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.
6.3 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.
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.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and Nespresso agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on Nespresso by mailing it to insert address pursuant to the JAMS instructions. Nespresso will bear the cost of your initial filing fee.
You and Nespresso each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Nespresso each waive any right to a jury trial. You and Nespresso also both agree that you or Nespresso may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Nestlé Nespresso S.A.
© 2003 Nestlé Nespresso S.A. All rights reserved.
Effective: February 19, 2016
Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your personal data and how We will treat it. By using a Nespresso website or app, by calling a Nespresso CRC, by ordering in a Nespresso Boutique or by otherwise giving us your Personal Data, you agree to this notice. If you do not agree to this notice or otherwise 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), (a) you must not use our websites or apps, or become a Nespresso Club Member and (b) We may not be able to provide you with our goods and/or services. This Notice may change from time to time (see Section 10). Your continued interaction with us after We make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates.
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. DATA CONTROLLERS & CONTACT
SCOPE OF THIS NOTICE
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, 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 may combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.
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. Social networks, publicly available information.
2. INFORMATION 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. Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. 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 services (such as Double Click, Google Analytics, Adobe Dynamic Tag Management and/or Omniture). You have the right to object to the use of such technologies, for further details please see Section 3.
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 a social network or by uploading it to one of our Websites or apps, including the use of 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.
Social network information. This refers to any information that you share publicly on a 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 social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a 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 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 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 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 may be recorded, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes) and, in certain cases, to archive proof of consent for direct marketing and profiling. Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call and will have the opportunity to object.
3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONSS
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 may include technical 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 may 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.
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.).
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 oppose the processing of your Personal Data for this purpose.
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.
Social networks: We use your Personal Data when you interact with third party social networking features, such as to serve you with advertisements and engage with you on 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.
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; to ensure that content from our Websites/apps is optimised for you and for your computer or device; and (iv) 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 information and payment information.
Other general purposes (e.g. internal research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal marketing and demographic studies 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 may share your Personal Data with any of our legal successors. We may 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.
5. DISCLOSURE OF YOUR PERSONAL DATA
In addition to the Nespresso/Nestlé entities (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), 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, debt collection, website operation, 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. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).
Credit reporting agencies/debt collectors.
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 laws
7. 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 social networks.
People who can access your Personal Data. Your Personal Data will be processed by our authorised staff, 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 information, 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 may 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 may 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. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.
8. ACCESS TO YOUR PERSONAL DATA
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 may 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 by visiting https://www.nespresso.com/us/en/contact-us or writing to us at Nespresso USA Inc. 24-01 44th Road, 12th Floor Long Island City, NY 11101, 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.
Modification and Deletion of Personal Data. Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data processing; (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 may 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.
Notwithstanding this, you can also exercise your rights by sending Us an e-mail by going to https://www.nespresso.com/us/en/contact-us or writing to us at: Nespresso USA Inc. 24-01 44th Road, 12th Floor Long Island City, NY 11101, 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.
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 can set your browser to refuse all or some browser cookies, or to alert you when cookies 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 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 may 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 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, 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.
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 may be tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You may visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you may opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You may 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.
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 by visiting: https://www.nespresso.com/us/en/service-customer-care or call us at 1-800-562-1465.
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).
Nestlé Nespresso SA (Nestlé Nespresso Ltd)
Avenue de Rhodanie 40, 1007 Lausanne,
Nestlé Treasury International S.A.
Website/app related payment card operations.
Point to note: in certain limited cases, another Nestlé or Nespresso entity might be behind the processing of your payment card details.
If you are making a purchase in boutique or calling our CRC, the following local data controllers will also be involved:
Nespresso USA, Inc.
100 Park Avenue, 7th Floor
New York, NY 10017
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6.1 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding delivery charges.
6.2 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.3 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
10.2 Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
'EasyOrder' allows you to reorder and pay for your Nespresso capsules automatically based on a chosen frequency.
The General Conditions of Sale automatically apply to any order placed through EasyOrder. In the event of a conflict between the General Conditions of Sale and the conditions related to EasyOrder, the conditions related to EasyOrder will prevail.
18.2. “Your order will ship soon” notification
4 days before your recurrent order is shipped by us, you will receive a written notification via email to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurrent order and whether any of your selected products is out of stock.
Payments shall be made by credit card. All recurrent orders will be billed to your credit card on the day of shipment.
In the event that your credit card cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
18.4. Modification and Cancellation
You are entitled to cancel your EasyOrder subscription, cancel one or more standing orders or modify the product(s) basket, the frequency or any customer detail at any time free of charge. In the event that you cancel a specific order or your EasyOrder subscription until a day before your order is being shipped, you are entitled to refuse the delivery of the Product(s) and, in the event that you received the
Product(s) to return the order in accordance with the present General Conditions of Sale.
18.5. Out of stock
If one of the product(s) included in your standing order is out of stock at the moment of the “your order will ship soon” notification, we will notify you via the email. We will still ship your other standing orders on your requested frequency, unless the order is cancelled by you.
You will not be charged for any product(s) which is out of stock.
18.6. Promotions with your EasyOrder account
You will also have the possibility to benefit from ongoing general campaigns and promotions. Your EasyOrder subscription does not automatically take into account other promotional offers announced on or around the time of your standing order processing. To benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your EasyOrder subscription.
NESTLE Nespresso LTD.
These Rules govern your conduct, agreement and the rights of Nestlé Nespresso SA (“Nespresso”) as relates to the Consumer Ratings and Review Service offered by Sprinklr (the "Service"). By submitting any Content to the Service, you agree to the following Rules. As used herein, Content means any text, photo, video, likeness or other material or information you provide to the Service.
If you do not agree to these Rules, please do not use the Service
You agree that:
- You are 18 years of age or older;
- If you have received prior payment or promise of payment in return for your proposed submission; or if you have received an incentive such as free product, discounts, gifts, sweepstakes entries you will disclose it in your submission;
- If you are a Nespresso employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by Nespresso to promote and/or sell Nespresso’s products.
Submission of Content to the Service
You agree that:
- All Content and Information about yourself that you submit is accurate, up to date, reflects your true opinion, and are based upon your actual experience with the product being reviewed
- The Content you submit is original and was created by you;
- Nespresso may use the Content for promotional and other purposes as set forth in these Rules and you will not be entitled to any compensation for such use.
You further agree that you shall not submit any Content:
- That is known by you to be false, inaccurate or misleading;
- That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights;
- That encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation
- That is offensive, obscene, vulgar, or is inappropriate for a public, family friendly, and pet-friendly forum;
- That is, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity;
- That includes any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.
All Content that you submit may be used at Nespresso sole discretion. Nespresso reserves the right, but not the obligation, to:
- Monitor or review the Content you have submitted;
- To condense, remove or refuse to post any Content submitted to the Service that Nespresso deems in its sole discretion to be inappropriate or violate any of these Rules without giving you notice; and
- To suspend or terminate your access to the Services as Nespresso may deem appropriate.
Nespresso does not guarantee that you will have any recourse through Nespresso to edit or delete any Content you have submitted. Ratings and written comments are generally posted in the next days. However, Nespresso has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not Nespresso, are responsible for the Contents of your submission. None of the Content that you submit shall be subject to any obligation of confidence on the part of Nespresso, its agents, subsidiaries, affiliates, or third party service providers and their respective directors, officers and employees
License to Use Content
By uploading or submitting any Content to the Service, you automatically grant Nespresso a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or distribute such Content and/or incorporate such Content into any form, medium or technology whatsoever (including but not limited to Nespresso, websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by Nespresso or its agents in connection with the Service or the promotion or marketing of Nespresso, and its products and services.
You represent and warrant to Nespresso that you own all Content and/or have the unencumbered legal right to grant the above-referenced license to Nespresso, with respect to all Content that you submit. You also represent that such materials do not infringe on any third party copyrights or other third party intellectual property rights.
Release and Indemnification
You agree to release, indemnify and hold Nespresso, its parents, affiliated and subsidiary companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.
Use of Your Email Address
By submitting your email address in connection with your rating and review, you agree that Nespresso, and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
Changes to the Rules
Nespresso reserves the right to modify or terminate the Service and these Rules for any reason, without notice, and without liability to you, or any third party. You are responsible for regularly reviewing these Rules so that you are apprised of any changes.
© 2016 Nestlé
Last Update 2/2016