For Clients and Distributors of Nespresso PROFESSIONAL
1.2. By registering and clicking on the "I accept " icon, the user acknowledges that he/she has read, understood and accepted the present conditions and that he/she intends to comply with them.
2. Description of the Services
2.1. Nespresso is the manufacturer of Nespresso PROFESSIONAL products, a line centred around an exceptional coffee and intended for enterprises and 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, 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 email 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 a platform available to facilitate commercial exchanges between clients and distributors of Nespresso PROFESSIONAL. Nespresso cannot by consequence be held responsible for the obligations of either the distributor or the client, namely with respect to prices, delivery, invoicing, or payment of the products.
3. Obligation to Register
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/her to access the site and the services that it offers.
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 way modify such sales conditions.
4.3. 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 cannot in any case be considered as being responsible in case of disagreement, errors, non-performance, or conflicts that could arise between the client and the distributor.
5.1. You use and navigate this site at your own risk and peril. You acknowledge and expressly accept the exclusive dispositions here under.
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, THAT THEY WILL NOT BE INTERRUPTED, OR THAT THEY WILL BE TIMELY, SECURE AND FREE OF ERROR.
5.4. ALL MATERIALS THAT 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 that could affect your computer equipment by reason of your use of access to or downloading of any material from this site.
6. Limitation of Liability
6.1. You recognize 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 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 the use or, on the contrary, the impossibility 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 cannot be held liable for any acts of the users of this site.
7. Modification of Services
Nespresso reserves the right, without indemnity or 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 cannot 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 that 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.
9.1. The present site contains automatic links to the sites of distributors and may contain hypertext links leading to other Internet sites. Nespresso cannot be considered 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.
10.1. 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.
11. Applicable Law and Forum
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.
1. PLEDGE ON PRIVACY
Nespresso does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data, we pledge to fully comply 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, to market products and services we believe might be of interest to you, to process your job application, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services for our visitors and customers, for our own internal statistics, to evaluate customer interest, as well as to identify buying behaviours and other trends among customers, and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Nespresso keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements. Most of our services do not require any form of registration, thereby allowing you to visit our websites, boutiques and bars without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to choose a username and password. In these situations, if you choose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.
3. NON-DISCLOSURE OF INFORMATION
Nespresso shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the Nespresso group of companies, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of Nespresso, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, Nespresso shall ensure that such third parties provide the same level of protection as Nespresso, and shall contractually require them to process Data transferred only for the purposes authorized by you and on a confidential and secure basis.
4. RIGHT OF ACCESS
You have the right to access and update your Data or to require their deletion. We endeavour to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact Nespresso at the following address:
1130 rue Sherbrooke Ouest, suite 1050
Montréal, QC H3A 2M8
Your request will be dealt with in a prompt and proper manner.
5. SECURITY / CONFIDENTIALITY
We undertake to take all reasonable steps in order to prevent your Data from being seen by third parties other than those who act for or on behalf of Nespresso and have agreed to treat your Data confidential and secure. Access to Data is restricted to our employees who need access and who have been trained to observe strict standards of confidentiality in handling your Data. To ensure the security and confidentiality of Data that Nespresso collects online, we use data networks protected, inter alia, by industry-standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a completely secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by email cannot be guaranteed by Nespresso. Thus, we cannot be held responsible or liable for the security of your Data while in transit via the Internet to us.
6. DATA TRANSFER ABROAD
Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your Data to one of its databases or to companies within 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 to this end to its trans-border transmission.
7. CAREER OPPORTUNITIES
If you are interested in applying for either a position published or any future job opportunity within Nespresso, you may provide us with your Curriculum Vitae ("CV"). We will then match your qualifications and experience to the position you applied for, or any other current job opportunity. If your profile corresponds to our requirements, we will contact you. You agree that we may keep your CV in our databases for a reasonable period, after which it will be deleted. By applying, you are consenting to have your CV and Data used to process your job application, to have such CV and Data communicated to other companies within the Nespresso group and to our partners, who have agreed to keep such CV and Data confidential and secure, and to this end having it transmitted across national borders. Nespresso undertakes to use your CV and Data only in relation to your career opportunities.
8. ANONYMOUS DATA / "COOKIE" TECHNOLOGY
Most of the information we collect from our websites is anonymous information. When you visit our websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by Nespresso to help improve the content of our websites, to customize our websites for our visitors and to learn more about them and how they use our websites. In doing so, Nespresso may use tracking technology (cookies) to gather anonymous information, such as browser type, operating systems and the date and time of access. "Cookies" by themselves cannot be used to discover the identity of the user. A "cookie" is a small piece of information that is sent to your browser and stored on your computer hard drive.
Nespresso does not conduct "spamming". Spamming is defined as sending unsolicited emails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by email while giving you the choice of opting out of such service.
10. DATA AND CHILDREN
To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Nespresso will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). Our websites are general-audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.
11. LINKS TO OTHER WEBSITES
As a service to our visitors, our websites may provide hyperlinks to other websites that are not operated or controlled by Nespresso. Therefore, Nespresso cannot be responsible or liable for the content of such websites or the privacy practices of such other parties. Please note that these privacy practices may differ from our Policy. We encourage you to review and understand their privacy practices before providing them with personal information.
12. CONTACT Nespresso
Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact Nespresso at the following address:
1130 rue Sherbrooke Ouest, suite 1050
Montréal, QC H3A 2M8
Nestlé Nespresso S.A.
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations. Orders must include a minimum of 120 capsules sold per tube and/or 100 capsules sold per box.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
NESTLE Nespresso LTD.