2. Copyright and Intellectual Property
2.1 The content of our websites and mainly but not exclusively the texts, marks, logos, diagrams, images, videos, sounds, songs, layout, designs, know-how, technologies, products, and processes are property of Nespresso or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights existing under the applicable law.
2.2 Except as provided in Section 3 below, 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 keeping and reproducing part of or the entire 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 by Nespresso.
3.2 Nespresso is not liable for the use, by third parties, of any content displayed on its website. Nespresso neither warrants that your use of such content will not infringe rights of third parties nor is held liable for any claims and/or lawsuits of any type arising out of such use.
4. Non-Confidential Information
4.2 Any other information or material transmitted to Nespresso through the Internet, by email 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 will become the property of Nespresso and may be freely used for any purpose, including, the reproduction, disclosure, transmission, publication, broadcast, and posting.
4.3 Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communications you send to the websites for any reason including, but not limited to the development, manufacturing, marketing and trading of products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.4 By submitting information, you warrant 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 has no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 Without prejudice to section 6 below, any material, information and everything you find on the websites are provided “as is”, according to their availability, and without any guarantee of any type, express or implied, including the suitability for any specific purpose.
5.2 Nespresso does not guarantee that its websites or their content will correspond to your expectations, that they will not be interrupted or that they will adequate and free of errors.
5.3 Some jurisdictions may not allow certain limitations of warranties and therefore some of the above exclusions may not apply to you.
6. Limitation of Liability
6.1 You access, use, and browse our websites at your own account risk.
6.2 You recognize and accept that, to the fullest extent permitted by applicable law, neither Nespresso, nor any of its affiliated companies, nor any other party involved in creating, producing or delivering the websites may be held liable for any direct or indirect damages, any injury to reputation, costs, losses, decrease in sales or profit or liabilities of any nature that may result from your access, use, or the impossibility to use the websites or their content.
6.3 All materials downloaded or obtained by any other means while using our websites are at your own account and risk. Nespresso is not liable for any damages or viruses that may affect your computer or other property by reason of your access, use or download of any material from our websites or any illegal intrusion or intervention in the IT (Information Technology) systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionalities of its websites. Nespresso is not responsible or liable for any interruption or discontinuance of any or all functionalities 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 at any time and without prior notice.
8. Availability of Products / Services
Our websites may contain information on Nespresso's products and services from all over the world. However, not all of them are available in every location. A reference to a Nespresso's product or service on the websites does not imply that such product or service is or will be available at your location.
Nestlé Brasil Ltda. - Nespresso Business Unit Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117 "
Nestlé Brasil Ltda. - Nespresso Business Unit Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117
1. Pledge of Privacy
Nespresso does not collect or process personal identification data such as name, address, telephone/fax number, and e-mail unless you wish to provide them. We guarantee our team complies with strict security and confidentiality standards and when we process your data we ensure we are in full compliance with internationally recognized standards of privacy protection.
2. Intended use of Data
Nespresso collects and processes data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use data to provide you with our products or services, to bill you for products or services you request, to verify your credit, and to inform you about products and services which we believe might be of interest to you. We may also use your data to assess the efficiency of our products and services and then improve them by analyzing the products and services you are most interested in as well as purchase trends. By submitting your data, you expressly consent to such use. Nespresso keeps your data only as long as it is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. After that period, your personal information will be deleted from all systems of the Nespresso Group. Some of our services require registration to be used and, when registering, you will have to fill in mandatory and optional fields and you will also be able to choose a user for access (email) and a password. If you refuse to provide any of the requested data, you will not have access to certain areas of our website and mobile application and for that reason we possibly may not answer your questions. Additionally, Nespresso uses search technology by means of cookies in order to collect personal information such as the type of browser and the operating system you have in your computer, reference page, your way through the website, ISP domain, etc. in order to better understand how visitors use this website so that we can determine the profile of those who visit the website and improve our services, products, content, and ensure the best offers and promotion. Nespresso also keeps all information gathered through cookies in a format that prevents personal identification. This information will not be disclosed outside of the Nespresso Group or to the third parties designated by us and will not be used for unsolicited communications. In addition to your IP (Internet Protocol) address, the cookies in your computer do not have your name. After the end of the session, the information in the cookies will no longer be available to Nespresso. It is worth saying that your data is registered by Nespresso in an automated way and therefore no human intervention is needed. We recommend you make sure that your computer settings reflect your position for accepting or declining cookies. Your browser has features that may warn you before accepting the receipt of cookies or you may simply set it to decline them, despite the fact that you may not have access to all features of this website if you do so. Remember that if you use different computers at different places, it will be necessary to ensure that each of your browsers is set to reflect your preferences with respect to cookies.
3. Non Disclosure of Information
We undertake to take all possible and applicable measures in order not to allow that your data is viewed by third parties in addition to those that work for in on behalf of Nespresso and that have agreed to use your data in a confidential and secure manner. Access to data is limited to our employees, who are trained to follow strict confidentiality standards, on a need to know basis. Nespresso will never sell, rent, share, distribute or make available your data to third parties that do not belong to the Nespresso Group, except for government agencies and legal authorities in case we are required to do so in order to comply with the applicable law; or in accordance with our criteria in good faith, such disclosure becomes reasonably necessary for complying with legal proceedings; in response to any actions or legal claims; or for the purposes of protecting the rights of Nespresso Group, its customers or the public in general. Nespresso requires its partner companies and service providers to guarantee the protection and privacy of the data referred to in this policy in cases when such data needs to be shared. In order to ensure the security and confidentiality of the data Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection.
4. Right of Access
You have the right to access and update your data or to require its deletion. We endeavor to ensure that your data is up to date, accurate and complete. If you wish to access, correct or delete the data we keep, please contact Nespresso at the following address: click here. Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your data to one of its databases or to companies of the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and therefore to its international transmission.
Spam is unsolicited email, usually of commercial nature, sent in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. Nespresso does not send spam. We inform Nespresso Club Members about the release of products, offers, services and benefits, as we believe these are of interest to you. However, Nespresso will not use your personal information (or your email) for direct marketing or to send communications unless you EXPRESSLY authorize us to do so. That condition is known as “Opt-in.” Such communications sent by e-mail mandatorily offer the option to cancel the sending of this type of message by Nespresso, which can also be requested through other service channels such as chat, toll free number 0800 7777 737 or via the Contact Us email form. Your request will be met within the minimum time required for execution. "
1. Applicability of Conditions of Sale
1.1 Every order placed with Nestlé Brasil Ltda. - Nespresso Business Unit or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the 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, these conditions of sale.
1.3 Nespresso reserves the right to modify, at any time, these Conditions of Sale by posting a new version with the respective date. By placing an order after a new version of the Conditions of Sale has been posted by Nespresso, you agree with the updated version.
2.1 When registering on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about any changes of address or about other changes by updating your personal information on this website as soon as possible.
3.1 When registering to use this website, you will be requested to create a password. This password is strictly confidential and should not be disclosed or shared with anyone.
3.2 You are fully responsible for the use of your password and for 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 change it through our website or 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 Conditions of Sale.
4.2 The orders placed with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website according to the limits available on its stocks.
5. Order Confirmations
5.1 Orders placed on this website will not constitute a binding contract unless and until Nespresso sends a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, mainly in relation to creditworthiness or unpaid invoices. Before credit is approved by the credit card issuer, the information provided on the order may, for user safety purposes, go under an internal analysis and is subject to confirmation. Such confirmation may occur through a telephone call or by email. The delivery term then is taken only after analysis and order approval.
5.3 The date registered by Nespresso is a full evidence of the order and the entire transaction. The date registered by the payment system is a full evidence of the financial transactions.
6.1 The prices payable for the ordered items are those displayed on this website on the date the order is placed plus taxes. Delivery charges are not included. The amounts are informed in Reais through the international acronym BRL. We emphasize that the acronym BRL refers to the official acronym of the aforementioned currency used in Brazil.
6.2 Delivery taxes will be charged in accordance with the fees informed on this website on the date of order, calculated mainly according to the volume of order and delivery method that has been chosen.
6.3 Nespresso reserves the right to change its prices and delivery fees at any time and to terminate an agreement in case of spelling, printing or calculations mistakes.
7.1 All orders confirmed by Nespresso will be delivered to the address informed at the moment when the order was placed, unless the user requests a change before processing and shipping. In accordance with the regulations of the Brazilian Department of Finance, orders placed by legal entities may only be delivered to the addresses registered with the Brazilian Revenue Office, according to the CNPJ (National Register of Corporate Taxpayers)
7.2 Nespresso does its utmost to ensure products are delivered within two business days after the payment of an order is confirmed. However, the delivery term may vary according to the region. Please click here for more information on the delivery terms for each state.
8. Verification of Merchandise
8.1 It is your responsibility to verify the quantity and conditions of the merchandise at the moment of delivery.
8.2 In case you notice damages or missing items, you must notify Nespresso within 30 days after delivery. Nespresso shall provide you with identical replacement merchandise.
9.1 You have the right to return any merchandise that does not meet your expectations within 07 days after order is received.
9.2 In case of manufacturing defects, you have the right to return or change the merchandise within 30 days from receipt. 9.3 Nespresso will accept returns of merchandise only if they are in their original conditions and packages and together with the original purchase invoice.
9.4 When return is duly completed, Nespresso shall reimburse the amount of the returned merchandise and delivery fees within 30 days after receipt. The shipping costs of the returned merchandise shall be paid by Nespresso, which will send it to a partner carrier at the address where the collection is supposed to be made.
10.1 Payment by credit card is immediately due and payable. The information on your credit card will be encrypted for security purposes.
10.2 Early payment by bank slip shall be made within 03 business days. The order is shipped only after Nespresso identifies the payment.
10.3 Payment by invoiced bank slip, after merchandise is delivered shall be fully made within the established term.
11. Late Payment
11.1 In the event of late payment, interest on the owed balance as well as any administrative and legal collection costs will be charged.
11.2 Nespresso reserves the right to refuse any new order until full payment of any owed balance is made.
12. Machine Warranty
12.1 Machines purchased on this website have one-year warranty from the purchase date. After that term, technical assistance services will be charged according to the machine model. This service may have its price changed without prior notice and you should check it by contacting Nespresso Club by e-mail or telephone.
13. After-Sales Service
13.1 If you find any problems or have any questions regarding the functioning, maintenance or after-sales service of your machine, please contact Nespresso Club by telephone for advice and technical assistance: 0800 7777 737 (Toll free number, 24 hours a day, 7 days a week).
13.2 If the problem with your machine cannot be solved by telephone, Nespresso will suggest repair at its Repair Centers. Please contact Nespresso Club by telephone for detailed information.
14. Limitation of Liability
14.1 The images and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be held liable in case of errors or omissions in the images or texts displayed on this website.
14.2 Without limiting the scope of these Conditions of Sale, no claim of any type, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products with respect to which damages are claimed.
15. Force Majeure
15.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held liable for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that may make impracticable the production, transportation or delivery of products.
16. Applicable Law These Conditions of Sales are governed by the Brazilian laws.
Nestlé Brasil Ltda. - Nespresso Business Unit Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117
1. Scope & application
1.1 Nestlé Nespresso SA, 246 Doutor Chucri Zaidan Avenue, 22nd Floor – São Paulo/ Brazil (“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 will be issued for entries. 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 a prize is awarded, 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 e-mail (“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) E-mail 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.
Nestlé Brasil Ltda. - Nespresso Business Unit.
Nestlé Brasil Ltda.
Unidade de Negócios Nespresso
Avenida Doutor Chucri Zaidan, 246, 22º Andar
Vila Cordeiro / São Paulo-SP
CNPJ: 60.409.075/0126-73 - IE: 149.614.769.117