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
4.2 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.
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.
6.2 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.
9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.
9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarise yourself with any changes, We will post any new Policy on our websites, changing the date in the last paragraph of such Policy.
The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.
1. PLEDGE ON PRIVACY
Nespresso does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with internationally recognized standards of privacy protection.
2. INTENDED USE OF DATA
Nespresso collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to market products and services we believe might be of interest to you, to process your job application, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. Nespresso keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements.
Most of our services do not require any form of registration, thereby allowing you to visit our websites and boutiques without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to chose a user name and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our websites and for us to respond to your queries.
3. NON DISCLOSURE OF INFORMATION
Nespresso shall never sell, rent, share or otherwise distribute or make available your Data to third parties outside of the Nespresso group of companies, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of Nespresso, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, Nespresso shall ensure that such third parties provide the same level of protection as Nespresso, and shall contractually require them to process Data transferred only for the purposes authorised by you and on a confidential and secure basis.
4. RIGHT OF ACCESS
You have the right to access and update your Data or to require their deletion. We endeavour to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact Nespresso at the following addresses please call 24/7 toll free number 0809 001 886.
5. SECURITY / CONFIDENTIALITY
We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of Nespresso and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that Nespresso collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Although we have tried to create secure, reliable and trustworthy websites for our visitors, please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our websites or by e-mail cannot be guaranteed by Nespresso. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.
6. DATA TRANSFER ABROAD
Nespresso is an international group and has databases in different jurisdictions. Nespresso may transfer your Data to one of its databases or to companies within the Nespresso group or to its partners, who have agreed to keep your Data confidential and secure, outside of your country of residence. If the level of privacy protection in a country does not comply with internationally recognized standards, we will ensure that Data transfers to our databases in that country are equally protected and that a transfer of Data to third parties in such countries does not occur. By submitting your Data, you expressly agree to its possible transfer to other companies within the Nespresso group and/or its partners and to this end to its trans-border transmission.
7. CAREER OPPORTUNITIES
If you are interested in applying for either a position published or any future job opportunity within Nespresso, you may provide us with your Curriculum Vitae (“CV”). We will then match your qualifications and experience to the position you applied for, or any other current job opportunity. If your profile corresponds to our requirements, we contact you.
You agree that we may keep your CV in our databases for a reasonable period, after which it will be deleted. By applying, you are consenting to have your CV and Data used to process your job application, to have such CV and Data communicated to other companies within the Nespresso group and to our partners, who have agreed to keep such CV and Data confidential and secure, and to this end being transmitted across national borders. Nespresso undertakes to use your CV and Data only in relation to your career opportunities.
8. ANONYMOUS DATA / “COOKIE” TECHNOLOGY
Most of the information we collect from our websites is anonymous information. When you visit our websites, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by Nespresso to help improve the content of our websites, to customise our websites for our visitors and to learn more about them and how they use our websites. In doing so, Nespresso may use tracking technology (cookies) to gather anonymous information, such as browser type, operating systems and the date and time of access. “Cookies” by themselves cannot be used to discover the identity of the user. A “cookie” is a small piece of information which is sent to your browser and stored on your computer hard drive.
Nespresso does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications. On the contrary, where we believe that one of our products is of importance to you, we inform you by e-mail whilst giving you the choice of opting out of such service.
10. DATA AND CHILDREN
To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. Nespresso will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian).
Our websites are general audience sites that are not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.
11. LINKS TO OTHER WEBSITES
As a service to our visitors, our websites may provide hyperlinks to other websites that are not operated or controlled by Nespresso. Therefore, Nespresso can not be responsible or liable for the content of such websites or the privacy practises of such other parties. Please note that these privacy practises may differ from our Policy. We encourage you to review and understand their privacy practises before providing them with personal information.
12. CONTACT NESPRESSO
Should you have any queries or complaints about our compliance with this Policy, or if you wish to make any recommendations or comments to improve the quality of our Policy, please contact Nespresso at the following addresses: click here. We can assure you that we do our best efforts to constantly improve the protection and security of the Data you provide to us.
Nestlé Nespresso S.A.
1. Shopping Agreement
1.1 Nespresso® is a brand operated by Nestle Taiwan Ltd. Nespresso Branch. On this website, any reference to the “Company” or “us” means Nestle Taiwan Ltd. Nespresso Branch. The Company’s registered address is 8F, No. 399, Ruiguang Road, Neihu District, Taipei City, Taiwan. Our tax ID no. is 53547704. Company’s consumer service hotline 0809-001-886 (toll free within the city).
1.2 In ordering any product from this website, you will be deemed to have read, understood and agreed to comply with these terms and conditions. These terms and conditions are applicable to all products sold on the website of www.nespresso.com. Please read them carefully. We suggest that you print these terms and conditions for future reference. If you refuse to accept these terms and conditions, we regret that we will not be able to provide online selling services (hereinafter the “Services”) to you and we suggest that you purchase products from physical vendors that cooperate with the Company.
1.3 In ordering any product from this website, you will be deemed to have warranted and declared that you have the capacity to enter into a binding agreement and that you are at least 20 years old. If you are a minor under 20 years old, your parent (or guardian) should read, understand and agree to all these terms and conditions and agree to your ordering of products from this website before you can be registered as a member, use or continue to use the Services. If you use or continue to use this website to order products of the Company, your parent (guardian) will be deemed to have read, understood and agreed to accept all these terms and conditions.
1.4 When you issue a purchase order with your account, you are deemed to have agreed to the specifications and conditions indicated on such purchase order and the purchase order will become effective following the Company’s acceptance. The Company will confirm its acceptance of the purchase order by email and confirm that the contractual relationship between the parties have become effective. The Company will not be able to accept any large-volume purchase by traders or consumer groups. We apologize for the inconvenience.
1.5 Before the Company receives full payment from you, the ownership of the products remains with the Company. Please see complete product information on product description page and FAQ page of our website. Our products are covered by product liability insurance.
2. Member’s Registration Obligation
2.1 In order to be able to use the Services, you must be registered as a “Nespresso® Member” and agree to the following: In registering member information, instructions on the registration form should be followed to provide correct and up-to-date personal information of the member. No one should make a member registration in the name of another person. Each member is allowed no more than one account. No duplicate registration is allowed. Members should keep their personal information up to date and ensure its correctness in order to receive the best services.
2.2 If any member provides wrong or false information, or fails to provide information as instructed, or has any required information missing, or has duplicate registrations, the Company has the right to suspend or terminate the member account forthwith without prior notice and refuse all or part of the member’s use of the Services.
3. Account Security Protection
3.1 After the Nespresso® member registration procedure is completed, the member will receive a unique password and member account name. It is the member’s responsibility to maintain the confidentiality and security of the password and account name. If the member account name and passpord that are consistent with the log-in information are keyed in in any manner, regardless of whether such key-in is done by the member personally, it will be deemed as a personal act by the member. The member should bear full personal liability for all acts undertaken through the use of such password and account name.
3.2 The member agrees to the following:
• If the member’s password or account name is used by theft or in case of the occurrence of any other security issue, the member will immediately notify the Company’s consumer service hotline 0809-001-886 (toll free within the city).
• After the end of each connection, the use of the member account should be ended immediately.
• The member’s account name, password and member’s rights are exclusively for the member’s personal use and entitlement and shall not be assigned, transferred to or shared with any other person.
• If the member account and password are used by theft, used improperly or upon occurrence of any situation where the Company cannot verify whether the use is the member’s personal use, the Company shall not be liable for any damage caused.
• If the Company knows that the member’s account and password are indeed used by another person, it shall immediately suspend the use of such account (including processing any transaction from such account).
3.3 Any personal information and other information transmitted to this website shall be subject to the application of the Privacy Terms and Conditions published on this website.
4.1 The products sold on this website and shipping are priced in New Taiwan Dollars. The prices are inclusive of business tax.
4.2. You will get free delivery service if you meet any of below condition: (1) purchase more than 150 capsules per order (not accumulated quantity); (2) purchase machines; (3) total purchase amount reaches NTD 4,000. Other than above conditions, you have to pay NTD 90 delivery fee.
PLEASE NOTE: only orders made before 3 p.m. can be processed on the next day. Nespresso® reserves the right to change the product price and shipping fee at any time.
5.1 Any transaction by any member through the Services shall be performed based on the confirmed product quantity and price mechanism provided by the Company. The member agrees that, when the member uses the Services to order products, before the Company sends a notice confirming that the transaction has become effective, the Company reserves the right not to accept the order or cancel the shipping.
5.2 After the member issues an order notice to the Company, the system will automatically send an email to confirm receipt of the notice. If the Company’s system or the delivery logistics company engaged by the Company has any justification, such as a technical issue, that makes normal shipping impossible, the Company will cancel the order or delay the shipping based on the situation. An email will be sent to notify about the change to the transaction.
5.3 If the member returns, changes the product, or cancels the purchase order after ordering products through the Services, or in case of any act that the Company deems inappropriate which causes inconvenience or damage to the company’s procedure, the Company may refuse the transaction or permanently cancel the membership based on the situation. In using the Services to perform transactions, the member may exercise its right in accordance with the provisions of the Consumer Protection Act.
6. Payment Method
6.1 Members can make payment by Visa, MasterCard or JCB credit card. The Company will only send the product ordered by the member after the member makes full payment. If the amount cannot be debited from the credit card designed by the member, or if there is reasonable ground showing that such situation has taken place, the Company has the right to terminate the contractual relationship of the order. The purchase order will not become effective and the Company will send an email to notify the member.
6.2 The member may also choose to pay upon delivery. When the product is delivered, the delivery staff cooperating with the Company will immediately receive cash payment from the member.
7.1 During registration for “Nespresso® Member”, the Company will ask the member to provide a contact and contact telephone number. When a member orders products from this website, the product delivery address will, by default, be the address in Taiwan that is provided by the member during registration. However, the member may also edit the information on the payment selection page and change the delivery address. The member has the responsibility to ensure that the address provided is one to which the product may be sent and received.
7.2 Delivery or return of products can only be done by the delivery and logistics company engaged by the Company. Thus the member agrees and authorizes the Company to provide the personal information provided by the member and required for delivery (such as recipient’s name, delivery address and contact telephone) to the delivery and logistics companies as required and for the purpose of the corresponding transaction in order to complete the delivery or return of the corresponding product (or gifts, etc.)
7.3 If the member is not in the designated address when the product is delivered, the delivery staff under cooperation with the Company will contact the member by telephone to confirm the address at which the member may receive the product and arrange a time of delivery based on the distance of the updated address. If additional delivery fee is incurred, the member must bear such additional delivery fee. If the delivery of any product fails after three attempts, the product will be returned. If the member still wishes to purchase the product, please issue another order on the website.
7.4 Whether the Company accepts a member’s order is dependent on the inventory at the time and the market liquidity. If any product is not available, the Company will announce on the website or send an email for notification.
7.5 You will get free delivery service if you meet any of below condition: (1) purchase more than 150 capsules per order (not accumulated quantity); (2) purchase machines; (3) total purchase amount reaches NTD 4,000. Other than above conditions, you have to pay NTD 90 delivery fee.
7.6 After the purchase order is confirmed and agreed, the Company will arrange shipping for the member immediately, depending on the inventory status and credit card payment status. We offer 2 delivery ways as below:
7.7. Delivery to the Outlying Islands of Taiwan: Regions: Taitung County, Ludao Township and Lanyu Township, Penghu County, Kinmen County, Lienchiang County, Pingtung County, Liuqiu Township. For delivery addresses in the outlying islands, delivery time will be 3-7 days. The actual arrival time and delivery-related services depend on delivery location and weather conditions. Speedy delivery shall not apply for these areas, and cash-on-delivery service will be limited depending on delivery area. For details, please contact 24/7 Nespresso Customer Relationship Center 0809 001 886. Delivery to consignees will not be possible if consignee information is incomplete. In case of earthquake and other natural disaster, public works, or system equipment maintenance and so on, shipping time will be postponed depending on the actual situation.
7.8 In principle, products will be delivered in 2 working days within Taiwan Island. Outside Taiwan Island and in remote areas, the delivery day will depend on the transportation flights, weather conditions, and road conditions. In case of force majeure, the delivery date will be delayed.
8. Incomplete Products/Error
8.1 After receiving the product, please immediately check carefully whether the products are complete. If it is discovered that any product ordered by the member is not delivered in full or if the wrong product is delivered, please notify the Company through the consumer service hotline 0809-001-886 (toll free within the city) within 24 hours. The Company will exchange, send the product or process product return for the member.
9. Nespresso® capsules can only be applied to Nespresso® coffee machines
9.1 Nespresso® capsules can only be applied to Nespresso® coffee machines. It can’t be used to other capsule coffee machine. Although Nespresso® and NESCAFÉ® Dolce Gusto® are produced by Nestle. While these two brands use different capsule systems. Nespresso® specializes in all kinds of expresso coffee. NESCAFÉ® Dolce Gusto® offers a variety of flavored drinks.
10. Effective Date
10.1 The effective date of Nespresso® capsule will be 1 year after manufacturing. As a result of foreign imported products, the processing and shipping of goods may take some time. The effective date of capsules provided on official website will be at least 90 days. Nestle is dedicated to offering high quality of foods. The effective date is the best tasting period, so members need not to worry about flavor or quality problems.
11. Manufacturer and Country of Origin
11.1 Country of origin is Swiss. Our manufacturer is Nestle Nespresso SA. Address: CH-1007, Lausanne, Switzerland, Tel: +41 217969696. Importers is Nestle Taiwan Co., Ltd. Address: Nestle Taiwan Ltd. Nespresso Branch.8F., No.399, Ruiguang Rd., Neihu Dist., Taipei City 114, Taiwan (R.O.C.)
12. Principles for Product Return
12.1 After the product is received, we suggest that the member carefully review the product immediately. If the member is not satisfied with the product for any reason, the product may be returned. The Company provides a 7-day consideration period, starting from the delivery of the product. The product should be in intact original status when returned. Please note that the consideration period is not a trial period. If the product returned is not brand new, such as any coffee machine or milk foaming machine that has been used or coffee capsule that has been opened and used, the Company will not be able to provide product return services. Thus members are asked to please carefully understand the contents and ways of using the products before ordering and after receiving the products. If you have any question about the product, please call the consumer service hotline 0809-001-886.
12.2 The relevant voucher that should be attached for product return will be provided to you after you contact the consumer service hotline 0809-001-886 about the product return.
12.3 In returning the product, please place the product in the original shipping carton together with the accessories, gifts, inner and outer packages, documents and required relevant vouchers, keep the product’s full packaging (return the product to is original status at delivery) and hand it to the deliver person engaged by the Company for product return. Please ask the delivery person for the product voucher and keep it properly. If the product voucher is lost, and if the delivery person does not return the product to the Company, it shall be deemed that the product has not been returned and the Company will not be able to reimburse the price.
12.4 If anymember engages in a malicious act of duplicating a large volume of orders, followed by a large volume of returns and exchanges, the Company is entitled to reject product return and may cancel the membership.
13. Product Return Procedure
13.1 When the principles of product return are satisfied, products may be returned. To return a product, you should call the consumer service hotline 0809-001-886 to notify and discuss about the product return within the 7-day consideration period after receipt of the product (starting from delivery of the product). After the Company’s consumer service staff confirms the product return, delivery staff engaged by the Company will take back the returned product within 3 working days. After the Company confirms that the returned product is consistent with the principles for product return and that the quantity of the returned product and the required documents are complete and correct, the product return procedure will be completed within 10 working days.
13.2 If the member completes the product return procedure before the product is delivered, the member should please ask the delivery person to return the product directly when it is delivered. Under normal circumstance, the shipping fee for product return or exchange will be borne by the Company.
13.3 Please note that the product return service under the same purchase order should be completed in one time in principle. Before handing the product to the deliver staff, please verify carefully whether all products to be returned are included (for detailed items required, please see Principles for Product Return). If the product or any ancillary documents is not complete, the Company will not be able to provide you with complete product return rights.
14. Shopping Fund Security
14.1 Please note that the Company will not telephone you to change the payment method or request re-payment. In case of such telephone call, please call and notify immediately the consumer service hotline 0809-001-886 (toll free within the city).
15. General Terms and Conditions
15.1 When some communication ways are subject to law that we need to notice in writing, members agree to and accept the Company (without prejudicing to the legal rights of members) to send e-mail, messages, or mail to the address and other ways to contact members to enable communication between the two sides of the compliance with the law.
Nestle Taiwan Ltd. Nespresso Branch.
8F., No.399, Ruiguang Rd., Neihu Dist., Taipei City 114, Taiwan (R.O.C.)
tax ID no. 53547704