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.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
Effective Date: August 27, 2014
Last Updated On: August 27, 2014
Please read this privacy notice carefully to understand our policies and practices regarding your personal information and how we will treat it. By using a Nespresso website or applications or by otherwise giving us your personal information, you agree to this notice. If you do not agree to this notice, you must not use our Websites or applications or give us any of your personal information.
This notice provides important information in the following areas:
This notice may change from time to time (See CHANGES TO OUR NOTICE). Your continued use of the Nespresso Websites after we make changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.
Please be informed that Nespresso USA is the data controller of any personal information you submit to Nepresso USA.
This privacy notice ("Notice") describes the types of information NESPRESSO USA ("Nespresso," or "we") may collect from you or that you may provide to us and our practices for collecting, using, maintaining, protecting and disclosing that information. It also tells you how you can access and update your information and make certain choices about how your information is used.
This Notice covers both our online and offline data collection activities, including information that we may collect through our various channels such as boutiques, web sites, applications, social media, customer relationship centres, trade corners and events. Please note we may combine information that we collect via one method (e.g., a Nespresso website) with information that we collect via another method (e.g., a Nespresso offline event).
This Notice applies to consumers only. This Notice applies only to our collection and use of information from consumers, using the methods described under this Notice. It does not apply to our business customers (e.g., retailers, distributors, etc.). It also does not apply to information we might collect and use for employment-related purposes (e.g., resumes, job applications, etc.) or business-to-business related purposes (e.g., media inquiries, investor relations, etc.).
This Notice applies to information we collect from or about our consumers, through the methods described below, from the following sources:
Nespresso Websites . Consumer-directed Websites operated by Nespresso, including sites that we operate under our own domains/URLs and minisites/apps that we run on third party social networks such as Facebook ("Websites").
Nespresso mobile sites/apps . Consumer-directed mobile sites or applications operated by Nespresso, such as smartphone apps.
E-mail, text and other electronic messages . This includes electronic communications between you and Nespresso.
Offline registration forms . Printed registration and similar forms that we may collect from consumers such as via postal mail, in-store demos, or events.
Call center registrations . Information that we may collect from consumers through our customer relationship centres ("CRC")
Data from other sources . Information we may obtain about you from other sources, including but not limited to third party social media sites, via applications for contests or sweepstakes or similar activities in which you've allowed a third party to share your activites with Nespresso.
Depending on how you interact with Nespresso (online, offline, over the phone, etc.), we may collect from you various types of information, as described below.
Personal Contact Information . This includes any information you provide to us that would allow us to personally contact you, such as your name, home or mailing address, e-mail address or phone number (home, cell, etc.) . In some cases, this could include personal information that you give us about someone else (for example, if you provide a friend's email address for a tell-a-friend program).
Account login information . Any information that is required to give you access to your specific account profile. Examples may include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information . Any information that describes your demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle information.
Technical information about computer/mobile device . Any information about the computer system or other technological device that you may be using to access one of our Websites or applications such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or application via a mobile device such as a smartphone, the collected information may also include your phone's unique device ID, geo-location, and other similar mobile device data.
Websites usage information As you navigate through and interact with our Websites, we may use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions such as page response times, download errors, length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and may also be collected through the use of third party tracking services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site).
Consumer-generated content. This refers to any content that you create and then share with us by uploading it to one of our Websites or applications, including one of our Facebook sites. Examples may include photos, videos, personal stories, or other similar media or content. We may collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Social network information. This refers to any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a social network such as Facebook or every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect). To learn more about how your information from a third party social network may be obtained by Nespresso (or other third party application developers), please visit the website of the relevant social network.
Payment information . Any information that we need in order to fulfil a sale, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, we do not store payment card information longer than needed by the payment transaction and we are compliant with applicable requirements such as PCI DSS.
Do we collect personal information from children? We do not knowingly solicit or collect personal information from children below the age of 13 for any purpose. If we discover or are informed that we have accidentally collected information from a child below the age of 13, we will remove that information from our records as soon as feasibly possible. Anyone who becomes aware that we have collected such information may notify us using the contact information contained in paragraph 11.
We may collect information through automated technologies (such as cookies, IP addesses, log files and web beacons) that collect and remember certain account login information, technical computer information, and/or previous website usage information, and may also be collected through the use of third party tracking services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site).
We may also use web beacons, to capture information about how you respond to certain email campaigns (e.g., time the email is opened, where user links to from the email, etc.).
Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
You can control tracking tools. In particular, your browser gives you the ability to delete or reject browser cookies. If you block cookies, certain features on our website may not work. Some browsers have a "Do Not Track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so note that our systems may not recognize Do Not Track headers or signals from some or all browsers. If you block or delete cookies, not all of the tracking that we have described in this Notice will stop.
Log Files . We may collect information in the form of log files that record website activity and gather statistics about web users' browsing habits. These entries are generated automatically, and help us to troubleshoot errors, improve performance or maintain the security of our Websites.
IP Addresses . We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our websites to certain users, and, (iv) better understand how our websites are utilized. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
Web Beacons . Web beacons (also known as "web bugs") are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via web beacons may include technical information such as IP Address, as well as information about how a user responds to an email campaign (e.g., at what time the email was opened, where does the user link to from the email, etc.). We may use web beacons on our Websites or include them in the e-mail messages we send you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.
The following paragraphs describe the various purposes for which we might collect and use your information, and the different types of information that might be collected for each. Please note that not all of the uses below will be relevant to every consumer.
Customer service . We may use your information to provide you customer service, including responses to your inquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g., order status, technical issue, product question/complaint, general question, etc.).
Contests and other promotions . We may use your information to provide you with marketing campaigns or promotions. Some of our promotions may be run on third party social networks. For more information about our contests and other promotions, please see the official rules or details posted with each promotion.
Marketing communications . We may use your information to provide you with information about goods or services we feel may interest you (marketing communications), such as email, SMS, and postal mailings. Please note that if you choose to receive SMS text messages, your plan fees for messaging will apply. We may also show you marketing communications on other websites, including on social media sites where you are a member, by matching activities or information collected on our websites with those collected on third party sites ("Targeted Advertising"). These marketing communications will keep you up-to-date on the latest news, events, special offers, and promotions from Nespresso USA. On occasion, these communications may also introduce you to other Nestlé brands and inform you about offers and promotions from other third party companies. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information. In some instances (such as for mobile apps and text messaging programs), this could involve the use of your precise geo-location, which may allow us to send you location-based offers and promotions.
You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. If you have an account with us, you may be given the option to change your communication preferences under the relevant edit-account section of our site (if available) or by contacting Consumer Services. Changing these preferences would also remove you from our lists for future Targeted Advertising. You may also visit social media sites where you are a member to explore opt out options they may provide for Targeted Advertising. Please note that even if you opt out from receiving marketing communications from us, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements. You will also still see generic ads on other websites, including on social media sites where you are a member.
For detailed information on how to modify your preferences about marketing communication, please see sections 7 and 8 below.
Thid party social networking . We may use your information when you interact with third party social networking geatures such as "Like" functions. You can learn more about how these features work, and the profile data we may obtain about you, by visiting the relevant sections of the third party social networks.
Website improvement and personalization . We may use your information to improve and personalize your experience on our Websites and applications; to ensure that content from our Websites is presented in the most effective manner for you and for your computer; and to allow you to participate in interactive features, when you choose to do so. This is typically done through automated technologies (such as cookies) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID/email address or screen name so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we may also show you specific Nespresso content or promotions that are tailored to your interests.
Order fulfillment . We may use your information to process and ship your orders, and to inform you about the status of your orders. This could involve the use of certain personal contact information and payment information.
Product improvement and customization . We may collect and use your information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas. This mostly involves the collection and use of demographic information and consumer feedback.
Consumer engagement . We may collect and use your information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.
Website community features . We may collect and use your information to give you access to website community features, including features that may allow you to upload and share recipes, pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal contact information,account login information,demographic information, and/or consumer-generated content. Because these features are "communal" in nature, information or content that you post in these areas may be visible to others. Please use caution when using these features or uploading content to a Nespresso USA site. For some community features, we may give you the ability to control whether some parts of your profile can be seen by others. To access these settings, log in to the relevant edit account section of our site (if one is available) and access your community profile. For website community features that have social networking integration (such as "Facebook Connect"), see separate paragraph on " Third party social networking."
Website viral features (e.g. tell-a-friend) . We may request and use your information so you can use website viral features, such as our tell-a-friend features. These features allow you to easily share certain Nestlé USA news, product information, promotions, wish list items, or other content with family members and friends. These features typically require the collection and use of personal contact information (such as names and email addresses) so that the selected one-time message or content can be delivered to the proper recipients. In most cases, we do not retain the information provided. In some cases (for example, as part of a refer-a-friend program), we may store the information so we can track and reward consumers for their successful referrals. For tell-a-friend or other viral features administered by third party social networks (such as Facebook's "Share" and "Like" features), please refer to the website of the relevant social network for additional information.
Other general purposes (e.g., website security, internal research) . We may use your information for other general business purposes, such as to conduct internal marketing and demographic studies; and to measure the effectiveness of advertising campaigns.
We may share your information with the types of companies or in the situations described below. Third parties are only allowed to access and use your information for the specific tasks they've been requested to do and are required to keep your information confidential and secure.
We do not rent or sell your information to third party companies for their own marketing use.
Companies of our group . Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
Agents and service providers . These are outside companies that we hire to help us run our business (e.g., order fulfilment, payment processing, Website operation, support services, promotions, Website development, CRC, etc.).
Credit reference agencies . These companies may help us for the purpose of assessing customer's credit score where this is a condition of us entering into a contract with said customer, for the purposes of fraud protection and credit risk reduction.
We use a variety of standard methods (described below) to keep consumer information confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as social networks.
Secure operating environments . We store your information in secure operating environments that are protected from the public. We follow generally accepted industry standards to protect personal information. The transmission of information via the internet is unfortunately not completely secure and although we will do our best to protect your personal data, we cannot guarantee the security of the data during transmission to our Websites. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access.
We generally store your information for as long as your account is active with us or as needed to provide you the relevant services, and comply with legal requirements. This means that we may retain your personal information for a reasonable period after you stop using our services or stop using our Websites.
Measures we expect you to take . It is important for you to also play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal your password to anyone else, you are responsible for keeping this password confidential. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we may provide you in our website community areas.
Transfer of your information . The storage as well as the processing of your information as described above, such as uses made of your information or disclosure of your information, may require that your information is transferred to, and/or stored at, a destination outside the United States as well as processed by staff operating in said territory. We storeyour information in secure data centers located in Switzerland and in the United States. By accepting the terms of this Notice, you agree to such transfer, storing and/or processing.
Access to information . You may request access to your personal information by visiting the appropriate "your account" or "your profile" section(s) on our website or please Contact Us.
Modification of information . You may also have your personal information deleted, corrected or revised by. Please notice that, in certain cases, we may not be able to delete your personal information except by also deleting your user account.
Our Websites have a "your account" feature where you may review and edit the information you have provided and you may be given the option to change your communication preferences, including opting-out (please see Advertising, marketing and promotions). You can review and change your personal information by logging into the Websites and visiting your account profile page. Please notice that we require our registered costumers to verify their identity (e.g., login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.
Your California Privacy Rights
California law states that California residents may have the right to request and receive certain information about our disclosure of your personal information to third parties for their own marketing use, and your choices with respect to such disclosures. However, because we do not share your personal information with third parties for their own marketing use (as set forth above), we are exempt from having to meet this requirement. If you still wish to learn more about our compliance with this requirement, you may contact Consumer Services.
We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms provide you with the following control over your information:
Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please see Tracking And California Do Not Track Disclosures above.
Advertising, marketing and promotions. If you wish to have your personal contact information used by Nespresso to promote our own products or services, you can opt-in by checking the relevant box located on the registration form. You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. At any moment, you can opt-out by logging into the Websites and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that even if you opt-out from receiving marketing communications, you may still receive administrative communications from us, such as order or other transaction confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements.
If we change the way we handle your information, we will update this Notice. We reserve the right to make changes to our practices and this Notice at any time. Any material changes we may make to our Notice in the future will be prominently posted on our web sites or will otherwise be communicated to you prior to the change becoming effective. Please check back frequently to see any updates or changes to our Notice.
To ask questions or comment about this Notice and our privacy practices, contact us at: https://www.nespresso.com/us/en/contactus or call our CRC at 1-800-562-1465 for OriginalLine or 1-877-964-6299 for VertuoLine.
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
NESTLE Nespresso LTD.
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.
2.1 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.
3.1 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.
4.1 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.
5.4 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.
7.1 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.
NESTLE Nespresso LTD.
Nestlé Nespresso SA
Avenue de Rhodanie 40