1. APPLICABILITY OF GENERAL CONDITIONS OF SALE
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies ("Nespresso") by means of the Internet shall be governed by the present General 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, the present General Conditions of Sale.
1.3 Nespresso reserves the right, at any time, to modify the present General 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.
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3.1 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.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. ORDER CONFIRMATIONS
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. CUSTOMS DUTIES
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries are dispatched within three working days after the receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
8.4 Delivery outside of business hours (9am to 6pm) between 6pm and 10pm (“Twilight Delivery”) will be available to you if the delivery address you specify is within specified postcodes in the Sydney Metropolitan Area. Please ask when placing your order if Twilight Delivery is available to your delivery address and, if required, request Twilight Delivery.
8.5 Twilight Delivery will be made the evening the order is placed if the order is placed prior to 1pm on a working day. Otherwise delivery will be made on the evening of the following working day.
8.6 The Twilight Delivery service will be provided by a third party supplier (WantItNow Couriers) and you consent to the courier contacting you directly to confirm delivery and provide delivery tracking.
9. VERIFICATION OF MERCHANDISE
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. LATE PAYMENT
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. MACHINE WARRANTY
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. AFTER-SALES SERVICE
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. LIMITATION OF LIABILITY
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL NESPRESSO BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY NESPRESSO), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. FORCE MAJEURE
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. APPLICABLE LAW AND FORUM
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
NESTLE NESPRESSO LTD.
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.