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Legal

  • Terms of Use

    For Clients and Distributors of Nespresso PROFESSIONAL


    1. Acceptance of the Terms of Use
    1.1. The present terms of use govern the relations among the Swiss corporation NestlÈ Nespresso ("" Nespresso "") and the users of the services made available on this site to clients and distributors of Nespresso PROFESSIONAL. Each user is subject to the present conditions.
    1.2. By registering and clicking on the icone ""I accept "", the user acknowledges that he has read, understood and accepted the present conditions and that he intends to comply with them.
    1.3. In case of non-compliance with the terms of use, Nespresso reserves the right, without any indemnity and without notice, to discontinue and/or refuse access in the future to all or part of the services made available on this site, without prejudice to the different causes of action at law or in contract which it could pursue.


    2. Description of the Services
    2.1. Nespresso is the manufacturer of the Nespresso PROFESSIONAL products, a line centered around an exceptional coffee and intended for enterprises and the liberal professions. Through the present Internet site Nespresso acts as an intermediary and puts distributors and clients of Nespresso PROFESSIONAL into contact with one another.
    2.2. By means of the present site, the Nespresso PROFESSIONAL clients have notably the possibility to request a test placement or to order Nespresso PROFESSIONAL products.
    2.3. Each request for a test placement or order made by means of the present site will be forwarded by Nespresso to the client's distributor. The distributor will acknowledge receipt of the request or the order and will confirm it without delay by addressing an e-mail confirmation directly to the client.
    2.4. Clients of distributors with their own site shall be automatically transferred to that site by Nespresso when they connect initially to the present site.
    2.5. Nespresso is not a party to the test placement or sales contract concluded by means of the present site between the distributor and the client. The role of Nespresso is limited to that of a simple intermediary making available a platform to facilitate the commercial exchanges between clients and distributors of Nespresso PROFESSIONAL. Nespresso can not by consequence be held responsible for the obligations of either the distributor or the client, namely with respect to prices, delivery, invoicing, or payment for the products.


    3. Obligation to Register 3.1. Registration for the services offered on this site by Nespresso is free of charge and signifies the acceptance of the present terms of use.
    3.2. In order to use the services offered by Nespresso, the user must complete the registration form. The user undertakes to furnish accurate and complete information and to update it as quickly as possible.
    3.3. Once all the registration formalities have been completed, Nespresso will assign a personal password to the user enabling him to access the site and the services which it offers.
    3.4. The password is strictly personal and confidential. The user undertakes not to divulge his password to any other party. The user is responsible, according to the present terms of use and the law, for the acts and schemes of any person using his password, even if without the users knowledge. The user undertakes to report any unauthorized use of his password to Nespresso as quickly as possible.


    4. Test Placements and Sales Conditions
    4.1. The conditions governing a test placement of a Nespresso PROFESSIONAL machine are those applied by and agreed with the distributor.
    4.2. The prices and other sales conditions governing the orders placed by means of the present site are those priorly and freely concluded between the client and the distributor. The fact that the order was placed by means of this site does not in any means modify such sales conditions.
    4.3. Any prices displayed on the present site are communicated only for general purposes of information. The applicable prices for an order placed through this site are those freely and previously fixed between the client and the distributor.
    4.4. Since Nespresso does not intervene in the test placement, the conclusion of the sale, the delivery, the billing, or the payment, it can not in any case be considered as being responsible in case of disagreement, errors, non-performance, or conflicts which could arise between the client and the distributor.


    5. Guaranties
    5.1. You use and navigate on this site at your own risk and peril. You acknowledge and expressly accept the exclusive dispositions hereunder.
    5.2. THE SERVICES AND ALL THAT YOU FIND ON THE PRESENT SITE 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 MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
    5.3. Nespresso DOES NOT GUARANTEE THAT THIS SITE AND THE SERVICES MADE AVAILABLE ON IT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
    5.4. ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF THIS SITE OR THE SERVICES IT MAKES AVAILABLE ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment by reason of your use of access to or downloading of any material from this site.
    5.5. Any advise or information, be it oral or written, obtained from Nespresso or during the use of the services made available on this site, 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 Recognise and accept that, to the fullest extent permitted by applicable regulations, Nespresso may not be held liable for any direct, indirect, or consequential damages, any injury to reputation ,costs, losses, decrease in turnoveror profits or liabilitis of any nature whatsoever (even if the advent of such damage was known or could have been khnow by Nespresso), capable of arising from the use or on the contrary the imposibility to use the site or the services made available on it.
    6.2. The user accepts to discharge, release, and hold harmless Nespresso, its affiliates, directory, agents and employees from all liability for any damages resulting from the use of its site, regardless of the cause of the damages. Nespresso offers simple technical means to put clients and distributors into contact with one another and can not be held liable for any acts of the users of this site.
    6.3. Without limiting the extent of the other provisions of the present terms of use, the liability of Nespresso, if it were to be established, regardless of the cause or the nature of the action, can not exceed, all damages included, an amount equal to that paid by the user for the services offered by Nespresso on the present site.
    6.4. Without limiting the extent of the other provisions of the present terms of use, Nespresso can not be held liable, be it in tort or in contract, for any damages arising out of a case of force majeure, events outside its control, or acts of third parties or of the victim of the damage. The user acknowledges that events outside the control of Nespresso include breakdowns and technical problems concerning hardware, software, computer programs and the Internet, including but not limited to interruptions, suspensions or termination of service. The user acknowledges that Nespresso can not be held liable for damages related to these problems.


    7. Modification of Services
    Nespresso reserves the right, without indemnity, notice and at any time, to modify or suspend, temporarily or permanently, all or a part of the services made available on the present site. The user acknowledges that Nespresso may not be held responsible for any possible damage in case of a modification or suspension of the services.


    8. Intellectual Property Rights
    8.1. The user acknowledges and agrees that the content of the site and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, computer programs, and designs are the property of Nespresso or its affiliated companies or are used with the authorization of the owners and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property right which exist under applicable law.
    8.2. The user can in no case use the content of this site for any purpose other than private and non-commercial. Any other use, including the reproduction, modification, distribution, transmission or broadcasting of elements of this site, is strictly forbidden. No element of this site can be interpreted as granting a license or a right of use in relation to the marks or any other element present on this site.


    9. Links
    9.1. The present site contains automatic links to the sites of distributors and may contain hypertext links leading to other Internet sites. Nespresso can not be considered as responsible for these sites and declines all responsibility in relation to their content, accuracy or functions.
    9.2. The creation of any hyperlink to the present site is prohibited without the prior written consent of Nespresso.


    10. Miscellaneous
    10.1. The present conditions of use embodies the entire agreement concluded between Nespresso and the user concerning the use of this site and the services made available on it and replaces and annuls any prior agreement between them concerning this subject matter.
    10.2. The fact that Nespresso tolerates a violation by the user of one of the obligations set out in the present terms of use or does not enforce a right attributed to it thereunder 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 present conditions of use is considered to be illegal by a law or regulation, existing or future, or by a court ruling, then that provision shall be considered as stricken, all other provisions of the terms of use maintaining full force and effect amongst the parties.
    10.4. Nespresso reserves the right to modify the present terms of use. Any modification shall be communicated to the user by means of electronic mail. In case of acceptance by the user of the modifications to the terms of use, the new clauses shall govern all the relations between Nespresso and the user.
    10.5. The headings of the articles of the present terms of use are for convenience alone and shall not alter or modify the terms in any manner.


    11. Applicable Law and Forum
    11.1. The present terms of use as well as the different relations between Nespresso and the users with respect to the site shall be governed by Swiss law.
    11.2. In case of dispute or litigation, the parties accept to submit themselves to the exclusive jurisdiction of the competent court in Lausanne, Switzerland.


  • Privacy Policy

    Effective: 25.05.2018

    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 are collected, used, and disclosed by Nespresso entities as listed in the controllers & contact section (Section 11) (“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. YOUR RIGHTS

    9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

    10. CHANGES TO OUR NOTICE

    11. DATA CONTROLLERS & CONTACT

    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).

    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.

    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 behavioral 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. You have the right to object to the use of such technologies, for further details please see Section 3.

    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.

    3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

    Cookies/Similar Technologies . Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.

    Log Files . We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.

    Web Beacons . Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.

    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 are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose to the processing of your Personal Data for this purposes. 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, 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.


    Personalisation (offline and online) . With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.

    • 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

    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.


    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, toreconcile those accounts into one single account. We also use your Personal Data to ensure our security.

    • 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

    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

    In addition to the Nespresso/Nestlé entities or ad-hoc in-country partners (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), We share you 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 use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

    Third party companies using Personal Data for their own marketing purposes . Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.

    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

    Nespresso takes every reasonable step to ensure that your personal data are only processed for the minimum period defined as per the following criteria:

    (a) Nespresso will retain copies of your Personal Data in a form that allows for identification only for as long as:

    (i) We maintain an ongoing relationship with you (e.g. where you are included in our mailing list and have not unsubscribed; until you withdraw your consent for processing of your personal data for marketing purposes or until you object to the processing for this purpose),

    (ii) Your Personal Data are necessary in connection with the purposes set out in this Notice and we have a valid legal basis,

    Plus

    (b) The duration of any applicable limitation period for claims/tax obligations related to a given purpose of processing plus additional one year calculated as of the end of the year in which an applicable limitation period has concluded. This additional one year is in case of claims exercised shortly before the end of an applicable limitation period and serves to determine one date, when the data will be deleted, destroyed or anonymised. In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.



    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 through our Websites/apps.

    Measures We expect you to take . It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our Website/app.

    Transfer of your Personal Data . 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. We will also transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. other Nespresso/Nestlé entities or ad-hoc in-country partners) including to countries which have different data protection standards to those which apply in the EEA. We (i) have put in place European Commission approved standard contractual clauses to protect your Personal Data (and you have a right to ask Us for a copy of these clauses(by contacting Us as set out below) and/or (ii) will rely on your consent (where permitted by law).

    8. YOUR RIGHTS

    Access to Personal Data . Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Data.

    These rights can be exercised by sending Us an e-mail contactbe@nespresso.com or writing to us at Nespresso Belgium Rue de Birmingham 221 1070 Brussels, attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.

    Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.

    Additional rights (e.g. modification, deletion of Personal Data) . you, your successors, representatives and/or proxies can (i) request deletion, the portability, correction or revision of your Personal Data; (ii) oppose the data processing (also for direct marketing purposes); (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.

    We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.

    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 (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 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.

    Personalization (offline and online): Where required by law, i f you wish to have your Personal Data used by Nespresso to provide you with a personalized experience/targeted advertising & content, 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 benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.

    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. DATA CONTROLLERS & CONTACT

    To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at: contactbe@nespresso.com or writing to us at Nespresso Belgium Rue de Birmingham 221 1070 Brussels or call our CRC on 0800 496 53.

    You can also contact our Data Protection Officer via email at: dataprotection@nespresso.com or post: Nestlé Nespresso SA Avenue de Rhodanie 40, 1007 Lausanne, Switzerland

    We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

    Data controllers

    Responsible for

    Nestlé Nespresso SA
    Avenue de Rhodanie 40, 1007 Lausanne,
    Zwitserland

    All activities

    Nestlé Treasury International S.A.
    7, Rue Nicolas Bové
    L - 1253 Luxembourg

    Website/app related payment card operations.

    In addition, all the following Nespresso/Nestlé entities or ad-hoc in-country partners

    Nespresso Belgique N.V.
    Birminghamstraat 221
    1070 Anderlecht
    Ondernemingsnummer 0477.875.32

    All activities

  • General Terms and Conditions of Sale and machine loan

    GENERAL TERMS AND CONDITIONS OF SALE AND MACHINE LOAN OF NESPRESSO BELGIQUE S.A./BELGIE N.V.

     

    1. GENERAL

    A-1 Definitions

    A.1. The following definitions are used throughout the General terms and conditions:
    - Customer: any natural or legal person working for a company who had purchased or loaned the stated products or other services; 
    - Machine: a (coffee) machine in the range of Nespresso Business Solutions eventually including any accessories; 
    -NespressoNespresso Belgique S.A./België N.V.; 
    - Product: all products in the range of Nespresso Business Solutions, including but not limited to machines, coffee capsules and accessories.

    A-2 Application of the General Terms and Conditions

    A.2.1. The General terms and conditions apply to all offers made by Nespresso to the Customer, all orders done by the Customer and all contracts of sale of Products, loan of Machines and other products and services between Nespresso and the Customer. By placing an order, the customer accepts these Terms and conditions without reservation. Any other general conditions used by the Customer do not apply. 
    A.2.2. The fact that Nespresso does not seek application at any given time of any one of the clauses in these General terms and conditions, cannot be considered as renouncing to seek application thereof at a later date. The nullity of one or more stipulations of these conditions will not affect the validity of the other stipulations.

    A.2.3. Nespresso reserves the right, at any time, to modify the present General Conditions by posting a new dated version on www.nespresso.com/pro/be. By placing an order after Nespresso has posted a new version of its General Conditions, you agree to be bound by that updated version.

    A-3 Offers – Cancellation of order – Use of the Product

    A.3.1. All offers made by Nespresso are not binding, unless stated otherwise. If an offer is based on the Customer-supplied data, Nespresso relies on the accuracy of the provided information. 
    A 3.2 Nespresso has the right to refuse the order from the Customer if the Customer’s invoices are not paid or have not been paid by the expiry date of the invoice or if the Customer has requested suspension of payment, informed about its bankruptcy or has been declared bankrupt or has otherwise lost its free ability to manage its assets. 
    A.3.3. In case of order cancellation, the customer is due to pay 30% of the total amount of order. 
    A.3.4. The customer undertakes to carefully use the Products for the purpose for which the product has been designed and must follow the instructions supplied in the User manual of the Product. In case of wrong use of the Product, the potential costs of repair or replacement will be charged to the Customer.

    A-4 Shipment – Acceptance of Products – Verification of Merchandise – Force Majeure

    A.4.1. The Products are delivered by Nespresso or by a courier chosen by the Customer. Risk of loss or damage lies with Nespresso during shipment. The risk of loss or damage shall pass to the Customer upon delivery. It is Customer’s responsibility to control the Products upon delivery and notify the delivery company of any damage or missing Products. The customer must notify Nespresso of any other damages not visible at the time of delivery by means of a written declaration to Nespresso Belgium within 3 days of discovery of the damage. Should this not be done, Nespresso reserves the right to refuse the claim. Notwithstanding clause D.1. of these Terms and Conditions, the right of the Customer to claim damages for whatever reason expires after 6 months after the delivery of the Product. 
    A.4.2. If the Product shows a defect and the Customer timely informs Nespresso in accordance with cl A 4.1, Nespresso at its choice shall correct the damage or provide the customer with an identical merchandise as soon as possible. In this case, the Customer is not entitled to claim any compensation. Claims concerning Products that are not conform, that are defect or missing, cannot exceed the amount of the purchase price of the Products. Nespresso is not liable on any basis whatsoever for direct or indirect damage, including loss of profits and other consequential damages for the Customer in connection with the delivered Products or their use, unless and insofar the Customer is able to prove that the damage is resulting from intentional or deliberate recklessness of Nespresso management team or associated subordinates or if the Customer is able to demonstrate that Nespresso is liable under Law of February the 25th 1991 concerning liability for products with defects. 
    A.4.3. Nespresso will make every effort to fulfil its obligations of the contract. However, Nespresso cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control such as, but not limited to, strikes, import restrictions, supply difficulties, transportation difficulties, governmental measures, wars, natural disasters and other circumstances that make the production, transportation or delivery of Products impossible. In case of force majeure, Nespresso is entitled to suspend its obligations towards the Customer. If the period in which the fulfilment is not possible lasts or will last longer than one (1) month, both parties are entitled to terminate the agreement for the non-forcible part by means of a written registered statement without any compensation being due.

    A-5 Delivery

    A.5.1. Regardless of the agreed delivery period, any overrun of that period may not for whatever reason lead to increased liability on the side of Nespresso or cancellation of the order by the Customer. Delivery shall be subject to availability of the ordered Products and the order of receipt of orders. Nespresso is entitled to deliver the order in parts. 

    5.2. Unless otherwise agreed, the delivery charges are to be paid by the Customer.

    A-6 Prices – Payment – Retention

    A.6.1. The price of the Products is the price that applies on the day of the order and exclusive VAT. In case the price increases after the order has been placed but before the delivery occurred due to change of taxes, duties, exchange rates, trade and import prices, Nespresso is entitled to adapt the price of the order. The current prices can be consulted on the website www.Nespresso.com/pro. The invoice is fully payable within 30 days. The payment is due within 30 days to the designated bank or giro account of Nespresso. Objections or complaints about the invoices must be submitted in writing to Nespresso within eight days of the invoice date. Claims done after the stated timeframe will not be considered. 
    A.6.2. Nespresso reserves the ownership for all goods delivered and to be delivered to the Customer until full payment is received for the goods and for all claims already incurred at the time of purchase. The day of payment is the day when the payment due has arrived on the bank or giro account of Nespresso. In the event of non-payment of the invoice on the due date, a first reminder will be sent. Thereafter, if the customer does not pay the invoice, an amount of €10 will be automatically billed without notice. If the amount due remains unpaid within 14 days, the amount of the invoice will be automatically increased by 10% with a minimum of 25 euro and without formal notice (fixed fine). To these costs are added interests and any extrajudicial costs. If an invoice is not paid or has not been paid by the expiry date, all outstanding invoices of the Customer become due with immediate effect. 
    A.6.3. Without written consent of Nespresso, the Customer has no right to fully or partially suspend the payment or claim a settlement. In the event of late payment, Nespresso has the right to refuse to process a new order of the Customer until all due amounts have been paid.

    A-7 Intellectual property rights of Nespresso

    A.7.1. The Customer must comply with the law related intellectual property rights such as the right of trademarks, designs and copyrights. The customer shall not use any of the graphical elements that closely resemble those of Nespresso without an explicit written permission of Nespresso. The Customer shall not use the packaging of the Products or a part of it for its own commercial and other purposes.

    A-8 Personal data protection

    A.8.1. Nespresso and the Client may share and use personal data, in particular contact details as well as usual profession and job information of individuals, mostly of own employees, to perform this agreement or in connection with it. The parties may wish to further use such personal data for the purposes of promoting and improving their respective products and services, on the basis of their respective legitimate interests. Within a group of undertakings in the EU, these personal data may also be shared for customer management on the same basis.

    Each party warrants that it, as well as its processors, sub-processors and employees, will lawfully use the personal data in accordance with applicable data protection legislation (e.g. GDPR in the EU) and that between the parties, a party is solely responsible for compliance with its obligation.

    The Parties shall ensure that, with respect to personal data shared or received under this Agreement,:

    • the individuals whose personal data is shared, are informed and when legally required they have given their consent thereto.
    • such personal data is not used for purposes other than those communicated;
    • they comply with requests from individuals in relation to their rights in due time and communicate to the other Party any requests where required;
    • the personal data is only stored for as long as necessary for the purposes, taking into account the applicable statute of limitations of contractual liability;
    • appropriate security measures are in place, including measures and procedures for responding to data breaches.

    A.8.2. In accordance with the applicable Privacy laws, the Customer has the right to access and correct personal data. The Customer can exercise this right by sending a written request to Nespresso Belgique SA, Rue de Birminghamstraat 221 - 1070 Brussels. The privacy policy is published on the website www.Nespresso.com/pro.

    A-9 Applicable Law and Forum

    A.9.1. The present General Terms and Conditions of Sale and all offers, orders, contracts between Nespresso and the Customer where these General conditions apply are governed by the Belgian law. The applicability of the Vienna Sales Convention is expressly excluded. In respect of all disputes arising out of or related to the contract between the parties, the forum where Nespresso Belgium is located has exclusive jurisdiction.

    A-10 Confidentiality and Data protection

    A.10.1. Both parties in this agreement shall not disclose confidential information to third parties during or after the terms of the agreement, including information related to business strategies, offers, plans, forecasts, trade secrets and other information of financial or non-financial nature, whether provided orally, in writing or in any other way. 
    A.10.2. The Customer explicitly agrees that his data is stored at Nespresso in order to fulfil contract obligations and deliver and improve the services under this agreement. Nespresso Machines have also the ability to register the usage and defects of the used equipment and transmit this information by telemetry and other methods. 
    A.10.3. Nespresso keeps all data provided under this agreement protected and does everything possible within its power to protect this data. All data can be stored anywhere in the world and processed by Nespresso or its authorized service providers which have done similar commitments regarding privacy and data protection.

     

    1. SALE OF CAPSULES AND ACCESSORIES

    B-1 Orders

    B.1.1. The Customer can place orders from Monday to Friday between 08:00 and 19:00 by phone 0800 024 80 10, by fax 0800 88 82 83, by letter Nespresso Belgique S.A., Rue de Birmingham 221, 1070 Brussels or 24/7 via internet: www.Nespresso.com/pro. 
    B.1.2. The minimum number of capsules per order is: - 200 capsules packed in boxes - 600 capsules packed in tubes 
    B.1.3. The Products are offered within the limit of available supply.

    B-2 Delivery (Costs and delivery time)

    B.2.1. Nespresso makes every effort to deliver the products in Belgium within two (2) working days after receipt of the order. 
    B.2.2. In case the Customer has chosen another delivery method than the one offered by Nespresso, extra costs for this method will be charged to the customer. 
    B.2.3. The delivery charges apply as were stated on the day of the order. Unless otherwise agreed, the delivery charges are paid by the customer. These charges shall be explicitly stated on the invoice. 

    B-3 Minimum order for capsules and loan of the Machine

    B.3.1. The Customer shall buy a fixed amount of capsules for each machine that is loaned to him by Nespresso from the date the agreement on consumption has been signed. 
    B.3.2. In case the consumption is lower than stated in the agreement, Nespresso has the right to immediately terminate the agreement, confiscate the machine and invoice the Customer with a fixed fee of 50% of the cost of Nespresso investment (Machine and accessories).

     

    1. MACHINE LOAN (OPERATING CONTRACT)

    C-1 Conditions of the machine loan under Operating contract

    C.1.1. On condition that the Customer has agreed to buy on a monthly basis a fixed number of capsules that is stated on the front page of the Operating contract, Nespresso shall provide the Customer with one (1) or several free Machines and accessories in accordance with the specifications mentioned in the agreement to be placed and used at the specified delivery address. The Machine(s) and accessories provided by Nespresso remain the property of Nespresso and may not be ceded, mortgaged, loaned or sublet to third parties. The Customer shall not relocate the Machine and its accessories without prior written or expressly by phone given permission of Nespresso
    C.1.2. The Operating contract (free machine on loan provided by Nespresso for a fixed amount of capsules bought monthly) is signed for duration of one (1) year and is automatically renewed for the successive periods of one (1) year, providing that the contract can be terminated by a written registered statement submitted at least two (2) months before the end of the current period. Once the agreement has passed the period of three (3) years, the loan is not prolonged without a written consent of Nespresso
    C.1.3. If the customer is not able to fulfil his contractual obligations of the loan agreement, Nespresso has the right to terminate the agreement with immediate effect and charge the customer with a fixed fee of 50% of the investment cost of Nespresso (including Machine and accessories) without prejudice to other rights of Nespresso
    C.1.4. The operating contract cannot be transferred to a third party without the prior written consent of Nespresso.

    C-2 Insurance and Customer liability

    C.2.1. The Customer shall insure the Machines and accessories provided by Nespresso at his own expense against theft, fire, water and electrical damage for a minimum value that is based on the price of the Machines and accessories on the day they have been placed at the Customer. 
    C.2.3. The Customer shall use the placed machines with care and in accordance with instructions of the user manual and for the purpose the machine was designed. The Customer shall be liable for any damage of the Machine resulting from improper use or use that is not in accordance with what is prescribed in the user manual.

     

    1. SPECIAL CONDITIONS FOR THE SALE AND MAINTENANCE OF THE MACHINES

    D-1 Nespresso Technical Services

    D.1.1. Nespresso machines are delivered with one (1) year warranty starting from the date of purchase. Should the machine show a defect, Nespresso shall resolve the issue within two (2) working days after Nespresso has been notified by the Customer. All machines are repaired free of charge during the warranty period; however, if the machine is damaged due to improper or irresponsible use by the Customer (such as but not limited to lack of maintenance, lack of descaling etc.), the repair costs will be charged to the Customer. 
    D.1.2. If the Customer requests a repair of the machine after the warranty period of 1 year has ended, Nespresso can offer a free repair provided that: a) The customer’s monthly average consumption is above 400 capsules for the last 12 months and b) the requested repair is not due to negligent use by the customer and c) the customer had no more than 2 free repairs in the last 12 months that were claimed outside of warranty period. In all other cases, the repair costs are charged to the Customer. 
    D.1.3. The specific Technical Services applicable to the Customer’s machine are specified in the special conditions of maintenance added to the purchase or loan contract of the Customer. Additional maintenance can be provided on request of the Customer, but the cost thereof must be borne by the Customer. 
    D.1.4. Nespresso reserves the right without prior notice to change the conditions of the Nespresso Technical Services. 
    D.1.5. The conditions of Nespresso Technical Services under clauses D1.1 through D1.3 are not applicable for Nespresso Aguila and Nespresso Momento machines. For conditions specific to Nespresso Aguila and Nespresso Momento machines, please refer to your Nespresso Aguila or Nespresso Momento Service Agreement.

    D.1.6. Nespresso reserves the right to refuse any new request for maintenance from the Customer in the event of late payment of an invoice for maintenance until all amounts due for that maintenance have been fully paid by the Customer.

     

    Version May 2019

     

    Nespresso Belgique S.A./België N.V.
    Rue de Birminghamstraat 221 
    1070 Brussels 
    Tel: 0800 496 53 
    Fax: 0800 88 82 83
    Company number: 0447.875.328 (RPR/RPM Brussels)
    VAT BE 0447 875 328

  • Return Policy

    14 days to change your mind (right of withdrawal)

    In case you are not satisfied with the products, you have the right to cancel the purchase within 14 days after receiving it. Please contact us to let us know about this decision. You can also make use of the withdrawal form, but you are not obliged to do so.

    Once you have informed us about your decision to cancel the purchase, you have 14 days to return the products to us. You can do so via a Kiala collection point free of charge. If you choose another way of delivery, you will have to pay the delivery charges which will not be reimbursed by Nespresso.

    The products will only be accepted if they are unused, undamaged and in the original packaging and accompanied by the original invoice. We advise you to use a return form when sending the products back to us to make sure we can process your return quickly.

    We will return the money to the original way of payment.

    See also clauses 10 and 11 of the General conditions of sale.

    Damage/Quality issues/exchange/recycling

    Please contact us first before returning the products in the following cases:

    • You have received damaged products;
    • You experience a quality issue with one of our products;
    • You would like an exchange;
    • You would like to send your machine for recycling at your next order delivery;
    • The delivery does not correspond to what you have ordered.

    Our Coffee specialists will guide you to the optimal solution. Should you need to return the products, you can do so via a Kiala collection point free of charge. If you choose another way of delivery, you will have to pay the delivery charges which will not be reimbursed by Nespresso.

    The products will only be accepted if they are unused, undamaged and in the original packaging and accompanied by the original invoice. We advise you to use a return form when sending the products back to us to make sure we can process your return quickly. In these cases, you can choose to have your money back on your bank account or keep as credit on your Club account to be used for the next orders.

    See also clause 9 of the General conditions of Sale.

  • Cookies Policy

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

    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 tracking technologies, such as web beacons SDK, log files, pixel tags.

    1. What types of cookies are used on Nespresso Platforms?

    We use the following types of cookies on Nespresso Platforms:

    Cookie categories

    Lifespan

    Required cookies

    These cookies are required to enable core functionality and must be accepted for some Nespresso Platforms to work. They can be used for authentication, security or localisation purposes. Without these cookies, services you have asked for, like adding items to your shopping basket, cannot be provided. If you disable these cookies certain parts of the Nespresso Platform will not function for you, for example, adding items to your basket, proceeding to checkout.

     

    As long as necessary

    Functional and performance cookies

    These cookies help us improve or optimise the experience we provide. They allow us to measure Nespresso Platform usage and improve performance. These cookies help us understand how visitors interact with Nespresso Platforms and we use this information to improve the user experience and performance of Nespresso Platforms.

     

    90 days

    Advertising cookies

    These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They remember the websites you visit and that information is shared with other parties such as advertisers. We may share this information with other parties, including our partners.

     

    90 days

    Social media cookies

    These cookies are used when you share information using a social media sharing button on a Nespresso Platform. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

     

    90 days



    1. Manage your cookie consent preferences

    You may access and change your cookie preferences at any time.

    1. Notice Update

    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 Nespresso Platforms and, where appropriate, we will notify of any changes by email.

    1. Privacy Policy

    For further information about how your data is used (including controller details), please see our Privacy Policy on this page.

    This Cookie Notice was last updated 13/12/2018

  • Contact us by

  • Phone

    • 0800 49653
    • Mon - Fri: 08.00 - 19.00
    • * Freephone
  • Email Send an email
    • Mail  Nespresso Club
  • Fax

    • 0800 88 82 83
    • Mon - Fri: 08.00 - 19.00