable for the content of such websites or the privacy practises of such other parties. Please note that these privacy practises may differ from our Policy. We encourage you to review and understand their privacy practises before providing them with personal information.
12. CONTACT NESPRESSO
Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact Nespresso at the following addresses: click here. We can assure you that we do our best efforts to constantly improve the protection and security of the Data you provide to us.
Nestlé Nespresso S.A.