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Legal

  • Terms of Use

    Terms of Use

    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 includes Nespresso’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 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
    4.1 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 (link). Nespresso invites you to read such Privacy Policy carefully before providing us with any such 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 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.
    5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, 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 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. 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. 

  • Privacy Policy

    Privacy Policy

    This is a condensed version of our Privacy Policy. To download the full version, please click here.

    This Condensed Privacy Policy applies to personal information collected by Nestlé New Zealand Limited, including Nespresso (Nestlé). Nestlé has adopted a layered privacy policy format. This document provides you with a succinct overview of how we handle your personal information. To access our full Privacy Policy please select the ‘Full Privacy Policy’ drop down title on this page. 

    This Privacy Policy sets out how Nestlé collects, stores and uses your personal information and how you can access and update your personal information or make a complaint.


    1. How personal information is collected

    This Privacy Policy applies to personal information that Nestlé collects from individuals via a number of sources (including websites and mobile apps, call centre contacts, social networking sites) and, in some instances, from third parties. For full details about the sources from which Nestlé collects personal information, please select the ‘Full Privacy Policy’ drop down title on this page.


    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 

    Nestlé may collect and use your personal information for a number of purposes (including marketing communications, targeted advertising on third party websites and social media sites, to fulfil orders and to respond to consumer queries). For full details of the purposes for which Nestlé uses your personal information, please select the ‘Full Privacy Policy’ drop down title on this page. Please note that you may opt-out at any time from marketing communications, including targeted advertising messages, by following the ‘opt-out’ options provided or by contacting The Nespresso Club on 0800 234579 or online here.


    4. Disclosure of personal information to other parties in New Zealand and overseas 

    Nestlé will not disclose your personal information with any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given us specific permission to do this. We may share your personal information with other related companies in the Nestlé Group, including Nestlé companies in Switzerland, the United Kingdom and Australia. Nestlé may also share your personal information with third parties engaged by Nestlé to provide it with services (including service providers, agents or contractors located in New Zealand and overseas). For full details about Nestlé’s disclosure of personal information to third parties, please select the ‘Full Privacy Policy’ drop down title on this page.


    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 

    You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing here. If the personal information held about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information. For full details regarding how you can seek access to your personal information, please select the ‘Full Privacy Policy’ drop down title on this page.


    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.


    8. Privacy policy updates 

    The full privacy policy and this Condensed Privacy Policy were updated in March 2015. We reserve the right to make changes to this Privacy Policy at any time. We encourage you to regularly review this Privacy Policy to make sure you are aware of any changes and how your information may be used.

  • Conditions of Sale

    Conditions of Sale

    1. DEFINITIONS
    In these Terms:
    “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.
    "Terms" means these terms and conditions of sale.
    “you” means the person(s) purchasing Goods and Services from Nespresso which these Terms accompany.

    2.  APPLICABILITY OF TERMS AND CONDITIONS OF SALE
    2.1 Each order placed with Nespresso by means of the internet shall be governed by these Terms. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms.
    2.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
    2.3 Nespresso reserves the right, at any time, to modify these Terms by giving notice to you or by posting a new dated version on this website. By placing an order after such notice has been given or after Nespresso has posted a new version of these Terms, you agree to be bound by that updated version.

    3. REGISTRATION
    3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
    3.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay. 

    4.  PASSWORD
    4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
    4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
    4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.

    5.  NESPRESSO CLUB MEMBERSHIP
    5.1 When Nespresso accepts your first order for Goods, you automatically become a member of 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 Nespresso Club are correct, complete and remain up to date.

    6. ORDERS
    6.1  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.
    6.2  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.
    6.3  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 available stock of Goods among customers in a fair and reasonable manner.
    6.4 Nespresso offers its products on this website within the limits of its available stock.
    6.5 Nespresso reserves the right to refuse orders whether in whole or in part in its absolute discretion.
    6.6 Your order will not constitute a binding contract unless and until confirmed by Nespresso.
    6.7 Nespresso reserves the right to cancel a contract in case of writing, printing or calculation errors.

    7. RETURNS
    7.1 You must verify your order for Goods upon delivery and you must notify Nespresso within seven days of receipt of any incorrect order.
    7.2 If required by Nespresso, such Goods forming part of the incorrect order must be promptly returned by you to Nespresso.
    7.3 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
    7.4 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. 
    7.5 You cannot refuse to accept Goods merely on the basis of late delivery unless the Goods are not delivered by any expressly agreed date or dates, or if no date or dates were agreed, within a reasonable time.
    7.6 Except as required by law, Nespresso has no obligation to accept Goods returned for any reason. 

    8. DELIVERY AND RECEIPT
    8.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not, to the maximum extent permitted by law and subject to clause 12.2, 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.
    8.2 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.
    8.3 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.

    9. PAYMENT AND INTEREST
    9.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
    9.2 You must pay the price of Goods and Services current at the time your order is placed.
    9.3 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.
    9.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
    9.5 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.
    9.6 Nespresso reserves the right to refuse any new order until any overdue balance has been paid in full.
    9.7 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.

    10. TITLE AND RISK
    10.1 Title in Goods passes to you on payment in full for them.
    10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nespresso’s premises.

    11. MACHINE WARRANTY 
    11.1 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.
    11.2 The manufacturer’s warranty is additional to the guarantees and rights of redress under the Consumer Guarantees Act 1993 (the "CGA").

    12. EXCLUSIONS AND LIMITATIONS
    12.1 To the maximum extent permitted by law, and subject always to clause 12.2:
    (a) Nespresso excludes all implied or statutory representations, warranties or conditions in respect of the Goods or Services;
    (b) Nespresso’s only liability in respect of Goods and Services is as expressly stated in these Terms and all other liability is excluded;
    (c) without limiting 12.1(b), Nespresso has no liability for loss or damage which arises directly or indirectly as a result of this agreement or of any Goods or Services provided under it whether in statute, contract, tort, for negligence or otherwise and whether that damage is direct, indirect, consequential or otherwise including loss of income, profit, business, goodwill or opportunity; and 
    (d) Without limiting the scope of these Terms, 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.
    12.2 You acknowledge and agree that if you are acquiring the Goods or Services in trade or for the purposes of a business, the provisions of the CGA will not apply to such supply, but nothing in these Terms will affect any rights that a person who is a 'consumer' for the purposes of the CGA may have under the CGA.

    13. INDEMNITY
    You indemnify and must keep Nespresso indemnified against all 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.

    14. GENERAL
    14.1 These Terms and any invoice referencing these Terms 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.
    14.2 Clerical errors are subject to correction without notice.
    14.3 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.
    14.4 Nespresso waives a right under these Terms 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. 
    14.5 Without limiting clause 13, you must pay Nespresso all costs and expenses incurred by Nespresso in connection with these Terms 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. 
    14.6 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 pursuant to this clause continues for 30 days or more, either party may immediately terminate this agreement by notice in writing to the other party. 

  • Company Registration

    Company Registration

    Nespresso New Zealand a division of Nestlé New Zealand Ltd
    at Level 3 – Buildings 1&2, Carlaw Park Commercial, 12-16 Nicholls Lane, Parnell, Auckland 1010, New Zealand