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  • 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 Korea Ltd Nespresso S.A. (“Nespresso”), which includes Nespresso’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 4 hereinafter, any material, information and all that you find on the websites are furnished to you "as is", in funcation 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 advice 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 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.

     

     

    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 hereunder 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.

     

    Nespresso Korea, a business unit of Nestlé Korea Ltd.
    June 2014 
    © 2003 Nestlé Nespresso S.A. All rights reserved.

     
  • Privacy Policy

    Nestlé Korea Ltd Nespresso S.A. (“Nespresso”), which includes Nespresso’s affiliated companies, is exerting its best efforts to keep your personal information that you may provide to the websites operated by Nespresso protected. We comply with regulations of relevant laws regarding personal information protection and guidelines developed by the Ministry of Information and Communication, such as the Protection of Communications Secrets Act, the Telecommunications Business Act, and the Act on Promotion of Information and Communications Network Utilization, which information and communications service providers should follow, and this Privacy Policy is developed to explain our use of as well as all our reasonable precautions to protect your personal information. Our Privacy Policy is posted on the main page of our websites, which can be easily consulted by our website users anytime.

     

    Nespresso reserves the right to modify our Privacy Policy when there are changes in relevant laws and guidelines, or Nespress’s internal policy, and such modifications will be immediately posted on our websites with the date of revision, so that they can be easily noticed by our users.

     

    This Privacy Policy includes:

     

    1.     Collection of Personal Information

     

    2.     Intended Use of Personal Information

     

    3.     Retention of Personal Information

     

    4.     Destruction Process of Personal Information

     

    5.     Consignment of Personal Information

     

    6.     Rights of Users and Legal Representatives

     

    7.     Technologies and Management of Personal Information

     

    8.     Installation, Operation and Rejection of Cookies

     

    9.     Sharing and Providing Collected Personal Information

     

    10.   Contacts and Relevant Departments

     

    11.   Duty of Notification of Changes to this Privacy Policy

     

     

     

     

     

    1. Collection of Personal Information

     

    Nespresso collects the following information from our users in order to provide membership registration, consultation, and other services.

     

    1.1. Required information: name, email, address, mobile phone number, zip code, telephone number, sex

     

    1.2. Optional information: Additional questions acknowledged by Nespresso as necessary for CRM(Customer Relationship Management) suitable for our members

     

    Also, your service usage history, access log, cookies, access IP information, and membership information that is processed by the service provider for marketing can be created and collected during your use of services or process of business. 

     

    In addition, we may collect your credit card name and number if you purchase our products by credit card, your bank name and account in case of bank-to-bank transfer, and the recipient’s name, telephone number, address, and zip code for delivery of goods.

     

    2. Intended Use of Personal Information

     

    Most of the services provided by Nespresso’s websites can be used without any form of registration. However, we collect your personal information while you use Nespresso membership service, purchase our products, and participate in events and customer surveys, if it is necessary, so that we can provide better quality services including customized service to our users, and the collected personal information is used for the following purposes.

     

    2.1.  Fulfillment of service contract and payment for service

     

    Providing content and customized service, delivery of goods and bills, user authentication, purchasing and payment, collection of bills

     

    2.2.   Membership management

     

    User authentication for the use of membership service and in compliance with the mandatory authentication measures, user identification, prevention of illegal or unauthorized use by delinquent members, checking user’s intention to register, registration and limiting the number of registrations, checking whether the legal representatives of children under 14 agree to the collection of their children’s personal information by us, authentication of legal representatives in the future, recording history for conciliation of disputes, handling customer’s complaints, delivering notifications

     

    2.3.   Marketing advertisements

     

    Developing new service and providing customized service, providing service or posting advertisements according to the statistical characteristic, checking the availability of service, providing information regarding events and advertisements as well as chances to participate, understanding the frequency of access, acquiring the statistics of the user’s service usage

     

    3. Retention of Personal Information

     

    Nespresso possesses your personal information while you use membership service of our websites as a member and utilizes your personal information according to the rules. If you request to terminate the subscription or we have fulfilled the purpose of collecting and using your personal information, we destroy your information without any delay. But, the information mentioned below will be kept for the described period of time due to the following reasons. 

     

    <Retention of information in compliance with the relevant laws>

     

    Member information shall be kept for a certain period of time written in the relevant laws if it is required by the legislations including commercial law and the Act on the Consumer Protection in Electronic Commerce.

     

    - Record regarding contract or withdrawal of subscription

     

    Legal ground: the Act on the Consumer Protection in Electronic Commerce

     

    Retention period: 5 years

     

    - Record regarding payment and supply of goods

     

    Legal ground: the Act on the Consumer Protection in Electronic Commerce

     

    Retention period: 5 years

     

    - Record regarding user identification

     

    Legal ground: the Act on Promotion of Information and Communications Network Utilization and Information Protection

     

    Retention period: 6 months

     

    - Record of visits

     

    Legal ground: the Protection of Communications Secrets Act

     

    Retention period: 3 months

     

    4. Destruction Process of Personal Information

     

    Nespresso destroys your personal information without delay after accomplishing our purpose of collecting and using it. The information provided by the user for member registration is transferred to a separate DB after its purpose is fulfilled (if it is written on a paper, it shall be moved to a separate document box). And it will be kept for a certain period of time before being destroyed due to information protection reasons based on Nespresso’s internal rules and other relevant laws (refer to Article 3. Retention of Personal Information)

     

    5. Consignment of Personal Information

     

    Nespresso consigns the operation of personal information to third parties written below to improve our service. The consigned work of our websites is as follows. Nespresso regulates what are necessary according to the relevant regulations so that the personal information can be processed safely during the consignment contract.

     

    Company name: ILYANG Logis Ltd.

     

    Consigned work: product delivery service

     

    6. Rights of Users and Legal Representatives

     

    Users and legal representatives of children under 14 have the right to access or modify their own or their children’s personal information, and to request termination of their or their children’s subscription through our websites.

     

     

     

    Click “modify personal information”(or ‘modify member information’) to access or modify personal information of users or children under 14, or click “termination of account” to terminate subscription (to withdraw contract agreement), and follow the identification process before accessing, modifying or deleting personal information.

     

    Or if you contact Nespresso by letter, call, or e-mail, we will take reasonable measures without delay.

     

    When you request correction of errors in your personal information, we will use or provide the personal information only after the correction is complete. If the wrong information has been already provided for the third party, we will inform them of our correction without delay and have them correct the wrong information they have.

     

    Nespresso processes the personal information terminated or deleted upon the request of users or legal representatives in compliance with the terms in “Article 3. Retention of Personal Information” and this information can be accessed or used only for the purposes described in the same article.

     

    7. Technologies and Management of Personal Information

     

    Nespresso is taking all reasonable steps in order not to allow your personal information to be acquired by third parties other than those who act for or on behalf of Nespresso and have agreed to treat your personal information confidential and secure. Access to personal information 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 Personal information.

     

    To ensure the security and confidentiality of personal information that Nespresso collects, 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 completely secure environment, and that therefore the confidentiality of the personal information provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by Nespresso. Thus, we cannot be responsible or liable for the security of your personal information whilst in transit via the Internet to us.

     

    8. Installation, Operation and Rejection of Cookies

     

    Anonymous information is processed by Nespresso to help improve the content of our websites, to customize 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.

     

    You have the right to agree or disagree to cookies installation. Therefore, you can configure options to allow all cookies, check whenever cookies are store, or refuse all cookies to be stored, in which case you may have a limited access to services provided by online shops that require login.

     

    9. Sharing and Providing Collected Personal Information

     

    Nespresso shall never disclose your personal information to third parties outside of the Nespresso group of companies, except when required to do so by following reasons.

     

    Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your personal information to one of its databases or to companies within the Nespresso group or to its partners, who have agreed to keep your personal information 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 personal information transfers to our databases in that country are equally protected and that a transfer of personal information to third parties in such countries does not occur. By submitting your personal information, 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.

     

    10. Contacts and Relevant Departments

     

    Nespresso assigned the following person and relevant department to protect your personal information and handle complaints regarding personal information.

     

    If you wish to file a report or need consultation regarding the infringement of personal information, please contact the following organizations.

     

    - Personal Information Infringement Report Center (www.118.or.kr / 118)

     

    - Information Protection Mark Accreditation Committee (www.eprivacy.or.kr / 02-580-0533~4)

     

    - Department of High-tech and Financial Crimes Investigation Division of Supreme Prosecutor’s Office (http://www.spo.go.kr / 02-3480-2000)

     

    - Cyber Terror Response Center of the National Police Agency (www.ctrc.go.kr / 02-392-0330)

     

     11. Duty of Notification of Changes to this Privacy Policy

     

     

     

    Nespresso developed this Privacy Policy on June 1st, 2014. If we decide to add, delete, or modify the content of this Policy due to changes in regulations, policies, or security technology, we will post new Policy on our websites.

     

    Final Revision of the Privacy Policy: June. 1st 2014

     

    Enforcement of the Privacy Policy: June. 1st 2014

     

     

     

    Nestlé Korea Ltd Nespresso S.A.

    June. 2014

    © 2003 Nestlé Korea Ltd Nespresso S.A. All rights reserved.

     

  • Conditions of Sale

    1. Applicability of General Conditions of Sale

    1.1 Each order placed with Nestlé Korea Ltd. 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 Nespresso immediately. 

    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 separately.) 

    6.2 Delivery charge is 3,000 Korean won, including tax, per order under 150 capsules. (FREE SHIPPING on orders from 150 capsules 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 Nespresso within 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 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. 

    June. 2014

    Nestlé Korea Ltd. Nespresso S.A.

  • Nespresso International Competitions & Promotions General Rules

    1. Scope & application
    1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
    1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
    1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
    1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.

    2. Participants
    2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
    2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules.  Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
    2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
    2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.

    3. Entries
    3.1 Promotions are free to enter and no purchase of any kind is necessary.
    3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
    3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
    3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
    3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
    3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
    3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.

    4. Prizes
    4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
    4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
    4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize. 
    4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
    4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
    4.6 In addition, all travel or holiday prizes are subject to the following:
    (a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
    (b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
    (c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
    (d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
    (e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
    (f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.

    5. Personal information
    5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
    5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
    5.3 All personal data provided by Participants or received Nespresso will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and 1993 OLPD 235.11, as amended) and Nespresso's published Privacy Policy, the latest version of which is available at www.Nespresso.com. By accepting these Rules, participants also accept the terms of the Privacy Policy, which they should read before submitting an entry.
    5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
    (a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso's Website or other technical means  as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
    (b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
    (c) All Invitations shall nominate the Participant as sender and not Nespresso;
    (d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
    (e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
    5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.

    6. Intellectual property
    6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
    6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
    6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person.  Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
    6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.

    7. General
    7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
    7.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
    7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.    
    7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.

    2010
    NESTLE Nespresso LTD.

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    Nespresso Korea

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    Seoul, Republic of Korea