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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 Nestlé 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

    Nespresso's Privacy Policy has been elaborated in order to reaffirm our commitment to the privacy and security of the information provided by our customers, members of the Nespresso Club. By placing orders for our products and using our services, you agree with the practices regarding the collection and use of data described in this policy, which may be occasionally updated. We reserve the right to change this Privacy Policy and we recommend you refer to it from time to time in order to be aware of any changes.
    This policy covers the way Nespresso deals with the information that can identify users, whether those gathered directly on this website or those stored in its electronic database by other means of collection, such as forms filled in by physical means or queries to the customer service.

    Nestlé Brasil Ltda. - Nespresso Business Unit
    Avenida Doutor Chucri Zaidan, 246, 22º Andar – Vila Cordeiro / São Paulo-SP
    CNPJ: 60.409.075/0126-73 - IE (State Registration Number): 149.614.769.117 1.

    Pledge of Privacy Nespresso does not collect or process personal identification data such as name, address, telephone/fax number, and e-mail unless you wish to provide them. We guarantee our team complies with strict security and confidentiality standards and when we process your data we ensure we are in full compliance with internationally recognized standards of privacy protection.

    2. Intended use of Data
    Nespresso collects and processes data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use data to provide you with our products or services, to bill you for products or services you request, to verify your credit, and to inform you about products and services which we believe might be of interest to you. We may also use your data to assess the efficiency of our products and services and then improve them by analyzing the products and services you are most interested in as well as purchase trends. By submitting your data, you expressly consent to such use. Nespresso keeps your data only as long as it is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. After that period, your personal information will be deleted from all systems of the Nespresso Group. Some of our services require registration to be used and, when registering, you will have to fill in mandatory and optional fields and you will also be able to choose a user for access (email) and a password. If you refuse to provide any of the requested data, you will not have access to certain areas of our website and mobile application and for that reason we possibly may not answer your questions. Additionally, Nespresso uses search technology by means of cookies in order to collect personal information such as the type of browser and the operating system you have in your computer, reference page, your way through the website, ISP domain, etc. in order to better understand how visitors use this website so that we can determine the profile of those who visit the website and improve our services, products, content, and ensure the best offers and promotion. Nespresso also keeps all information gathered through cookies in a format that prevents personal identification. This information will not be disclosed outside of the Nespresso Group or to the third parties designated by us and will not be used for unsolicited communications. In addition to your IP (Internet Protocol) address, the cookies in your computer do not have your name. After the end of the session, the information in the cookies will no longer be available to Nespresso. It is worth saying that your data is registered by Nespresso in an automated way and therefore no human intervention is needed. We recommend you make sure that your computer settings reflect your position for accepting or declining cookies. Your browser has features that may warn you before accepting the receipt of cookies or you may simply set it to decline them, despite the fact that you may not have access to all features of this website if you do so. Remember that if you use different computers at different places, it will be necessary to ensure that each of your browsers is set to reflect your preferences with respect to cookies.

    3. Non Disclosure of Information
    We undertake to take all possible and applicable measures in order not to allow that your data is viewed by third parties in addition to those that work for in on behalf of Nespresso and that have agreed to use your data in a confidential and secure manner. Access to data is limited to our employees, who are trained to follow strict confidentiality standards, on a need to know basis. Nespresso will never sell, rent, share, distribute or make available your data to third parties that do not belong to the Nespresso Group, except for government agencies and legal authorities in case we are required to do so in order to comply with the applicable law; or in accordance with our criteria in good faith, such disclosure becomes reasonably necessary for complying with legal proceedings; in response to any actions or legal claims; or for the purposes of protecting the rights of Nespresso Group, its customers or the public in general. Nespresso requires its partner companies and service providers to guarantee the protection and privacy of the data referred to in this policy in cases when such data needs to be shared. In order to ensure the security and confidentiality of the data Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection.

    4. Right of Access
    You have the right to access and update your data or to require its deletion. We endeavor to ensure that your data is up to date, accurate and complete. If you wish to access, correct or delete the data we keep, please contact Nespresso at the following address: click here. Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your data to one of its databases or to companies of the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and therefore to its international transmission.

    5. Spamming Spam is unsolicited email, usually of commercial nature, sent in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. Nespresso does not send spam. We inform Nespresso Club Members about the release of products, offers, services and benefits, as we believe these are of interest to you. However, Nespresso will not use your personal information (or your email) for direct marketing or to send communications unless you EXPRESSLY authorize us to do so. That condition is known as “Opt-in.” Such communications sent by e-mail mandatorily offer the option to cancel the sending of this type of message by Nespresso, which can also be requested through other service channels such as chat, toll free number 0800 7777 737 or via the Contact Us email form. Your request will be met within the minimum time required for execution.

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