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Legal information
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Term of use
1. Acceptance and Modification of the Terms of Use
1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso”), which includes Nespresso's affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.
2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.
3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.
4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Nespresso invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.
4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.
4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso's use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.
5. Disclaimer of Warranties
5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES 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 MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.
5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, 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 access, use, browse and navigate on our Websites at your own risk and peril.
6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.
6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.
6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.
7. Change of Information
The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Availability of Products / Services
Our Websites may contain information on Nespresso's worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location. -
Privacy Policy
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 is collected, used, and disclosed by Nespresso entities (“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. ACCESS TO YOUR PERSONAL DATA
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
10. CHANGES TO OUR NOTICE
11. HOW TO MAKE A COMPLAINT AND HOW COMPLAINTS WILL BE HANDLED.1. SOURCES OF PERSONAL DATA
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps. E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”). Nespresso Boutiques. Stores managed by Nespresso.
Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
Data from other sources. Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis) or third party data aggregators engaged to provide us with additional information about our existing consumers.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. Nespresso only collects information that is necessary for one or more of its business functions.
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 behavioural 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.
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.
Children Under 18 – Nespresso does not knowingly collect personal information from children below the age of 18. If we discover that we’ve accidentally collected information from a child we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 18 from a parent or custodian directly.3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies. Please see our Cookie Notice 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 may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can opt out of marketing communications. 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 that we may conduct from time to time, 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)
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 may 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 obligations
With your consent (where required)
Legal obligations
Our legitimate interests
Improving and developing new products and services
Being more efficient
Protect our assets and staff
Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile 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
We share your 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 may 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.
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
In accordance with applicable laws, We will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.
Personal data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws7. 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 to us.
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.8. ACCESS TO YOUR PERSONAL DATA
Access to Personal Data. You can request access to the personal information Nestlé holds about you by contacting the Nestlé Privacy Officer in writing by sending an email at Privacy.Officer@au.nestle.com or by sending a letter to The Privacy Officer, Nestlé New Zealand Limited, 12-16 Nicholls Lane, Parnell, Auckland, New Zealand . If the personal information held about you is inaccurate, incomplete or not up to date you may request that Nestlé correct the information.
Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, correction or revision of your Personal Data; (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.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 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.
Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You can visit www.youronlinechoices.co.nz for more information. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.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. HOW TO MAKE A COMPLAINT AND HOW COMPLAINTS WILL BE HANDLED.
If you are concerned about a possible interference with your privacy or misuse of your personal information by Nestlé, please contact the Nestlé Privacy Officer in writing by sending an email to Privacy.Officer@au.nestle.com or by post to Nestlé New Zealand Limited, 12-16 Nicholls Lane, Parnell, Auckland, New Zealand or by contacting The Nespresso Club on 0800 234 579 to obtain a Privacy Complaint form. It is Nestlé’s policy to handle complaints in a timely, effective, fair and consistent manner.Updated: September 2019
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Conditions of Sale
1. DEFINITIONS
In these Terms:
“Goods” means any goods provided by Nespresso to you.
“Nespresso” means Nestlé New Zealand Limited trading as Nespresso New Zealand and its officers, employees and agents.
“Services” means any services provided by Nespresso to you.
"Terms" means these terms and conditions of sale.
“you” means the person(s) purchasing Goods and Services from Nespresso which these Terms accompany.
2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nespresso by means of the internet shall be governed by these Terms. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Terms.
2.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
2.3 Nespresso reserves the right, at any time, to modify these Terms by giving notice to you or by posting a new dated version on this website. By placing an order after such notice has been given or after Nespresso has posted a new version of these Terms, you agree to be bound by that updated version.
3. REGISTRATION
3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
4. PASSWORD
4.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
5. Nespresso CLUB MEMBERSHIP
5.1 When Nespresso accepts your first order for Goods, you automatically become a member of Nespresso Club. Membership is non-transferable. Your membership number will appear on your first invoice. Your membership entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club are correct, complete and remain up to date.
6. ORDERS
6.1 You may place orders for Goods and Services (a) by completing a purchase order form and sending or faxing it to Nespresso; (b) by telephone; (c) online on the New Zealand pages of the website www.nespresso.com; or (d) in person at a Nespresso store.
6.2 When ordering Nespresso capsules, each order must be in multiples of 5 sleeves (10 capsules in each sleeve) and may be in any combination of sleeves or blends.
6.3 All orders are subject to availability of stock and minimum or maximum quantities as Nespresso decides from time to time. Nespresso reserves the right to allocate any available stock of Goods among customers in a fair and reasonable manner.
6.4 Nespresso offers its products on this website within the limits of its available stock.
6.5 Nespresso reserves the right to refuse orders whether in whole or in part in its absolute discretion.
6.6 Your order will not constitute a binding contract unless and until confirmed by Nespresso.
6.7 Nespresso reserves the right to cancel a contract in case of writing, printing or calculation errors.
7. RETURNS
7.1 You must verify your order for Goods upon delivery and you must notify Nespresso within seven days of receipt of any incorrect order.
7.2 If required by Nespresso, such Goods forming part of the incorrect order must be promptly returned by you to Nespresso.
7.3 Nespresso will only accept returns of unused Goods in their original condition and packaging, accompanied by the invoice.
7.4 When returns are properly completed, Nespresso will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
7.5 You cannot refuse to accept Goods merely on the basis of late delivery unless the Goods are not delivered by any expressly agreed date or dates, or if no date or dates were agreed, within a reasonable time.
7.6 Except as required by law, Nespresso has no obligation to accept Goods returned for any reason.
8. DELIVERY AND RECEIPT
8.1 Nespresso will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nespresso will not, to the maximum extent permitted by law and subject to clause 12.2, be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
8.2 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 5kg and, for packages over 5kg, an additional freight and delivery charge as specified by Nespresso.
8.3 If you wish to have Goods or Services provided by means other than Nespresso's usual means, you will need to make all necessary arrangements and pay all costs involved.
9. PAYMENT AND INTEREST
9.1 Nespresso may change the price of Goods and Services from time to time without notice to you.
9.2 You must pay the price of Goods and Services current at the time your order is placed.
9.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
9.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
9.5 Nespresso reserves the right to charge interest on overdue payments at 2% above the Reserve Bank of New Zealand base rate, compounded daily from the due date to the date of payment.
9.6 Nespresso reserves the right to refuse any new order until any overdue balance has been paid in full.
9.7 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
10. TITLE AND RISK
10.1 Title in Goods passes to you on payment in full for them.
10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nespresso's premises.
11. MACHINE WARRANTY
11.1 Each Nespresso machine has a manufacturer’s warranty of at least 1 year from its date of purchase. Nespresso is not the manufacturer of Nespresso machines for the purposes of this warranty. Please consult your product documentation for detailed information on the manufacturer’s warranty.
11.2 The manufacturer’s warranty is additional to the guarantees and rights of redress under the Consumer Guarantees Act 1993 (the "CGA").
12. EXCLUSIONS AND LIMITATIONS
12.1 To the maximum extent permitted by law, and subject always to clause 12.2:
(a) Nespresso excludes all implied or statutory representations, warranties or conditions in respect of the Goods or Services;
(b) Nespresso's only liability in respect of Goods and Services is as expressly stated in these Terms and all other liability is excluded;
(c) without limiting 12.1(b), Nespresso has no liability for loss or damage which arises directly or indirectly as a result of this agreement or of any Goods or Services provided under it whether in statute, contract, tort, for negligence or otherwise and whether that damage is direct, indirect, consequential or otherwise including loss of income, profit, business, goodwill or opportunity; and
(d) Without limiting the scope of these Terms, no claim of any kind shall be greater in amount than the purchase price of the Goods or Services in respect of which the claim is made.
12.2 You acknowledge and agree that if you are acquiring the Goods or Services in trade or for the purposes of a business, the provisions of the CGA will not apply to such supply, but nothing in these Terms will affect any rights that a person who is a 'consumer' for the purposes of the CGA may have under the CGA.
13. INDEMNITY
You indemnify and must keep Nespresso indemnified against all damages, losses, costs and expenses suffered by Nespresso arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission.
14. GENERAL
14.1 These Terms and any invoice referencing these Terms govern your membership of Nespresso Club and the provision of Goods and Services and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
14.2 Clerical errors are subject to correction without notice.
14.3 Nespresso may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nespresso’s obligations under this agreement.
14.4 Nespresso waives a right under these Terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
14.5 Without limiting clause 13, you must pay Nespresso all costs and expenses incurred by Nespresso in connection with these Terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Nespresso or in otherwise enforcing Nespresso's rights against you under this agreement.
14.6 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. In the event of delay, the affected party must perform its obligations as soon as reasonably possible. If delay or failure to perform pursuant to this clause continues for 30 days or more, either party may immediately terminate this agreement by notice in writing to the other party. -
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