2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
6.1 You access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
1. How personal information is collected
2. Kinds of personal information held by Nestlé
Nestlé only collects personal information that is necessary for one or more of its business functions (including your contact details, account login details, website usage details). Nestlé does not knowingly collect personal information from children under 15, even with parental consent. For full details of the kinds of personal information Nestlé may hold about you, please click here to download the full version.
3. The purposes for which personal information is collected and used
4. Disclosure of personal information to other parties in New Zealand and overseas
5. Data storage and security
Nestlé takes all reasonable technical and organisational measures to protect the personal information it holds against loss, unauthorised access, use, modification or disclosure, and against other misuse. When the personal information that we collect is no longer required, we destroy or delete it in a secure manner. For full details regarding Nestlé’s data storage and security, please click here to download the full version.
6. How you may access your personal information and seek its correction
7. How to make a complaint and how complaints will be handled
If you are concerned about a possible interference with your privacy or misuse of your personal information by Nestlé, please contact the Nestlé Privacy Officer in writing here or by contacting The Nespresso Club on to obtain a Privacy Complaint form. It is Nestlé’s policy to handle complaints in a timely, effective, fair and consistent manner. For full details on how Nestlé deals with complaints, please click here to download the full version.
TERMS AND CONDITIONS OF SALE NESPRESSO NEW ZEALAND
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.
3.1 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.
4.1 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 a manufacturer’s warranty of at least 1 year from its date of purchase. Nespresso is not the manufacturer of Nespresso machines 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 9.2:
(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.
11.1 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