GENERAL TERMS AND CONDITIONS OF SALE NESTLÉ POLSKA S.A. NESPRESSO BRANCH IN WARSAW
1. Application of the General Terms and Conditions of Sale
1.1 Unless agreed otherwise in writing, orders for coffee, coffee machines or NESPRESSO accessories (hereinafter jointly referred to as "the Products"), submitted to Nestlé Polska S.A., with a registered office in Warsaw, 02-672, 32 Domaniewska Street, entered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, entry number 0000025166, with the share capital amounting to PLN 42,8 million, paid-up in full, tax identification number NIP 527-020-39-68, NESPRESSO BRANCH IN WARSAW, 32 Domaniewska Street, 02-672 Warsaw (hereinafter referred to as "NESPRESSO"), are governed only by these general Terms and Conditions of Sale (hereinafter referred to as "OWS").
1.2 The general terms and conditions of sale/delivery/purchase etc. applied by the ordering parties - which are different and, in particular, general terms and conditions contradictory with these OWS shall not be respected by NESPRESSO – NESPRESSO does not intend to enter into any agreements subject to the terms and conditions of sale/delivery which are different or contradictory with these OWS.
1.3 OWS are available at the following websites: http://www.nespresso.com/pro/pl/pl/home and http://www.nespresso.com/#/pl/pl and at the premises of NESPRESSO, and also it is possible to receive their scan or printout from NESPRESSO.
1.4 NESPRESSO reserves the right to amend these OWS at any time by publication of new version on the websites referred to in sections 1.3. While placing orders with NESPRESSO for the Products via the Internet, the ordering parties will be requested to confirm their acknowledgement of OWS and the acceptance thereof.
2.1 Orders for the products may be placed:
a) with regard to the offer of Products dedicated to entrepreneurs, available at the following websitehttp://www.nespresso.com/pro/pl/pl/home (hereinafter, respectively, «B2B Offer» and «B2B Website»):
• by telephone, to the following number: +48 22 837 05 57 or free toll number: 0800 41 42 43;
• by fax, to the following number: +48 22 877 46 86;
• by Internet, through the B2B Website;
• by letter, to the following address: Nestlé Polska S.A. Nespresso Branch in Warsaw, 32 Domaniewska Street, 02-672 Warsaw;
b) with regard to the offer of Products dedicated to consumers, available at the following websitehttp://www.nespresso.com/#/pl/pl (hereinafter, respectively, «B2C Offer» and «B2C Website»):
• by telephone, to toll free number: 800 51 52 53;
• by Internet through the B2C website, including mobile applications, if available;
• by letter, to the following address: Nestle Polska S.A. Nespresso Branch in Warsaw, 32 Domaniewska Street, 02-672 Warsaw;
• in one of NESPRESSO Boutiques in Poland.
2.2 For the purpose of ordering the Products through the Internet, it is necessary to register at a selected Website: either B2B or B2C (or both), by providing correct, accurate and complete data required for the purpose of registration, as indicated in the registration process. In the event of a change of the provided data, NESPRESSO should be notified thereof by means of an update of the data at a given Website. At the time of registration at a give Website, the ordering party shall be requested to provide a login and password, which must be maintained in confidentiality and not disclosed to third parties. In the event of a breach of confidentiality, the ordering party shall bear liability for the use of password by third parties and for an order submitted with the use of such password, even though such order is placed without the ordering party's knowledge. In the event that the ordering party gains any knowledge that someone is using his password, the ordering party should immediately notify NESPRESSO thereof. The ordering party may also change the password himself and view a lost of recently-placed orders in the panel of his account.
2.3 By placing an order in one of the methods indicated in section 2.1, the ordering party places a purchase offer for the Products, subject to the terms and conditions specified in OWS.
2.4 A placed order shall not constitute a binding agreement until the time of acceptance of the order for execution by NESPRESSO. In the event of placement of an order through one of the Websites, the confirmation of acceptance of such order for execution takes place through electronic mail, to the email address indicated by the ordering party according to section 2.2. In other cases, it shall be assumed that the order is accepted for execution if NESPRESSO does not refuse to execute the order within 2 working days of the date of receipt thereof. The above provisions shall not apply in the event of exceeding the limits indicated in section 2.5 or in the events described in 2.6.
2.5 NESPRESSO executes orders for Products within the limits of the stock available at a given time and taking into account the limits which, with regard to the products from the B2C Offer, amount to the following: 1000 NESPRESSO capsules in a single order and up to 1500 NESPRESSO capsules per month.
2.6 NESPRESSO reserves the right to refuse to execute the order, in particular in the following cases: in the event that ordered Products are not available, and in the event of a delay of the ordering party with payment of mature invoices, bankruptcy or threatened insolvency of the ordering party. Moreover, NESPRESSO reserves a right to refuse to execute an order placed through the Internet, if the amount due is wrongly calculated by the computer system used to carry out the sale process through the Internet (in particular if the amount calculated by the system is higher or lower than the due amount established according to OWS). In the event of occurrence of one of the aforementioned circumstances, NESPRESSO shall contact the ordering party by telephone, e-mail or fax, for the purpose of determination of terms and conditions of execution of the order.
3. Delivery of the Products
3.1 NESPRESSO shall endeavour to execute the order accepted for execution within up to two working days of the date of receipt of an order, subject to par. 6 section 6.4 second sentence.
3.2 If the ordering party is interested in execution of the order within a time limit other than that resulting from section 3.1, the ordering party should note this fact in the order. Delivery of the Products within a time limit indicated by the ordering party which is shorter than the time limit specified in section 3.1 shall take place solely under the condition that NESPRESSO accepts the order for execution immediately upon the receipt thereof (in this case, the provision of par. 2 section 2.4 one but the last sentence shall not apply) and shall take place at the cost of the ordering party, which will be different than a standard delivery cost, as referred to in par. 5 section 5.4, provided that such cost is first agreed upon with the ordering party.
3.3 Depending on the choice of the ordering party, ordered Products will be delivered by a courier company chosen by NESPRESSO to the address in the territory of Poland indicated by the ordering party or to INPOST parcel posts in the territory of Poland, as indicated by the ordering party in the order, from which they will be collected by the ordering party (this possibility applies only to the Products from the B2C Offer paid in advance by a card or an on-line bank transfer. The ordering party may also collect the ordered Products from one of the NESPRESSO Boutiques in Poland. Delivery outside the borders of Poland shall require individual arrangement with NESPRESSO, as to the date and costs thereof.
3.4 NESPRESSO shall not bear any responsibility for imprecise or wrong indication in the order of the details concerning the place of delivery and for the consequences thereof.
4. Inspection of the Products
4.1 The ordering party shall be obliged to inspect the condition of the Products from the point of view of their quantity and quality (visible damages) at the time of delivery thereof by a courier company and shall be obliged to mark any identified quality faults or any visible damages to the Products on the delivery document which should be confirmed, also on the delivery document, by a person effecting the delivery and a relevant claim should be submitted to NESPRESSO in this regard within 7 days of the delivery date. No information about any identified quality defects or visible damages to the Products on the delivery protocol, confirmed by the person effecting the delivery, may entail a refusal to accept the claim by NESPRESSO, upon consideration of all the circumstances of the matter. In the event of deliveries of the Products to INPOST parcel posts, the inspection of the condition of the delivered Products and submission of any claims shall take place subject to the terms and conditions of the rules of rendering 24/7 Parcel Box services by INPOST sp. z o.o., available at the B2C Website.
5. Prices, costs of delivery and purchase confirmation documents
5.1 Products shall be delivered at the prices applicable at the time of submission of the order, deriving from the NESPRESSO price list applicable as of the date of submission of the order, as published at the B2B Website or the B2C Website, provided that as far as the prices deriving from the current NESPRESSO price list are concerned and available at the B2B Website, they shall be net prices, to which a VAT tax shall be added at a binding value, and as far as prices are concerned deriving from the current NESPRESSO price list available at the B2C website, they shall include VAT at the binding rate.
5.2 The price to be paid shall constitute: a product of multiplication of the quantity and type of ordered Products and the binding unit price of individual Products. An exact price to be paid and the delivery cost will be provided before the placement of an order, and also in each case they will be confirmed by the proof of purchase attached to the ordered Products.
5.3 The prices of the Products shall be each time increased by the gorss cost of the delivery of the Products.
5.4 The delivery cost of the ordered Products shall depend on the method of submission of the order, type and quantity of the order and the form of delivery selected by the ordering party:
a) Internet order:
• delivery at the cost of NESPRESSO with: (i) an order for 100 and more NESPRESSO capsules or NESPRESSO coffee machine from the B2B Offer; (ii) an order for 200 and more NESPRESSO capsules or NESPRESSO coffee machine from the B2C Offer; (iii) own collection at one of NESPRESSO Boutiques in Poland;
• in other cases, delivery at the cost of the ordering party, which shall amount to: (i) gross PLN 8 in the case of an order for Products from the B2C Offer and their delivery to INPOST parcel box; (ii) gross PLN 10 in the case of orders for the Products from the B2C Offer and their delivery trough a courier company; (iii) gross PLN 20 in the case of an order for the Products from the B2B Offer.
b) telephone, fax or letter orders:
• delivery at the cost of NESPRESSO with: (i) an order for 300 and more NESPRESSO capsules or NESPRESSO coffee machine from the B2B Offer (ii) own collection at one of the NESPRESSO Boutiques in Poland;
• in other cases, delivery at the cost of the ordering party, which shall amount to: (i) gross PLN 8 in the case of an order for Products from the B2C Offer and their delivery to INPOST parcel box; (ii) gross PLN 10 in the case of orders for the Products from the B2C Offer and their delivery trough a courier company; (iii) gross PLN 20 in the case of an order for the Products from the B2B Offer.
5.5 NESPRESSO reserves the right to unilaterally change the price list and costs of delivery by announcement of a new price list/costs of delivery at the B2B or B2C Websites (always the price binding on the date of placement of the order shall be applied).
5.6 Together with the Products, NESPRESSO shall deliver to the ordering party, in the cases specified in separate provisions - a VAT invoice or a fiscal receipt.
5.7 NESPRESSO shall not offer any discounts, rebates or reductions for the volume of submitted orders.
5.8 In the event of orders for Products with a delivery date outside the territory of Poland, the ordering party shall be an importer and must comply with all the legal provisions binding in the state of delivery of the Products. The ordering party may be subject to customs duties and import taxes levied at the time of delivery of the Products. Any fees connected with the customs clearance shall be borne by the ordering party and the ordering party shall be obliged to individually establish the binding charges and their value. NESPRESSO suggests that in such cases the ordering party should first contact the relevant customs office. NESPRESSO shall not bear any liability if the ordered Products are not consistent with the provisions of the country of delivery, including electric or other incompatibility of the Products.
6. Payment of the price
6.1 Depending on the ordering party's choice, the price of the Products and costs of delivery shall be payable in one of the following manners: a) the payment card (payment at the time of submission of an order by telephone or through the Internet, or at one of the NESPRESSO Boutiques in Poland), b) by means of an on-line bank transfer (payment at the time of placement of an order by telephone or through the Internet), c) by cash (payment at the time of collection of ordered Products at the address indicated by the ordering party, to the hands of the courier effecting the delivery or at one of the NESPRESSO Boutiques in Poland), d) in the cases individually agreed upon with NESPRESSO, with regard to orders submitted by telephone, a possibility exists to pay the price and costs of delivery by means of a bank transfer with extended payment terms (then NESPRESSO shall specify the agreed-upon payment date in the issued invoice).
6.2 Payment by means of a card shall be immediately mature and payable. A card of the ordering party shall be codes for the security reasons. The following payment cards shall be accepted: Visa, MasterCard.
6.3 Payment by means of an on –line bank transfer shall be available through the following systems of Internet payments: Przelewy 24, eCard.
6.4 The payment by means of a card or an on-line bank transfer at the time of placement of an order through the Internet shall take place according to the rules specified at B2B or B2C Websites. The shipment of the Products shall take place upon the receipt of payment by NESPRESSO.
6.5 Payment by means of a transfer should take place to the bank account of NESPRESSO indicated at the B2B or B2C Website or on a document confirming the purchase. The payment date shall be deemed to be the date of crediting the bank account of NESPRESSO with the amount specified in the purchase confirmation document.
6.6. In the event of a delay in payment, interest shall be calculated at a statutory value, including, with regard to entrepreneurs - interest calculated according to the Law of 8 March 2013 on payment terms in commercial transactions (Journal of Laws of 2013, item 403, as amended).
7. A right to terminate the agreement by ordering parties which are consumers
7.1 The ordering party which, acting in the capacity of a consumer, enters into a long-distance agreement (through the Internet, by telephone, by fax or by letter), may, within 14 days of the date thereof, withdraw therefrom without providing any reasons and without incurring any costs, with an exception of the costs referred to below. The period for withdrawal from the agreement shall start to take its course for the agreement, in execution whereof NESPRESSO hands out the Products, being obliged to transfer the ownership title thereto - from the time of take over of the possession of the Products by a consumer or a third party indicated by such consumer, other than the carrier. Information concerning the exercise of the right to withdraw from the agreement constitutes attachment no. 1 to these Rules.
7.2. A consumer may revoke the agreement by providing NESPRESSO with a statement of revocation of the agreement. The statement may be submitted on the form constituting attachment no. 2 to these Rules which shall be delivered to the consumer together with the Products. For the purpose of keeping the deadline referred to in section 7.1, it shall be sufficient to send the statement before the lapse thereof, to the address indicated in par. 1 section 1.1.
7.3 The right to terminate the agreement shall not be vested in the consumer with regard to agreements where the object of the delivery is an item in a sealed packaging, which, after the opening of the packaging, may not be returned due to health or hygienic reasons, if the packaging is opened after delivery.
7.4. In the event of revocation of an agreement concluded remotely, such agreement shall be deemed not to be concluded. If the consumer submits a notice on revocation of the agreement before NESPRESSO accepts the order, the offer ceases to be binding.
7.5. NESPRESSO is obliged to, immediately and no later than within 14 days of the date of receipt of the consumer's statement on revocation of the agreement, return to the consumer all payments made by the consumer, including the costs of delivery of the Products. NESPRESSO shall return all payments using the same payment method as that used by the consumer unless the consumer expressly agrees to another form of return of the money, as long as this is not connected with any costs for the consumer. Unless NESPRESSO suggests to collect the Products itself from the consumer, it may wait with the return of the payments received from the consumer until the time of receipt of the returned Products or until the time of delivery by the consumer of the proof of dispatch thereof, depending on which of the above events occurs first. If the consumer selects a method of delivery of the Products other than the cheapest, ordinary method of delivery offered by NESPRESSO, NESPRESSO shall not be obliged to return to the consumer the additional costs incurred by the consumer.
7.6. The consumer shall be obliged to return the Products to NESPRESSO or transfer the same to a person authorized by NESPRESSO for such collection, and such return should be dome immediately, and in no event later than within 14 days of the date on which the consumer terminates the agreement, unless NESPRESSO suggests that it will collect the Products itself. For the deadline to be maintained, it shall be sufficient to send the notification before the expiry thereof. The consumer shall bear only direct costs of the return of the Products, unless NESPRESSO agrees to bear such costs or fails to notify the consumer of a necessity of incurring such costs. The consumer shall bear liability for a decrease in the value of the Products which results from the use thereof in a manner exceeding the scope necessary for the determination of the character, features and functioning of the Products.
8. Liability for defects of the Products, guarantee concerning the delivered NESPRESSO coffee machines and post-sale service
8.1. NESPRESSO shall be obliged to deliver products free from any defects. NESPRESSO shall bear liability for any defects according to the rules specified in the Civil Code.
8.2 NESPRESSO coffee machines shall be covered by the guarantee, under which the guarantor (NESPRESSO or another entity) ensures proper operation of NESPRESSO coffee machines and no material or workmanship defects, and undertakes to repair the same free of charge. The guarantee period shall amount to, depending on the type of Coffee Machine, 12 months or 24 months from the date of sale. Repair shall be performed by authorized NESPRESSO service. The deadline for such repair shall be 14 working days from the date of delivery of the coffee machine to the authorized NESPRESSO service station or 21 working days from the date of delivery of the coffee machine to the place of purchase thereof. The guaratee shall operate in the territory of Poland. Detailed terms and conditions of the guarantee and the cases of defects which are not covered by the guarantee (e.g. mechanical damage and defects caused by it, damages resulting from the use which is in contradiction with the instruction manual, maintenance and storage and defects caused thereby, defects caused by a failure to maintain the coffee machine in cleanliness, failure to remove scale) shall be specified in the guarantee card delivered together with the NESPRESSO coffee machine to which it applies.
8.3 In all matters concerning operation, maintenance and service of NESPRESSO coffee machines purchased from NESPRESSO, NESPRESSO should be contacted at 0 800 51 52 53 (free toll telehone) or 022 877 46 89.
8.4 Claims concerning sale of NESPRESSO Products, including NESPRESSO coffee machines may also be lodged by letter to the address indicated in par. 1 section 1.1., through the form available at the B2C or B2B Website, in the CONTACT section or at telephone numbers indicated in the guarantee card.
8.5 Claims under the warranty and guarantee submitted/raised by the ordering parties shall be considered subject to the rules specified by the binding provisions of law, taking into account the above provisions.
8.6 The ordering party may exercise the rights deriving from the warranty for physical defects regardless of the rights deriving from the guarantee. The exercise of the rights deriving from the guarantee shall not prejudice the liability of NESPRESSO under the warranty.
9. Personal Data Protection
9.1. Personal data obtained by NESPRESSO in connection with execution of orders for the Products shall be processed solely for the purposes connected with the execution of the agreement for the benefit of the ordering party or in order to fulfil the legally-justified goals implemented by NESPRESSO, acting in the capacity of a data administrator, unless the ordering party grants its consent to the processing of its personal data by NESPRESSO, also for other purposes, including marketing purposes. The provision of the data shall be voluntary. Persons providing their data shall have a right of access to their data and a right to correct the same.
9.3 The administrator of the aforementioned data shall be Nestle Polska S.A., with a registered office in Warsaw, 02-672, at 32 Domaniewska Street, Nespresso Branch in Warsaw, 32 Domaniewska Street, 02-672 Warsaw. The data administrator may entrust another entity, subject to the terms and conditions specified in the provision of Art. 31 of the aforementioned Law, by way of an agreement concluded in writing, with the processing of personal data for the purposes and within the scope specified in section 9.1.
10. Liability, final provisions
10.1 Unless specified otherwise by the mandatory provisions of law, the liability of NESPRESSO for non-performance or undue performance of the Product sale/delivery agreement shall be limited to the net value of the ordered Products, and liability of NESPRESO for indirect, consequential and secondary damages (even if NESPRESSO is aware of a possibility of occurrence thereof), which may arise in connection with the Products, their use, sale or utilization by the Parties shall be excluded.
10.2 NESPRESSO shall not bear any liability for non fulfilment or improper fulfilment of its liabilities caused by circumstances which are beyond control of NESPRESSO, in particular circumstances of the nature of force majeure.
10.3 OWS shall be governed by the laws of Poland. In all matters not governed by these OWS the provisions of the Polish law shall apply, and in particular the provisions of the Civil Code. The jurisdiction of Polish courts shall apply.
ATTACHMENT NO. 1 INFORMATION CONCERNING THE EXERCISE OF THE RIGHT TO TERMINATE THE AGREEMENT
1. You have a right to terminate this agreement within 14 days without giving a reason.
2. The right to terminate the agreement shall expire after the lapse of 14 days of the date on which you take the possession of the items or on which a third party, other than the carrier and other than indicated by you, takes the possession of the items.
3. In order to exercise the right to terminate the agreement, you must inform us, i.e. NESTLE Polska S.A. NESPRESSO Branch in Warsaw, 32 Domaniewska Street, 02-672 Warsaw, about your decision on termination of this agreement by means of a clear statement (a letter sent by post).
4. You may use the form of termination notice received together with the item or printed from the Internet website: http://www.nespresso.com/pro/pl/pl/home or http://www.nespresso.com/#/pl/pl but this is not obligatory.
5. For the deadline for termination of the agreement to be kept, it is sufficient for you to send information concerning the exercise by you of a right to terminate the agreement before the lapse of the deadline for termination of the agreement.
6. Consequences of termination of the agreement. In the event of termination of this agreement, you will be reimbursed for all payments made by you, including the costs of delivery of the items (with the exception of additional costs deriving from the method of delivery selected by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to terminate the agreement. The return of payment shall be made with the use of the same payment method as that used by you in the original transaction, unless you expressly agree to another solution; in any case, you will not incur any costs connected with such return. We may suspend the return of payment until the receipt of the items or delivery to us of a proof of dispatch thereof, depending which of those events occurs first.
7. We collect the item. You will be responsible only for a reduction in the value of the item deriving from the use thereof in a manner other than that necessary for determination of the character, features and functioning of the items.
ATTACHMENT NO. 2 DRAFT FORM OF TERMINATION NOTICE
(this form must be completed only in the event that you are willing to terminate the agreement) - Addressee: NESTLE Polska S.A. NESPRESSO BRANCH IN WARSAW, 32 Domaniewska Street, 02-672 Warsaw.
- I/We(*) hereby inform you of my/our termination of: - the sale agreement concerning the following items(*) - the delivery agreement concerning the following items(*)
- a contract for the performance of work consisting of the performance of the following things(*)/the rendering of the following services(*)
- Date of entry into the agreement(*)/collection(*) :
- Name of the consumer(s) :
- Address of the consumer(s) :
- Signature(s) of the consumer(s) :
- Date :
(*) cross-off as necessary
Nespresso Consumer Privacy Notice
Effective: [24th of June 2014]
Last Updated On: [24th of June 2014]
Please read this privacy notice carefully to understand our policies and practices regarding your personal information and how we will treat it. By using a Nespresso website or applications, you agree to this notice. If you do not agree to this notice, you must not use our Websites or applications or give us any of your personal information. This notice provides important information in the following areas:
1. SCOPE OF THIS POLICY
2. SOURCES OF INFORMATION
3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
4. COOKIES AND BEACONS
5. USES MADE OF YOUR INFORMATION
6. DISCLOSURE OF YOUR INFORMATION
7. STORAGE AND/OR TRANSFER OF YOUR INFORMATION
8. ACCESS TO YOUR INFORMATION
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
10. CHANGES TO OUR POLICY
This notice may change from time to time (See CHANGES TO OUR POLICY).
For the purpose of the Act on Personal Data Protection, dated 29 of August 1997 with further amendments (the Law), the data controller is Nestle Polska S. A. with its seats in Warsaw, Nespressso Branch, located in 32 Domaniewska Street, 02 – 672 Warsaw .
SCOPE OF THIS NOTICE
This privacy notice (“Notice”) describes the types of information Nestle Polska S. A. with its seats in Warsaw, Nespressso Branch (“Nespresso,” or “we”) may collect from you or that you may provide to us and our practices for collecting, using, maintaining, protecting and disclosing that information. It also tells you how you can access and update your information and make certain choices about how your information is used. This Notice covers both our online and offline data collection activities, including information that we may collect through our various channels such as boutiques, web sites, applications, social media, customer relationship centres, trade corners and events. Please note we may combine information that we collect via one method (e.g., a Nespresso website) with information that we collect via another method (e.g., a Nespresso offline event). Notwithstanding the provisions of this Notice, in some situations we may ask for your explicit and voluntary consent to proces your personal data, if such consent is required by Law.
1. SOURCES OF INFORMATION
This Notice applies to information we may collect from or about our consumers, through the methods described below (INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT), from the following sources: Nespresso Websites. Consumer-directed Websites operated by Nespresso, including sites that we operate under our own domains/URLs and minisites/apps that we run on third party social networks such as Facebook ("Websites"). Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by Nespresso, such as smartphone apps. E-mail, text and other electronic messages. This includes electronic communications between you and Nespresso. Offline registration forms. Printed registration and similar forms that we may collect from consumers such as via postal mail, in-store demos, or events. Call centre registrations. Information that we may collect from consumers through our customer relationship centres (“CRC”) Data from other sources. Information we may obtain about you from other sources.] 2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT Depending on how you interact with Nespresso (online, offline, over the phone, etc.), we may collect from you various types of information, as described below. Personal Contact Information. This includes any information you provide to us that would allow us to personally contact you, such as your name, address, e-mail address or phone number. Account login information. Any information that is required to give you access to your specific account profile. Examples may include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer. Demographic information. Information that you may voluntarily share with us, which describe your demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, geographic location (e.g., zip code), favourite products, hobbies and interests, and household or lifestyle information. Technical information about computer/mobile device. Any information about the computer system or other technological device that you may be using to access one of our Websites or applications 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 application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, geo-location, and other similar mobile device data. Websites usage information. As you navigate through and interact with our Websites, we may 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 page response times, download errors, length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and may also be collected through the use of third party tracking services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site). Consumer feedback. This includes information that you voluntarily share with us about your experience in using our products and services. Social network information. This may refer to particular 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 with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a social network such as Facebook or every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect). However, please note that Nespresso web applications on a social network such as Facebook upload and process only those information from your social network profile which you volutarrily share with the application after having been informed by the application of the purpose of collecting personal data. To learn more about how your information from a third party social network may be obtained by Nespresso (or other third party application developers), please visit the website of the relevant social network. You further acknowledge using your personal information to match information with a social network for advertising purposes. Payment and Financial information. Any information that we need in order to fulfil a sale, 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 do not store payment card information longer than needed by the payment transaction and we are compliant with applicable regulations such as PCI DSS.
3. COOKIES AND BEACONS
4. USES MADE OF YOUR INFORMATION
The following paragraphs describe the various purposes for which we might collect and use your information, and the different types of information that might be collected for each. Please note that not all of the uses below will be relevant to every consumer. Customer service. We may use your information to provide you customer service, including responses to your inquiries. 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, assessing customer’s credit score for the purposes of fraud protection and credit risk reduction, general question, etc.). Contests and other promotions. If you give us your consent for sending you our commercial information via digital means of coomunication, we may use your information to provide you with marketing campaigns or promotions. Some of our promotions may be run on third party social networks. For more information about our contests and other promotions, and how we may process personal data with regard to those contests, please see the official rules or details posted with each promotion. Marketing communications. If you give us your consent for sending you our commercial information via digital means of coomunication, we may use your information to provide you with information about goods or services we feel may interest you (marketing communications), such as email, SMS, and postal mailings. For detailed information on how to modify your preferences about marketing communication, please see sections 8 and 9 below. Third party social networking. We may use your information when you interact with third party social networking features such as ”Like” functions. You can learn more about how these features work, and the profile data we may obtain about you, by visiting the relevant sections of the third party social networks. Website improvement and personalization. We may use your information to improve and personalize your experience on our Websites and applications; to ensure that content from our Websites is presented in the most effective manner for you and for your computer; and to allow you to participate in interactive features, when you choose to do so. This is typically done through automated technologies (such as cookies) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, if you choose so, we might remember your login ID/email address or screen name so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we may also show you specific Nespresso content or promotions that are tailored to your interests. Order fulfillment. We may use your information to process and ship your orders, and to inform you about the status of your orders. This could involve the use of certain personal contact information and payment information- Other general purposes (e.g., website security, internal research). If you give us your consent, we may use your information for other general business purposes, such as to conduct internal marketing and demographic studies; and to measure the effectiveness of advertising campaigns. 5. DISCLOSURE OF YOUR INFORMATION We may share your information with the types of companies or in the situations described below. Third parties are only allowed to access and use your information for the specific tasks they’ve been requested to do and are required to keep your information confidential and secure. We do not rent or sell your information to third party companies for their own marketing use. Companies of our group. Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. Agents and service providers. These are outside companies that we hire to help us run our business (e.g., order fulfilment, payment processing, Website operation, support services, promotions, Website development, CRC, etc.). Credit reference agencies. These companies may help us for the purpose of assessing customer’s credit score where this is a condition of us entering into a contract with said customer, for the purposes of fraud protection and credit risk reduction.
6. STORAGE AND/OR TRANSFER OF YOUR INFORMATION
We use a variety of standard methods (described below) to keep consumer information confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as social networks. Secure operating environments. We store your information in secure operating environments that are protected from the public. We follow generally accepted industry standards to protect personal information. 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 to our Websites. Once we have received your information, we will use strict procedures and security features to prevent unauthorized access. We generally store your information for as long as your account is active with us or as needed to provide you the relevant services, and comply with legal requirements. This means that we may retain your personal information for a reasonable period after you stop using our services or stop using our Websites, despite no commercial explotation will be done once your account is deleted. Measures we expect you to take. It is important for you to also play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal your password to anyone else, you are responsible for keeping this password confidential. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we may provide you in our website community areas. Transfer of your information. The storage as well as the processing of your information as described above, such as uses made of your information or disclosure of your information, may require that your information is transferred to, and/or stored at, a destination outside Poland as well as processed by staff operating in said territory..We store your information in secure data centres located in Switzerland. By accepting the terms of this Policy, or if needed in a particular case, by providing an explicit consent for a given purpose of data collection or proccessing, you agree to such transfer, storing and/or processing.
7. ACCESS TO YOUR INFORMATION
Access to information. The Law gives you the right to access information held about you, the origin of this data and any communication done or planned. Modification of information. You may also have your personal information deleted, corrected or revised by. Please notice that, in certain cases, we may not be able to delete your personal information except by also deleting your user account. Our Websites have a “your account” feature where you may review and edit the information you have provided and you may be given the option to change your communication preferences, including opting-out (please see Advertising, marketing and promotions). You can review and change your personal information by logging into the Websites and visiting your account profile page. Please notice that we require our registered costumers to verify their identity (e.g., login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account. Notwithstanding the foregoing, you may also access, modify or erase you data, as opt-out to any purpose of your data processing by sending us an e-mail at [Nestle Poland S.A. Nespresso Branch in Warsaw, Domaniewska 32 street, 02-672 Warsaw / Poland, e- mail: email@example.com
8. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms provide you with the following control over your information: Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please see COOKIES AND BEACONS above. Advertising, marketing and promotions. If you wish to have your personal contact information used by Nespresso to promote our own products or services, you can opt-in by checking the relevant box located on the registration form or in other place we provide to you. You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. At any moment, you can opt-out by logging into the Websites and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that even if you opt-out from receiving marketing communications, you may still receive administrative communications from us, such as order or other transaction confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements.
9. CHANGES TO OUR NOTICE
If we change the way we handle your information, we will update this Policy. We reserve the right to make changes to our practices and this Policy at any time. Any changes we may make to our Policy in the future will be posted and communicated on our web sites.
To ask questions or comment about this Notice and our privacy practices, contact us at: Nestle Poland S.A. Nespresso Branch in Warsaw, Domaniewska 32 street, 02-672 Warsaw / Poland, e- mail: firstname.lastname@example.org telephone 800 51 52 53.
1. Scope & application
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.
2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.
3.1 Promotions are free to enter and no purchase of any kind is necessary.
3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.
4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize.
4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
4.6 In addition, all travel or holiday prizes are subject to the following:
(a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
(b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
(c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
(d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
(e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
(f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.
5. Personal information
5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
(a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso's Website or other technical means as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
(b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
(c) All Invitations shall nominate the Participant as sender and not Nespresso;
(d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
(e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.
6. Intellectual property
6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person. Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.
7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
7.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.
7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.
NESTLE Nespresso LTD.
Nestle Polska S.A. Nespresso Branch in Warsaw
Domaniewska 32 Street
Registration authority: District Court for Warsaw Capitol City, 13th Economic Division of National Court Registry
KRS number: 0000025166; VAT number: 527-020-39-68