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Legal notices
1. Acceptance And Modification Of The Terms Of Use
1.1 Your access and use of the websites (the "Websites") of Nestlé Nespresso S.A. ("Nespresso"), which includesNespresso’s affiliated companies, are governed by the present terms of use (the "Terms of Use"). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.
2. Copyright And Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a licence or a right to use any such content of our Websites.
3. Use Of The Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. Nespresso invites you to read this Privacy Policy carefully before providing us with any personally identifying data and information.
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer Of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE PROVIDED TO YOU "AS IS", IN FUNCTION OF THEIR AVAILABILITY AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advice or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Websites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.
6. Limitation Of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED IN ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer, tis equipment or other property due to your access to, use or downloading of any material from Nespresso's websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change Of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability Of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9. Links
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.
10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.
10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
SCOPE OF THIS Policy
Please read this privacy policy ("Policy") carefully to understand our policies and practices regarding your Personal Data and how we will treat it. This Policy explains how your Personal Data is collected, used, and disclosed by Nestlé New Zealand Limited t/a Nespresso ("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, third party social networks, Customer Relationship Centres, 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 combine Personal Data that were originally collected by different Nespresso entities. Please see Section 9 for further information on how to object to this.
If you do not provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Policy can change from time to time (see Section 11).
This Policy provides important information in the following areas:
- SOURCES OF PERSONAL DATA
- PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
- PERSONAL DATA OF CHILDREN
- COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
- USES MADE OF YOUR PERSONAL DATA
- DISCLOSURE OF YOUR PERSONAL DATA
- RETENTION OF PERSONAL DATA
- STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
- ACCESS TO YOUR PERSONAL DATA
- YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
- CHANGES TO OUR POLICY
- COMPLAINTS AND CONTACT
- 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. Interactions with electronic communications between you and Nespresso.
Nespresso CRC. Calls to our Customer Relationship Centres ("CRC").
Nespresso Boutiques. Stores managed by Nespresso.
Offline registration forms. Printed or digital 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.
Telemetry Data. We may collect certain data captured by Nespresso coffee machines that are connected to wifi. Examples include the machine Serial Number, machine alerts or errors, and the type of coffees prepared by consumers, with the respective date and time. Advertising interactions.
Advertising interactions. Interactions with our advertisements (e.g., if you interact with on one of our ads on a third party website, we may receive information about that interaction).
Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).
Data from other sources. Third party social networks (e.g. such as Facebook) advertising networks (e.g such as Google), messaging apps (e.g such as Whatsapp), market research (if feedback not provided on an anonymous basis), third party data aggregators, Nespresso promotional partners, public sources and data received when we acquire other companies.
- 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. Nespresso only collects information that is necessary for one or more of its business functions.
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 & interests. Any information that describes your demographic or behavioural characteristics which you allow third parties (such as Google Signals) to share with us. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favourite products, hobbies and interests, and household or lifestyle information, or any other information you permit that third party to collect. We use this data for data analytics only and that data remains anonymised. To learn more about how your information from a third party websites is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant third party.
Information from 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 and web beacons, and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies, for further details please see Section 4.
Market research & consumer feedback. Any information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. Any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party 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.
Third party social network information. Any information that you share publicly on a third party 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 third party social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a third party 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 third party 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 third party 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 or our payment processing provider(s) 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 will be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
Sensitive Personal Data. We do not seek to collect or otherwise process certain sensitive personal data in the ordinary course of our business. Where it becomes necessary to process your sensitive personal data for any reason, we rely on your prior express consent for any processing which is voluntary (e.g. for marketing purposes ). If we process your sensitive personal data for other purposes, we may rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law (e.g. to comply with our diversity reporting)..
- 3. PERSONAL DATA OF CHILDREN
We do not knowingly solicit or collect personal data from children below the age of 18. If we discover that we have unintentionally collected personal data from a child below 18, we will remove that child's personal data from our records promptly.
We also do not knowingly solicit or collect personal data from children under the age of 18 for the specific purposes of marketing communications.
- 4. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies. Please see our Cookies Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons. Web beacons (also known as "web bugs") are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include 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 will 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.
- 5. 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.
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WHAT WE USE YOUR PERSONAL DATA FOR |
OUR REASONS |
OUR LEGITIMATE INTERESTS |
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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.). |
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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, geo-location push notifications in the vicinity of a Nespresso boutique, 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 opt out of marketing communications. For detailed information on how to modify your preferences about marketing communication, please see Sections 9 and 10 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion. |
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Third party 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 third party 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 policies of the relevant third party social networks. We use your Personal Data to tailor and deliver communications to you, including via social media, based on your interests and your interactions with our products and services. |
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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; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) 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 10 below. |
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Order fulfilment. 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 Data and payment information. |
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Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as maintaining your account, conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, if you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data for management and operation of our communications, IT and security systems. |
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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 will share your Personal Data with any of our legal successors. We will 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. |
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- 6. DISCLOSURE OF YOUR PERSONAL DATA
We also share your Personal Data with the following types of third party organisations:
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, website operation, market research companies, 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 have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
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.
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. Their identity will be disclosed at the time your consent is sought.
For example, we may share with Meta Platforms Ireland Limited ("Meta"), Google Ireland Limited ("Google") and other partners certain data regarding actions that you take on our Websites such as your visits to our Websites, your interactions on our Websites, use of Facebook Connect and information collected from cookies or similar technologies including the Facebook pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook, and others). We are a joint data controller with Meta and some other partners for this processing. This agreement means that we must provide you with this notice, but you should contact Meta if you wish to exercise your data protection rights. Further information, including how Meta enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Meta's Data Policy, which is accessible at https://www.facebook.com/about/privacy . Similar terms may apply for other third-party vendors, e.g. Google tags or other technologies. To learn more about personal data processed by Google you can access Google's Privacy & Terms site.
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 5 for details).
- 7. 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 5 above) or to comply with applicable legal requirements. Personal data used to provide you with a personalized experience (see Section 5 above for details) will be kept for a duration permitted by applicable laws.
- 8. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
We use appropriate 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 third party social networks.
People who can access your Personal Data. Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, 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 provide you in our Website/app.
Transfer of your Personal Data.
Because of the international nature of our business, we may need to transfer your personal data within the Nespresso group, and to third parties as noted in Section 6 above, in connection with the purposes set out in this Privacy Notice.
Nespresso service providers, contractors and agents may also transfer your information overseas, however, it is not practical to list every country where your personal information is processed and stored. If you would like further information on the countries where Nespresso Service Providers are accessing and storing your personal Information, please contact the Nespresso Privacy Officer by emailing Privacy.Officer@au.nestle.com.
- 9. YOUR RIGHTS
Access to Personal Data. You have the right to access and review to the information held about you. You also have the right to request information on the source of your Personal Data.
These rights can be exercised by sending Us an email to Privacy.Officer@au.nestle.com or writing to us at Nestlé New Zealand Limited, Level 3, Carlaw Park Commercial, 12-16 Nicholls Lane, Parnell Auckland 1010. If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected. Please note that any identification information requested by Us will only be processed in accordance with, and to the extent permitted by applicable laws.
- 10. 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 manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 4 above.
Advertising, marketing and promotions. You can consent for your Personal Data to be 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 or third party social networks 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 will 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 non marketing related announcements. Interest Based Advertising. We 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 are tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You can visit www.youronlinechoices.com.au. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.
- 11. CHANGES TO THIS POLICY
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.
- 12. COMPLAINTS AND 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: Privacy.Officer@au.nestle.com or writing to us at Nestlé New Zealand Limited, Level 3, Carlaw Park Commercial, 12-16 Nicholls Lane, Parnell Auckland 1010 or contact us online.
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).
1. DEFINITIONS
In these terms and conditions:
“Goods” means any goods provided by Nespresso to you.
“Nespresso” means Nestlé New Zealand Limited trading as Nespresso New Zealand and its officers, employees and agents.
“Services” means any services provided by Nespresso to you.
“you” means the person(s) purchasing Goods and Services from Nespresso which these terms and conditions accompany.
2. NESPRESSO CLUB MEMBERSHIP
2.1 When Nespresso accepts your first order for Goods, you automatically become a member of the Nespresso Club. Membership is non-transferable. Your membership number will appear on your first invoice. Your membership entitles you to the provision of Services. It is your responsibility to ensure that your contact details with the Nespresso Club are correct, complete and remain up to date.
2.2 When registering, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your password and any orders placed under it, even without your knowledge. If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
3. ORDERS
3.1 You may place orders for Goods and Services
(a) by completing a purchase order form and sending or faxing it to Nespresso;
(b) by telephone;
(c) online on the New Zealand pages of the website www.nespresso.com; or
(d) in person at a Nespresso store.
3.2 When ordering Nespresso capsules, each order must be in multiples of 5 sleeves (10 capsules in each sleeve) and may be in any combination of sleeves or blends.
3.3 All orders are subject to availability of stock and minimum or maximum quantities as Nespresso decides from time to time. Nespresso reserves the right to allocate any product supply among customers in a fair and reasonable manner.
3.4 Nespresso reserves the right to refuse orders whether in whole or in part in its absolute discretion.
3.5 Your order will not constitute a binding contract unless and until confirmed by Nespresso.
3.6 Nespresso reserves the right to cancel a contract in case of writing, printing or calculation errors.
4. RETURNS
4.1 You must verify your order for Goods (quantity and quality) upon delivery and if any of the Goods are faulty or if there are missing Goods, you must notify Nespresso within seven days of receipt. Otherwise you waive any right to reject the Goods. Time is of the essence.
4.2 Rejected Goods must be promptly returned by you to Nespresso.
4.3 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
4.4 When returns are properly completed, Nespresso will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
4.5 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates, or if no date or dates were agreed, within a reasonable time.
4.6 Except as required by law, Nespresso has no obligation to accept Goods returned for any reason.
5. DELIVERY AND RECEIPT
5.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not be liable for
(a) any failure to deliver or delay in delivery for any reason;
(b) any damage or loss due to unloading or packaging; or
(c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
5.2 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 5kg and, for packages over 5kg, an additional freight and delivery charge as specified by Nespresso.
5.3 If you wish to have Goods or Services provided by means other than Nespresso’s usual means, you will need to make all necessary arrangements and pay all costs involved.
6. PAYMENT AND INTEREST
6.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
6.2 You must pay the price of Goods and Services current at the time your order is placed.
6.3 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
6.4 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
6.5 You must pay Nespresso any GST payable for the provision of the Goods and Services.
6.6 Nespresso reserves the right to charge interest on overdue payments at 2% above the Reserve Bank of New Zealand base rate, compounded daily from the due date to the date of payment.
6.7 Nespresso reserves the right to refuse any new order until any overdue balance has been paid in full.
6.8 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
7. TITLE AND RISK
7.1 Title in Goods passes to you on payment in full for them.
7.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.3 in which case risk passes when the Goods leave Nespresso’s premises.
8. MACHINE WARRANTY
8.1 Each Nespresso machine has manufacturer’s warranty of 2 years from its date of purchase. Nespresso is not the manufacturer of Nespressomachines for the purposes of this warranty. Please consult your product documentation for detailed information on the manufacturer’s warranty.
8.2 The manufacturer’s warranty is additional to the guarantees and rights of redress under the Consumer Guarantees Act 1993 (the “CGA“).
9. EXCLUSIONS AND LIMITATIONS
9.1 The Goods and Services are subject to guarantees that cannot be excluded under the CGA. To the maximum extent permitted by law, and subject always to clause 8.2:
(a) Nespresso excludes all implied or statutory representations, warranties and conditions in respect of the Goods and Services.
(b) Nespresso’s only liability in respect of Goods and Services is as expressly stated in these terms and conditions and all other liability is excluded.
(c) Nespresso will not be liable to you (whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit , business, goodwill or opportunity.
(d) Without limiting the scope of these terms and conditions no claim of any kind shall be greater in amount than the purchase price of the Goods or Services in respect of which the claim is made.
10. INDEMNITY
You indemnify and must keep Nespresso indemnified against all reasonable damages, losses, costs and expenses suffered by Nespresso arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused by Nespresso.
11. GENERAL
11.1 These terms and conditions and any invoice referencing these terms and conditions govern your membership of Nespresso Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
11.2 These terms and conditions may be varied by Nespresso at any time by notice to you or by means of a notice on the New Zealand pages of the website www.nespresso.com
11.3 Clerical errors are subject to correction without notice.
11.4 Nespresso may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nespresso’s obligations under this agreement.
11.5 Nespresso waives a right under these terms and conditions only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
11.6 You must pay Nespresso all reasonable costs and expenses incurred by Nespresso in connection with these terms and conditions including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Nespresso or in otherwise enforcing Nespresso’s rights against you under this agreement.
11.7 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. In the event of delay, the affected party must perform its obligations as soon as reasonably possible. If delay or failure to perform continues for more than 30 days or more, either party may immediately terminate this agreement by notice in writing to the other party.
11.8 These terms and conditions are governed by and must be construed in accordance with the laws of New Zealand.
Nespresso New Zealand
Level 3, 12-16 Nicholls Lane
Parnell, Auckland
Nespresso New Zealand a division of Nestlé New Zealand Ltd
at Level 3, 12-16 Nicholls Lane, Parnell, Auckland 1010, New Zealand
Should your machine be defective, you have the choice to make a claim under the Consumer Guarantees Act or the Nespresso Machine warranty. The Nespresso Machine warranty is in addition to your rights under the Consumer Guarantees Act.
A brief summary of your rights under each of the Consumer Guarantees Act and the Nespresso Machine warranty is set out below. For more information on your rights under the Consumer Guarantees Act please visit the Ministry of Consumer affairs website at http://www.consumeraffairs.govt.nz.
| Consumer Guarantees Act | Nespresso Machine Warranty | |
| Repair or replacement coverage for | Defects present at the time of delivery or after. | Defects present at the time of delivery or after. |
| Claim period | A reasonable period from date of purchase. | Two years from date of purchase. |
| Cost of coverage to customer | Nil | Nil |
| Who to contact to make a claim | The retailer who sold you the machine or the manufacturer of the machine. | Nespresso Club. |
| Included repair or replacement options | Contact the retailer who sold you the machine or the manufacturer of the machine. | Assistance Package |
For technical support visit the Machine Assistance Page, contact the Nespresso Club: 0800 234 579 or click here to contact a Coffee Specialist by email. This service is available Monday to Friday 9am–9pm (NZT).
For the full terms of the Nespresso warranty for your machine, click here.
The Welcome Offer is available on the Club Member’s first or second coffee order only.
Club Members can only redeem the Welcome Offer once per Club Member account number. Free standard delivery only.
Welcome Offer coffee selections and gifts subject to stock availability.
Accessory gift available only with the 150 capsule Welcome Offer.
Capsule dispensers are supplied without capsules.
Selection of complimentary accessories will be determined by Nespresso and will not include the full accessories range.
This cookie notice applies to all Nespresso websites and mobile applications (“Nestlé Sites”).
1. What are cookies?
Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.
2. What types of cookies are used on Nestlé Sites?
We use the following types of cookies on Nestlé Sites:
Cookie categories |
Lifespan |
|---|---|
a) Site functionality cookies |
As long as necessary |
b) Site analytics cookies |
90 days |
Third party 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 third party 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. |
90 days |
c) Customer preference cookies |
90 days |
d) Advertising or targeting cookies |
90 days |
e) Social media cookies |
90 days |
3. Manage your cookie preferences
You do not need to allow cookies to use or navigate through many parts of Nestlé Sites, although you may not have access to all the features on Nestlé Sites if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.
4. For more information about targeting and advertising cookies, visit Your Online Choices.
5. We reserve the right to make any changes and corrections to this Notice. Please refer to this page from time to time to review these and new additional information. We will place updates on Nestlé Sites and, where appropriate, we will notify of any changes by email.
6. Privacy Policy
For further information about how your data is used, please see our Privacy Notice above.
This Cookie Notice was last updated November 2019.
VERTUO POP MACHINE SUBSCRIPTION
The Machine Subscription Common Terms and Conditions apply in addition to the Vertuo Pop Machine Subscription terms set out below.
Minimum Term
12 Months.
Participating Products
Vertuo Pop, and Vertuo Pop Bundle, that includes an Aerocino3.
Participating products are subject to availability.
Fees
Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a machine fee between $50 to $60 as well as the Monthly Fee for the first month.
Monthly Fee: Your Nespresso subscription plan also has a fixed cost which will be charged to you once a month for 12 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card for 12 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.
The Fees for each Participating Product are outlined below:
· Vertuo Pop Plan: The first Monthly Fee of $50, plus $50 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A $50 Monthly Fee is payable each month during the Term and you will receive $50 credit following payment of the Monthly Fee.
· Vertuo Pop & Aerocino3 Plan: The first Monthly Fee of $60, plus $60 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. A $60 Monthly Fee is payable each month during the Term and you will receive $60 credit following payment of the Monthly Fee.
Termination Fee
You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at at 0800 234 579 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.
If you terminate before you have paid all 12 Monthly Fees, you will be required to pay a termination fee. The Termination Fee is calculated based on the full price of the machine (at the time of your registration), minus the upfront cost of the machine on subscription, and is as follows:
If you terminate your subscription after you have paid all 12 Monthly Fees, you will not be required to pay a Termination Fee.
Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months post termination and you will also retain your machine.
VERTUO LINE MACHINE SUBSCRIPTION
The Machine Subscription Common Terms and Conditions apply in addition to the Vertuo Line Machine Subscription terms set out below.
Minimum Term
24 Months
Participating Products
Vertuo Next Bundle that includes an Aerocino3, Vertuo Next Premium Bundle that includes that includes an Aerocino3, Vertuo Next Deluxe Bundle that includes an Aerocino3, Vertuo Lattissima and Vertuo Creatista.
Participating products are subject to availability.
Fees
Initial Fee: There is an additional charge between $50 to $500 for the Participating Product as well as the subscription fee for the first month.
Monthly Fee: Your Nespresso subscription plan also has a fixed cost which will be charged to you once a month for 24 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card for 24 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.
The Fees for each Participating Product are outlined below:
· The Vertuo Next Bundle that includes the Aeroccino Plan: The first Monthly Fee of $50, plus a $50 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· The Vertuo Next Premium Bundle that includes the Aeroccino Plan: The first Monthly Fee of $50, plus a $70 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· The Vertuo Next Deluxe Bundle that includes the Aeroccino Plan: The first Monthly Fee of $50, plus a $70 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· Vertuo Lattissima: The first Monthly Fee of $75, plus the Machine Fee of $300 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $75 credit following payment of the Monthly Fee.
· Vertuo Creatista: The first Monthly Fee of $100, plus the Machine Fee of $500 for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the Term you will receive $100 credit following payment of the Monthly Fee.
Termination Fee
You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 579 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.
If you terminate before you have paid all 24 Monthly Fees, you will be required to pay a Termination Fee. The Termination Fee is calculated based on the full price of the machine minus the upfront cost of the machine on subscription, and is as follows:
· Vertuo Next Bundle that includes an Aeroccino3: $419
· Vertuo Next Premium Bundle that includes an Aeroccino3: $429
· Vertuo Next Deluxe Bundle that includes an Aeroccino3: $449
· Vertuo Lattissima: $499
· Vertuo Creatista: $749
If you terminate your subscription after you have paid all 24 Monthly Fees, you will not be required to pay a Termination Fee.
Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months following termination and you will also retain your machine.
ORIGINAL LINE MACHINE SUBSCRIPTION
The Machine Subscription Common Terms and Conditions apply in addition to the Original Line Machine Subscription terms set out below.
Minimum Term
24 Months
Participating Products
From time to time, the following subscription plans may be available for consumers to choose from: Lattissima One, Creatista Uno, Creatista Pro, and Essenza Mini Bundle that includes an Aeroccino3.
Participating products are subject to availability.
Fees
Initial Fee: Upon signing up to your Nespresso subscription, you will need to pay a machine fee between $10 to $500 as well as the Monthly Fee for the first month.
Monthly Fee: Your Nespresso subscription plan has a fixed cost which will be charged to you once a month for 24 months during the Term. The fixed cost is dependent on the plan that you sign up to and is outlined below. The Monthly Fee is to be paid by credit card for 24 consecutive months during the Term. The subsequent Monthly Fees will be payable every month on the same day of the month as when your subscription was activated. For full payment terms, please refer to the Machine Subscription Plan Common Terms and Conditions below.
The Fees for each Participating Product are outlined below:
· The Essenza Mini Bundle that includes the Aeroccino Plan: The first Monthly Fee of $50, plus a $10 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· The Lattissima One Plan: The first Monthly Fee of $50, plus a $100 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· The Creatista Uno Plan: The first Monthly Fee of $50, plus a $250 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $50 credit following payment of the Monthly Fee.
· The Creatista Plus Plan: The first Monthly Fee of $75, plus a $400 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $75 credit following payment of the Monthly Fee.
· The Creatista Pro Plan: The first Monthly Fee of $100, plus a $500 Initial Fee for the Nespresso machine will be payable on signing up to the Nespresso subscription plan. Each month during the 24 month Term you will receive $100 credit following payment of the Monthly Fee.
Termination Fee
You can terminate your subscription at any time. You may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 57 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.
If you terminate before you have paid all 24 Monthly Fees, you will be required to pay a Termination Fee. The Termination Fee is calculated based on the full price of the machine minus your first monthly subscription credit, minus the upfront cost of the machine on subscription, and is as follows:
· Essenza mini Bundle that includes an Aeroccino3: $369
· Lattissima One: $449
· Creatista Uno Plan: $519
· Creatista Plus Plan: $749
· Creatista Pro Plan: $949
If you terminate your subscription after you have paid all 24 Monthly Fees, you will not be required to pay a Termination Fee.
Following termination, you will still be able to use any credit that remains on your account post termination for up to 12 months following termination and you will also retain your machine.
MACHINE SUBSCRIPTION PLANS COMMON TERMS AND CONDITIONS
Payments
You have a number of options when it comes to paying for your machine subscription. Please note orders in Boutique can only be paid for in Cash or on a Credit/Debit card. The Monthly Fee will be billed to your chosen method of payment each month until you terminate the subscription. You may change your primary form of payment at any time by logging into your Nespresso account online at Nespresso.com.nz.
If you fail to pay the Monthly Fee when due, Nespresso’s automated system will reattempt again until successful for two consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months (if on a monthly plan). If payment is still outstanding for 2 months, it will be considered a material breach of these terms by which Nespresso may provide you written notice to rectify the material breach. If you do not remedy that breach within days of the date of that notice, then Nespresso reserves the right to terminate your Subscription and claim Early Termination Fees as damages.
Termination fees will apply if your Machine Plus plan is terminated before the minimum Term. To cancel your subscription, you may do so by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 57 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.
Machine Subscription Benefits and Credits
Each month during your Machine Plus plan, your Monthly Fee will turn into rolling credit to the value of that Monthly Fee which can be used to purchase Nespresso coffee or accessories. The Nespresso credit will automatically be added to a Nespresso account that is linked with your membership within 5 business days of receipt of the Monthly Fees.
Your credit will remain on your account for 12 months after termination of your subscription plan and you will also retain whichever machine as part of your plan. Any unused Nespresso credit at the end of this period will be automatically converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com
Nespresso credit is non-transferable and may not be exchanged for a cash equivalent.
Amendment of these Terms by Nespresso
We may at any time amend the terms of this agreement by notice on the Website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. Where an amendment to the Machine Plus plan is substantial and you do not want to proceed with the plan, you may exercise your tight to terminate this agreement at any time. If you can demonstrate that the proposed amendment will have more than a minor detrimental impact on you, we may either delay or waive the amendment in respect of you or offer you the right to early termination of the agreement without incurring any early termination fee (if otherwise applicable to your subscription offer).
Cancellation of your Subscription
Your Subscription will continue until terminated by either party.
You can terminate your subscription at any time by accessing your “my account/my subscriptions” section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 57 or by visiting a Nespresso Boutique. Early Termination Fees may apply (refer to your relevant Machine Subscription Terms above).
We may terminate your Subscription in the following circumstances:
- at any time on 3 months’ notice to you, in which case no early termination fee is payable by you; or
- immediately if we reasonably suspect fraud by you or any other person in connection with your subscription service provided to you.
Price Changes
The Price of Nespresso coffee and accessories sold on our website, at boutiques and by phone may change during the subscription period with or without notification to you.
Conditions of Sale also Apply
The general Conditions of Sales automatically apply to any order placed through Machine Plus. These are available at www.Nespresso.com/nz/en/legal (as amended from time to time). In the event of a conflict between the general Conditions of Sale and the conditions related to Machine Plus, these conditions related to Machine Plus will prevail.
Promotions and Exclusions
Customers must be residents of New Zealand, aged 18+ and be new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account
This offer is not available in conjunction with any other Nespresso promotion, offer or discount unless otherwise specified.
Coffee Plus members already on a Coffee Plus Subscription plan will not be able to sign-up to Machine Plus unless they terminate their Coffee Plus Subscription plan first.
New Zealand Consumer Law
These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
A revised version of ‘Coffee Plus’ will launch on the 26th of October 2023. It allows you to automatically reorder and pay for your Nespresso capsules and select additional items based on a chosen frequency, plus benefit from a 10% discount and free standard delivery on recurring orders that meet the required minimum order quantity. Coffee Plus is subject to the conditions below.
Coffee Plus benefits
When you register for Coffee Plus you will automatically be signed up to order and receive deliveries of your choice of Products (as defined below) based on a chosen frequency. Provided your recurring order of Products meets the Minimum Value Threshold (as defined below), you will receive the following benefits:
- 10% discount automatically applied to every Coffee Plus recurring order of Products.
- Free standard delivery of your Coffee Plus recurring order. Delivery is standard delivery.
The ‘Products’ which can be purchased as part of Coffee Plus are Nespresso capsules (excluding limited edition Nespresso capsules) and select accessories (sugar and recycling bags). Machines are not included. Nespresso can amend which products are included as Products in the Coffee Plus plan from time to time.
The ‘Minimum Value Threshold’ is the monetary amount of the minimum order quantity required for free standard delivery as advertised on the Nespresso Website and amended from time to time (excluding special offers). In determining if you meet the Minimum Value Threshold, the calculation is based on Products in your recurring order. At the launch of Coffee Plus the Minimum Value Threshold amount is $75 (seventy-five dollars).
Please note that if you set up a recurring order of Products that is below the Minimum Value Threshold, then that recurring order will not receive the above benefits.
Payment
Payments must be made by credit card, debit card or club credit. If you have club credit on your account and your recurring order is set-up online, your next order/s will first use your existing credit. Once your credit is fully used, your other choice of payment (credit card, etc.) will take over as primary form of payment for subsequent recurring orders. Payments made in boutique require credit card payment for the first order. You may change your primary form of payment at any time by logging into your Nespresso account online at https://www.nespresso.com/nz/en.
All recurrent orders will be billed to your chosen method of payment on the day of shipment.
In the event that your primary method of payment cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
Modification And Cancellation by you
You are entitled to cancel your Coffee Plus order(s) or modify the Product(s) basket, the frequency or any customer detail at any time free of charge. Any modification must comply with the conditions of the Coffee Plus offer including that your Coffee Plus recurring order of Products meets the Minimum Value Threshold, to receive the benefits of Coffee Plus.
Cancellations and modifications can be made with your Nespresso account online at https://www.nespresso.com/nz/en.
Any orders that have started to be processed before the cancellation or modification will be dispatched by us and you must pay us for that delivery.
“Your Order Will Soon Ship” Notification
4 days before your recurrent order is due to be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock.
Out Of Stock
If one of your Product(s) included in your recurrent order is out of stock around the time your order is due to be shipped, we will notify you of the out of stock. We will place your order on hold, you can then call us on 1800 623 033 to change your Coffee Plus recurring order to include available Products.. Alternatively, when the out of stock products become available, then we will send you your order. We may also contact you to assist you with updating your Coffee Plus recurring order.
Promotions
You will have the opportunity to benefit from promotional offers specifically relating to Coffee Plus. These Coffee Plus specific promotions will not be applicable to any order made outside a Coffee Plus plan. With your Coffee Plus plan, you may also have the possibility to benefit from ongoing general campaigns and promotions only if your Coffee Plus order is ready to be processed and meets the promotion eligibility at the time of the promotion. To ensure you benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your Coffee Plus order.
Exclusions
Machine Plus members already on a Machine Plus subscription plan will not be able to sign-up to Coffee Plus unless they terminate their Machine Plus Subscription plan first. Prior to any termination of a Machine Plus Subscription plan, members should check to see if an early termination fee may apply.
Amendments and cancellation by Nespresso
We may at any time amend the terms of this agreement (including without limitation the ‘Products’ and the ‘Minimum Value Threshold’) or cancel this plan, by notice on the Website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. If you do not want to proceed with the Coffee Plus plan with the proposed amendment, then you can exercise your right to cancel this agreement at any time (which is free of charge).
Price Changes
We may increase prices of Products during your Coffee Plus plan. If the prices of capsules increases you will be notified by email before your next order.
Conditions of Sale also apply
The general Conditions of Sales automatically apply to any order placed through Coffee Plus. These are available at https://www.nespresso.com/nz/en/legal (as amended from time to time). In the event of a conflict between the general Conditions of Sale and the conditions related to Coffee Plus, these conditions related to Coffee Plus will prevail.
New Zealand Consumer Guarantees Act
These terms and conditions do not exclude or limit the application of any statutory provision (including the Consumer Guarantees Act 1993) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
A new version of ‘Easyorder’ is being launched called ‘Coffee Plus’ which allows you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency, plus benefit from free sleeves of coffee with orders of 90 capsules accumulative.
The General Conditions of Sales automatically apply to any order placed through Coffee Plus. In the event of a conflict between the General Conditions of sale and the conditions related to Coffee Plus, the conditions related to Coffee Plus will prevail.
“Your Order Will Soon Ship” Notification
4 days before your recurrent order is due to be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any Product is out of stock.
Payment
Payments shall be made by credit card. All recurrent orders will be billed to your credit card on the day of shipment.
In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
Modification And Cancellation
You are entitled to cancel your Coffee Plus order(s) or modify the Product(s) basket, the frequency or any customer detail at any time free of charge.
In the event that you cancel your Coffee Plus order before or while your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the Product(s) to return the order in accordance with the present General Conditions of Sale.
Out Of Stock
If one of your Product(s) included in your recurrent Coffee Plus order is out of stock at the moment of the “your order will ship soon” notification, we will notify you in this notification and will still ship your other product(s) at your requested frequency, unless the order is cancelled by you.
You will not be charged for any Product(s) which is out of stock.
However if the size of the order falls below the minimum capsule amount (50 capsules), the order will be put on hold and Out of stock notification will be sent to you.
Promotions
You will have the opportunity to benefit from promotional offers specifically relating to your Coffee Plus order. These Coffee Plus specific promotions will not be applicable to any order made outside a Coffee Plus order.
With your Coffee Plus, you will also have the possibility to benefit from ongoing general campaigns and promotions only if your Coffee Plus order is ready to be processed and meets the promotion eligibility at the time of the promotion. To ensure you benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your Coffee Plus order.
Ongoing benefit
You will have the opportunity to benefit from a free sleeve of coffee for every order you place of 90 capsules or more. You will be able to choose your free sleeve when you set up your Coffee Plus order with Nespresso, and your selected free sleeve will be automatically added to your order once it equals or exceeds the 90 capsules threshold.
The selection of free coffee sleeves has been pre-selected by Nespresso and cannot be swapped for any other coffee that is not on the Coffee Plus free coffee sleeve list. Your free sleeve of coffee will be delivered free of charge with your order, as long as your order reaches the minimum threshold of 50 capsules.
Exclusions
Coffee Plus is not available to new Machine Subscribers. Members already on a Coffee Subscription plan will not be able to sign-up to Coffee Plus unless they terminate their Coffee Subscription first. Coffee Subscribers who leave the coffee subscription programme and move to Coffee Plus will not be able to sign-up to Coffee Subscription once their Coffee Subscription plan is terminated.
Coffee Subscription Transfers to Coffee Plus
If you cancel your Coffee Subscription and set up a recurring order as per the Coffee Plus programme, your next order/s will first use your existing credit. Once your credit is fully used, your other choice of payment (credit card, etc.) will take over as primary form of payment.
1. Name
Nespresso Gift Card (“the Card”)
2. Promoter
The Promoter is Nespresso New Zealand a division of Nestlé New Zealand Ltd at Level 3, 12-16 Nicholls Lane, Parnell, Auckland 1010, New Zealand.
3. Website
www.nespresso.com.nz
4. Eligibility Criteria
Customers must:
- Be residents of New Zealand;
- Be aged 18+; and
- Be a new or existing Nespresso Club Members.
5. Use
(i) You may only use the Card to make purchases in person at Nespresso boutiques or by telephone through the Nespresso Customer Relationship Centre on 0800 234 579, or by redeeming online at the Website. To use the Gift Card online and through the Nespresso Customer Relationship Centre you must be or become a Nespresso Club Member.
(ii) To use the card in boutiques you must present it at a boutique. To use the card online you will need to insert the 4 digit pin stated on the card. To use the card by calling by phone you will need to recite the bard code on the gift card as well as the 4 digit pin.
(iii) When you use the Card, the dollar value of your purchase will be deducted from the balance on the Card. Any remaining balance on the Card will not be provided in cash, however, it can be applied to future purchases before the Expiry Date.
6. Value
The value of the Card is noted on the card itself. The Card can have a maximum value of NZ$500 and a minimum value of $20. You can check the value of the Card on the Website or by calling the Nespresso Customer Relationship Centre on 0800 234 579.
7. Expiry Date
The Card will expire three years from the date of issue. After the Expiry Date any unused balance on the Card will be forfeited.
You can check the expiry date of your Card at the Website or by calling the Nespresso Customer Relationship Centre on 0800 234 579.
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8. Other conditions
(i) Non-Exchangeable: The Card cannot be exchanged for cash.
(ii) Once the Card has been used in full it can be disposed of and cannot be reloaded.
(iii) Cardholder responsible: The Cardholder is responsible for the use of the Nespresso Gift Card. In the case of loss, theft or in the event the Nespresso Gift Card has passed its expiry date, Nespresso Gift Cards will not be re-issued with any remaining balance.
(iv) Tampering: If the Promoter suspects that the Card has been tampered with, the Promoter reserves the right to refuse to accept and cancel the Card. Should this occur, the remaining value of the Card will be forfeited.
(v) Amendments: We may at any time amend the terms of this agreement by notice on the website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. If you can demonstrate that the proposed amendment will have more than a minor detrimental impact on you, we may either delay or waive the amendment or offer you the right to early termination of the agreement without incurring additional fees or charges.
(vi) The Card will also be subject to our Terms & Conditions of Sale, which are available at www.nespresso.com/nz/en/legal (as amended from time to time).
(vii) Privacy: Nespresso collects claimants’ personal information in order to conduct the Offer. All personal details are kept in accordance with the Nespresso Privacy Policy. Visit www.nespresso.com/nz/en/legal to access the Nespresso Privacy Policy.
(viii) Consumer Guarantee: These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Consumer Guarantees Act 1993 [NZ] where to do so would contravene that statute or cause any part of these terms and conditions to be void.
(ix) The card cannot be used to withdraw cash at ATMs or at Eftpos terminals. It can also not be used in conjunction with any Nespresso cash-back promotions.
(x) The Card cannot be used to redeem Nespresso products outside of New Zealand.
(xi) Resale of the Card is strictly prohibited.
(xii) We reserve the right to place a stop on your Card if you report that your Card has been lost or stolen or we believe (or reasonably suspect) that you have used your Card or will use your Card contrary to these Terms and Conditions.
(xiii) You are responsible for the Card, and are liable for all transactions made using the Card.
1. Product:
Nespresso Coffee Subscription Service.
2. Promoter:
The Promoter is Nestlé New Zealand Ltd. ABN 77 000 011 316 trading as Nespresso New Zealand of Level 3, 12-16 Nicholls Lane, Parnell, Auckland, NZ 1010
3. Website:
www.nespresso.com/nz/en/coffee-subscription-box
4. Participating Retailer:
Selected stores in New Zealand that sell the Subscription by Nespresso Card.
5. Term:
The Nespresso subscription plan will go on as long as you continue to make payments. It can be cancelled at any time without any penalties for you.
6. Eligibility Criteria:
Customers must be residents of New Zealand, be aged 18+; and be a new or existing Nespresso Club Members. There is a limit of one Nespresso subscription plan per Nespresso Club Membership account (“the Claimant”).
7. Claim Method:
To subscribe, the Claimant must:
(i) Purchase a Nespresso Subscription card at a Participating Retailer;
(ii) Go to the Website and click on the dedicated link to the in-trade subscription plan or visit a Nespresso boutique;
(iii) Choose a plan and use the redeemable code towards the payment of the first Monthly or Bi-Monthly Fee ; and
(iv) Indicate their agreement to these terms and conditions.
8. Monthly and Bi-Monthly Plans:
(i) Pay $50 bi-monthly and receive $55 coffee credit for you to use every 2 months plus receive free standard shipping on the bi-monthly order; or
(ii) Pay $50 a month and receive $55 coffee credit for you to use every month plus receive free standard shipping on the monthly order; or
(iii) Pay $75 a month and receive $82.50 coffee credit for you to use every month plus receive free standard shipping on the monthly order.
9. Fees:
(i) The Nespresso subscription plan has a fixed cost, which will be charged through a monthly fee or bi-monthly fee (“Fee”). The Fee varies depending on the subscription plan the Claimant selects.
(ii) The first Fee will be paid in-store at the time of purchase of the Subscription Card at the participating retailer. However, you will also be required to pay an initial $1 nominal fee on your credit card (to set up ongoing subscription payments) and this fee will be returned to you in the form of a $1 discount on your next Nespresso order.
For example, if you choose a $50 plan, using the Promotion Code on the card, $50 will be deducted from your initial monthly plan. You will then be charged a nominal $1 fee on your credit card (to set up future subscription payments) and this $1 fee will be refunded to you in the form of a $1 discount on your next Nespresso order.
(iii) If you also purchase a coffee machine with your subscription plan, the full price of the machine will be payable in addition to the first Fee. The Fee, and cost of the machine if applicable, are to be paid by credit card. All subsequent Fees will be payable either every month or every two months on the same day of the month as when your subscription was activated.
(iv) In return for the Fee, you can select Nespresso capsules or other products which the Claimant can buy using their Nespresso Coffee Credit on either a monthly basis or a bi-monthly basis, depending on the plan you choose. As a subscriber, you will also receive extra Nespresso credit at no charge to you.
10. Credit conditions:
(i) On either a bi-monthly or monthly basis you will receive Nespresso Credit that you can use to purchase Nespresso coffee or accessories (for example) at Nespresso.com, by phone or in a Nespresso Boutique. The credit will be added to a Nespresso Club Membership that is linked with your membership within 5 business days of receipt of the Fees.
(ii) Your credit will remain on your account for 12 months after termination. Any unused credit at the end of this period will be automatically converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso Credit by logging into your account on www.nespresso.com.
(iii) Nespresso Credit is non-transferable and may not be exchanged for a cash equivalent.
(iv) The coffee credit does not need to be used in a full single transaction each month. Therefore, it is possible to use the credit in multiple occasions in the one month.
11. Termination:
(i) You can terminate your subscription at any time. You may do so by accessing your my account/my subscriptions section on Nespresso.com, by contacting our Customer Relationship Centre at 0800 234 579 or by visiting a Nespresso Boutique. You will not be entitled to a refund for any Fees already paid at the date of termination.
(v) After Termination, Your credit will remain on your account for 12 months. Any unused credit at the end of the Term will be automatically be converted to Nespresso capsules and sent to you. You can check your current balance of Nespresso Credit by logging into your account on Nespresso.com.
12. Other Conditions:
(i) Delivery: Free standard delivery is included with the minimum order of 50 Nespresso capsules. A delivery which only contains accessories will attract a delivery fee.
(ii) Failed Payments: If you fail to pay the Fee when due, Nespresso’s automated system will reattempt again until successful for two consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months. If payment is still outstanding for 2 months, Nespresso may treat this as your giving notice of termination.
(iii) Amendments: We may at any time amend the terms of this agreement by notice on the website or by email to you. Where an amendment could be reasonably expected to adversely affect you, we will give you reasonable notice of the variation having regard to the nature of the amendment. If you can demonstrate that the proposed amendment will have more than a minor detrimental impact on you, we may offer you the right to early termination of the agreement without incurring additional fees or charges.
(iv) Terms of sale also apply: Your subscription offer will also be subject to our Terms & Conditions of Sale, which are available at www.nespresso.com/nz/en/legal (as amended from time to time).
(v) Packaging rule & cash spends: Packaging rules apply for sale on Nespresso.com and the mobile application, which means that you will have to purchase capsules in quantities of 50. In some instances, the value of your purchase could be more than the value of the credit available on your Nespresso account which could result in your credit card being charged for the difference, should this occur – this will be made clear to you before check-out. This rule does not apply to purchases made in a Nespresso Boutique or pop-up store.
(vi) Security Checks: To ensure that your credit, debit or charge card is not being used without your consent, we reserve the right to validate name, address and other personal information supplied by you during the order process against appropriate third party databases. We also reserve the right to perform a credit check. By accepting these terms and conditions you consent to such checks being made.
(vii) Use with other offers: This Offer is not available in conjunction with any other Nespresso promotion, offer or discount unless otherwise specified.
(viii) Privacy: Nespresso collects claimants’ personal information in order to conduct the Offer. All personal details are kept in accordance with the Nespresso Privacy Policy. Visit www.nespresso.com/nz/en/legal to access the Nespresso Privacy Policy.
(ix) New Zealand Consumer Law: Our goods and services come with guarantees that cannot be excluded under the New Zealand Consumer Law. For major failures with a service you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage or damage from a failure in the goods or service.
(x) Tampering: The Promoter reserves the right to terminate the subscription plan if any individual tampers with the subscription process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of the fees owing under this subscription.
(xi) Technical malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion to modify the Promotion.
(xii) Exclusion: Employees of the Promoter and their immediate family members are ineligible to avail of this offer.
(xiii) Returns of Subscription Card. Subscription card returns are subject to participating retailer return policies. Except if required under law, cards cannot be returned if the silver panel has been removed. Claimants can use the code to set up a subscription, they can place a coffee order and they are then free to cancel the subscription at any time (after order has been received) without financial penalty.
Definitions
1. In these terms:
Nespresso means Nespresso New Zealand a division of Nestlé New Zealand Ltd at Level 3, 12-16 Nicholls Lane, Parnell, Auckland 1010, New Zealand and its officers, employees, and agents.
You means the company/organisation which is registering the location for participating to the Nespresso Bulk Recycling Program
Nespresso Recycling Collection Point means a site which you have nominated for publication by Nespresso as place freely accessible to the public, during operating hours, for the recycling of used aluminium coffee capsules.
Nespresso Bulk Recycling Program means the application and participation in the Nespresso Used Capsules Public Drop-off Map.
Trading hours means the hours which you publicly promote as the operating hours to which your site(s) are freely accessible to the public.
Collection Resources and Materials means any materials provided by Nespresso for the purposes of collecting, storing, returning the Nespresso Bulk Recycling Program.
2. Nespresso Used Capsules drop-off map
When Nespresso accepts your completed online participation form, you become a Nespresso Recycling Collection Point that will be published by Nespresso on the Nespresso Used Capsules Drop-off Map as a place where the public can freely recycle their used aluminium coffee capsules. Participation to the Nespresso Bulk Recycling Program is non-transferable. It is your responsibility to keep Nespresso updated of details change by using the relevant online form.
Please advise your staff that the Nespresso bulk recycling box is intended for the collection of used aluminium coffee capsules only.
3. Access and placement of recycling receptacle
The Nespresso bulk recycling boxes are to be placed in a secure and sheltered location that is accessible by the public and your staff, and should not be placed where it will obstruct an exit.
Store the Nespresso bulk recycling box and capsules in a manner that avoids loss/damage, ensuring that the Nespresso bulk recycling boxes are protected from traffic, weather and unauthorised removal/disposal. Where the Nespresso bulk recycling boxes and capsules are stored prior to collection, ensure storage areas are regularly inspected to ensure proper handling of Nespresso bulk recycling boxes and capsules, traceability and no losses.
Members of the public accessing your location should not be required to make a purchase or pay an entry fee when accessing your location solely for the purpose of recycling their used aluminium coffee capsules. Access is during your usual trading hours.
4. Returning used capsules
Return used aluminium coffee capsules in the supplied Nespresso bulk recycling box. Where practicable return multiple boxes in one shipment.
You agree to prepare your filled Nespresso bulk recycling box for collection by sealing the box liner with the provided cable tie and taping both the lid and bottom of the box. Free pick-up of the filled Nespresso bulk recycling box should be done using the portal located on our website.
You agree to ensure there is a process in place to deal with any potential overflow of used aluminium coffee capsules and to avoid capsules being lost through incorrect disposal. You agree to contact Nespresso when assistance is required for avoiding loss of capsules through incorrect disposal.
5. Collection Resources and Materials
All Collection Resources and Materials provided by Nespresso to You for the purposes of this participation in the Nespresso Bulk Recycling Program remains the property of Nespresso and You must return all such resources and materials to Nespresso on the termination of your participation.
6. Ownership of collected used Nespresso aluminium capsules
All materials placed in a Nespresso bulk recycling box becomes the property of Nespresso. You must not collect on behalf of Nespresso for any other purpose other than recycling. All materials collected must not be reused, resold or removed from the Nespresso bulk recycling box. You are obliged to send all materials placed in a Nespresso bulk recycling box to Nespresso.
7. Safety
You must comply with the requirements of all relevant codes, regulations, rules and industry practice in relation to safety. You warrant that you have an effective occupational health and safety policy in place.
8. Do not return leaking packages
If leaking is occurring or boxes are damaged and not suitable for transporting using the Nespresso courier, safely repack the materials using a new plastic liner and box. Do not return Nespresso bulk recycling box if there is a likelihood it will leak in the courier’s delivery network.
Ensure safe lift techniques are used when moving filled Nespresso bulk recycling boxes.
Wear gloves and a mask when handling used aluminium coffee capsules that have been stored for some time. Wash hands after handling.
9. Term
These terms and conditions apply until either party chooses to terminate in accordance with clause 10 of these terms and conditions.
10. Ending your participation in the Nespresso Used Capsules drop-off map
Nespresso may terminate your participation to the Nespresso Bulk Recycling Program at any time. You may request to leave the Nespresso Bulk Recycling Program at any time by completing the from “Nespresso Used Capsule Public Drop-Off Map: Update and Leave Request” available on the Nespresso Bulk Recycling Program website. On termination you must return to Nespresso all Collection Resources and Materials and any materials collected on behalf of Nespresso from your location(s)by booking a pick-up of collected recycling using the portal located on our website.
On termination, your location will be removed from the Nespresso Used Capsules Public Drop-off Map.
11. No Payment
You understand that you are participating to the Nespresso Bulk Recycling Program is free of charge and there is no fee or payment due to You in exchange for your participation to the Nespresso Bulk Recycling Program.
12. Intellectual Property
You will not use Nespresso’s intellectual property for any purpose without Nespresso’s prior written consent.
13. Relationship
You must not represent yourself and must ensure that your personnel and subcontractors do not represent themselves, as being personnel or a partner of Nespresso. Participation to the Nespresso Bulk Recycling Program does not create a relationship of employment, joint venture, agency or partnership between the parties and neither party has the authority to bind the other party.
14. Warranties
You warrant that:
- You have the authority to participate into the Nespresso Bulk Recycling Program
- You are able to perform all of your obligations.
- You will comply with all applicable laws in your performance of your obligations.
- You will not knowingly be involved directly or indirectly in any conduct or activity which may; and reasonably harm, damage or diminish the other Nespresso's
15. Liability & Indemnity
You agree to indemnify, and keep Nespresso indemnified the other from and against all claims, proceedings, expenses, costs (including legal costs on a solicitor and own client basis), damages, losses and other liabilities of any kind arising directly or indirectly from any breach of these terms and conditions.
16. Inspections & Audits
You agree to permit Nespresso access to your premises with 2 days’ prior written notice to conduct audits and inspections to verify that the right processes and procedures are in place to ensure that used aluminium coffee capsules are not diverted from their final intended destination.
You agree to regularly inspect both Nespresso bulk recycling boxes and your waste receptacle to be sure used aluminium coffee capsules are properly segregated and recycled.
