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  • Nespresso Privacy Policy

    Nestlé Korea Nespresso business unit including the affiliates of Nespresso (hereinafter referred to as “Nespresso”) is doing its best to protect the personal information of its users while you operate the Nespresso brand website. Nespresso complies with the personal information protection regulations of relevant laws including the Personal Information Protection Act, the Protection of Communications Secrets Act, the Telecommunications Business Act, the Act on Promotion of Information and Communications Network Utilization etc., all of which must be observed by telecommunication service providers, and the privacy guidelines enacted by the Korean government including the Korea Communications Commission (KCC), the Ministry of Science and ICT and the Ministry of the Interior and Safety. This Privacy Policy will show you how and in what purpose the personal information you provide is used, and what measures have been taken to protect the personal information. Nespresso’s Privacy Policy is easily accessible to its users on the first page of the website.

    This Privacy Policy is subject to change due to changes in government laws and guidelines, or Nespresso’s in-house policies. If there is any change in the Privacy Policy, it will be updated on the website immediately and the users may be easily accessible to such changes with a date of revision.

    The Privacy Policy of Nespresso includes the following contents:

    1. Items of personal information to be collected and collection methods

    2. Collection of personal information and purpose of use

    3. Period of retention and use of collected personal information

    4. Procedures for destruction of personal information

    5. Consignment of personal information

    6. Rights of users and legal representatives, and methods of exercise of the rights

    7. Technical and administrative protection of personal information

    8. Installation/operation and refusal of cookies

    9. Transfer of personal information to third parties

    10. Cross-border transfer of personal information

    11. CPO and relevant department

    12. Obligation of notification upon revision of the Privacy Policy

     

    1. Items of personal information to be collected and collection methods

    In order to help its users sign up for membership, and receive consultation and different services, Nespresso collect the following items of personal information:
    Name, email, address, mobile phone number (mobile phone number), zip code

    In addition, service use log, access log, cookies, access IP information, membership information processed for the purpose of marketing, etc. may be created and collected during the process of service use or business operation.

    Also, personal information such as the brand and number of a credit card (when paid by credit card), the name of a bank and account number (when paid by wire transfer) may be collected during the process of purchasing Nespresso products. And other personal information such as the name, phone number, address, zip code of the recipient may be collected in case of the delivery of products.

    2. Collection of personal information and purpose of use

    Most services provided on the brand website are available without registration. However, Nespresso collects personal information of its users to improve the quality of its services including customized services through brand membership service, purchase of products, participation of various events, consumer survey, etc. Any collected personal information is utilized for the following purposes:

    2.1. Implementation of a contract for services and charging upon the provision of services

    Provision of contents, provision of customized services, delivery of products or invoice, identity certification, purchase and settlement, collection of fees

    2.2. Membership management

    Use of membership services and identification in line with limited verification of identity, personal identification, prevention of unauthorized use by a bad member and prevention of unauthorized use, verification of the intent for subscription, Subscription and restriction of the number of subscription, confirmation of the consent of legal representatives when collecting personal information of children under 14 years old, subsequent personal identification of legal representatives, record keeping for reconciliation, handling of complaints, and notification

    2.3. Marketing advertisement

    Development of new services and provision of customized services, provision of services and advertisements customized for different statistical properties, confirmation of validity of services, provision of promotion and participation of events, verification of access frequency, statistics of service use

    3. Period of retention and use of collected personal information

    Nespresso retains and utilizes the personal information of its users in accordance with regulations while a user as a member of the Nespresso brand website uses the customer services provided by Nespresso. When a member requests for cancellation of subscription or when the purpose of collecting and using personal information is achieved, the information concerned is destroyed immediately. Yet, the following information shall be retained for a certain period of time.

    Personal information shall be retained for a certain period of time when relevant laws, such as Commercial Act and the Act on the Consumer Protection in Electronic Commerce, etc., mandate the retention of such information.

     

    • Retention items: Record on contracts, cancellation of a contract, etc.
      Relevant laws and policies: Act on the Consumer Protection in Electronic Commerce, etc.
      Retention period: 5 years
    • Retention items: Record on payment, supply of goods, etc.
      Relevant laws and policies: Act on the Consumer Protection in Electronic Commerce, etc.
      Retention period: 5 years
    • Retention items: Record on consumer complaints or handling of disputes
      Relevant laws and policies: Act on the Consumer Protection in Electronic Commerce, etc.
      Retention period: 3 years
    • Retention items: Record on labeling/advertising
      Relevant laws and policies: Act on the Consumer Protection in Electronic Commerce, etc.
      Retention period: 6 months
    • Retention items: Accounts regarding all transactions regulated by tax laws, and documentary evidence
      Relevant laws and policies: Framework Act on National Taxes
      Retention period: 5 years
    • Retention items: Record on electronic financial transactions
      Relevant laws and policies: Electronic Financial Transactions Act
      Retention period: 5 years
    • Retention items: Service access history
      Relevant laws and policies: Protection of Communications Secrets Act, Act on Information and Communication Network
      Retention period: 1 years
    • Retention items: Fraudulent uses
      Relevant laws and policies: In-house rules
      Retention period: 1 years

     

    4. Procedures for destruction of personal information

    In principle, personal information of users is destroyed immediately after the purpose of collecting and use of such information is achieved. The information a user has entered to sign up for subscription is transferred to separate DB (a separate filing cabinet in case of hard copies) and stored for a certain period of time before being destroyed in accordance with in-house rules and other relevant laws (refer to 3. Period of retention and use of collected personal information).

     

    5. Consignment of personal information

    The following businesses which has entered a contract with Nespresso handles personal information on consignment. Nespresso specifies requirements to ensure safe handling of personal information on consignment in accordance with relevant laws.

     

    • Gaeasoft Corp.
      Consignment Work: Digital marketing
    • ValuePoint Corp.
      Consignment Work: DM mailing for online and offline members
    • Jconcompany Co., Ltd.
      Consignment Work: Sending SMS or E-mail to online/offline members
    • NHN KCP Corp.
      Consignment Work: Settlement via credit card, mobile phone or real-time wire transfer
    • Taeeun Inc.
      Consignment Work: Product packing
    • Ubase, Inc.
      Consignment Work: Customer services
    • Valex
      Consignment Work: Storage of documents of offline members
    • Ilyang Logistics
      Consignment Work: Product shipping

     

    In order to provide useful information such as promotion of a new product or an event, the company may consign the handling of personal information, and in such a case, a separate consent is required. A user may not consent to the handling of personal information on consignment, which will not result in the provision of services on consignment such as personal identification, analysis of customer data, shipping of products, etc.

    6. Rights of users and legal representatives, and methods of exercise of the rights

    Users and legal representatives may check or revise their personal information or that of children under 14 years old, or request for cancellation of subscription on the brand website at any time.

    Personal information of users or children under 14 years old can be accessed or revised by clicking “Personal Information” in my account and their subscription can be cancelled by clicking “Contact Preferences.”

    Or the above requests will be immediately taken care of if you contact the Chief Privacy Officer in writing, by telephone or email.

    When users request correction of their personal information where they believe there is an error or omission, the information will not be used or provided to any one before the correction is complete. In addition, when wrong personal information has already been provided to a third party, the corrected information will be notified to the third party without delay.

    The company ensures that the personal information cancelled or deleted upon the request of users or legal representatives is handled as specified in "3. Period of retention and use of collected personal information" and is not accessed or used for any other purposes.

    7. Technical and administrative protection of personal information

    Nespresso acts for or on behalf of Nespresso and has been taken all reasonable measures to prevent any parties from acquiring your personal information except the third parties who have agreed to protect the confidentiality of your personal information.

    A. Administrative protection
    Nespresso strives to protect your personal information by establishing an in-house personal information management plan and conducting regular trainings for its employees. Any access to such data is allowed only when necessary and limited to some of Nespresso’s employees which have been trained to comply with its strict standards for confidentiality while dealing with your personal information.

    B. Technical protection
    In order to ensure the confidentiality of the collected data, Nespresso uses a data network protected by industrial standard firewall and password protection systems. While Nespresso strives to build a website which is safe and reliable for its visitors, the Internet is generally not a secure environment. Therefore, you need to be noted that Nespresso does not guarantee the confidentiality of personal information you have provided or such information you have sent via the Nespresso website or email. In this respect, Nespresso is not responsible for the security of your personal information during the process of delivery to Nespresso online.

    C. Physical protection
    Nespresso takes protective measures to prevent physical access to personal information through the physical locking mechanism for personal information processing system and access control of a data processing center, archives, etc.

    8. Installation/operation and refusal of cookies

    Service use log, access log, cookies, access IP information, membership information process for the purpose of marketing, etc. may be created and collected during the process of service use or business operation.

    Anonymous data is processed to improve contents of the Nespresso website, to optimize the website for the benefit of its visitors, and to figure out the current status of website visitors and their activities. While carrying out such activities, Nespresso uses a tracking mechanism (“cookie”) to collect anonymous data including the type of browser, OS, the access date and time. The cookie itself cannot be used for the purpose of disclosing the identity of a user. A cookie a piece of information that is transmitted to your browser and stored on your computer’s hard drive.

    Users have an option to enable or disable cookies. In other words, users may set the options on their web browsers to allow all cookies, to ask whenever cookies are stored, or to decline storing of all cookies. When users decline storing of cookies, however, they may not be able to access some of the online shop services which require them to log on.

    9. Transfer of personal information to third parties

    In principle, Nespresso never discloses the personal information of its users to third parties except the following cases:
    - When its users have given a prior consent to the disclosure; or
    - When there is a request of the investigative authorities in accordance with the provisions of laws or the investigative procedures and methods stipulated in laws.

    10. Cross-border transfer of personal information

    As a multinational brand, Nespresso has its database centers in different jurisdictions. Nespresso can transfer your personal information to any destination outside of your residing country (i.e. one of the database centers), affiliates of the Nespresso group, or its partners which have signed a confidentiality agreement.

    Details are as follow:

     

    • Personal Information Items to be Transferred: Name, email, phone number, address
    • Transferee’s Country: Switzerland
    • Date of Transfer: Upon sign-up for membership
    • Method of Transfer: Electronic transfer
    • Transferee Corp.: Nestle Nespresso S.A
    • CPO of Transferee Corp.: Robert Lineke, Information Security Program Manager
    • Purpose of Use: Implementation of a contract for providing services to Nespresso Club members; charging upon the provision of services; membership management; and handling of client complaints
    • Period of Possession and Use: Until withdrawal of Nespresso Club membership and accomplishment of purpose of personal information collection and use

     

    If the level of private information security in a specific country fails to meet the international certification standards, Nespresso will ensure that the data transferred to its database center in the country concerned is protected sufficiently, and that no data is transferred to third parties in such a country. Your submission of your personal information will be deemed you accept that the information may be transferred to affiliates or partners of the Nespresso group and that with the purpose, a cross-border transfer of such information may take place.

    11. CPO and relevant department

    To protect personal information of its users and deal with related complaints, Nespresso has assigned a Chief Privacy Officer (CPO) and a relevant department as below:

    [Chief Privacy Officer]
    Name: Director, LEE, Yong-won
    Contact: 080-734-1111

    [Nespresso Club]
    Contact: 080-734-1111

    If reporting or consultation regarding personal information infringement is required, please contact the agencies below:
    - Personal Information Infringement Reporting Center of Korea Internet & Security Agency (privacy.kisa.or.kr / 02-405-5118)
    - ePRIVACY Accreditation Committee (www.eprivacy.or.kr / 02-550-9531~2)
    - Cyber Bureau of Korea National Police Agency (www.ctrc.go.kr / 182)
    - High-tech Criminal Investigation Department of Supreme Prosecutors’ Office (http://www.spo.go.kr / 02-3480-2000)
    - Cyber Terror Response Center of Korea National Police Agency (www.ctrc.go.kr / 02-392-0330)

    12. Obligation of notification upon revision of the Privacy Policy

    The Privacy Policy of Nespresso was established on September 1, 2013. Any addition, deletion or revision of this policy due to changes in laws, policies or technologies will be notified on the brand website.

    Date of last revision: November 26, 2018
    Date of enforcement: June 1, 2014

    Nestlé Korea Nespresso business unit
    November 2018

    © 2003 Nestlé Nespresso S.A. All rights reserved.

  • Conditions of Sales

    Article 1. (Purpose)
    This SALES TERMS AND CONDITIONS (hereinafter referred to as this “Agreement”) is made to stipulate rights and obligation and/or responsibility of users and on-line mall (hereinafter referred to as “Mall”) in using the services (hereinafter referred to as “Service”) offered by the Mall operated by Nespresso Division or Subsidiary of Nestlé Korea (hereinafter referred to as “Company”).

    Article 2. (Definition)
    ① Mall means a virtual place of business on which the Company may trade goods, etc. by using information and communications equipment, including but not limited to computers, to provide users with goods and services (hereinafter referred to as “Goods, etc.”), and the Mall also means the operator of the on-line mall.
    ② User means a members or non-member receiving the service provided by the Mall by accessing the Mall in accordance with this Agreement.
    ③ Member means the person who joined the Mall as a member and is allowed to use the Service provided by the Mall continuously.
    ④ Non-member means the person who uses the Service provided by the Mall without joining the Mall as a member.

    Article 3. (Disclosure, Explanation and Amendment of Terms and Conditions, etc.)
    ① The Mall shall display this Agreement, company name, name of CEO, address of business office (including the address through which consumers can submit complaints), phone number, facsimile number, email address, business registration number, mail-order business registration number, Chief Privacy Officer, etc. on the first page of the Mall, so that users can easily find. Notwithstanding the foregoing, the content of this Agreement may be displayed to Users through a link page.
    ② The Mall shall obtain the confirmation of a User for important matters, including but not limited to cancellation of purchase, delivery obligation, refund terms, through a separate link page or pop-up window before the User agrees on this Agreement, so that the User may understand such important matters.
    ③ The Mall may modify this Agreement within the extent that it does not violate applicable laws, including but not limited to ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., ACT ON THE REGULATION OF TERMS AND CONDITIONS, FRAMEWORK ACT ON ELECTRONIC DOCUMENTS AND TRANSACTIONS, ELECTRONIC FINANCIAL TRANSACTIONS ACT, DIGITAL SIGNATURE ACT, ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC., ACT ON DOOR-TO-DOOR SALES, ETC., FRAMEWORK ACT ON CONSUMERS.
    ④ In the event of any modification of this Agreement, the Mall shall display the announcement stipulating the date of application and cause for modification on the first page from seven (7) days prior to the date of application to the previous day of the same date. Notwithstanding the foregoing, in the event that such modification becomes disadvantageous to Users, such modification shall be announced at least thirty (30) days prior to the date of application. The Mall shall clearly compare the modification on a before-and-after basis for easier understanding of the Users.
    ⑤ In the event that the Mall makes any modification of this Agreement, the modified Agreement shall be applied only to the contracts to be concluded after the date of application, whereas the provisions of this Agreement prior to the modification shall be applied to the contracts which have been previously concluded prior to the same date. Notwithstanding the foregoing, in the event that a User who already entered into the Contract sends his or her intent to be applied by the provisions of the modified Agreement to the Mall within the period of announcement for the modification of this Agreement in accordance with Clause 3 and acquires the approval of the Mall, the provisions of the modified Agreement shall be applied accordingly.
    ⑥ The matters not stipulated herein and the interpretation of this Agreement shall be in accordance with the ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC., ACT ON THE REGULATION OF TERMS AND CONDITIONS, Consumer Protection Guidelines in Electronic Commerce Transactions, etc., and other applicable laws and commercial practices.

    Article 4. (Provision and Change of Service)
    ① The Mall shall perform the following duties:
    1. Provision of information regarding product or service, and conclusion of purchase contracts;
    2. Delivery of product or service on purchase contract; and
    3. Other duties designated by the Mall.
    ② The Mall may replace product or service provided by the contract to be concluded in the event that product or service is sold out or technical specifications are changed. In this case, the Mall shall immediately announce the replacement of the product or service and the date of delivery on the page where the present product or service is displayed.
    ③ In the event that product or service on the contract with a User needs to be replaced because the product or service is sold out or technical specifications are changed, the Mall shall immediately notify the cause to the address of the User.

    Article 5. (Suspension of Service)
    ① The Mall may temporarily suspend the provision of service in the event of any repair, inspection, replacement, and/or breakdown of information and communication equipment, including but not limited to computers, or interruption of communication.
    ② The Mall shall compensate the User or any third party for damages caused by the temporary suspension of provision of service due to the cause(s) in Clause 1. Notwithstanding the foregoing, this shall not apply if the Mall proves that such event is not caused by its intention or negligence.

    Article 6. (Membership)
    ① The User shall apply for the membership by expressing his or her intent to agree on this Agreement after filling out the form designated by the Mall with the member information.
    ② The Mall shall register the User who applied for the membership in the manner stipulated in Clause 1 as a Member, provided that the User is not engaged in one of the following items. In the event that:
    1. There is false information, omission, or typo in the registered content; or
    2. The Mall deems that the application may cause significant technical inconvenience to be registered as a Member.
    ③ In the event that there is any change in the registered information, the Member shall notify the changes to the Mall by modifying his or her member information, etc.

    Article 7. (Withdrawal from Membership and Loss of Eligibility)
    ① Any Member may at any time request for the withdrawal from its membership to the Mall, and the Mall shall proceed with the withdrawal upon the request of the Member.
    ② In the event that a Member is engaged in one of the following items, the Mall may limit or suspend the eligibility of the Member. In the event that the Member:
    1. Registered false information at the time of the application for membership;
    2. Has not paid the price of goods he or she purchased through the Mall or other liability borne by the Member in respect of the use of the Mall until the due date.
    3. Interrupts others to use the Mall or threats the order of e-commerce through identity theft, etc.; or
    4. Takes any action being against laws or this Agreement by using the Mall.
    ③ The Mall may revoke eligibility of the Member whose membership was suspended or limited in the event that same actions are repeated twice or more, or the cause is not corrected within thirty (30) days.
    ④ In the event that the Mall revokes eligibility of any Member, the Mall shall cancel the membership. In this case, the Mall shall notify the cancellation of membership and give the Member thirty (30) days or more to grant an opportunity to explain the cause prior to the cancellation.

    Article 8. (Notification to Members)
    ① In the event of any notification of the Mall to a Member, it may be delivered via an email address designated by the Member through a prior agreement with the Mall.
    ② In the event of the notification to unspecified Members, the Mall may replace individual notification by displaying such notification on the board of the Mall for one (1) week or more. Notwithstanding the foregoing, the Mall shall give individual notice to a Member in respect of any matter which may have a significant influence on the Member regarding his or her transaction.

    Article 9. (Order and Price)
    ① By making an order in the Mall, a User makes an offer to purchase.
    ② The price displayed on the Mall at the time of order shall include value-added tax, whereas it shall not include delivery fee. (Value-added tax and delivery fee shall be marked separately in shopping cart and check-out page.)
    ③ Delivery fee for product worth less than KRW 165,000 shall be KRW 2,500 including value-added tax, whereas delivery fee for product worth KRW 165,000 or more shall be for free. (Notwithstanding, the foregoing delivery fee shall not be applicable in the event that the order is not made online.)
    ④ A User may get restricted for his or her minimum and/or maximum volume of order. Also, a User may order coffee in the unit of fifty (50) capsules.

    Article 10. (Conclusion of Contract) ① The Mall may not accept the order made in accordance with Article 9.
    ② The contract is deemed to be concluded when the acceptance of the Mall is delivered to the User in the form of the confirmation of receipt stipulated in clause 1 of Article 12. Until then, the contract shall not be concluded.

    Article 11. (Payment Method)
    The method of payment for a product or service purchased through the Mall may be selected among the following items:
    1. Card payment, including but not limited to prepaid card, debit card, and credit card. (Payment shall be handled immediately, and the process shall be encrypted for the security reason.)
    2. Payment upon delivery

    Article 12. (Notice of Receipt, and Change and Cancellation of Order)
    ① In the event of order of a User, the Mall shall notify the User with the receipt of the order.
    ② In the event that there is any discordance between expressions of intent and notice of receipt, the User who received the notice of receipt may change or cancel the order immediately after the User receives the notice, and in the event of any request of a User prior to shipping, the Mall shall deal with the request without any delay. Notwithstanding the foregoing, in the event that the payment has been already made, it shall be in accordance with the stipulation related to the withdrawal of contract in Article 15.

    Article 13. (Delivery of Goods, etc.)
    ① The Mall shall deliver the goods contracted to the address entered at the time of order by User. Notwithstanding the foregoing, delivery shall be restricted to within the territory of Republic of Korea. ② Unless there is a separate contract on the time of provision of Goods, etc. with Users, the Mall shall take necessary measures, including but not limited to making custom products, packaging, etc., in order to deliver the Goods, etc. within three (3) days from the day of order by the Users. Notwithstanding the foregoing, the products ordered before three (3) PM may be shipped on the same day.

    Article 14. (Inspection)
    ① A User shall confirm the number and condition of products immediately upon the receipt of the product he or she ordered.
    ② In the case that there is any damage or missing Goods, etc. in the above confirmation and the User notify the fact to the Mall within eight (8) days, the User may get the replacement with the same Goods, etc. without limiting the Clause 15.

    Article 15. (Withdrawal of Contract, etc.)
    ① A User may withdraw contract within seven (7) days from the day when he or she received the writings on the contract (if provision of the Goods, etc. is later than the receipt of the writing, from the day when the Goods, etc. were delivered or delivery of the Goods, etc. started) in accordance with Clause 2 of Article 13 in ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC. Notwithstanding the foregoing, in the case that ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC. stipulates otherwise on withdrawal of contract, the User shall follow such provisions.
    ② A User who received the Goods, etc. may not get a return or replacement of the Goods, etc. in the one of the following events. In the event that:
    1. The Goods delivered are destroyed or damaged due to the reason attributable to the User. (Notwithstanding the foregoing, the User may withdraw the contract in the event that the User damaged packaging in order to confirm the condition of the Goods, etc. inside.);
    2. The value of the Goods, etc. is significantly decreased by the use of the User or some consumption;
    3. The value of the Goods, etc. is significantly decreased by the lapse of time to the extent that the Goods, etc. are not good enough to resell; or
    4. The Goods, etc.(original one) or packaging are damaged, if the Goods, etc. may be reproduced to the Goods showing the same performance.
    ③ Notwithstanding the above Clause 1 and Clause 2, in the event that the Goods, etc. are different from labels and/or advertisements, or contract is not performed accordingly, the Users may withdraw from contract within three (3) months from the date of receipt of such Goods, etc., or within thirty (30) days from the date on which he or she recognized or could recognize that the contents of the Goods, etc. differ from the advertisement or the provision of contact.

    Article 16. (Effect of Withdrawal from Contract, etc.)
    ① In the event that the Mall received the returned Goods, etc. from a User, the Mall shall refund the price for the Goods, etc. within three (3) business days. In the event that the Mall delays the refund for the Goods, etc. to the Mall, the Mall shall pay delay interest calculated by multiplying the duration of delay and delay interest rate stipulated by Clause 2 of Article 21 in ENFORCEMENT DECREE OF THE ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE, ETC.
    ② In refunding the above price, in the event that the User paid the price for the Goods, etc. with the payment methods, including but not limited to credit card, the Mall shall make the request the company providing such payment methods without delay for suspension or cancellation of charging.
    ③ The Users shall bear the cost for returning the Goods, etc. provided in the event of withdrawing contract. The Mall shall not claim compensation for damages or cancellation fee for the reason of withdrawing contract. Notwithstanding the foregoing, in the event that contract is withdrawn because the Goods, etc. are not the same with mark and/or advertisement, or contract is not performed accordingly, the Mall shall bear the cost for returning the Goods, etc.

    Article 17. (Protection of Personal Information)
    ① The Mall shall comply with related laws in handling personal information of Users.
    ② In regard to the handling of personal information, the Mall shall apply its Personal Information Management Policy which will be provided separately.

    Article 18. (Warranty and After-Sales Service for Coffee Machine)
    ① The coffee machine purchased by the Users at the Mall shall be eligible for the warranty of coffee machine manufacturer in accordance with the terms stipulated in the original version of product specification sheet.
    ② The Users may enquire after-sales service related matters in regard to coffee machine by contacting the contact information displayed on the Mall.

    Article 19. (Obligation for Passwords of Members)
    ① Each Member shall be responsible for the management of his or her password.
    ② Each Member shall not allow any third party to use his or her password.
    ③ In the event that a Member recognizes that his or her password is stolen or used by any third party, the Member shall immediately notify the fact to the Mall, and follow the instruction of the Mall, if required.

    Article 20. (Obligations of Users)
    Users shall not:
    1. Register false information at the time of his or her application or change of information; 2. Steal others’ personal information;
    3. Change information displayed on the Mall;
    4. Remit or display any information other than the information selected by the Mall (computer program, etc.);
    5. Infringe the copyright or the intellectual property right of the Mall or any third party; and 6. Take any action to bring disgrace on or interrupt the operation of the Mall or a third party.

    Article 21. (Limit of Responsibility)
    ① The photos and text describing and/or depicting the Goods, etc. posted on the Mall shall not be limited by the contract, and they shall be provided solely for the purpose of providing information. The Mall shall not be responsible for any error and/or omission of the photos and text.
    ② In the event that the country in which the Mall ships the Goods, etc. is different from the country of receiving the Goods, etc., the Mall shall not be responsible for any problems of the Goods, etc. related to non-compliance of the laws and rules in the delivered country or voltage or other product compatibility.

    Article 22. (Copyright and Limitation of Use)
    ① The copyright and other intellectual property right for the works produced by the Mall shall be belonged to the Mall.
    ② The User may not use or cause any third party to use the information of which intellectual property right is belonged to the Mall among those acquired in the course of the use of the Mall for the reproduction, transmission, publishing, distribution, broadcasting or other profit-making use without the prior consent of the Mall.
    ③ The Mall shall notify the User when using the copyright belonged to the applicable User in accordance with agreement.

    Article 23. (Force Majeure)
    ① The Mall shall make all reasonable efforts to perform obligations hereunder. Notwithstanding the foregoing, the Mall shall not be responsible for the delay or failure of delivery caused by the circumstances beyond control. These circumstances include but not limited to strike, war, natural disaster, or other circumstances making production, shipping and delivery of products impossible.
    ② Even in the case of Clause 1, the Mall shall perform its obligation as swift as possible, and make best efforts to allocate the remaining Goods, etc. to the Users in a fair and reasonable manner.

    Article 24. (Jurisdiction and Governing Law)
    ① Any and all e-commerce-related lawsuits raised by and between the Mall and a User shall be in accordance with the address of the User at the time of the suing, and in the event that there is no address, such lawsuit shall be exclusively controlled by the competent court of jurisdiction. Notwithstanding the foregoing, in the event that the address or residence of the User at the time of the suing is not clear or in the event of foreigner, the lawsuit shall be filed to the competent court on the CIVIL PROCEDURES ACT.
    ② The governing law of this Agreement shall be the law of the Republic of Korea.

  • Nespresso International Competitions & Promotions General Rules

    1. Scope & application
    1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
    1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
    1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
    1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.

    2. Participants
    2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
    2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules.  Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
    2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
    2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.

    3. Entries
    3.1 Promotions are free to enter and no purchase of any kind is necessary.
    3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
    3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
    3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
    3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
    3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
    3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.

    4. Prizes
    4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
    4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
    4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize. 
    4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
    4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
    4.6 In addition, all travel or holiday prizes are subject to the following:
    (a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
    (b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
    (c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
    (d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
    (e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
    (f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.

    5. Personal information
    5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
    5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
    5.3 All personal data provided by Participants or received Nespresso will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and 1993 OLPD 235.11, as amended) and Nespresso's published Privacy Policy, the latest version of which is available at www.Nespresso.com. By accepting these Rules, participants also accept the terms of the Privacy Policy, which they should read before submitting an entry.
    5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
    (a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso's Website or other technical means  as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
    (b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
    (c) All Invitations shall nominate the Participant as sender and not Nespresso;
    (d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
    (e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
    5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.

    6. Intellectual property
    6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
    6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
    6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person.  Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
    6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.

    7. General
    7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
    7.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
    7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.    
    7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.

    2010
    NESTLE Nespresso LTD.

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