Legal information

• 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.

   

• Nespresso Privacy Notice

  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

  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.	- 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
  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.
  Order fulfillment We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.	- Fulfilling contractual obligation - With your consent (where required - Legal obligations - Our legitimate interests	- Improving and developing new products and services - Protect our assets and staff
  ther 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.
  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 to ContactNL@Nespresso.com or writing to us at Nespresso Nederland B.V. Stroombaan 14, 1181VX Amstelveen Nederland, 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, if 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: ContactNL@Nespresso.com or writing to us at Nespresso Nederland B.V. Stroombaan 14, 1181VX Amstelveen Nederland or call our CRC on 0800 022 23 20.

  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).

  Although we prefer that you contact us first, you always have the right to submit a complaint to the Dutch Data Protection Authority if you suspect that we do not comply with privacy laws.

   

  Data controllers	Responsible for
  Nestlé Nespresso&nbnbsp;SA Chau. de la Guinguette 10, 1800 Vevey, 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 B2B of Nespresso Nederland B.V.

  GENERAL TERMS AND CONDITIONS B2B OF NESPRESSO NEDERLAND B.V. - March 2021

  GENERAL
  
  1.1 Definitions
  
  - Customer: any natural or legal person, exercising a profession or business, who has purchased the Products and services delivered by Nespresso Professional, who rents Products or has Products on loan;
  - Machine: a (coffee) machine from the Nespresso Professional range including any accessories;
  - Nespresso NL or Nespresso Professional: Nespresso Nederland B.V;
  - Nespresso Service Package: this is concluded by the Customer with the purchase/rental/loan of a Machine for the purpose of performing Machine service (including repairs, maintenance and software updates);
  - Product: all products in the Nespresso Professional range, including (but not limited to) coffee machines, coffee capsules and accessories.
  
  1.2 Applicability of these General terms and conditions
  
  1. The present General terms and conditions apply to all offers made by Nespresso Professional to the Customer, to all orders placed by the Customer and to all contracts to be concluded and entered into between Nespresso Professional and the Customer with regard to Products. Any General terms and conditions used by the Customer are hereby expressly excluded.
  
  2. The fact that Nespresso Professional does not rely on one or more clauses of these General terms and conditions shall not mean that it waives the possibility of relying on such clause(s) later. If one of the provisions is invalid for any reason, the remaining provisions of these General terms and conditions shall continue to apply in full.
  
  3. Nespresso Professional reserves the right to amend these general terms and conditions during the term of the agreement to which the terms and conditions apply. The amendment shall take effect automatically without the need for the Customer's consent. The Customer shall be informed of any change as soon as possible.
  
  1.3 Quotes/Orders - Cancellation of the order - Use of the Product
  
  4. All Nespresso Professional quotes are non-binding, unless expressly stated otherwise. If quotes are based on the information provided by the Customer based on a request for a quote, Nespresso Professional may rely on the accuracy of such information.
  
  5. Nespresso Professional has the right to refuse an order from the Customer if the Customer has not paid his invoice or has not paid it by the due date, or if the Customer has applied for a suspension of payments or is declared bankrupt, or otherwise loses the free disposal of his assets.
  
  6. In the event that the Customer cancels an order, he will automatically owe Nespresso Professional a penalty of 30% of the total amount of the order.
  
  7. The Customer undertakes to use the purchased Products with care for the purpose for which the Products are intended and must follow the instructions in the user manual for the product. In the event of incorrect or misuse of the Product, any repair or replacement costs incurred as a result shall be borne entirely by the Customer.
  
  1.4 Transport - Receipt of the Products - Conformity - Force majeure
  
  8. The Products are delivered to the Customer by Nespresso Professional or by a carrier indicated by the Customer. The risk of the Products during transport shall be borne by Nespresso Professional. After delivery of the Product to the Customer, the risk of the Product shall be borne by the Customer. Upon receipt of the Products, the Customer must check the Products for defects and note any defects on the document to be signed upon receipt. Any non-visible defects must be reported by the Customer to Nespresso Professional by registered letter within three days after the defect was discovered or reasonably could have been discovered by the Customer, failing which the Customer's entitlement to repair lapses. Without prejudice to the provisions of clause 1.13 of these General terms and conditions, the Customer's entitlement to repair shall in any case lapse six months after delivery of the Product.
  
  9. If the Customer has reported a defect to Nespresso Professional in time, in accordance with the provisions of Clause 8, Nespresso Professional undertakes to repair the defect or to supply identical compliant Products as soon as possible at its discretion, without the Customer being able to claim any compensation whatsoever. Claims for delivered non-conforming, defective or missing Products shall not exceed the amount of the purchase price of the Products concerned. Nespresso Professional is in no case liable for any reason whatsoever for direct or indirect damage, as a result of which loss consequential on business interruption or other consequential damage of the Customer in connection with the delivered Products or their use, unless and insofar as the Customer demonstrates that the damage was caused by intent or wilful recklessness by subordinates belonging to the board or management of Nespresso Professional or if the Customer demonstrates that Nespresso Professional is liable on the grounds of Section 3, Title 3 Book 6 of the Civil Code.
  
  10. Nespresso Professional shall not be held liable for non-performance, late performance or improper performance of its obligations due to force majeure. Force majeure shall in any case include: strikes, import restrictions, supply difficulties, transport problems, government measures, wars, natural disasters or other circumstances which render compliance temporarily or permanently impossible. In case of force majeure, Nespresso Professional is entitled to suspend its obligations vis-à-vis the Customer without being liable for any compensation. If the period of force majeure lasts or will last longer than one month, both parties are authorised to dissolve the agreement for the part that cannot be performed by means of a written, registered statement without being obliged to pay any compensation.
  
  1.5 Deliveries
  
  11. Regardless of the agreed delivery time, any failure to meet this deadline, for whatever reason, shall not give rise to any liability on the part of Nespresso Professional or result in the cancellation of the order by the Customer. Delivery is made subject to availability of the ordered Product and in the order in which the orders are received. Nespresso Professional is entitled to deliver the Products in parts.
  
  12. Unless otherwise agreed, the delivery costs shall be borne by the Customer.
  
  1.6 Prices - Payment - Retention of title
  
  13. The price of the Products shall be the price applicable on the day of the order for the Product and shall not include VAT. If after the order but before delivery of the Products, the price increases as a result of changes in taxes, excise duties, exchange rates, manufacturer's and/or importer's prices, Nespresso Professional is entitled to pass these changes on in the price. The current prices can be consulted on the website www.nespresso.com/pro. Payment must be made within 30 days of the invoice date to a bank or giro account provided by Nespresso Professional. Objections or complaints against invoices must be submitted in writing and must be received by Nespresso Professional within eight days after the invoice date, failing which objections or complaints in this respect shall no longer be taken into consideration.
  
  14. Nespresso Professional reserves the ownership of all Products delivered and to be delivered to the Customer until full payment of all purchase prices and of claims for attributable failure by the Customer to fulfil his obligations under the agreement(s) with Nespresso Professional have been received. The day of payment is the day on which the amount due is credited to the bank or giro account of Nespresso Professional. If the Customer has not paid the amount due or not paid it on the due date, the Customer shall be in default by operation of law and without notice of default. Without prejudice to Nespresso Professional’s other rights, the amount due shall be increased by 10%, with a minimum of €40 per invoice, and the Customer shall be liable to pay a monthly conventional interest of 1% on the outstanding amount from the due date. If an invoice is not paid or not paid on the due date, all outstanding invoices of the Customer shall become immediately due and payable.
  
  15. Without Nespresso Professional’s written consent, the Customer does not have the right to suspend payment of the invoice in whole or in part, or to invoke set-off. Nespresso Professional has the right, in the event of late payment of an invoice, to refuse any new order from the Customer until all amounts due have been paid in full by the Customer.
  
  1.7 Intellectual Property
  
  16. The Intellectual property rights to the trademarks, trade names, corporate identity, domain names and other distinctive signs or materials belonging to Nespresso NL remain at all times with Nespresso NL (or its affiliated group company). Any use thereof requires Nespresso NL’s prior consent. The Customer is not authorised to make changes in/to advertising on the Coffee machine(s), coffee products or coffee accessories of Nespresso NL. Any advertising or marketing material prepared or used by the Customer that contains logos and/or trademarks of Nespresso NL must be approved in writing by Nespresso NL before use.
  
  1.8 Personal data
  
  17. Nespresso Professional and the Customer may share and use personal data, in particular contact data, as well as normal professional and work data of individuals, mainly their own employees, to execute this agreement or in connection with it. The Parties may, based on their respective legitimate interests, use such personal data for the promotion and improvement of their respective products and services. Within a group of companies in the EU, these personal data may also be shared on the same basis for customer management purposes. Each Party guarantees that it, as well as its processors, sub-processors and employees, will use the personal data lawfully in accordance with applicable data protection laws (e.g. GDPR in the EU) and that between the parties one party is solely responsible for compliance with this obligation.
  The Parties shall ensure that, with respect to personal data shared or received under this Agreement:
  - The persons whose personal data are shared are informed and when they have given their legal consent.
  - Such personal data shall not be used for purposes other than those communicated;
  - They shall respond in a timely manner to requests by individuals concerning their rights and, where appropriate, communicate with the other party;
  - The personal data will be retained only 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. 
  
  18. In accordance with the legislation in force concerning the processing of personal data, the Customer has the right to access and rectify his personal data. The Customer may exercise this right in writing to Nespresso Nederland B.V. Stroombaan 14, 1181 VX Amstelveen. The Nespresso Professional Privacy Policy is available on the website www.nespresso.com/pro.

  
  

  1.9 Applicable law and competent court
  
  19. These General terms and conditions, as well as all quotes, orders and agreements between Nespresso Professional and the Customer, to which these General terms and conditions apply, are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. The court of the district where Nespresso Nederland B.V. has its registered office shall have exclusive jurisdiction over all disputes arising from or related to the agreement concluded between the parties.
  
  1.10 Confidentiality and data protection
  
  20. Both parties to this agreement shall, during or after the term of this agreement, keep all confidential information concerning the other party confidential and not disclose it to any third party, including information on business strategies, services, plans, forecasts, manufacturing and trade secrets and other information of a financial or non-financial nature, whether provided orally, in writing or in any other manner.
  
  21. The Customer expressly agrees to his information/data being stored with Nespresso Professional for the purposes of contract management and the provision and improvement of services under this Agreement. Nespresso Professional Machines also have the ability to register use of and defects to the equipment and transmit the results by telemetry or other methods.
  
  22. Nespresso Professional shall keep confidential any information provided or collected under this Agreement and shall take all reasonable steps to protect such information. All such data may be stored and processed anywhere in the world by Nespresso Professional or its authorised service providers who have made similar commitments with respect to privacy and security.

  2. THE SALE OF CAPSULES AND ACCESSORIES

  1.11 Orders
  
  23. The Customer can place his orders:
  - Via the Internet: www.nespresso.com/pro
  - By phone via 0800 024 80 10 (from Monday to Friday, from 08.00 to 19.00)
  - By letter: Nespresso Nederland B.V., Stroombaan 14 - 1181 VX Amstelveen
  
  24. The minimum quantity per order of coffee is:
  - 200 capsules when packed in boxes
  - 600 capsules when packed in tubes
  
  25. The Products are offered within the limits of the available stock.

  1.12 Delivery (costs and deadlines)
  
  26. Nespresso Professional will do its utmost to deliver capsules and accessories in the Netherlands within 2 working days following receipt of the order.
  
  27. If the Customer requests a different delivery method than the one used by Nespresso Professional, the additional cost of this delivery method shall be charged to the Customer.
  
  28. The costs of delivery are those in force on the day the order is placed. Unless otherwise agreed, the delivery costs shall be borne by the Customer. These costs shall be stated separately on the invoice.

  MACHINE SERVICE
  

  1.13 Manufacturer's warranty, Nespresso Service package and Installation conditions

  Nespresso Professional Machines come with a 1 (one) year warranty from the date of purchase. In case of a malfunction of the Machine, Nespresso Professional shall remedy it within two (2) working days after notification by the Customer. All machine defects shall be repaired free of charge during the warranty period; however, if the machine is damaged due to incorrect or irresponsible use by the customer (including, but not limited to, negligence in descaling), the repair costs shall be borne by the customer.
  
  30. The Customer can conclude a Nespresso Service Package at or after the installation of a Machine. The available Nespresso Services Packages may vary by Machine type and are specified in the Service Package Supplement to the Machine Agreement. The Customer shall pay the service fees monthly or annually in advance and shall receive an automatic invoice. The manufacturer's warranty as stated in article 29 remains unaffected.
  
  31. The Nespresso Service Package is concluded upon purchase for a period of one (1) year and shall be tacitly renewed for one (1) year on each occasion, up to a maximum of five (5) consecutive times, unless one of the parties gives written notice of termination at least thirty (30) days before the end of the initial or renewed period. In case of rental/loan, the Nespresso Service Package is concluded for the term of the Machine Agreement. At the latest thirty (30) days before the end of a contract year, the Customer can, if he wishes, change to a different Nespresso Service Package, both for purchase/rental/loan.
  
  32. After a repair has been carried out, Nespresso Professional grants a three (3) month warranty on the service carried out. In that period Nespresso Professional shall repair machine defects free of charge under the conditions specified in the Service Package Supplement to the Machine Agreement.
  
  33. Nespresso Professional reserves the right to annually review the service rates and the composition of the Service Packages. Nespresso Professional shall inform the Customer accordingly. If the Customer does not wish to accept a change and this change is not due to a mandatory legal provision, the Customer has the right to terminate the Nespresso Service Package in writing within thirty (30) days after the change is announced. During the period that the Nespresso Service Package continues after termination under this provision, the same terms shall continue to apply unchanged.
  
  34. The Customer shall ensure good accessibility of the Nespresso Professional coffee machine and shall give Nespresso Professional the opportunity to carry out the service work or have it carried out. If the Customer fails to do so, the Customer shall pay Nespresso Professional travel costs. A (digital) work order shall be made of all the activities performed by Nespresso Professional for the Customer. After completion of work, the Customer signs for approval. The Customer must also inform Nespresso Professional in a timely manner of any relocation or other changes that are relevant to the execution of the Nespresso Service Package. Relocations should only be carried out by an authorised Nespresso Professional service partner.
  
  35. Articles 29 to 34 apply to all machines. Apart from the aforementioned conditions, the specific Installation conditions specified in an appendix to the Machine agreement apply.

  
  

  Laid down in March 2021
  Nespresso Nederland B.V.
  Stroombaan 14
  1181 VX Amstelveen
  Tel: 0800 024 80 10
  www.nespresso.com/pro
  Kvk Amsterdam: 3313.7832

• Company registration

  Nespresso Nederland B.V 
  Stroombaan 14
  1181 VX Amstelveen
  VAT number: NL001410908B01

• Cookie 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.

  2. 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.	up to 2 years
  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.	up to 2 years
  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.	up to 2 years

  
  
  

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  4. strong>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.

  5. strong>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 06/09/2023.