2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
Effective: [13 February 2017]
This Policy provides important information in the following areas:
1. SOURCES OF PERSONAL DATA
2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
4. USES MADE OF YOUR PERSONAL DATA
5. DISCLOSURE OF YOUR PERSONAL DATA
6 RETENTION OF PERSONAL DATA
7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
8. ACCESS TO YOUR PERSONAL DATA
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
10. CHANGES TO OUR POLICY
11. DATA CONTROLLERS & CONTACT
SCOPE OF THIS POLICY
This Policy explains how your personal data are collected, used, and disclosed by Nespresso entities as listed in the Data Controllers & Contact section (Section 12) (“Nespresso”, “We”, Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
This Policy covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We may combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.
1. SOURCES OF PERSONAL DATA
This Policy applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook ("Websites").
Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.
E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
Nespresso CRC. Calls to our CRC.
Nespresso Boutiques. Stores managed by Nespresso.
Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
Data from other sources. Social networks, publicly available information.
2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number.
Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. zip code), favorite products, hobbies and interests, and household or lifestyle information.
Technical information about computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking services (such as Double Click, Google Analytics, Adobe Dynamic Tag Management and/or Omniture). You have the right to object to the use of such technologies, for further details please see Section 3.
Consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. This refers to any content that you create and then share with Us on a social network or by uploading it to one of our Websites or apps, including the use of social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Social network information. This refers to any information that you share publicly on a social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant social network.
Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
Calls to CRC. Communications with a CRC may be recorded, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes) and, in certain cases, to archive proof of consent for direct marketing and profiling. Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call and will have the opportunity to object.
3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies. Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them. Please ensure that your computer setting reflects whether you are happy to accept cookies or not. You can set your browser to warn you before accepting cookies, or you can simply set it to refuse them, although you may not have access to all the features of this website if you do so. Remember that if you use different computers in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences.
Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons may include technical information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We may use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.
4. USES MADE OF YOUR PERSONAL DATA
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).
Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose.
For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.
Social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.
Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; to ensure that content from our Websites/apps is optimised for you and for your computer or device; and (iv) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your personal data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain personal information and payment information.
Other general purposes (e.g. internal research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal marketing and demographic studies and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, We may share your Personal Data with any of our legal successors. We may also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.
5. DISCLOSURE OF YOUR PERSONAL DATA
In addition to the Nespresso/Nestlé entities (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 12), We share your Personal Data with the following types of third party organisation:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, debt collection, website operation, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).
Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Government bodies and law enforcement agencies. We may disclose your Personal Data if we are required to do so by law; or if in our good faith judgment, such action is reasonably necessary to comply with legal process; to respond to any legal claims or actions; or to protect our rights, our customers and/or the public.
Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes.
Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).
6. RETENTION OF YOUR PERSONAL DATA
In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements. This means that we may retain your Personal Data for a reasonable period after the purposes for which your Personal Data was collected is achieved. After this period, your Personal Data will be deleted.
Personal Data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws.
7. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as social networks.
People who can access your Personal Data. Your Personal Data will be processed by our authorised staff, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to our customer record).
Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your personal information, We cannot guarantee the security of the data during transmission through our Websites/apps.
Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We may provide you in our Website/app.
Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg. Where permitted by law, by accepting the terms of this Policy, you agree to such transferring, transmission, storing and/or processing. We take reasonably appropriate measures to maintain security of the Personal Data both during transit and at the receiving location. We will ensure that the country your data is transferred to has a similar or equivalent personal data protection laws in place.
8. ACCESS TO YOUR PERSONAL DATA
Access to Personal Data. Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You may also have the right to request information on the source of your Personal Data.
Modification and Deletion of Personal Data. Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
These rights can be exercised by sending Us an e-mail to:
Or writing to us at:
Nespresso Club, 22-1, 22nd Floor, Menara Surian, No. 1, Jalan PJU 7/3, Mutiara Damansara 47810, Petaling Jaya, Selangor, Malaysia
Please attach a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.
In certain circumstances, We may not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.
Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being used. Please see Section 3 above.
Advertising, marketing and promotions. If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you may still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important announcements.
Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by Nespresso to provide you with a personalized experience, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.
Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements may be tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You may visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you may opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You may also stop the collection of precise location data from a mobile device by accessing your device location service settings.
10. CHANGES TO OUR NOTICE
If We change the way We handle your Personal Data, We will update this Policy. We reserve the right to make changes to our practices and this Policy at any time, please check back frequently to see any updates or changes to our Policy.
11. DATA USERS & CONTACT
To ask questions or make comments on this Policy and our privacy practices or to make a complaint about our compliance with applicable privacy laws,
please contact Us at: https://www.nespresso.com/my/en/contactus
or call our CRC: 1800 80 7001
We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).
Nestlé Nespresso SA (Nestlé Nespresso Ltd) Avenue de Rhodanie 40, 1007 Lausanne,
Nestlé Treasury International S.A. 7, Rue Nicolas Bové
Website/app related payment card operations.
Point to note: in certain limited cases, another Nestlé or Nespresso entity might be behind the processing of your payment card details.
If you are making a purchase in boutique or calling our CRC, the following local data users will also be involved:
Nespresso Malaysia, a
22-1, 22nd Floor, Menara Surian,
Fax: 1800 80 7077
GENERAL CONDITIONS OF SALES
Applicable version with effect from [9th January 2017]
The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Nestlé Products Sdn. Bhd. (45229-H), [referred to as “Nespresso” or "we", "us" or "our" ] and having its registered office at 22-1, 22nd Floor, Menara Surian, No.1, Jalan PJU 7/3, Mutiara Damansara, 47810 Petaling Jaya, Selangor, GST Registration number 000133435392, in a store or remotely (letter, telephone, fax, the Internet, and via the Nespresso application), concerning the machines belonging to the offers to private consumers, as well as their consumables and accessories dedicated to this line (the “Products”).
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
You have the possibility to save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records. By placing an order with Nespresso you warrant and represent that you are legally capable of entering into binding agreements, and you are aged 18 years or over.
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be valid and up-to-date.
Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders.
1.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify Nespresso immediately by calling the Customer Relationship Centre on Toll-free line 1800 80 7001.
You are also invited to take the following precautions:
- When you have completed your visit of the Website, always use the Logout button on the top to effectively close the session.
- Your account username, password and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.
If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, Nespresso shall immediately suspend the use of such account (including processing any transaction from such account).
1.3 Order process
- You can place your orders via Toll-free hotline, email, letter, internet and Mobile apps]:
- By telephone: [Toll-free line 1800 80 7001] or Business Solution: [Toll-free line 1800 80 6507]
- by email: [https://www.nespresso.com/my/en/contactus] or
Business Solution [https://www.nespresso.com/pro/my/en/pages/contact-us-pro]
- by letter: to [Nestle Products Sdn. Bhd (Nespresso Malaysia) 21-1, 22nd Floor, Menara Surian No. 1, Jalan PJU 7/3, Mutiara Damansara 47810 Petaling Jaya Selangor, Malaysia]
- by fax: [1800 80 7077]
- by internet: [www.nespresso.com] or Business Solution [www.nespresso.com/pro]
- from your mobile phone via the Nespresso application or on mobile.nespresso.com
- Orders you place with Nespresso are subject to minimum and maximum quantity limitations set by Nespresso. Nespresso offers its products on this website within the limits of its available stocks.
An order of Nespresso Product(s) through the Website is placed by clicking on “Add to Basket” button and proceeding to the checkout page.
Please note that the minimum quantity of coffee capsules for orders placed through our Website is  capsules.
After placing an order of Product(s) on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
Please never provide your debit or credit card details on letters or faxes. You will be called back by us to finalise the order and proceed to the payment in a secure way.
1.4 Order confirmation
Once you have submitted and confirmed your order(s), Nespresso will acknowledge receipt of the order(s) by setting out details of the ordered Product(s). This acknowledgement does not confirm our acceptance of your offer to purchase the ordered Product(s).
To the extent permitted by law, Nespresso is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Nespresso may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Nespresso suspects are not placed in good faith.
Nespresso reserves the right to terminate our agreement with you if Nespresso is refused authority for payment or reasonably believe that payment will be refused at any stage or if you breach any of these conditions or applicable laws.
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of GST and exclusive of delivery charges where applicable. Any order of a Nespresso machine and/or a minimum of 100 capsules get to enjoy free delivery while for Business Solution, any order on a minimum of 300 capsules can get a free delivery. Delivery charges will be billed at the rates indicated on this website.
Nespresso reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Nespresso.
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by credit card or cash on delivery only applicable to Kuala Lumpur, Petaling Jaya, Shah Alam, Klang, Kajang, Cheras, Seri Kembangan, Serdang, Bandar Baru Bangi, Sungai Buloh, Puchong, Subang Jaya, Rawang, Putrajaya, Cyberjaya, Ampang, Batu Caves). Payment by credit card is immediately due and payable at the time you place your order.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Nespresso does not receive the authorisation, Nespresso reserves the right to cancel your order.
No order will be shipped until payment is received or payment has been authorised or processed.
The data registered by our payment system constitutes full proof of the financial transactions
All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order. Deliveries are only within Malaysia.
Nespresso and/or companies authorised by Nespresso may contact you by SMS, telephone and/or email with information regarding your order and delivery.
Nespresso does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within three (3) working days. In case the delivery has not occurred within the above indicated term, you shall either make contact with Nespresso to agree on an additional delay to deliver the Products, or cancel your order by notifying Nespresso.
In order to deliver orders on time, Nespresso strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.
2.2 Transfer of property and risk
The delivered Nespresso Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.
All risk of loss or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).
2.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing items, you must notify our Customer Relationship Centre within a reasonable period after you discovered the damage or missing item and not later than two months. Nespresso shall in such case provide you with identical replacement Products.
3. RETURNS AND AFTER SALES
3.1 Return Policy
We will, at our discretion, accept returns or exchange of goods (excluding coffee & other consumables) within 7 days from goods receipt only if: (1) the product is damaged before receipt of the same by you, or (2) there is a discrepancy between ordering and delivery, and provided always that (i) such product is still in its original package, and (ii) is accompanied by the relevant original invoice issued within the same country. No refund or exchange will be given for consumables (e.g. coffee and sugar).
Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
Machines purchased are guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation.
Please consult your Product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your statutory legal rights.
Except for the manufacturer’s warranty referred to in this clause, all other warranties, express or implied are excluded to the fullest extent permitted under applicable laws.
3.3 After-Sales Services
You are responsible for the standard maintenance and cleaning of any machine you purchase from us. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Nespresso shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact our Customer Relationship Centre at 1800 80 7001 for advice and assistance.
If your requirements are complex, Nespresso may collect your machine at a pre-arranged time, organise the loan of a machine and bring back your machine when repaired at the chosen address.
The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.
Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Nespresso's liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Products in respect of which damages are claimed. Nespresso is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us Product.
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. FORCE MAJEURE
Nespresso will make every reasonable effort to fulfil its obligations. However, Nespresso cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the Production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Nespresso's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. 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.
If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including delivery charges.
6.2 You expressly agree Nespresso and its affiliated companies and business units may collect, use and disclose your personal data for the following purposes: to provide you with products and services; consumer research; to verify if you qualify for our membership, promotion or contest which you may participate in from time to time; and to provide you with benefits of our membership, promotion or contest which you may participate in from time to time. Nespresso may share your personal data between themselves for administrative purposes, and with third parties supporting our administrative and business functions. In some cases, this may involve the storage, use, disclosure or other processing, or transfer of your personal data out of Malaysia. Third parties receiving your personal data will be bound by requirements under the Personal Data Protection Act 2012 to protect your personal data. Where you have given us your consent, Nespresso may also contact you by telephone calls and phone messaging for product updates, sales and promotions which we believe will be of interest to you. If you wish to withdraw consent to any specific use of your personal data, you may do so by contacting Nespresso Club at 1800 80 7001.
7. LAW AND FORUM
The present General Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of Malaysia .
Any dispute or claim arising out of or in connection with the General Conditions of Sales or your purchase of Products from Nespresso (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malaysia .
1. Scope & application
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.
2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.
3.1 Promotions are free to enter and no purchase of any kind is necessary.
3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.
4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize.
4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
4.6 In addition, all travel or holiday prizes are subject to the following:
(a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
(b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
(c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
(d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
(e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
(f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.
5. Personal information
5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
(a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso's Website or other technical means as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
(b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
(c) All Invitations shall nominate the Participant as sender and not Nespresso;
(d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
(e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.
6. Intellectual property
6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person. Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.
7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
7.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.
7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.
NESTLE Nespresso LTD.
Nestle Products Sdn Bhd (45229-H)
22-1, 22nd Floor, Menara Surian,
No. 1, Jalan PJU 7/3
Mutiara Damansara 47810
Petaling Jaya, Selangor, Malaysia.