1. Acceptance and modification of the Conditions of Use
1.1 Your access and your use of the web sites (“Sites”) of Nestlé Nespresso S.A. (“Nespresso”), including all the companies affiliated with Nespresso, are governed by these Conditions of Use (“Conditions of Use”). Through your access, browsing and use of our Sites, you acknowledge that you have read, understood and unconditionally accepted the Conditions of Use, which we will modify from time to time.
1.2 If we decide to amend our Conditions of Use, we will upload the new version on our Sites. We therefore invite you to consult these Conditions of Use from time to time, in order to be aware of any modifications.
2. Copyright and intellectual property
2.1 The content of our Sites, including, but not limited to, the texts, trademarks, logos, graphics, photographs, videos, sounds, music, page layouts, designs, know-how, technologies, and products and processes, are the property of Nespresso or of its affiliated companies or are used with the authorisation of the owners and are therefore protected by their copyrights, trademark, patent and any other intellectual or industrial property rights they are acknowledged to own, in accordance with the laws in force.
2.2 Excepting for that which is stipulated in Article 3 below, no element of our Sites can be construed as granting any licence or right to use an element presented on these same Sites.
3. Use of the Sites
3.1 You are authorised to download, present or print the content of our Sites solely for personal, non-commercial use, insofar as you record and reproduce any copyright notices or other intellectual property notices, included in the information or any other material that you download. Any other use, including the reproduction, modification, distribution, transmission or dissemination of the elements of the Sites, in full or in part, and by any means, is formally prohibited, without Nespresso’s prior written consent.
3.2 Nespresso does not warrant that your use of an element presented on its Sites will not violate any right held by a third-party.
4. Information considered non-confidential
4.1 All the data and information that could potentially identify you personally and that you transmit via the Internet to our Sites are protected and processed in accordance with our Confidentiality Policy (link). We invite you to read this Confidentiality Policy carefully, prior to entrusting us with your data and information that could potentially identify you personally.
4.2 Any other information or material that you communicate via the Internet to Nespresso, by email or by any other means, including dates, questions, comments, suggestions, ideas, graphics, etc., shall not be treated as confidential or proprietary. Everything that you transmit or upload shall become the property of Nespresso and can be used without restriction for any purpose whatsoever, including but not limited to, being reproduced, disclosed, transmitted, published, disseminated and uploaded. Specifically, Nespresso shall be free to use all the ideas, concepts, know-how or techniques included in your communications that you send to its Sites for any purpose, including, but not limited to, the development, manufacture, advertising and commercialisation of products using such information. Any use of such information communicated by you will not be remunerated to you or to a third party.
4.3 By transmitting information, you warrant that the content material transmitted is your property, that it is not defamatory, and that its use by Nespresso will not violate any right of a third-party. Nespresso shall not be required to use the information transmitted.
5. Disclaimer of warranties
5.1 WITHOUT LIMITING THE SCOPE OF ARTICLE 6 BELOW, ANY MATERIAL, INFORMATION AND EVERYTHING THAT YOU FIND ON THE SITES ARE PROVIDED “AS IS”, BASED ON THEIR AVAILABILITY, AND WITHOUT ANY GUARANTEE OF ANY TYPE, WHETHER EXPLICIT OR IMPLICIT, INCLUDING, AMONG OTHERS, THE IMPLICIT GUARANTEE OF MERCHANTABILITY OR APPROPRIATENESS FOR A SPECIFIC PURPOSE.
5.2 Nespresso DOES NOT WARRANT THAT ITS SITES OR THEIR CONTENT WILL SATISFY YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR FREE OF ANY ERRORS.
5.3 AS NOT ALL JURISDICTIONS RECOGNISE CERTAIN WARRANTY LIMITATIONS, IT IS POSSIBLE THAT SEVERAL OF THE ABOVE-MENTIONED EXCLUSIONS DO NOT APPLY TO YOU.
5.4 Any advice or information obtained from Nespresso in written or oral form, by or during the use of the services made available on the Sites, shall not give rise to the right to any warranty that is not expressly mentioned in these Conditions of Use.
6. Limitation of liability
6.1 You access, use and browse on our Sites at your own risk.
6.2 YOU ACKNOWLEDGE AND ACCEPT THAT, TO THE FULL EXTENT ALLOWED BY THE APPLICABLE REGULATIONS, Nespresso, ITS AFFILIATES AND THE COMPANIES, THAT PARTICIPATED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SITES, SHALL NOT BE HELD LIABLE FOR THE DIRECT, INDIRECT OR FORTUITOUS DAMAGES OR FOR THE REPARATION OF A NON-PECUNIARY LOSS, COSTS, LOSSES, FALL IN TURNOVER OR PROFITS, OR LIABILITIES OF ANY TYPE WHATSOEVER (INCLUDING IF THE REALISATION OF SUCH A LOSS WAS KNOWN OR COULD HAVE BEEN FORESEEN BY Nespresso), THAT CAN OCCUR FROM THE USE OF, OR, ON THE CONTRARY, THE INABILITY TO USE, THE SITES OR THEIR CONTENT.
6.3 ALL MATERIALS DOWNLOADED OR OBTAINED IN ANY OTHER MANNER DURING THE USE OF OUR SITES ARE AT YOUR RISK. Nespresso does not assume any liability for damage or a virus that could affect your computer or your computer equipment following access or a use of the Sites or downloading elements from the Sites or for unlawful interventions in the computer systems.
6.4 Nespresso reserves the right to interrupt or suspend all or some of the functions of its Sites. Nespresso does not accept any liability of any type whatsoever for any interruption or suspension of all or certain functions of its Sites resulting from actions or omissions by Nespresso or a third-party.
7. Modification of information
The content of our Sites may include inaccuracies or errors. Nespresso reserves the right, at any time and without notice, to modify, correct or improve this content, but cannot be considered as being responsible for so.
8. Availability of products / services
Our Sites can include information on Nespresso's global products and services, not all of which will be available in all places. A reference to a Nespresso product or service in its Sites does not mean that it will be available where you are located.
9.1 As a service rendered to our visitors, our Sites can contain hypertext links to other Internet sites that are not operated or controlled by Nespresso. Nespresso cannot be considered as being responsible for these sites and declines all liability concerning their content, legality, accuracy or function.
9.2 Any creation of hyperlinks with our Sites is prohibited, without Nespresso's prior written consent.
10.1 These Conditions of Use constitute the entire agreement entered into between Nespresso and you as regards the access and use of the Sites and their content. All other provisions issued by Nespresso to govern its relations with you concerning, in particular, a service or the purchase of a product supplement the Conditions of Use; in the event of a conflict between them, priority is given to the other provisions.
10.2 If Nespresso tolerates a breach by you of one of the obligations stipulated in the Conditions of Use, or does not apply a given right that is recognised to it by these Conditions of Use or by the law, this shall not, under any circumstances, be construed as a relinquishment of invoking its rights.
10.3 In the event that one of the provisions of the Conditions of Use is considered illegal by a law or a regulation, whether present or future, or by a court decision, the provision in question shall be deemed unwritten, and all the other provisions of the Conditions of Use shall continue to be binding between you and Nespresso.
10.4 The heading of the Conditions of Use articles is only indicative and cannot alter or modify the terms in any manner whatsoever.
© 2003 Nestlé Nespresso S.A. All rights reserved.
We thank you for your visit to our site and we hope that you will appreciate learning more about Nestlé, its products and its brands.
Nestlé respects your right to privacy in the area of online communications when you use our Websites and communicate with us electronically. We take every measure needed to ensure the security of the personal data you transmit to us.
We describe below the data protection principles applied by Nestlé in France, governing the use of the Internet and other electronic communications networks. These principles apply to all processing of the data of the various companies belonging to the Nestlé group in France.
Nespresso France SAS is responsible for the processing of your personal data for the site http://www.nespresso.com.
We have reflected on a number of essential questions concerning the personal data you entrust to Nestlé to which, in our opinion, you would like an answer. The answers will inform you of your rights concerning the personal data that you transmit and with respect to the measures taken by Nestlé to ensure its confidentiality and security. We hope that you will find this information useful.
For any question concerning your personal data or the method used to process it, please contact Nespresso France SAS at the address indicated below in Question 4.
Q1 What personal data does Nestlé collect through this site and how does it do this?
R We only collect the personal data that YOU are willing to communicate to us and that we need in order to offer you our services and to improve them. We collect direct personal data, such as the name, address and email address, as well as indirect data, such as cookies and data associated with the connection and systems.
You will communicate to us your email address, your name, your telephone number, etc., in order to receive further information on our products, to participate in our contests and our surveys, or simply, to be notified of the most recent news concerning our brands.
We also keep the data that you communicate to us concerning the nature of your orders, in order more effectively to adapt our selections or our recommendations to your preferences or needs.
We warrant to you that Nestlé takes every measure required in order to preserve the confidentiality and security of the personal data that you transmit to us.
Q2 How do the Nestlé group companies in France ensure the security of my personal data?
R Nestlé takes every measure required to preserve the confidentiality and security of your personal data. These data can only be consulted by the employees of the Nestlé group in France, the personnel of the subcontractor companies (suppliers of hosting services), or the authorised employees of our business partners (who have undertaken contractually to preserve the security of all information). All employees of Nestlé in France who have access to your personal data are bound to comply with the Nestlé policy on the protection of personal data and all our sub-contractors’ employees who have access to these data are similarly bound. In addition, a contract has been entered into with the sub-contractor companies that have access to your personal data, so as to ensure the security of these data. To ensure the protection of your personal data, Nestlé maintains a secure computer environment and applies appropriate measures to prevent unauthorised access (hacking).
See question 3: "Does Nestlé disclose my personal data and why?"
Q3 Does Nestlé disclose my personal data and why?
R Nestlé will never share your personal data with any third-party (outside the Nestlé Group), that could potentially use it for the purposes of direct response advertising, unless you have expressly authorised us to do so.
Please refer to questions 4 and 7 regarding Nestlé's policy on (1) direct response advertising by email, (2) your right to ask Nestlé at any time NOT TO contact you by direct response advertising email and (3) your right to the rectification or deletion of your personal information in our files.
The Nestlé company responsible for data processing can communicate your personal data to other companies belonging to the Nestlé Group. You can also send your personal data to third parties, for example :
We may transmit your personal data to third parties (in particular to our hosting providers) who help us to manage our site. Certain of these third parties may be located outside France. Please refer to question 5 - "To which country will my personal data be sent and why?” Regardless of the circumstances, these third parties must ensure at all times the same level of security of your personal information as provided by Nestlé France and, if applicable, they are bound by a contract, enforceable by law, to preserve the confidentiality and security of your personal information and to process this information only in accordance with the specific instructions of Nespresso France SAS.
We may also communicate your personal information to official entities or agencies, if: we are required to do so by law, or if we believe, in the best possible faith, that such an action is reasonably necessary within the scope of legal proceedings; to respond to any complaint or legal action; or to protect the rights of the Nestlé group or those of its clients and consumers.
In exceptional circumstances we may communicate your personal information to potential purchasers of a Nestlé business. In this case, we shall obtain contractual assurance that this information will be kept confidential and secure under conditions consistent with applicable local laws.
Q4 How can I ascertain, verify, modify or delete the personal data that I have communicated?
R You have the right to ask the Nestlé group companies in France to provide you with all the information they keep on you. You can also ask for your personal data to be deleted, modified or corrected, by sending:
• a letter to:
Nespresso France SAS
Service Données Personnelles
1 Boulevard Pasteur
• by calling our Customer Service Department, on 0800 55 52 53 (free call if made from a fixed line)
• by email, in the “Contact” section on http://www.nespresso.com
Notwithstanding the foregoing, for any deletion of your personal data, we will ask you to send us a mail with a copy of your proof of identity to the following address: Service Informatique et Libertés - 1 Boulevard Pasteur - 75015 PARIS
Q5 To which countries will my personal data be sent and why?
R Nestlé is an international group and your personal data may be transferred abroad, in particular, to companies of the group located in different countries. This may be to countries that have laws that ensure a level of data protection that differs from the level ensured by the laws of the country in which you communicate this data. Nestlé takes appropriate measures to maintain the security of personal information during the transfer and at the time of receipt of this information.
The servers that enable the sites of our brands to operate can be located outside the country from which you access them. Our main hosting provider is located in the United States (except for Nespresso France SAS, whose hosting company is located in Switzerland). This provider is bound by a contract that ensures a high level of confidentiality of data protection and requires (among other clauses) that it will only act on the instructions of Nestlé and that it will continuously implement all the necessary technical measures to maintain the security of personal data.
The server that provides access to the site http://www.nespresso.com is located in Switzerland. Our hosting services provider is bound by a contract that provides for this same high level of personal data protection.
Q6 COOKIES (Tracking technique) – How and why does Nestlé use these?
R Nestlé uses "cookies" tracking technology to collect information such as the type of browser and operating system, reference page, path followed on the site, the name of the Internet access supplier, etc., in order to gain a better understanding of our visitors and their use of our site. Cookies help us to modify our site based on your needs.
Nestlé keeps the information collected by cookies in a format that does not enable personal identification. This type of information will not be disclosed outside the Nestlé group. It will not be used for unsolicited communications.
The cookies registered on your computer do not contain the name, but rather, an IP address. Once the user session has been interrupted, the information contained in the cookies is no longer available to Nestlé.
We recommend that you ensure that your computer asks you whether or not you wish to accept cookies. You can configure your computer in order for it to notify you prior to accepting cookies, or you can simply reject these. If you do so, you will not be able to have access to all the functionalities of the sites for which you rejected these. You do not need cookies to browse through most of this site or the other Nestlé sites. Remember that if you use different computers in different places you must ensure that each browser is suitably configured to reflect your preferences for cookies.
Q7 Electronic marketing - What is SPAM and what is Nestlé's position on this point?
R SPAM is defined as the sending of emails that contain advertising or commercial information without your consent.
Nestlé does not send SPAM emails; moreover, we use anti-SPAM tools to protect our employees. Sending emails without peoples’ consent is illegal in France (the French Act 2004-575 of 21 June 2004, “Trust in the Digital Economy”/ “Pour la Confiance dans l ‘Economie Numérique"). Nestlé will not use your personal data (including your email address) for direct marketing communications or for other purposes, unless you have given us your express permission to do so. This is what is called an OPT-IN consent (save for a legal derogation for the use of Op-Out).
Nestlé does not share your personal information with an outside company that could use it for SPAM emails.
The Nestlé sites enable you to receive information from our company by email. Each email sent by Nestlé offers you the option to stop the sending of these emails at any time.
If you think that you have received a SPAM email from Nestlé, please inform us of this immediately at the following address: http://www.nespresso.com, in the “Contact” section.
Q8 For how long are my personal data kept?
R We remind you that you have the right to have your personal data deleted at any time. Please refer to question 4 – “How can I ascertain, verify, modify or delete the personal data that I have communicated?”
If you have not requested the deletion of your personal data from our servers, Nestlé can keep the personal data that you have communicated to us via our website in its database. Your personal data will be kept only for the time that is reasonably necessary to reply to a question, resolve problems, supply new services, or improve existing services and to satisfy applicable legal requests. This means that we can keep your personal data for some time after you have ceased using a Nestlé service or the Internet site. Thereafter, your personal data will be deleted from all the Nestlé databases.
Q9 What is Nestlé's policy on children using and communicating with our Internet sites?
R We believe that it is extremely important to protect the privacy of children accessing the Internet and we encourage parents or guardians to spend time with them in order to participate in and manage their online activities.
We do not intentionally collect the personal data of children below the age of 13, except as regards our Websites intended for children of this age. Personal data are registered on these sites in accordance with laws and regulations in force. If parents or guardians give their consent for the child to provide his or her personal data, we will only ask what is necessary in order for the child to participate in the programme for which (s)he is registering.
Internet Sites designed for children
Message for children under the age of 18
If you are under the age of 18, we advise you to speak with your parents or guardian BEFORE providing personal information on the Nestlé sites. If you are not sure you have understood everything on this page, you should ask one of your parents or guardian to help you.
Message to the parents of children below the age of 18
We recommend that parents and guardians regularly check and supervise their children’s use of email, as well as all their other online activities.
Make sure that your children do not provide your personal data on the Internet without having requested your authorisation.
Any person aged under 18 will be asked to provide the email address of his or her parents or guardian. This will enable us to send them a copy of any email that will be sent to the child.
You can verify, modify or delete your child’s personal data at any time. You can also request the deletion of the data concerning your children by sending the request by email/letter/fax to the address given in the contacts indicated in question 4-"How can I ascertain, verify, modify or delete the personal data that I have communicated?"
Q10 Does Nestlé create links to other sites (outside Nestlé) and in this case, what happens to my personal data?
R Nestlé creates links to other sites to give you the option of obtaining interesting information that is often related to Nestlé. These sites are not under our control and are not covered by our personal data processing policy. If you go to other sites by using these links, the persons responsible for these sites can request your personal data. Make sure that their personal data protection policy is acceptable to you prior to providing any personal information. To the full extent possible we attempt to ensure that the sites to which we link have equivalent protection measures, although we cannot provide a guarantee regarding their activities, and their personal data protection policy.
Q11 What happens to my personal data when I send an email from Nestlé to someone else?
R Certain of our Websites can offer you the option to send the address of a Web page by email to another person. In order for this function to be activated, it is possible that we will have to obtain your email address or the email addresses of the persons to whom you wish to send the Web page. The email addresses obtained in this way are only used in order to reply to your request. They are not stored and are deleted immediately after your request has been satisfied.
Q12 What happens to my personal data if I participate in an online survey organised by Nestlé on its site?
R From time to time, we can ask visitors to our Websites to respond to a survey. In general, these surveys concern the content of the Website, our products, or product categories. It is possible that we may ask you for your age or for your age bracket, your gender, as well as other information that cannot be used to identify you. For these surveys, we may add to your answers the information obtained via cookies, although you will not be asked to provide any information enabling you to be identified. The personal data collected are not associated with the personal data that you may have already supplied to us. The personal data collected during online surveys and studies are reserved for Nestlé's internal use, although the overall information collected (without identifying the person) may be shared with other companies.
Q13 What is the single registration?
R In order to facilitate the registration process, we use a single registration tool on many Nestlé websites. With this tool, when you register, the information that you have communicated to us can be automatically included in other Nestlé Websites. Your personal data are protected and in all instances we ask you, prior to adding your name to a mailing list, for your express or "active" (OPT-IN) consent to send you information on the Websites of the Nestlé group companies in France, other than the Nestlé company responsible for this site’s data processing. Please refer to question 16 – “Which terms have a legal meaning in this personal data protection policy?"
Q14 Can Nestlé modify the conditions of this personal data protection policy?
R Nestlé may occasionally make modifications and corrections to this personal data protection policy. Please consult this Policy on a regular basis in order to be informed of the modifications made and how this may concern you.
Q15 What is the address at which I can contact Nestlé if I have other questions concerning my personal data?
R The contact information is as follows:
• by email:
Nespresso France SAS
Service Données Personnelles
1 Boulevard Pasteur
• by calling our Customer Service Department, on 0800 55 52 53 (free call from a fixed phone line)
• by email, in the “Contact” section, on http://www.nespresso.com.
Q16 Which terms have a legal meaning in this personal data protection policy?
R "Personal data" (or personal information) means all data concerning you personally, associated with information that directly or indirectly makes it possible to identify you (for example, your email address)".
"Personal data processing" means any operation or group of operations applied to your data, regardless of the process used, in particular, the collection, registration, organisation, holding, adaptation or modification, extraction, consultation, use, communication by transmission, dissemination or making available in any other form of, linking (whether or not automated), as well as the restriction of access, or deletion or destruction.
"The person or entity responsible for data processing" is the person or entity that, whether alone or jointly, determines the purposes and resources concerning the processing of your personal data (for example, Nespresso France SAS, which supplies data and content to this site http://www.nespresso.com and collects your personal data)
"Third parties": for the purposes of this Policy, this is understood as any company that does not belong to the Nestlé group, whether directly or indirectly.
"Nestlé" and "Nestlé Group", in this Policy, refer to Nestlé S.A. and to all its affiliated companies (over which Nestlé S.A has influence, through direct or indirect ownership), as the case may be, including Nespresso France SAS and all the companies constituting the Nestlé group in France.
Q17 IMPORTANT - Why must I accept the conditions of this Nestlé personal data protection Policy?
R Nestlé is an international group that uses the Internet and, in certain cases, collects and registers your personal data. This implies the processing and transmission of your personal data beyond the borders of France.
This document gives you all the information that is necessary (in a format that is easy to access and read) to enable you to make an informed choice as to whether or not to use this site, and whether or not to communicate your personal data to Nestlé.
Accordingly, by visiting this site and communicating electronically with us, you agree that we can use indirect personal data (cookies, connection information) as described in this document.
If you ask us to provide you with a certain service (competitions, newsletter, information on our new products, etc.) we will need direct personal data (name, postal address and email address). In this case, we will ask you for your express consent to collect and use this data. These personal data shall only be used for the purpose for which you gave them to us.
If you wish to obtain additional information concerning this Policy, please contact us at the addresses mentioned in Question 4. It will be our pleasure to help you and to reply to any other questions that you may have.
(Updated on 18 March 2010)
The following are governed by these standard terms of sale: all orders placed by individuals with Nespresso France (a simplified joint stock company [SAS] having share capital of €1,360,000.00, registered on the Paris Companies Register under No. B 382 597 821), in a store or remotely (letter, telephone, fax or the Internet), concerning the machines belonging to the Nespresso Classic line, as well as their consumables and accessories dedicated to this line (jointly referred to as “the Products”). An individual is a natural person who uses the Products for his or her own personal needs and those of his/her family and friends.
A. PROVISIONS COMMON TO ALL SALES
1.1 The Products are offered for sale within the limits of available stocks.
1.2 The minimum quantity per order of coffee in a store is set at one case of 10 capsules.
1.3 Nespresso retains ownership of the Products delivered until full payment of the invoices and it reserves the right to suspend delivery in the event of a late payment, until the entire amount owed has been paid.
1.4 Nespresso reserves the right to reject an order or to demand advance payment, in the case of an overdue invoice or insolvency.
2. Right to return (withdrawal)
2.1 Regardless of the distribution channel used, you have 14 days from the receipt of the Product in which to notify us of your wish to return it to us if it does not suit you, and then 14 days as of this notification to return it, without the need to indicate the reason for the return.
2.2 As a health and safety measure, only the following Products will be taken back: products that have not been used, that are properly protected, in their original packaging, intact and in perfect condition, in condition to be resold, accompanied by any accessories, user manuals and documentation, as well as the corresponding invoice. These conditions are cumulative.
2.3 Subject to the above, Nespresso will reimburse you by bank transfer for the price of the Products returned and the dispatching expenses invoiced (on the basis of standard delivery expenses), if these have already been paid, within 14 days following the date on which you exercise your right of return. You must pay return carriage.
3. Price, invoicing and payment
3.1 For any information concerning the prices of the Products, their characteristics and carriage costs, you can contact the Nespresso stores and ask us questions by mail, by telephone, or via the Nespresso site, on the numbers and at the addresses mentioned Article B.2 below.
3.2 The invoiced prices, which include all taxes but not delivery costs, corresponding to the Products that you order, are those in force on the date of the purchase, if the latter takes place in a store, or on the date of the transmission of the order, in the case of a remote sale . Invoices are payable at the time of purchase.
3.3 In the event that the amounts due are not paid by the due date, a contractual late payment compensation of 10% of the amount of the sums due shall be demanded, with a minimum of €15 per amount owed. This compensation may not exceed €40, regardless of the total amount still due.
4. Delivery costs
Costs for delivery in metropolitan France are those in force on the date of the transmission of the order, as these appear on the rates applicable on this date. Unless otherwise indicated, they shall be paid by you and included separately in the invoice. With respect to capsules, the fixed delivery fee is valid for a dispatch of up to 500 capsules per dispatch. Above this figure, Nespresso will send you an estimate. In the case of delivery outside metropolitan France, as the importer, you are liable for paying all customs duties, taxes or other expenses levied at the time of the arrival of the goods.
5. Delivery conditions
Nespresso will endeavour to make its deliveries in metropolitan France within 2 working days of receipt of the order, to the address of your choice, or to one of the drop-off points available during the business hours of the merchant selected. Nespresso offers a quick delivery option, in 24 hours (on business days) by special dispatch or by courier in certain areas in metropolitan France and during certain time slots, subject to the payment of an additional fee. You may be asked for proof of your identity. If you ask for a delivery method that is different from the one used normally by Nespresso, you will be invoiced for the additional cost. The risks of loss or damage to the Products are transferred to you at the time of delivery.
6. Inspection of the Products
It will be your responsibility to verify the number and condition of the Products at the time these are received, and, in the event of damaged or missing items, to express the customary reservations to the carrier and to inform Nespresso of these reservations, within 7 days of receipt (in which case you must keep the invoice and the signed delivery slip). Nespresso will then send you identical replacement products or it will reimburse you.
7. Maintenance and after sales service
You are responsible for the standard maintenance and cleaning of the machine. Given the technical characteristics of the machines and for reasons of safety, repairs must only be performed by the manufacturer’s after sales service personnel, in accordance with the conditions specific to each machine. Accordingly, the manufacturer and Nespresso shall be released from any liability in the event of a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
The availability of the spare parts planned for a machine that can be repaired is 5 years from its date of manufacture (information mentioned on the identification plate).
8. Warranty covering the machines
The machines are covered by the manufacturer’s warranty in accordance with the conditions transmitted at the time of the purchase, without prejudice, however, to the legal warranty covering hidden defects, as stipulated by Articles 1641 to 1649 of the French Civil Code [Code Civil], stipulating, notably, that "The seller is bound by the warranty for hidden defects of the object sold that render the object unfit for its intended use, or that reduce this use to such an extent that the buyer would not have acquired it, or would only have acquired it at a lower price, if it had been aware of the same," and the legal warranty of conformity provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Code of Consumption [Code de la Consommation ], stipulating, notably, that "The seller is required to sell a product that conforms to the contract and to remedy any non-conformities existing at the time of delivery. In order to comply with the contract, the product must be fit for the use normally expected of a similar product. The action resulting from the non-conformity is limited to two years from the delivery of the product good."
9. Data protection guarantee
9.1 Nespresso shall refrain from transferring your personal data or from making them available to third parties in any form whatsoever, with the exception of the Nestlé Group companies, its sub-contractors, and its suppliers of satisfaction surveys, who will use these data occasionally and confidentially. These data are handled by Nespresso in strict conformity with applicable laws and with its personal data protection policy, as it is published on the site www.nespresso.com.
9.2 In accordance with the French Data Processing and Freedoms Act of 6 January 1978, you have the right to access, rectify and delete personal data concerning you, by writing to Nespresso at the address below: Nespresso France SAS - Service Informatiques et Libertés - 1, Bd Pasteur - CS 21577 - 75726 Paris Cedex 15.
10. Modifications to the standard terms
Nespresso reserves the right to modify these standard terms at any time, by publishing a new version, which shall be applicable to any order placed following the date it is first placed online, on the site www.nespresso.com.
11. Governing law and expertise
Any dispute regarding the execution of an order and/or the interpretation of these standard terms shall be governed by French law. In the event of a dispute regarding the interpretation or performance of the agreements entered into between you and Nespresso, an amicable solution shall be sought prior to the initiation of any legal proceedings. The prior search for an amicable solution shall not interrupt the time limits for application of the warranty. In the absence of an amicable agreement, the competent court shall, depending on the applicant's preference, and in accordance with the law, be the court of the place in which the defendant is located, or the court of the place of the effective delivery of the Product(s), or the court of the place where the service is rendered.
B. SPECIFIC PROVISIONS APPLICABLE TO REMOTE SALES
1. Scope of application
These provisions concern the sales of Products entered into by mail, telephone, fax and the Internet or, more generally, by any remote communications technology. Telephone conversations may be recorded in order to improve the quality of our relationship with our clients and the reliability of orders.
You can place your orders:
- by telephone: on 0800 55 52 53 (free number from a fixed telephone line)
- by letter: to Nespresso France TSA 71623, 75901 PARIS CEDEX 15
- by fax: on 0800 55 52 50 (free call)
- by internet: www.nespresso.com
- from your mobile phone via the Nespresso application or on m.nespresso.com
3. Minimum quantity
The minimum quantity per order of coffee by remote sale is set at 5 cases, i.e. 50 capsules.
The delivery costs and conditions are defined in Articles 4 and 5 above. However, the dispatching expenses are waived for any order placed by Internet for 200 or more capsules (excluding delivery by appointment).
5. Payment conditions
Payments are made by credit card (MasterCard or Visa), debit, bank transfer or cheque; payments must specify your client number and/or invoice number.
Nespresso's bank account information is as follows:
IBAN (International Bank Account Number): FR 76 3000 4013 2800 0106 4003 204 / BIC (Bank Identification Code): BNPAFRPPPTX
* * *
Complaints - Withdrawal
For all complaints or exercise of the right of withdrawal regarding the Products and/or after sales service, you can contact (free call from a fixed telephone line) by telephone on 0800.55.52.53 or by fax, on 0800.55.52.50, or write to Nespresso France TSA 71623, 75901 PARIS CEDEX 15
The site www.nespresso.com is the property of:
NESPRESSO France, a simplified joint stock company [SAS], having share capital of €1,360,000.00, domiciled at 1, boulevard Pasteur, 75015 Paris, registered at the Paris Trade and Companies Register under No. 382 597 821.
Telephone: 01 72 06 22 22 (cost of a local call from a fixed telephone line)
Publication director, France: Jérémie Herrmann
This site is hosted by NESTLE NESPRESSO SAS, avenue de Rhodanie 40, CH-1007 Lausanne. Telephone: 0800 55 52 53.
Webmaster’s contact information: email@example.com
This site is declared to CNIL (the French Data Protection Authority) and has the authorisation number: 723051