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.
Nespresso Österreich GmbH & Co OHG
© 2016 Nestlé Nespresso S.A. All rights reserved.
Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your personal data and how We will treat it. By using a Nespresso website or app, by calling a Nespresso CRC, by ordering in a Nespresso Boutique or by otherwise giving us your Personal Data, you agree to this notice. If you do not agree to this notice or otherwise fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), (a) you must not use our websites or apps, or become a Nespresso Member and (b) We may not be able to provide you with our goods and/or services. This Notice may change from time to time (see Section 10). Your continued interaction with us after We make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates.
This Notice explains how your personal data are collected, used, and disclosed by Nespresso entities as listed in the controllers & contact section (Section 11) (“Nespresso”, “We”, Us”). It also tells you how you can access and update your personal data and make certain choices about how your Personal Data are used.
This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We may combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook ("Websites").
Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.
E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”).
Nespresso Boutiques. Stores managed by Nespresso.
Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
Data from other sources. Social networks, publicly available information.
Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
Account login information. Any information that is required to give you access to your specific account profile. Examples 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 behavioural characteristics. Examples 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 use to access one of our Websites or apps, 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 app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, We 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 content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking services (such as Double Click, Google Analytics, Adobe Dynamic Tag Management and/or Omniture). You have the right to object to the use of such technologies, for further details please see Section 3.
Consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. This refers to any content that you create and then share with Us on a social network or by uploading it to one of our Websites or apps, including the use of social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We 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 you share publicly on a social network or 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. We 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, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant social network.
Payment and Financial information. Any information that We need in order to fulfil an order, 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 handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
Calls to CRC. Communications with a CRC may be recorded, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes) and, in certain cases, to archive proof of consent for direct marketing and profiling. Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call and will have the opportunity to object.
Cookies/Similar Technologies. Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email 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 you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We may use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. 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, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose.
For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below.For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.
Social networks: We use your Personal Data when you interact with third party social networking features, such as to serve you with advertisements and engage with you on social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.
Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; to ensure that content from our Websites/apps is optimised for you and for your computer or device; and (iv) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your personal data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain personal information and payment information.
Other general purposes (e.g. internal research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal marketing and demographic studies and measuring the effectiveness of advertising campaigns. We reserve the right, should you have member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, We may share your Personal Data with any of our legal successors. We may also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.
5. DISCLOSURE OF YOUR PERSONAL DATA
In addition to the Nespresso/Nestlé entities (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), We share your Personal Data with the following types of third party organisation:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, debt collection, website operation, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).
Credit reporting agencies/debt collectors
Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes.
Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).
6. RETENTION OF YOUR PERSONAL DATA
In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
Personal Data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws
We use a variety of reasonable measures (described below) to keep your Personal Data 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.
People who can access your Personal Data. Your Personal Data will be processed by our authorised staff, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your personal information, We cannot guarantee the security of the data during transmission through our Websites/apps.
Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. 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/app.
Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
Access to Personal Data. Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You may also have the right to request information on the source of your Personal Data.
These rights can be exercised by sending Us an e-mail to firstname.lastname@example.org or writing to us at Nespresso Mahlerstraße 7, 1010 Wien, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
Modification and Deletion of Personal Data. Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
Please note that, in certain circumstances, We may not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers 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 unauthorised access to your account.
Notwithstanding this, you can also exercise your rights by sending Us an e-mail to email@example.com or writing to us at Nespresso Mahlerstraße 7, 1010 Wien attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being used. Please see Section 3 above.
Advertising, marketing and promotions. If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps 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.
Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by Nespresso to provide you with a personalized experience, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.
Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements may be tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You may visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you may opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You may also stop the collection of precise location data from a mobile device by accessing your device location service settings.
If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.
To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: Nespresso Mahlerstraße 7, 1010 Wien, per Email: firstname.lastname@example.org or call us:0800 21 62 51 (toll-free)
We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).
Nestlé Nespresso SA (Nestlé Nespresso Ltd)
Avenue de Rhodanie 40, 1007 Lausanne,
Nestlé Treasury International S.A.
Website/app related payment card operations.
Point to note: in certain limited cases, another Nestlé or Nespresso entity might be behind the processing of your payment card details.
If you are making a purchase in boutique or calling our CRC, the following local data controllers will also be involved:
Nespresso Argentina , Division of Nestlé Argentina
C1010AAZ Buenos Aires
Nespresso Australia, Division
Nestlé Australia Ltd
Level 11, 201 Miller Street
North Sydney - NSW 2060
Nespresso Brazil, Division
Nestlé Brasil Ltda
Rue Oscar Freira, 379 2o andar cj 21
Cep : 01426-900
Jardins - Sao Paulo
2021 Crescent Street
Montreal QC H3G 2C1
Nespresso Chile S.A.
Av. Las Condes 11.287 - Piso 6
Las Condes - Santiago
Nestlé Nespresso Beijing Ltd.
Tower 2, Room 1009, China Central Place
79 Jian Guo Road, Chao Yang District
Nespresso Colombia, Division
Division of Nestlé Colombia
Nespresso France S.A.S.
1 Boulevard Pasteur
Nespresso Deutschland GmbH
Zollhof 8 / Grd-Bateau
Nespresso Hong Kong, Division
Nestlé Hong Kong Ltd
28/F, PCCW Tower
Taikoo Place, 979 King's Road
Quarry Bay, Hong Kong
Nespresso Israel Ltd.
32, Shaham Street
Petah-Tikva / Tel Aviv
Nespresso Italiana S.p.A.
Galleria San Babila 4D
Nestlé Nespresso K.K.
Shiba Nikkei Yuraku Bldg. 6F/7F
1-10-13, Shiba, Minatoku, Tokyo 105-0014
Nespresso Mexico S.A. de CV
The Data Protection Committee
Monte Elbruz, 132 Despacho 803
Col Chapultepec Morales CP
Nespresso Nederland B.V.
Burgemeester, Stramanweg 108/b
1101 AA Amsterdam
Nespresso Norway, Division
AS Nestlé Norge
P.O. Box 713, Skoyen
Nespresso Poland, Division
Nestlé Polska S.A.
Oddzial Nespresso w Warszawie
Nespresso Russia, Division
Nestlé Rossiya LLC
Paveletskaya sq, 2/1
Nespresso Korea, Division
Nestlé Korea Ltd
The Data Protection Committee
16th Floor Westgate Tower,332 Migeun-Dong
Seodaemun-Gu Seoul 120-020
Nespresso Singapore, Division
Nestlé Singapore (PTE) Ltd
The Data Protection Committee
15A Changi Business Park, Central 1
05-02/03 Eightrium at Changi Business Park
Nespresso Spain, Division
Po de la Bonanova 9, 1o2o
Nestlé Taiwan Ltd
8F, No.399, Ruiguang Road, Neihu District
Nespresso USA, Inc.
101 Park Avenue, 22nd Floor
New York, NY 10178
Nespresso UK Ltd.
10th Floor/Metro Building
London W6 8DL
- General Terms and Conditions
1. Applicability of General Terms and Conditions
1.1. Each order placed with Nespresso Österreich GmbH & Co OHG (henceforth referred to as “Nespresso”) shall be governed by the present General Terms and Conditions, latest issue. Orders via internet or purchases in the Nespresso Boutique may additionally be governed by specific conditions. By placing an order, you acknowledge that you have read, understood and accepted the present General Terms and Conditions.
1.2. Deviating terms of the customer are only accepted when previously explicitly confirmed by Nespresso in writing. Therefore, conflicting general terms and conditions of customers are not considered as agreed and are void, unless they are explicitly approved by Nespresso in writing.
1.3. Nespresso reserves the right, at any time, to modify or adjust the present General Terms and Conditions.
2.1. You can order:
• by phone: 0800/ 21 62 51 (free service number)
• by fax: 0800/ 21 62 52 (free service number)
• by mail: Nespresso, Mahlerstraße 7, 1010 Wien
• by Internet: www.nespresso.com
• in the Nespresso boutiques
2.2. All Nespresso varieties are parceled in sleeves with 10 capsules each and can only be ordered sleeve wise. When ordered on the internet the minimum order quantity is 50 capsules. There is no such minimum order quantity for purchases of capsules in the Nespresso Boutiques, by phone or fax.
2.3. Nespresso reserves the right to refuse orders especially in case of unpaid bills or illiquidity.
2.4. All offers of Nespresso are nonobligatory where not expressly designated as binding. 2.5. Easyordering Service • ‘Easyordering’ allows you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency. The General Conditions of Sales automatically apply to any order placed through Easyordering. In the event of a conflict between the General Conditions of sale and the conditions related to Easyordering, the conditions related to Easyordering will prevail. • “Your order will soon ship” notification Three days before your recurrent order will be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock. • Payment Payments shall be made by credit card or by invoice. All recurrent orders by credit card will be billed to your credit card on the day of shipment. In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment. • Modification and Cancellation You are entitled to cancel your Easyordering subscription, cancel one or more recurrent orders or modify the Product(s) basket, the frequency or any customer detail at any time free of charge. In the event that you cancel a specific order or your Easyordering subscription before or while your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the Product(s) to return the order in accordance with the present General Conditions of Sale. • Out of stock If one of your Product(s) included in your recurrent order is out of stock at the moment of the “your order will ship soon” notification, we will notify you in this notification and will still ship your other recurrent orders on your requested frequency, unless the order is cancelled by you. You will not be charged for any Product(s) which is out of stock. • Promotions You will have the opportunity to benefit from promotional offers specifically relating to your Easyordering subscription. These Easyordering-specific promotions will not be applicable to any order made outside an Easyordering subscription. With your Easyordering account, you will also have the possibility to benefit from ongoing general campaigns and promotions. Your Easyordering subscription does not automatically take into account other promotional offers announced on or around the time of your recurrent order processing. To benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your Easyordering subscription. 2.6. EXPLORATIONS Avant Première Nespresso is offering the possibility to purchase coffees from the EXPLORATIONS platform in Avant Première. Access to such special edition coffees in “avant première” enjoy specific rules: - Only Club Members having purchased one or several EXPLORATIONS coffees in the past 18 months are eligible to purchase these products in Avant Première. - The Avant Première is valid for purchases for a limited time only and is subject to availability. - Past the Avant Première period, EXPLORATIONS coffees will be available for purchase to everyone (while stock lasts) - EXPLORATIONS coffees may not be available in all Nespresso channels. For further information regarding EXPLORATIONS, please contact Nespresso on Freephone.
3. Registration and Membership
When registering in one of our boutiques, through our Nespresso (24/7) customer service, Nespresso app or online at www.nespresso.com additional Terms and Conditions regarding your Nespresso membership will apply.
4.1. Nespresso only delivers to Austria and is anxious to dispatch on the next business day on the latest. The shipping costs will be charged as a flat charge in the amount of € 2,70 including value-added tax in addition to the purchase price.
4.2. By request we can offer an express delivery within 24 hours when ordered on business days before 12 pm.
4.3. Coffee and accessories can be shipped to any place in Austria. To avoid additional expense for parcel collection because the postal recipient cannot be reached we recommend the shipping to an address on which the customer is able to take delivery of the shipment during the customary delivery times. The customer shall be obliged to ensure that proper delivery of the goods ordered will be taken.
4.4. Unless otherwise agreed, the goods will be shipped to the address the customer has declared as shipping address.
4.5. By taking charge of the goods by the customer respectively by proper deposit in case the postal recipient cannot be reached all risks of loss or damage of the goods shall be transferred to the customer.
4.6. Nespresso is anxious to hold a sufficient amount of all goods on stock to be able to fulfill each order. Nevertheless seasonal influences might lead to supply shortage of some goods. Nespresso serves the right to fulfill orders through part deliveries. Orders of limited series (such as limited editions, Special Coffee or specific accessories) can only be fulfilled as long as stock lasts.
5. Warranty, inspection of goods
5.1. In case of a defective delivery or non-delivery Nespresso will deliver either an equal substitute or credit the purchase price, respectively refund the price when already paid.
5.2. (Not applicable for consumers, “Verbraucher”, as per KSchG): The customer must check the condition of the goods straight after reception. If the goods are damaged or incomplete, the customer must inform us within 7 days in writing by stating the invoice number, shortly describing the defects and attaching a copy of the delivery note – otherwise the customer loses his claims against Nespresso.
6.1. In case of a consumer business (“Vebrauchergeschäft”) the liability of Nespresso is excluded for slight negligence. This exclusion is not valid for personal damages.
6.2. In all other cases Nespresso is only liable for gross negligence and intent, whereby the customer bears the burden to prove the presence of gross negligence or intent. The compensation of special damages and damages which result from improper use of the delivered goods is exluded.
6.3. The claims for damages according to § 12 Produkthaftungsgesetz (PHG) are excluded - except consumers, unless the recourse claimant proves that the damage was caused by Nespresso at least grossly negligent.
7.1 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.
7.2 Consumers by terms of the Konsumentenschutzgesetz (KSchG) have the right to withdraw from the contract within 14 days from the reception of the ordered good if the contract is exclusively made by way of distance selling (by telephone, fax or online). To withdraw the contract the consumer can use our withdrawal form (withdrawal form). The good must be returned immediately, within 14 days from the submission of the withdrawal declaration at the latest. The consumer shall be liable for any reduction in market value of the goods, if the value loss has an extent that was not necessary for inspecting type, condition and functional capability of the good. There is no right of withdrawal for coffee, if the original packaging is damaged. The direct costs for the return shipment shall be paid by the customer. In case of proper withdrawal Nespresso will refund the payments it received immediately, within 14 days from reception of the withdrawal declaration at the latest, in the same way the payment was made. Nespresso can refuse the refund until the good that has to be sent back arrived or until the consumer provides evidence for the return shipment.
8. Prices and Invoice
8.1. The current prices of all Nespresso products can be asked in the Nespresso at the phone number that is stated above or are designated on price lists or through other price labelling. In case of price changes those prices shall apply that were valid on the day of order.
8.2. The value added tax is shown separately on the invoices. The customer is obliged to check the shipment for accordance with the invoice and to inform Nespresso immediately in case of differences.
8.3. Nespresso does not give discounts, bonuses in kind, cash discounts or other price reductions.
8.4. Unless otherwise agreed, the invoice will be sent to you electronically to the e-mail address given to us by you.
9.1. All invoices are due for immediate payment. Customers can pay by wire transfer, direct debit payment or with all major credit cards. When paying cash at a Nespresso Boutique, customers must check the change at once – complaints at a later point will not be accepted. Nespresso reserves the right, especially in the case of customers with a late payment history or poor credit standing, to insist on cash payment or cash on delivery.
9.2. All goods shall remain in the property of Nespresso until the bill is paid in full.
9.3. In case of delayed payment Nespresso is entitled to charge default interest in the amount of 2% in excess of the base rate of the Austrian National Bank in each case, as well as € 3,30 including value added tax for each reminder. Further, extrajudicial collection charges for adequate prosecution and recovery of the debt(s) according to the Inkassogebührenverordnung, BGBl 1996/141 in the current version, are charged directly to the customer. 9.4. We explicitly reserve the right to refuse acceptance of checks or bills of exchange. If at all, we accept them only as conditional payment. Discount and bill charges shall be borne by the buyer and are due for immediate payment.
10. Warranty of machines and services after sale
10.1. The warranty of the Nespresso machine conforms to the terms which are enclosed with the machine by the respective producer. Thereby, the warranty conditions which are mandatorily required by law shall not be restricted.
10.2. Our staff members of the Nespresso will be glad to advise you in all questions concerning the machine.
11. How to write a review
Would you like to give your opinion on one of our machines by writing a review? You can easily place your review through our order page by clicking on the "Reviews" tab. Once you've written your review and placed your review by pressing the "place your review" button, your review will soon appear on our website. Note: to remain representative, the first few reviews will only be displayed when there are four reviews or more per machine.
By submitting your review, you agree to the following terms and conditions:
1. Your review is accurate, up-to-date, reflects your true opinion, and is based on your actual experience with the product. In case of questions or complaints, we kindly ask you to contact our customer service.
2. Always hold privacy of others in mind: never share personal information in your review.
3. Do not violate the rights of others (privacy, intellectual property rights, trademark or copyright).
4. Keep it clean: reviews that contain profanity, misleading, inaccurate, offensive, or insulting words will not be accepted.
5. Use plain language (no SMS language or unusual abbreviations).
6. Stay on topic: spam, chain reactions, commercial / promotional or advertising messages are not accepted.
7. If you received a free product or any other benefit for the testing, mention this explicitly in your review.
8. Do not mention or refer to:
A. Products of competition
B. Distribution Channel and shops
C. Price comparison
9. Nespresso staff is not allowed to post reviews, unless the relationship is specifically mentioned in the review. Companies or agencies that are hired by and / or sell Nespresso products, are not allowed to post reviews.
10. The participant shall refrain from any right to royalties for the use of the contents of the review for any purpose, particularly for promotional messages and events, including, without limiting itself to the reproduction, distribution and publication of the contents of the review, as well as their making available to the public under any form and through any medium (paper or electronic, internet, TV, radio, cinema, ...), including customized versions.
11. The right to use the content of the review is granted for the duration of the legal copyright protection without territorial restriction. This right can also be transmitted or transferred under license to third parties and, in particular, and without limiting itself to this, to subsidiaries of Nestle, without any restriction.
12. Nespresso reserves the right to monitor and control the content that you have submitted.
13. Nespresso reserves the right to remove reviews or refuse reviews that do not comply with our terms and conditions.
14. Nespresso reserves the right to modify these terms and conditions at any time.
15. The content on this site does not necessarily reflect Nespresso's opinion or viewpoints. Nespresso is not responsible for content from third parties or other websites.
12. Data retention
13. Final Provisions
In case single provisions of these terms and conditions are void this does not affect the validity of the remaining provisions and the contracts made with the customer based on those provisions. Instead of a possibly void provision a regulation that, within the framework of what is legally permissible, comes closest to the void provision (intended to the economic purpose) shall apply as agreed.
All legal relationships between Nespresso and the customer based on these terms and conditions are governed by Austrian substantive law excluding the provisions of the UN Convention on Contracts for the International Sale of Goods and excluding the reference norms of the Austrian International Private Law. For all disputes arising from the legal relationship the competent court at the domicile of Nespresso is exclusively competent; for consumer transactions the regulations of the KSchG are valid.
Nespresso Österreich GmbH & Co OHG
Amalienstraße 65, 1130 Wien
01.12.2016 / Version 4
- Company Registration
NESPRESSO ÖSTERREICH GMBH & Co OHG
Registered office: Amalienstrasse 65, 1130 Vienna, Austria
Commercial register number: FN 214169f, Vienna Commercial Court
· 0800 21 62 51 (toll-free 24/7)
· e-mail: email@example.com
· postal address: Nespresso, Mahlerstraße 7, A-1010 Vienna
Data Proccesing Register ("DVR") number: 1025465
VAT ID number: ATU 52677303
Purpose of the company: Production and sale of coffee products as well as sale of the coffee systems associated with the consumption of such products, i.e. machines and accessories, all under the designation "NESPRESSO".
Competent regulatory agency: Municipal department ("Magistrat") MA63 Wien, Wipplingerstrasse 6 8, 1010 Vienna, Austria
Competent chamber: Austrian Economic Chamber ("Wirtschaftskammer Österreich")
Professional regulations: Austrian Trade and Industry Code ("Gewerbeordnung") 1994, Federal Law Gazette ("BGBl") 1994/194 as amended, see https://www.ris.bka.gv.at.
NESPRESSO ÖSTERREICH GMBH
Registered office: Amalienstrasse 65, 1130 Vienna, Austria
Commercial register number: FN 76981h, Vienna Commercial Court
Nestle Österreich GmbH
Registered office: Am Euro Platz 2, 1120 Vienna, Austria
Commercial register number: FN 105870t, Vienna Commercial Court
Online Dispute Resolution Platform of the European Commission: http://ec.europa.eu/odr