2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
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 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.
© 2003 Nestlé Nespresso S.A. All rights reserved.
Conditions of Sale
In these Terms:
“Goods” means any goods provided by Nespresso to you.
“Nespresso” means Nestlé New Zealand Limited trading as Nespresso New Zealand and its officers, employees and agents.
“Services” means any services provided by Nespresso to you.
"Terms" means these terms and conditions of sale.
“you” means the person(s) purchasing Goods and Services from Nespresso which these Terms accompany.
2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nespresso by means of the internet shall be governed by these Terms. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms.
2.3 Nespresso reserves the right, at any time, to modify these Terms by giving notice to you or by posting a new dated version on this website. By placing an order after such notice has been given or after Nespresso has posted a new version of these Terms, you agree to be bound by that updated version.
3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
5. NESPRESSO CLUB MEMBERSHIP
5.1 When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso Club. Membership is non-transferable. Your membership number will appear on your first invoice. Your membership entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club are correct, complete and remain up to date.
6.1 You may place orders for Goods and Services (a) by completing a purchase order form and sending or faxing it to Nespresso; (b) by telephone; (c) online on the New Zealand pages of the website www.nespresso.com; or (d) in person at a Nespresso store.
6.2 When ordering Nespresso capsules, each order must be in multiples of 5 sleeves (10 capsules in each sleeve) and may be in any combination of sleeves or blends.
6.3 All orders are subject to availability of stock and minimum or maximum quantities as Nespresso decides from time to time. Nespresso reserves the right to allocate any available stock of Goods among customers in a fair and reasonable manner.
6.4 Nespresso offers its products on this website within the limits of its available stock.
6.5 Nespresso reserves the right to refuse orders whether in whole or in part in its absolute discretion.
6.6 Your order will not constitute a binding contract unless and until confirmed by Nespresso.
6.7 Nespresso reserves the right to cancel a contract in case of writing, printing or calculation errors.
7.1 You must verify your order for Goods upon delivery and you must notify Nespresso within seven days of receipt of any incorrect order.
7.2 If required by Nespresso, such Goods forming part of the incorrect order must be promptly returned by you to Nespresso.
7.3 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
7.4 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.
7.5 You cannot refuse to accept Goods merely on the basis of late delivery unless the Goods are not delivered by any expressly agreed date or dates, or if no date or dates were agreed, within a reasonable time.
7.6 Except as required by law, Nespresso has no obligation to accept Goods returned for any reason.
8. DELIVERY AND RECEIPT
8.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not, to the maximum extent permitted by law and subject to clause 12.2, be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
8.2 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 5kg and, for packages over 5kg, an additional freight and delivery charge as specified by Nespresso.
8.3 If you wish to have Goods or Services provided by means other than Nespresso’s usual means, you will need to make all necessary arrangements and pay all costs involved.
9. PAYMENT AND INTEREST
9.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
9.2 You must pay the price of Goods and Services current at the time your order is placed.
9.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
9.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
9.5 Nespresso reserves the right to charge interest on overdue payments at 2% above the Reserve Bank of New Zealand base rate, compounded daily from the due date to the date of payment.
9.6 Nespresso reserves the right to refuse any new order until any overdue balance has been paid in full.
9.7 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
10. TITLE AND RISK
10.1 Title in Goods passes to you on payment in full for them.
10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nespresso’s premises.
11. MACHINE WARRANTY
11.1 Each Nespresso machine has a manufacturer’s warranty of at least 1 year from its date of purchase. Nespresso is not the manufacturer of Nespresso machines for the purposes of this warranty. Please consult your product documentation for detailed information on the manufacturer’s warranty.
11.2 The manufacturer’s warranty is additional to the guarantees and rights of redress under the Consumer Guarantees Act 1993 (the "CGA").
12. EXCLUSIONS AND LIMITATIONS
12.1 To the maximum extent permitted by law, and subject always to clause 12.2:
(a) Nespresso excludes all implied or statutory representations, warranties or conditions in respect of the Goods or Services;
(b) Nespresso’s only liability in respect of Goods and Services is as expressly stated in these Terms and all other liability is excluded;
(c) without limiting 12.1(b), Nespresso has no liability for loss or damage which arises directly or indirectly as a result of this agreement or of any Goods or Services provided under it whether in statute, contract, tort, for negligence or otherwise and whether that damage is direct, indirect, consequential or otherwise including loss of income, profit, business, goodwill or opportunity; and
(d) Without limiting the scope of these Terms, no claim of any kind shall be greater in amount than the purchase price of the Goods or Services in respect of which the claim is made.
12.2 You acknowledge and agree that if you are acquiring the Goods or Services in trade or for the purposes of a business, the provisions of the CGA will not apply to such supply, but nothing in these Terms will affect any rights that a person who is a 'consumer' for the purposes of the CGA may have under the CGA.
You indemnify and must keep Nespresso indemnified against all damages, losses, costs and expenses suffered by Nespresso 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.
14.1 These Terms and any invoice referencing these Terms 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.
14.2 Clerical errors are subject to correction without notice.
14.3 Nespresso may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nespresso’s obligations under this agreement.
14.4 Nespresso 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.
14.5 Without limiting clause 13, you must pay Nespresso all costs and expenses incurred by Nespresso 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 Nespresso or in otherwise enforcing Nespresso’s rights against you under this agreement.
14.6 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. In the event of delay, the affected party must perform its obligations as soon as reasonably possible. If delay or failure to perform pursuant to this clause continues for 30 days or more, either party may immediately terminate this agreement by notice in writing to the other party.
1. Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these terms and conditions is invalid.
2. Entry is open to residents of New Zealand who are either existing or new Nespresso Club Members (“Eligible Entrants”). Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with this competition and their immediate families are ineligible to enter.
3. The Promotion starts at 9am on Thursday 30 October 2014 and closes at 5.306pm on Wednesday 24 December 2014 (“Promotion Period”).
4. To get an automatic entry in the prize draw the Eligible Entrant must quote their Nespresso Club Member number when they purchase any product from the Nespresso Christchurch Boutique during the Promotion Period. Any customer who is not current Nespresso Club Member can obtain a Nespresso Club Member number and get an automatic entry in the draw when they make their first purchase from the Nespresso Christchurch Boutique.
5. A maximum of one entry will be awarded in any single calendar day when a purchase is made in the Nespresso Christchurch Boutique during the Promotion Period.
6. The Promoter reserves the right to verify the validity of all entries and reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process, including but not limited to making multiple entries, or for submitting an entry which is not otherwise in accordance with these conditions of entry.
7. All valid entries received during the Promotion Period will be entered in the prize draw.
8. The prize is a Nespresso Umilk Machine valued at $379 recommended retail price (“RRP”). There are two prizes awarded.
9. The prize draw will be conducted on Tuesday 15 January 2015 at the offices of the Promoter in Auckland. The first two valid entries drawn will both win the prize.
10. The winners will be notified by phone and in writing within 48 hours of the prize draw and the names and towns of the winners will be available in the Nespresso Christchurch Boutique for a period of two weeks after the prize draw.
11. Prize is not transferable & cannot be taken as cash. Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of the prize.
12. The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.
14. The winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ]) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
15. Prize will only be delivered in New Zealand and each winner should allow 28 days from the prize draw for delivery of their prize.
16. The Promoter is Nestlé New Zealand Limited trading as Nespresso New Zealand of Level 3, 12-16 Nicholls Lane, Parnell, Auckland 2010.