Legal information

• Term 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

  SCOPE OF THIS NOTICE

  Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it.
  This Notice explains how your Personal Data is collected, used, and disclosed by Nespresso entities (“Nespresso”, “We”, Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
  This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, third party social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.

  If you fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).

  This Notice provides important information in the following areas:

  1. SOURCES OF PERSONAL DATA
  2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
  3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
  4. USES MADE OF YOUR PERSONAL DATA
  5. DISCLOSURE OF YOUR PERSONAL DATA
  6. RETENTION OF PERSONAL DATA
  7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
  8. ACCESS TO YOUR PERSONAL DATA
  9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
  10. CHANGES TO OUR NOTICE
  11. HOW TO MAKE A COMPLAINT AND HOW COMPLAINTS WILL BE HANDLED.

  1. SOURCES OF PERSONAL DATA This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
  Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
  Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps. E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
  Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”). Nespresso Boutiques. Stores managed by Nespresso.
  Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
  Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
  Data from other sources. Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis) or third party data aggregators engaged to provide us with additional information about our existing consumers.

  2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
  Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below. Nespresso only collects information that is necessary for one or more of its business functions.
  Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
  Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
  Demographic information & interests. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favorite products, hobbies and interests, and household or lifestyle information. Technical information about computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
  Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking.
  Market research & consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
  Consumer-generated content. This refers to any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
  Third party social network information. This refers to any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
  Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
  Calls to CRC. Communications with a CRC will be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
  Children Under 18 – Nespresso does not knowingly collect personal information from children below the age of 18. If we discover that we’ve accidentally collected information from a child we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 18 from a parent or custodian directly.

  3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
  Cookies/Similar Technologies. Please see our Cookie Notice for detailed information on the cookies We use and the purposes for which We use them.
  Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
  Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

  4. USES MADE OF YOUR PERSONAL DATA
  The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

  
  

  What We use your Personal Data for	Our reasons	Our legitimate interests
  Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).	Fulfilling contractual obligations Legal obligations Our legitimate interests	Improving and developing new products and services Being more efficient
  Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can opt out of marketing communications. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions that we may conduct from time to time, please see the official rules or details posted with each contest/promotion.	With your consent (where required) Fulfilling contractual obligations Our legitimate interests	Working out which of our products and services may interest you and telling you about them Defining types of customers for new products or services
  Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.	With your consent (where required) Our legitimate interests	Working out which of our products and services may interest you and telling you about them Defining types of customers for new products or services
  Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We may remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
  Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.	Fulfilling contractual obligations With your consent (where required) Legal obligations Our legitimate interests	Improving and developing new products and services Being more efficient Protect our assets and staff
  Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
  Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.	Legal obligations Our legitimate interests	Compliance with legal obligations Protect our assets and staff

  5. DISCLOSURE OF YOUR PERSONAL DATA
  We share your Personal Data with the following types of third party organisation:
  Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
  Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We may use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
  Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes.
  Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).

  6. RETENTION OF YOUR PERSONAL DATA
  In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
  Personal data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws

  7. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
  We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
  People who can access your Personal Data. Your Personal Data will be processed by our authorised staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
  Measures taken in operating environments. We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission to us.
  Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.
  Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg.

  8. ACCESS TO YOUR PERSONAL DATA
  Access to Personal Data. You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing by sending an email at Privacy.Officer@au.nestle.com or by sending a letter to The Privacy Officer, Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138. If the personal information held about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information.
  Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, correction or revision of your Personal Data; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.
  Please note that, in certain circumstances, We will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
  Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.

  9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
  We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
  Cookies/Similar Technologies. You manage your consent via your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 3 above.
  Advertising, marketing and promotions. If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
  Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You can visit www.youronlinechoices.com.au for more information. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.

  10. CHANGES TO OUR NOTICE
  If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

  11. 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 by sending an email to Privacy.Officer@au.nestle.com or by post to Nestlé Australia Ltd, Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138 or by contacting The Nespresso Club on 1800 623 033 to obtain a Privacy Complaint form. It is Nestlé’s policy to handle complaints in a timely, effective, fair and consistent manner.

  Updated: September 2019

• Conditions of Sale
  1. DEFINITIONS
  1.1 In these terms: (a) Goods means goods provided by Nespresso Professional to you from time to time; (b) Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Professional: and (c) Services means services provided by Nespresso to you from time to time.
  
  2. GOVERNING TERMS
  2.1 These terms: (a) govern your membership of Nespresso and the provision of Goods and Services to you, subject to any written agreements entered into between Nespresso and you; (b) apply to the exclusion of all documents submitted by you (whether before or after the date of these terms) unless otherwise expressly agreed in writing by an authorised officer of Nespresso.
  
  3. NESPRESSO MEMBERSHIP
  3.1. When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso.
  3.2. Your Nespresso membership number will appear on your first invoice.
  3.3. Your Nespresso membership is not transferable.
  3.4. You are responsible for ensuring that your contact details with Nespresso remain up to date.
  
  4. ORDERS
  4.1. You may place orders for Goods and Services: (a) By completing a purchase order form and sending it to Nespresso; (b) by telephone; or (c) online on the Australian pages of the website www.nespresso.com/pro/au;
  4.2. All orders are subject to availability of stock and minimum/maximum quantities as Nespresso decides from time to time.
  4.3. Nespresso reserves the right to refuse orders whether whole or in part in its discretion. If Nespresso do not accept your order for any reason, it will notify you, your order will be cancelled, and any payment made will be refunded.
  
  5. DELIVERY AND RECEIPT
  5.1. Nespresso will endeavour to provide Goods and Services within the agreed timeframes to the address specified in your order (Australia only). Any delivery time provided by Nespresso is an estimate only and, to the extent permitted at law, Nespresso will not be liable for any failure to meet the timeframes.
  5.2. It is your responsibility to ensure you are available to receive the delivery. If you are not at the delivery address to receive the Goods or provision of Services, the driver may in its discretion, leave the parcel or leave a card with the details of an alternate pick-up address. Any costs incurred by Nespresso due to any failure by you to accept the Goods or Services at the time of delivery must be reimbursed by you to Nespresso.
  5.3. Delivery fees apply to accessories and/or coffee capsule orders that do not have a minimum order of 300 capsules.
  5.4. 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 including payment of any additional duties, taxes and clearance charges.
  
  6. PAYMENT
  6.1. Nespresso may change the price of Goods and Services and other sales details from time to time.
  6.2. You will pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services whichever is the earlier.
  6.3. Invoices are payable within 30 days of date of invoice, unless you do not have credit approval from us in which case invoices are payable on or before receipt of Goods or provision of Services. Credit approval is at the discretion of Nespresso.
  6.4. Time is of the essence in relation to all payments of money to Nespresso under this Agreement. Nespresso may suspend your account if payment is not received by the due date.
  6.5. You will pay Nespresso any GST payable for the provision of the Goods and Services.
  6.6. Nespresso may charge interest on overdue payments at the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia plus 2%, calculated on daily rates from the due date to the date of payment. Prior to charging any interest, Nespresso will give at least 14 days’ notice to you that payment is overdue, to allow you to remedy the late payment.
  
  7. RETURNS
  7.1. For receipt of an incorrect order that is the fault of Nespresso, you must notify Nespresso within a reasonable time of receipt of such an incorrect order. Goods forming part of the incorrect order must be returned by you to Nespresso within a reasonable time in accordance with the reasonable instructions of Nespresso.
  7.2. For faulty or defective Goods, you must notify Nespresso promptly on becoming aware of any faulty or defective Goods. Nespresso may decline any returns where a fault or defect is caused by your misuse or neglect. To assist Nespresso to assess a claim that the Goods are faulty or defective, Nespresso may require you to return the Goods in accordance with its reasonable instructions.
  7.3. When a refund or replacement is due to you, Nespresso will endeavour to provide a refund or replacement within 30 days of receipt of the returned Goods.
  
  8. TITLE AND RISK
  8.1. Title in Goods passes to you on the latter of payment in full for them or delivery of them.
  8.2. Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.4 in which case risk passes when the Goods leave Nespresso's premises.
  
  9. EXCLUSIONS AND LIMITATIONS
  9.1. You may be entitled to guarantees in relation to the Goods and Services which cannot be excluded under the Australian Consumer Law.
  9.2. To the extent permitted by law: (a) Nespresso's only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded. All other guarantees, warranties and conditions are excluded. (b) Nespresso's liability arising in relation to the supply of the Goods and Services or otherwise from this agreement is limited to, in the case of Goods, supplying the Goods again or paying the cost of having them supplied again and, in the case of Services, supplying the Services again or paying the cost of having them supplied again.
  9.3. To the extent permitted by law, neither party will be liable to the other party (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
  
  10. FORCE MAJEURE
  10.1. Neither Nespresso nor you will be liable to the other for any breach or failure to perform any of its obligations where such breach or failure is caused by anything beyond that person’s reasonable control including national disaster, national emergency, Act of God or government regulation.
  
  11. CONFIDENTIALITY & DATA PROTECTION
  11.1. You acknowledge and agree that Nespresso may activate the M2M (Machine to Machine) technology equipping the machine in order to improve the after sales process by automatically communicating machine troubleshooting/diagnostics to the Customer Relationship Centre (depending on country requirements and specifics).
  11.2. You acknowledge and agree that any information and data collected under this Agreement will be collected and stored in accordance with the Nespresso Privacy Policy (www.Nespresso.com/pro/au/en/legal-information)
  11.3. Data Sharing (Only applicable for a Nespresso Momento machine): The Nespresso Momento machine can collect usage statistics and send them to Nespresso (or Nespresso authorised distributors) to allow improvement of the product and service quality. Those usage statistics include but are not limited to consumption and other notable machine usage events such as technical malfunctions and cleaning notifications. For the avoidance of doubt, the Nespresso Momento machine does not collect or share any personal information, as defined by the Privacy Act 1988.
  11.4. Remote Software Update (Only applicable for a Nespresso Momento machine): The Nespresso Momento machine includes telemetry, through which Nespresso may update the machine software remotely.
  
  12. INTELLECTUAL PROPERTY
  12.1 You acknowledge and agree that Nespresso or its related body corporates is and remains the owner of all copyright, designs, patents and trademarks (Intellectual Property) used on or in relation to the products and advertising materials supplied in connection with such products. You must not use Nespresso’s Intellectual Property without Nespresso’s prior written consent.
  
  13. GENERAL
  13.1. These terms are governed by and must be construed in accordance with the laws of New South Wales. Nespresso and you submit to the non-exclusive jurisdiction of the courts of New South Wales.
  13.2. Nespresso may at any time amend these terms by posting a new dated version on its website (www.nespresso.com/pro/au), notice on the website or by email to you. By placing an order after Nespresso has posted a new version of these terms, you agree to be bound by that updated version.
  13.3. If any provision of these terms (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.
  
  
• Company Registration

  Nespresso Australia a division of Nestlé Australia Ltd
  ABN 77 000 011 316
  at Building D, 1 Homebush Bay Drive, Rhodes, NSW 2138, Australia

• Cookies Notice

  This cookie notice applies to all Nespresso websites and mobile applications (“Nestlé Sites”).

  1. What are cookies?
  Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
  We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.

  2. What types of cookies are used on Nestlé Sites?
  We use the following types of cookies on Nestlé Sites:
  

  Cookie Categories	Lifespan
  a) Site functionality cookies These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout.	As long as necessary
  b) Site analytics cookies These cookies allow us to measure and analyse how you use our websites, apps and mobile platforms, to improve both its functionality and your experience.	90 days
  c) Customer preference cookies When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you.	90 days
  d) Advertising or targeting cookies These cookies are used to deliver ads relevant to you. They also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We may also use the information obtained via these cookies to serve you with advertising that may be of interest to you based on your past online behaviour. We may share this information with other parties, including our partners.	90 days
  e) Social media cookies These cookies are used when you share information using a social media sharing button on a Nestle Site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.	90 days

  
  

  3. Manage your cookie preferences
  You do not need to allow cookies to use or navigate through many parts of Nestlé Sites, although you may not have access to all the features on Nestlé Sites if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.

  4. For more information about targeting and advertising cookies, visit Your Online Choices: www.youronlinechoices.com.au

  5. We reserve the right to make any changes and corrections to this Notice. Please refer to this page from time to time to review these and new additional information. We will place updates on Nestlé Sites and, where appropriate, we will notify of any changes by email.

  6. Privacy Policy
  For further information about how your data is used, please see our Privacy Notice above.

  This notice was last updated November 2019.

• Service Package Agreement

  1. DEFINITIONS
  1.1. In these terms: (a) Coverage Commencement Date means the date so specified in the order form attached to this agreement (“Order Form”), or if no such date specified then the date of this agreement (b) Coverage Period means the period specified in the order form from the Coverage Commencement Date and as extended under this agreement; (c) Covered Machines means those machines as selected on the Order Form as amended under this agreement; (d) Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Professional; and (e) Service Fee means that amount payable as stated on the Order Form amended in accordance with this agreement.

  2. SERVICE AND REPAIRS
  2.1. During the Coverage Period and subject to clauses 6 and 7, Nespresso will, directly or through a Nespresso designated service provider, for each Covered Machine provide the following services: (a) descaling kits and cleaning tablets (“Descaling Products”) at no additional charge. The amount of Descaling Products provided free of charge will be based on the number of capsules the Covered Machine consumes in line with the recommended descaling frequency by Nespresso. The number of Descaling Products provided is not unlimited;
  (b) any repairs necessary as a result of reasonable use or normal wear and tear from proper use;
  (c) if the Covered Machine is a Nespresso Aguila machine, Nespresso Momento Coffee machine or Nespresso Momento Coffee and Milk machine, Nespresso will provide preventative maintenance at the Nespresso recommended intervals, as indicated by the machine, (collectively the “Service Package”). 2.2. The benefits to you given by the Service Packages under this agreement are in addition to other rights and remedies that may be available to you under the Australian Consumer Law in relation to the Covered Machines.

  3. USE OF THE COVERED MACHINES – YOUR OBLIGATIONS
  3.1. You must take good care of the Covered Machines and always keep them in good order and condition. You must maintain the Covered Machines according to the service manual and any other instructions provided by Nespresso, and duly clean and descale them using only Nespresso Descaling Products supplied by Nespresso. Without limiting these general obligations of maintenance by you, you must, for each of the following Covered Machines (if the models below) at a minimum: (a) Zenius or Gemini machines: must be descaled once every three months.
  (b) Nespresso Momento Coffee and Nespresso Momento Coffee & Milk machines: must be descaled at the Nespresso recommended intervals, as indicated by the machine.
  (c) Aguila and Nespresso Momento Coffee & Milk machines: must also be cleaned daily, using only the machine appropriate Nespresso cleaning tablets supplied by Nespresso.

  4. REPAIR SERVICE PROCEDURES
  4.1. If you believe a Covered Machine is malfunctioning, please contact Nespresso on 1800 182 206 or through the Nespresso Professional website at www.nespresso.com/pro/au for machine troubleshooting, after which a repair service booking for the Covered Machine will be arranged if required.

  5. PAYMENT
  5.1. The Service Fee for the initial Coverage Period will be invoiced on or about the Coverage Commencement Date.
  5.2. All invoices are payable within 30 days of date of invoice, unless you do not have credit approval from Nespresso in which case invoices are payable on or before receipt of goods and provision of services. Credit approval is at the discretion of Nespresso.
  5.3. Nespresso may suspend the services if payment is not received by the due date.
  5.4. You will pay Nespresso any GST payable for the provision of any goods or services provided to you under this agreement.
  5.5. Nespresso may charge interest on overdue payments at the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia plus 2%, calculated on daily rates from the due date to the date of payment. Prior to charging any interest, Nespresso will give at least 14 days’ notice to you that payment is overdue, to allow you to remedy the late payment.

  6. PROGRAM EXCLUSIONS
  6.1. You must ensure that the Covered Machines are not destroyed or damaged excluding damages arising from reasonable use or ordinary wear and tear.
  6.2. The services provided under this agreement do not include any repair or other service required to resolve problems resulting from the following (collectively the “Program Exclusions”):
  (a) negligent or improper use of the Covered Machines;
  (b) your failure to perform daily cleaning and maintenance of the Covered Machines in accordance with the applicable Nespresso product manual and any instructions given by Nespresso;
  (c) Use of the Covered Machines with capsules other than Nespresso capsules or with any parts not supplied and installed by Nespresso. Nespresso reserves the right to investigate machine usage of the Covered Machines to determine whether a defect or dysfunction is a result of the use of alternative capsules or parts. Defects or dysfunctions resulting from the use of alternative capsules or parts will not be covered as part of the Service Package;
  (d) maintenance or servicing of the Covered Machines by anyone other than Nespresso; and
  (e) any damage to the Covered Machines other than as may result from reasonable use or ordinary wear and tear.
  6.3. Nespresso may charge you its standard rates for any repair or other services to resolve problems caused by circumstances within the scope of the Program Exclusions.

  7. END OF LIFE OR BEYOND ECONOMIC REPAIR
  7.1. Machine life will depend on usage, water hardness, cleaning, care and age. Should a Covered Machine reach or near reaching “End of life” or be deemed “Beyond Economic Repair” i.e. the cost of repair exceeds the value of the machine (both terms as assessed and advised by Nespresso) you will be contacted by Nespresso to discuss options/solutions and Nespresso can remove such a machine from being a Covered Machine. If a machine is removed from being a Covered Machine, then Nespresso will refund you the pro rata portion of the Service Fee for that machine based on the remaining time of the Coverage Period.

  8. RENEWAL
  8.1. Following the expiry of the Coverage Period, the Service Package may be renewed for a further 12 months (“Renewal Period”).
  8.2. In respect of a Renewal Period, Nespresso may issue you an invoice for the amount of the then current fee for similar Nespresso service packages as the new Service Fee. The Service Package will not be renewed for the Renewal Period unless, and until, an invoice is issued and you pay that invoice. Upon payment the Coverage Period will be extended by the Renewal Period. If you do not wish to proceed with a Renewal Period, please notify Nespresso as soon as practicable. You may notify Nespresso before or after the start of a Renewal Period if you do not want to proceed with a Renewal Period.
  8.3. If this agreement is not extended for the Renewal Period and you receive services relating to the Covered Machines after the Coverage Period, then Nespresso can charge for such services at its standard rates.

  9. TERMINATION
  9.1. Either party may terminate this agreement by notice to the other party:
  (a) on account of a material breach by that other party, which is not remedied within thirty (30) days’ notice of the breach; or
  (b) if the other party suspends business, makes an assignment for the benefit of creditors, becomes insolvent, is the debtor in any federal court bankruptcy case, or is the subject of a receivership.
  9.2. Nespresso may terminate this agreement at any time on 90 days’ notice.
  9.3. If the Service Fee has been paid by you and this agreement is terminated during the Coverage Period, Nespresso will refund you the pro rata portion of the Service Fee.

  10. EXCLUSIONS AND LIMITATIONS
  10.1. You may be entitled to guarantees in relation to Nespresso goods and services including the Covered Machines which cannot be excluded under the Australian Consumer Law.
  10.2. To the extent permitted by law:
  (a) Nespresso’s only liability is as expressly stated in this agreement provisions in the Australian Consumer Law that cannot be excluded. All other guarantees, warranties and conditions are excluded;
  (b) Nespresso’s liability arising in relation to this agreement is limited to, in the case of goods, supplying the goods again or paying the cost of having them suppled again and, in the case of services, supplying the services again or paying the cost of having them supplied again;
  (c) neither party will be liable to the other party (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.

  11. CONFIDENTIALITY AND DATA PROTECTION
  11.1. Each party acknowledges and agrees that any and all information of confidential nature regarding the other party including business strategy, service offerings, plans, projections, trade secrets, and other financial and non-financial information, whether disclosed orally, in writing or by any other means, must be kept confidential and not disclosed to any third party at any time.
  11.2. You acknowledge and agree that any information or data collected under this agreement will be collected and stored in accordance with the Nespresso Privacy Policy (www.nespresso.com/pro/au/en/legal-information)
  11.3. You acknowledge and agree that Nespresso Momento machine can collect usage statistics and send them to Nespresso or Nespresso authorised distributors to allow Nespresso to improve its product and service quality. Those usage statistics include but are not limited to consumption and other notable machine usage events such as technical malfunctions and cleaning notifications. For the avoidance of doubt, the Nespresso Momento machine does not collect or share any personal information, as defined by the Privacy Act 1988.

  12. INTELLECTUAL PROPERTY
  12.1. You acknowledge and agree that Nespresso or its related body corporates is and remains the owner of all copyright, designs, patents and trademarks (“Intellectual Property”) used on or in relation to the products and advertising materials supplied in connection with such products. You must not use Nespresso’s Intellectual Property without Nespresso’s prior written consent.

  13. GENERAL
  13.1. These terms are governed by and must be construed in accordance with the laws of New South Wales. Nespresso and you submit to the non-exclusive jurisdiction of the courts of New South Wales.
  13.2. Neither Nespresso nor you will be liable to the other for any breach or failure to perform any of its obligations where such breach or failure is caused by anything beyond that person’s reasonable control including national disaster, national emergency, Act of God or government regulation.
  13.3. These terms apply to the exclusion of all documents submitted by you (whether before or after the date of this agreement) unless otherwise expressly agreed in writing by an authorised officer of Nespresso.
  13.4. If any provision of this agreement is held to be void, illegal or unenforceable in some way, the void, illegal or unenforceable provision will be severed and will not affect the remainder of these agreement terms and they will continue in full force and effect.

• Subscription: General Terms and Conditions of Sale

  BACKGROUND
  Nespresso is the owner of Nespresso Professional coffee machines for high volume use in offices, hotels, restaurants, bars and other catering outlets. Nespresso is also a supplier of Nespresso Professional coffee capsules and related products (the “Nespresso Products”). Nespresso wishes to place the Nespresso machines set out in the Schedule (the “Nespresso Machines”) in Customer’s premises set out in the Schedule (the “Location”). As part of its approach to facilitate the accessibility of Nespresso Professional solutions to its customers, Nespresso offers a subscription service (“the Subscription”) based on the loan of Nespresso Machines and provision of certain maintenance and repair services. Customer agrees to keep and maintain the Nespresso Machines only at the Location, purchase a minimum amount of Nespresso Products and agrees to comply with all other terms and conditions set out below.

  1. NESPRESSO MACHINES
  

  1.1. LOAN OF Nespresso MACHINES: Nespresso will provide the Nespresso Machines to the Customer for use by the Customer at the Locations during the Term. Nespresso will deliver the Nespresso Machines to the Locations and provide instructions regarding use and care of the Nespresso Machines. If at any time Nespresso delivers replacement equipment to the Customer, that replacement equipment is subject to the terms and conditions of this agreement unless specifically agreed by the parties in writing. Nespresso machines may be new or refurbished.
  1.2. CUSTOMER’S INSPECTION OF NESPRESSO MACHINES: The Customer must inspect the Nespresso Machines on the date it is delivered and notify Nespresso within 2 business days if it rejects the Nespresso Machines, specifying the reason for the rejection.
  1.3. OWNERSHIP: The Customer agrees that the Nespresso Machines are, and remain, the property of Nespresso at all times. The Nespresso Machines are not to be removed from the Location without the prior written consent of Nespresso. All signs, trademarks and logos on the Nespresso Machines are not to be altered or removed, except by Nespresso. The Customer agrees: (a) not to create nor permit any lien, security interest or encumbrance of any nature to attach to the Nespresso Machines, apart from to protect Nespresso’s title to and interest in the Nespresso Machines; and
  (b) to permit Nespresso’s representative to inspect the Nespresso Machines and the products being dispensed from the Nespresso Machines during business hours on reasonable notice. The Customer must allow Nespresso’s representatives to perform any work required or in Nespresso’s opinion is advisable with respect to keeping the Nespresso Machine in good working order.
  1.4. USE AND MAINTENANCE BY CUSTOMER: The Customer must take good care of the Nespresso Machine and always keep it in good order and condition. The Customer must maintain the Nespresso Machine according to the service manual and any other instructions provided by Nespresso, and duly clean and descale them using only Nespresso Descaling Products supplied by Nespresso. Without limiting these general obligations of maintenance by a Customer, the Customer must, for each of the following Nespresso Machine at a minimum:
  (a) Zenius: must be descaled once every three months;
  (b) Nespresso Momento Coffee or Nespresso Momento Coffee & Milk Machine: must be descaled at the Nespresso recommended intervals, as indicated by the Machine;
  (c) Aguila or Nespresso Momento Coffee & Milk Machine: must also be cleaned daily, using only the machine appropriate Nespresso cleaning tablets supplied by Nespresso.

  2. NESPRESSO PRODUCTS CAPSULE ORDERS.
  2.1. NESPRESSO PRODUCTS: The Customer agrees to only use Nespresso Products in the Nespresso Machines. The Customer must purchase these Nespresso Products from Nespresso.
  2.2. MONTHLY MINIMUM CAPSULE PURCHASE: The Customer agrees to purchase Nespresso Capsules each month from Nespresso in a quantity no less than the Monthly Minimum Capsule Purchase specified in the Schedule. On signing this agreement, Nespresso will set up a Nespresso Capsule ongoing “Recurring Order” as set out in the Schedule on behalf of the Customer. The Customer may amend the content of the Recurring Order provided always that the Customer meets the Monthly Minimum Capsule Purchase requirement.
  2.3. SHORTFALL IN MONTHLY CAPSULE PURCHASES: It is acknowledged that the fees for the loan of the Nespresso Machines and associated services by Nespresso is based on the Customer agreeing to the Monthly Minimum Capsule Purchase. Nespresso may regularly assess the Customer’s purchases to ensure that the Customer’s orders are in line with the Monthly Minimum Capsule Purchase requirement. If Nespresso determines that the Customer’s actual Nespresso Capsule purchases from Nespresso are below the aggregate Monthly Minimum Capsule Purchase requirement, it may invoice the Customer a compensatory amount. Such compensatory amount is calculated by multiplying by half of the Nespresso Capsule price, with the difference between the aggregate Monthly Minimum Capsule Purchase requirement and the Customer’s actual Nespresso Capsule purchases during the assessed period. The parties agree that this is a genuine pre-estimate of damages of Nespresso caused by the breach of the requirement that the Customer purchase the Monthly Minimum Capsule Purchase.
  2.4. ORDERING: The Customer may change coffee varieties, increase Recurring Orders, or make additional orders any time by (a) calling Nespresso Professional on 1800 182 206 (toll-free) or (b) ordering online on the Australian pages of the website at www.nespresso.com/pro/au.
  2.5. DELIVERY: Nespresso will endeavour to deliver Nespresso Product orders within the agreed timeframes to the Locations in Australia. Any delivery time provided by Nespresso is an estimate only and failure to meet the timeframe will not entitle the Customer to terminate this agreement or claim compensation. The Customer should make any claims for damaged or incorrect Nespresso Products or quantities promptly on becoming aware of any such damage or incorrect Nespresso Products or quantities. If the Customer wants to have Nespresso Products or Nespresso Machines provided by means other than Nespresso’s usual means, the Customer will need to make all necessary arrangements and pay all costs involved including payment of any additional duties, taxes and clearance charges.
  2.6. TITLE AND RISK: Risk in the Nespresso Products and Nespresso Machines will pass from Nespresso to the Customer at the time of delivery, except where the Customer has made its own arrangements for delivery in which case risk passes from Nespresso to the Customer when the Nespresso Products or Nespresso Machines (as the case may be) leave Nespresso’s premises. Title to the Nespresso Products will pass at the time payment for such Nespresso Products is made in full by the Customer to Nespresso. Title to the Nespresso Machines remains with Nespresso.

  3. SERVICES AND REPAIRS
  3.1. SERVICES AND REPAIRS: During the Subscription and subject to clause 3.2, Nespresso will, directly or through a Nespresso designated service provider, provide the following services as part of this agreement:
  (a) descaling kits and cleaning tablets (“Descaling Products”) at no additional charge. The amount of Descaling Products provided free of charge as part of the Subscription will be based on the number of capsules the Nespresso Machine consumes in line with the recommended descaling frequency by Nespresso. The number of Descaling Products provided is not unlimited;
  (b) any repairs necessary as a result of reasonable use or normal wear and tear from proper usage; and
  (c) for Nespresso Aguila Machines, Nespresso Momento Coffee or Nespresso Momento Coffee & Milk machines, Nespresso will provide preventative maintenance at the Nespresso recommended intervals, as indicated by the machine.
  (collectively, the ‘Services’).
  The covered repairs includes not imposing any additional fees or charges for the necessary parts, or time incurred to perform the repair work. These services and repairs are separate to any rights the Customer may have under Australian Consumer Law (refer to clause 3.3).
  
  3.2. SERVICE EXCLUSIONS: The Customer must ensure that the Nespresso Machine is not lost, stolen, destroyed or damaged, except that the Customer will have no liability for damages arising from reasonable use or ordinary wear and tear. The Services provided under this agreement do not include any repair or other service required to resolve problems resulting from any of the following (collectively the “Service Exclusions”): (a) negligent or improper use of the Nespresso Machine;
  (b) Customer’s failure to perform daily cleaning and maintenance of the Nespresso Machine in accordance with the applicable Nespresso product manual and any instructions given by Nespresso;
  (c) use of the Nespresso Machine with capsules other than Nespresso capsules or with any parts not supplied and installed by Nespresso. Nespresso reserves the right to investigate machine usage of any Nespresso Machine to determine whether a defect or dysfunction is as a result of the use of alternative capsules or parts. Defects or dysfunctions resulting from the use of alternative capsules or parts will not be covered as part of the Services;
  (d) maintenance or servicing of the Nespresso Machine by anyone other than Nespresso; or
  (e) any damage to the Nespresso Machine other than as may result from reasonable use or ordinary wear and tear.
  Nespresso may charge the Customer at its standard rates for any repair or other services to resolve problems caused by circumstances within the scope of the Service Exclusions.
  
  3.3. AUSTRALIAN CONSUMER LAW: The benefits to the Customer given by the Services in this agreement are in addition to other rights and remedies that may be available to the Customer under the Australian Consumer Law. Generally, the consumer guarantees under the Australian Consumer Law do not apply when goods are purchased for resupply. If consumer guarantees apply under Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled: - to cancel your service contract with us; and
  - to a refund for the unused portion, or to compensation for its reduced value.
  You are also entitled to choose a refund or a replacement for major failures with goods. If the failure with a good or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund for any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the good or service.
  
  3.4. REPAIR SERVICE PROCEDURES: If the Customer believes the Nespresso Machine is malfunctioning, please contact Nespresso Professional on 1800 182 206 or through the Nespresso Professional website at www.nespresso.com/pro/au for machine troubleshooting, after which a repair service booking for the Nespresso Machine will be arranged if required.

  4. PAYMENTS
  4.1. FEES & PRICES: The fee for the loan of the Nespresso Machines and for the Services is the Monthly Machine and Service Fee (as set out in the Schedule). The price for the Nespresso Products is the then current Nespresso Professional price and the amount payable for the recurring order will be calculated based on those prices. If the price increase of a Monthly Minimum Capsule Purchase order is greater than 10% in aggregate for January to December in that year, then for 90 days from the last price increase the Customer has the option of terminating this agreement by notice without any early termination fee being payable. Delivery fees apply to accessories and/or coffee capsule orders that do not have a minimum order of 300 capsules. Fees and prices are stated exclusive of GST.
  4.2. GST: In relation to any GST payable for a taxable supply by a party under this agreement, the recipient of the supply must pay the GST subject to the supplier providing a tax invoice (as defined under GST law). GST has the same meaning as in section 195-1 of A New Tax System (Goods and Services Tax) Act 1999.
  4.3. PAYMENT: The Monthly Machine and Service Fee and the recurring order of Nespresso Products are payable monthly. An invoice will be issued for the initial Monthly Machine and Service Fee and recurring order, which will be payable within 30 days from date of invoice (‘Initial Payment Date’). Subsequent Monthly Machine and Service Fee and recurring order (as amended) will be payable every month on the same day of the month as the Initial Payment Date. Any additional Nespresso Products will be invoiced as ordered and dispatched. The Customer must pay all invoices within 30 days from the date of the invoices. Nespresso may suspend the Customers account if payment is not received by the due date.
  4.4. INTEREST: Nespresso may charge interest on overdue payments at the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia plus 2%, calculated on daily rates from the due date to the date of payment. Prior to charging any interest, Nespresso will give at least 14 days’ notice to the Customer that payment is overdue, to allow the Customer to remedy the late payment.

  5. GENERAL
  5.1. TERM: This agreement commences on the date of this agreement and continues for the Term. On expiry of the initial Term, this agreement will automatically continue until terminated by either party on not less than 1 months’ notice in writing provided such notice does not expire earlier than the end of the Initial Term.
  5.2. TERMINATION: Nespresso may terminate this agreement at any time during the Term by giving at least 3 months’ written notice. Either party may terminate this agreement immediately if the other party: (a) breaches any of the material terms of this agreement and fails to remedy the breach within 14 days from written notification;
  (b) ceases to be able to pay its debts as they fall due; or
  (c) ceases to carry on its business.
  On termination of this agreement for any reason, the Customer must promptly arrange for the Nespresso Machine to be available for collection by Nespresso in accordance with the reasonable instructions of Nespresso.
  The Customer acknowledges that if it wishes to terminate this agreement before the end of the initial Term (not due to any breach by Nespresso), Nespresso is entitled to recover compensation from the Customer in an amount of the sum of (a) half of the Machine and Service Fee multiplied by the remaining months of the initial Term of this agreement, and (b) half of the price of the Monthly Minimum Capsule Purchase requirement multiplied by the remaining months of the initial Term of this agreement. The parties agree this is a reasonable estimate of the damages that would be suffered by Nespresso as a result of such early termination.
  5.3. INTELLECTUAL PROPERTY: The Customer agrees that Nespresso or its related body corporates is and remains the owner of all copyright, designs, patents and trademarks used on or in relation to the Nespresso Machines, the Nespresso Products and any promotional materials supplied by Nespresso. The Customer must not use this Intellectual Property without Nespresso’s prior written consent.
  5.4. INSURANCE: The Customer must maintain a general third-party liability insurance policy (public/products) to cover any insurable loss in respect of the Nespresso Machines and Nespresso Products during the Term. If requested by Nespresso, the Customer agrees to provide a certificate of currency as evidence of such insurance.
  5.5. LIABILITY: The Customer may be entitled to guarantees in relation to the supply of Nespresso Products, Nespresso Machines and the Services which cannot be excluded under the Australian Consumer Law. To the extent permitted by law:
  (a) Nespresso’s only liability is as expressly stated in these terms and provisions and in the Australian Consumer Law that cannot be excluded. All other guarantees, warranties and conditions are excluded.
  (b) Nespresso’s liability arising in relation to the loan of the Nespresso Machines, supply of the Nespresso Products or otherwise from this agreement is limited to:
  (i) with respect to the Nespresso Machines, repair of the Nespresso Machines, replacement or supply of comparable machines, or the cost of having the Nespresso Machine repaired or replaced; or (ii) with respect to the Nespresso Products, providing the relevant Nespresso Product again or refunding the price of the Nespresso Product.
  (c) Nespresso excludes liability for all special, incidental, indirect or consequential loss arising in relation to the loan of the Nespresso Machines, supply of the Nespresso Products or otherwise from this agreement.
  5.6. ASSIGNMENT: The Customer may not assign, license, transfer, subcontract, mortgage, charge or encumber in any way its rights or obligations under this agreement without the prior written consent of Nespresso. Nespresso may assign, transfer or subcontract its rights or obligations under this agreement without the prior written consent of the Customer.
  5.7.CONFIDENTIALITY & DATA:
  (a) The parties must keep the terms of this agreement confidential. Each party acknowledges and agrees that all information is of a confidential nature regarding the other party, however disclosed, must be kept confidential and not be disclosed to any third party at any time. This subclause survives termination of this agreement. (b) The Customer agrees and acknowledges that its information and data collected under this Agreement will be collected and stored in accordance with the Nespresso Privacy Policy ( www.nespresso.com/pro/au/en/legal-information). (c) The Customer acknowledges and agrees that Nespresso may activate the M2M (Machine to Machine) technology equipping the machine at any time in order to improve the processes by automatically communicating machine troubleshooting/diagnostics to the Customer Relationship Centre (depending on country requirements and specifics).
  5.8. DATA SHARING & REMOTE SOFTWARE UPDATE INCLUDING USE OF TELEMETRY (ONLY APPLICABLE FOR A NESPRESSO MOMENTO MACHINE)
  (a) The Nespresso Momento machine can collect usage statistics and send them to Nespresso (or Nespresso authorised distributors) to allow improvement of the product and service quality. Those usage statistics include but are not limited to consumption and other notable machine usage events such as technical malfunctions and cleaning notifications. For the avoidance of doubt, the Nespresso Momento machine does not collect or share any personal information, as defined by the Privacy Act 1988. (b) The Nespresso Momento machine includes telemetry, through which Nespresso may update the machine software remotely and gather statistics.
  5.9. SEVERABILITY: The whole or any part of any clause of this agreement that is void, illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions of this agreement.
  5.10. GOVERNING LAW: This agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the Courts of New South Wales.