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 licence 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 PROVIDED 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 IN 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, tis equipment or other property due to your access to, use or downloading of any material from Nespresso's 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.
Nespresso Consumer Privacy Notice
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:
1. SOURCES OF INFORMATION
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. COOKIES AND BEACONS
4. USES MADE OF YOUR INFORMATION
5. DISCLOSURE OF YOUR INFORMATION
6. STORAGE AND/OR TRANSFER OF YOUR INFORMATION
7. ACCESS TO YOUR INFORMATION
8. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
9. CHANGES TO OUR NOTICE
This notice may change from time to time (See CHANGES TO OUR POLICY). Your continued use of the Nespresso Websites after we make changes is deemed to be acceptance of those changes, so please check the policy notice periodically for updates.
[For the purpose of the [Swiss Federal Act on Data Protection (status as of 1 January 2014) EDIT WITH NAME OF APPLICABLE DATA PROTECTION LAW] (the Law), the data controller is [Nestlé Nespresso S.A, 40 avenue de Rhodanie, 1007 Lausanne, Switzerland.COMPANY NAME] of [ADDRESS]].
SCOPE OF THIS NOTICE
This privacy notice (“Notice”) describes the types of information [COMPANY NAME Nestlé Nespresso SA] (“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 Policy 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).
1. SOURCES OF INFORMATION
This Notice applies to information we collect from or about our consumers, through the methods described below (INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT), 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.
Email, 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 centre 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. [EDIT WITH ALL RELEVANT SOURCES]
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
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, address, e-mail address or phone number.
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), favourite 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 feedback: this includes information that you voluntarily share with us about your experience in using our products and services
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 the use of Facebook apps . 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 and financial 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 regulations such as PCI DSS.
3. COOKIES AND BEACONS
We may collect information through automated technologies (such as cookies and web beacons) that collect and remember certain account login information, technical computer information and/or previous website usage information.
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.).
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.
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 email 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 personalisation.
4. USES MADE OF YOUR INFORMATION
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, assessing customer’s credit score for the purposes of fraud protection and credit risk reduction, 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.
For detailed information on how to modify your preferences about marketing communication, please see sections 8 and 9 below.
Third party social networking: we may use your information when you interact with third party social networking features such as ”Like" functions.. You can learn more about how these features work and the profile data we may obtain about youby visiting the relevant sections of the third party social networks.
Website improvement and personalisation: we may use your information to improve and personalise 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.
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.
5. DISCLOSURE OF YOUR INFORMATION
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.
6. STORAGE AND/OR TRANSFER OF YOUR INFORMATION
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 unauthorised 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, however there will be no commercial explotation once your account is deleted.
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 Switzerland as well as processed by staff operating in said territory. By accepting the terms of this Policy, you agree to such transfer, storing and/or processing.
7. ACCESS TO YOUR INFORMATION
Access to information: the Law gives you the right to access information held about you, the origin of this data and any communication done or planned.
Modification of information: you may also have your personal information deleted, corrected or revised. 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 unauthorised access to your account.
Notwithstanding the foregoing, you may also access, modify or erase your data, as well as opt-out to any purpose of having your data processed in any way by writing to Nespresso Club Route du Lac 3, 1094 Paudex or by sending your request through our contact form.
8. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
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 COOKIES AND BEACONS 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 ticking 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 unticking 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.
9. CHANGES TO OUR NOTICE
If we change the way we handle your information, we will update this Policy. We reserve the right to make changes to our practices and this Policy at any time. Any changes we may make to our Policy in the future will be posted on our Websites. Please check back frequently to see any updates or changes to our Policy.
To ask questions or comment about this Notice and our privacy practices, contact us by Mail at Nespresso Club, Route du Lac 3, 1094 Paudex, by sending your request through our contact form or contact us at our CRC: Toll free number 0800 55 52 53.
Our nominated representative for the purpose of the Law is Nestlé Nespresso S.A, Avenue de Rhodanie 40, 1007 Lausanne, Suisse.
- Conditions of Sale
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 email.
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 the eventof 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 arrive 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 replace the item(s), with identical 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 receipt 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 only. Nespresso shall not be liable in the event 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 fulfil 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.
- Nespresso International Competitions & Promotions General Rules
1. Scope & application
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.
2.1 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 residing 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 the prize's return. 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 email, as provided with their entry, but shall have no responsibility for any failed communications or errors they are 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, email 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.
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