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Legal

  • Terms of Use

    1. Acceptance and Modification of the Terms of Use
    1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso”), which includesNespresso’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
    1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

    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
    4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Nespresso invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
    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.
    5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

    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. Links
    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 NespressoNespresso 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.

    10. Miscellaneous
    10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
    10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
    10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.
    10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

    Nestlé Nespresso S.A.
    08/2012
    © 2003 Nestlé Nespresso S.A. All rights reserved.

  • Privacy Policy

    Nestlé Nespresso S.A. (“Nespresso”), which includes Nespresso’s affiliated companies, is aware that you may wish to be informed about how your personally identifying data and information, such as name, address, telephone/fax numbers or e-mail address etc (“Data”) that you may provide to Nespresso, are treated. Accordingly, we have developed this Privacy Policy (“Policy”) to explain our use of your Data as well as all our reasonable precautions to keep your Data confidential and secure.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.

    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 staged, 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.

    9. Spamming
    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 staged.

    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. We can assure you that we do our best efforts to constantly improve the protection and security of the Data you provide to us.
    We invite you to also carefully read our “Terms of Use” for more information on the use of our websites.

    Nestlé Nespresso S.A.
    08/2012
    © 2003 Nestlé Nespresso S.A. All rights reserved.

  • Conditions of Sale

     

     

    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.
    1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy.Nespresso invites you to read them carefully before using the services provided on this website.
    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. Registration
    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. Password
    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 Nespressoimmediately.

    4. Orders
    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. (coffees can be ordered in multiple of 10 capsules. Minimum quantity of each order is 50 capsules.)
    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. Prices
    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 TAX , but excluding delivery charges.( In the shopping bag and the check out, TAX and Shipping charge are displayed sepaletely.)

    6.2 Delivery charge is 324 yen, including tax, per order under 15 coffee packages. (FREE SHIPPING on orders from 15 coffee packages or a machine. Offer valid on internet orders only.)

    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. Delivery
    7.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
    7.2 Order received before 3:00 p.m. will be shipped the same day.
    7.3 Deliveries can only be made to the countries specified on this website.

    8. Verification of Merchandise
    8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
    8.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespressowithin 8 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.

    9. Returns
    9.1 Exchanges and returns of food and beverage products such as coffee capsules, chocolate, and sugars due to customer circumstances are not permitted. Regarding non-food products such as coffee makers and accessories, please contact Nespresso Club within 8 days of receipt of product. No returns will be accepted after 8 days from delivery date.
    9.2 Nespresso can accept returns only when the product is sent back in its original condition and packaging (product packaging unopened) along with the invoice. The customer is responsible for shipping charges on returned products.

    10. Payment
    10.1 Payment by cash on delivery or credit card or Nespresso GiftCard is available.
    10.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes. 
    10.3 Payment by cash on delivery is payable by cash when you receive your order. 

    11. Machine Warranty
    11.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
    11.2 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.

    12. After-Sales Service
    12.1 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.
    12.2 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.

    13. Limitation of Liability
    13.1 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.
    13.2 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.
    13.3 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.

    14. Force Majeure
    14.1 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.
    14.2 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.

    15. Applicable Law and Forum
    15.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespressocompany that invoices you for the order.
    15.2 The exclusive forum is in the same country as that of the applicable law.

    08/2012
    NESTLE NESPRESSO K.K