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TERMS OF USE | PRIVACY POLICY | NESPRESSO USA
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LEGAL NOTICES
* Accordion item 1 of 8 Terms of Use
PLEASE NOTE THAT SECTION 10.5 OF THESE TERMS OF USE CONTAINS AN ARBITRATION
CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN
YOU AND Nespresso MAY BE RESOLVED.
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.
9. Links
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.
10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between
Nespresso and yourself concerning the access and the use of the Websites and
their content. Any other terms or conditions issued by Nespresso and
governing its relations with you, in particular relating to any service or
purchase of product, shall supplement the Terms of Use; in the event of any
inconsistency between them, the other terms or conditions shall prevail over
these Terms of Use.
10.2 The fact that Nespresso tolerates a violation by yourself of one of the
obligations set out in the Terms of Use, or does not enforce a right
attributed to it thereunder or under the law shall not be construed as a
waiver by it to invoke and enforce its rights.
10.3 In the event that any provision of the Terms of Use is considered to be
illegal by law or regulation, existing or future, or by a court ruling, then
such provision shall be considered as stricken, all other provisions of the
Terms of Use maintaining full force and effect between yourself and
Nespresso.
10.4 The headings of the provisions of the Terms of Use are for convenience
alone and shall not alter or modify the terms and conditions in any manner.
10.5 *You agree that any dispute or claim arising out of your use of our
Websites or any products sold on our Website, including any dispute or claim
as to the application, enforceability, scope, or interpretation of this
agreement to arbitrate, shall be resolved by binding arbitration, rather than
in court, *except that you may assert claims in small claims court if your
claims qualify. The Federal Arbitration Act and federal arbitration law apply
to these Terms of Use.
*There is no judge or jury in arbitration, and court review of an arbitration
award is limited. However, an arbitrator can award on an individual basis the
same damages and relief as a court (including injunctive and declaratory
relief, or statutory damages), and must follow these Terms of Use. *
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.
8/2014
© 2003 Nestlé Nespresso S.A. All rights reserved.
* Accordion item 2 of 8 Nespresso USA Privacy Notice
Effective: January 21, 2020
Please read this privacy notice (“Notice”) carefully to understand our
policies and practices regarding your personal data (which some jurisdictions
may refer to as “personal information”) 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, (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 (We will indicate to you when this
is the case, for example, by stating so on our registration forms). 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 FOR 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. YOUR CALIFORNIA PRIVACY RIGHTS AND DO NOT TRACK
12. CONTACT
SCOPE OF THIS NOTICE
This Notice explains how your personal data are collected, used, and
disclosed by Nespresso (“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. an offline event), including by combining
personal data that were originally collected by different Nespresso entities.
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.
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.
Identifiers, including certain data defined as “personal information” in the
California Customer Records law or as a protected classification under
California or federal law. This data includes:
* 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.
* Certain data from your computer/mobile device. 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 and other online
identifiers. 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, and other
similar mobile device data.
* Demographic information and interests. Any information that describes your
demographic or behavioral characteristics. Examples include your date of
birth, age or age range, gender, geographic location (e.g. ZIP code),
favorite products, hobbies and interests, and household or lifestyle
information.
* 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.
* Social network information. 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.
We use this data for a number of purposes, such as (1) customer service,
including responding to your enquiries; (2) to provide you with information
about goods or services; (3) to engage with you on social networks; (4)
personalization, such as to analyze your preferences and habits, anticipate
your needs, improve and personalize your experience on our websites and apps,
provide you with targeted advertising and content, and allow you to
participate in interactive features; (5) order fulfilment; and (6) other
general business purposes, such as internal or market research, analytics,
and security. To learn more about these uses, visit Section 4 below.
We disclose this data to our service providers and as described further in
Section 5 below.
Internet or other similar network activity. This data includes websites and
communication usage information As you navigate through and interact with our
websites or newsletters and other emails, We use automatic data collection
technologies to collect certain information about your device(s) and 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, as well as operating system
type and web browser type and version. 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 tracking services (such
as Google Analytics). You have the right to opt out of the use of such
technologies; for further details please see Section 3. We may also visually
record your interactions with our website, including your mouse clicks,
movement, scrolling, and navigation through our website.
We use this data for a number of purposes, such as personalization based on
your interests and preferences and other general business purposes, such as
internal or market research, analytics, and security. To learn more about
these uses, visit Section 4 below. We disclose this data to our service
providers and as described further in Section 5, below.
Commercial information. This information includes information described in
the “Demographic information and interests” section above, data relating to
your purchasing or consumer histories or tendencies, and the following:
* Consumer feedback. This includes information that you voluntarily share
with Us about your experience of using our products and services.
* Consumer-generated content. 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. Examples include photos, videos, personal stories, or other similar
media or content and posts or private messages you can leave on Nespresso
social media pages. 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.
We use this data for a number of purposes, such as (1) customer service,
including responding to your inquiries; (2) personalization, such as to
analyze your preferences and habits, anticipate your needs, improve and
personalize your experience on our websites and apps, provide you with
targeted advertising and content, and allow you to participate in interactive
features; (3) other general business purposes, such as internal or market
research, analytics, and security. To learn more about these uses, visit
Section 4 below.
We disclose this data to our service providers and as described further in
Section 5 below.
Biometric Information. This data may include photos and videos that you share
with us as consumer-generated content, as described above. This data is used
and shared in the same way as the “Identifiers” and “Commercial information”
described above.
Geolocation Data. This data is used and shared in the same way as the
“Identifiers” and “Commercial information” described above.
Audio, electronic, or similar information. This data includes calls to CRC.
Communications with 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. This data may also include photos and videos
that you share with us as consumer-generated content or via third-party
social networks, as described above. This data is used and shared in the same
way as the “Commercial Information” described above.
Inferences. We may draw inferences from the data We collect from and about
you to create a profile reflecting your preferences, characteristics, and
behaviour. We use this data for personalization and other general business
purposes, such as internal or market research, analytics, and security. To
learn more about these uses, visit Section 4 below. We disclose this data to
our service providers and as described further in Section 5 below.
3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies. Please see our Cookie Notice to learn how you
can manage your cookie settings and for more 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 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.
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
(relayed via our communication channels or social media for instance),
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 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 more 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; (iv) to ensure that
content from our websites/apps is optimised for you and for your computer or
device; and (v) to allow you to participate in interactive features, when you
choose to do so. For example, We remember your login ID/email address or
screen name so that you can quickly login the next time you visit our site or
so that you can easily retrieve the items you previously placed in your
shopping cart. Based on this type of information, and with your consent
(where required), We also show you specific Nespresso content or promotions
that are tailored to your interests. The use of your personal data is
voluntary, which means that you can oppose the processing of your personal
data for this purpose. For detailed information on how to opt-out please
refer to Section 8 below.
Order fulfillment. We use your personal data to process and ship your orders,
inform you about the status of your orders, correct addresses, and conduct
identity verification and other fraud detection activities. This involves the
use of certain personal data and payment information.
Other general purposes (e.g. internal research, analytics, 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
We do not license or sell your personal data to third party companies for
their own marketing purposes. In addition to with other Nespresso/Nestlé
entities, We may share your personal data with the following types of
entities:
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. You may have the right to obtain
a list of the service providers processing your personal data (see Section 12
to contact Us).
Credit reporting agencies/debt collectors. These entities are external
companies that We use to help Us to verify your creditworthiness or to
collect outstanding invoices.
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 and service providers, 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 websites/apps.
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 contacting us as provided in Section 12
below. For verification purposes, we will ask that you confirm some of the
personal data we have on file, such as your address, email address, phone
number, and order history. 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.
You can also exercise your rights by contacting us as provided in Section 12
below. For verification purposes, we will ask that you confirm some of the
personal data we have on file, such as your address, email address, phone
number, and order history. 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 send you marketing communications that 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 adjusting your user preferences in
your account profile for the relevant websites/apps 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 on the Internet. Some of those advertisements may be tailored to your
interests based on information collected online 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.
11. YOUR CALIFORNIA PRIVACY RIGHTS AND DO NOT TRACK
California Privacy. California residents have the access and deletion rights
described in Section 8 above. Additionally:
* Access Request. California residents may make this request up to two times
each year, and in response, We will provide (1) the categories and
specific pieces of personal data that we have collected, (2) the
categories of sources from which that data is collected, (3) the business
or commercial purpose for collecting it, (4) the categories of third
parties with whom We shared that data, and (5) the business or commercial
purpose for sharing that data.
* Deletion Request. Note that there are some reasons we will not be able to
fully address your request, such as if We need to complete a transaction
for you, to detect and protect against fraudulent and illegal activity, to
exercise our rights, to use the data for solely internal purposes, or to
comply with a legal obligation.
We value your privacy and will not discriminate in response to your exercise
of your privacy rights. Please contact us at USDataProtection@Nespresso.com
or 1-800-562-1465 to make an access or deletion request. We will respond to
your access or deletion request within 45 days of receipt of your request,
after proper verification (as described above in Section 8), unless we need
additional time, in which case we will let you know.
Do Not Track. Some browsers have “do not track” features that allow you to
tell a website not to track you. These features are not all uniform. We do
not currently respond to those signals. If you block cookies, certain
features on our sites may not work. If you block or reject cookies, not all
of the tracking described in this Notice will stop.
12. CONTACT
To ask questions or make comments on this Notice and our privacy practices or
to make a complaint about our compliance with applicable privacy laws, please
contact Us at https://www.Nespresso.com/us/en/service-customer-care,
1-800-562-1465, USDataProtection@Nespresso.com, or:
Nespresso USA, Inc.
Attention: Data Privacy Champion
111 W 33rd St, 5th Floor
New York, NY 10120
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).
* Accordion item 3 of 8 Nespresso USA Cookie Policy
Effective: January 21, 2020
1. WE USE COMMON TRACKING TECHNOLOGIES.
2. WE USE TRACKING TECHNOLOGIES FOR A VARIETY OF REASONS.
3. WE ENGAGE IN INTEREST-BASED ADVERTISING.
4. HOW DO WE GATHER RELEVANT INFORMATION ABOUT YOU FOR INTEREST-BASED
ADVERTISING?
5. YOU CAN CONTROL CERTAIN TRACKING TOOLS.
6. YOU CAN OPT OUT OF BEHAVIORAL ADVERTISING BY PARTICIPATING COMPANIES.
7. OUR PRIVACY NOTICE.
1. WE USE COMMON TRACKING TECHNOLOGIES.
We and our service providers collect personal data about users over time and
across different websites and apps.
2. WE USE TRACKING TECHNOLOGIES FOR A VARIETY OF REASONS.
We and our service providers use several common tracking tools. These may
include browser cookies. We may also use web beacons, flash cookies, and
similar technologies. Cookies are small files that download when you access
certain websites. You can learn more by visiting the Federal Trade
Commission’s webpage, Online Tracking. These pages also explain how you can
manage and delete cookies.
We use tracking tools:
* To recognize new or past customers.
* To store your password if you are registered on our websites.
* To improve our websites and apps.
* To serve you with advertising content in which We think you will be
interested. To do so, We may observe your behaviors on our websites and
other websites. We may also collect information about your browsing
history.
* To personalize your experience.
* To better understand the interests of our customers and our website
visitors.
3. WE ENGAGE IN INTEREST-BASED ADVERTISING.
We and our service providers display interest-based advertising using
information gathered about you over time across multiple websites or other
platforms. This might include apps.
Interest-based advertising or “online behavioral advertising” includes ads
served to you after you leave our website or apps, encouraging you to return.
They also include ads We think are relevant based on your browsing habits or
online activities. These ads are about our products and might be served on
websites or on apps. They might also be served in emails.
4. HOW DO WE GATHER RELEVANT INFORMATION ABOUT YOU FOR INTEREST-BASED
ADVERTISING?
To decide what is relevant to you, We use information you make available to
Us when you interact with us and our affiliates. We gather this information
using the tracking tools described above. For example, We or our service
providers might look at your purchases or browsing behaviors, or your
location.
5. YOU CAN CONTROL CERTAIN TRACKING TOOLS.
Your browser may give you the ability to control cookies. How you do so
depends on the type of cookie. Certain browsers can be set to reject browser
cookies.
Certain options you select are browser and device specific.
6. YOU CAN OPT OUT OF BEHAVIORAL ADVERTISING BY PARTICIPATING COMPANIES.
The Self-Regulatory Program for Online Behavioral Advertising program
provides consumers with the ability to opt-out of having their online
behavior recorded and used for advertising purposes. To opt out of having
your online behavior collected for advertising purposes by participating
companies, please visit the Digital Advertising Alliance’s Consumer Choice
Tool for Web.
The Digital Advertising Alliance also offers a tool for opting out of the
collection of cross-app data on a mobile device for interest-based
advertising. To exercise choice for companies participating in this tool,
download the AppChoices app by visiting the Digital Advertising Alliance’s
webpage, AppChoices.
Certain choices you make are both browser and device-specific.
7. OUR PRIVACY NOTICE.
To learn more about our policies and practices regarding your personal data
and how We will treat it, please view our entire Privacy Notice.
* Accordion item 4 of 8 Conditions of Sales
1. Applicability of General Conditions of Sale
1.1 Each order placed directly with Nespresso USA, Inc. (“Nespresso USA”) by
means of the Nespresso USA website, through Nespresso USA’s Customer Service
Center, or at Nespresso USA’s retail boutique locations shall be governed by
these General Conditions of Sale. By placing an order, you acknowledge that
you have read, understood and accepted, without reserve, these General
Conditions of Sale.
1.2 These General Conditions of Sale apply only to sales in the United States
of America. International orders are not available via the Nespresso USA
website or Nespresso Customer Service Center.
1.3 Nespresso USA reserves the right, at any time, to modify these General
Conditions of Sale by posting a new dated version on this website.
1.4 By using the Nespresso USA website, you also accept and agree to be bound
by our Terms of Use and Privacy Policy. Nespresso USA invites you to read
them carefully before using the services provided on this website. These
Conditions of Sale, the Terms of Use and Privacy Policy govern to the
exclusion of any conflicting terms.
1.5 Purchase of Nespresso products from third party retail locations or via
third party websites are not covered by these General Conditions of Sale.
Third party terms and conditions will apply to such sales, as applicable.
2. Customer Registration
2.1 When you register on the Nespresso USA website, you must ensure that the
mandatory registration information you provide is correct and complete.
Please inform Nespresso USA about changes of address or other modifications
by updating your personal details on the website without delay.
2.2 You may register only one customer account with Nespresso USA. Any
attempt to register more than one account may result in rejection of your
order or membership benefits without prior notice.
3. Customer Password
3.1 When registering to use the Nespresso USA website, you will be asked to
create a password. You should 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 USA immediately.
4. Orders
4.1 By placing an order through the Nespresso USA website or through the
Nespresso USA Customer Service Center, you make an offer to purchase the
products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso USA on its website, through the Nespresso
USA Customer Service Center, and at Nespresso USA’s retail boutique locations
are subject to monthly maximum quantity limitations, which are set at
Nespresso USA’s sole discretion.
4.3 Nespresso USA offers its products within the limits of its available
stocks.
4.4 The unauthorized resale of Nespresso products is strictly prohibited.
Customers found to have engaged in the unauthorized resale of Nespresso
products shall have their accounts immediately terminated.
4.5 The One-Touch Order function (available on compatible Nespresso machines
only)
The One-Touch Order function (available on compatible Nespresso machines
only) allows you to order your Nespresso capsules by pressing the One-Touch
Order button on your Nespresso machine.
The One-Touch Order function can only be used to order Nespresso Original
capsules.
The General Conditions of Sales (including the terms and conditions regarding
payment, prices and delivery) automatically apply to any order for Products
placed by means of the One-Touch Order function on compatible Nespresso
machines. In the event of a conflict between the General Conditions of Sales
and these specific conditions related to the One-Touch Order function, the
conditions related to the One-Touch Order function will prevail.
After pairing your compatible Nespresso machine in accordance with the
instructions provided by Nespresso, the Nespresso application allows you to
configure an order of Nespresso capsules in the Nespresso application.
When you press the One-Touch Order button, your currently configured order of
Nespresso capsules will be automatically charged to the payment method and
shipped to the address associated with your application account. To change
the configuration of your order, your payment method, or the address for
shipments, go to EasyOrders under My Account.The email address or activated
smartphone number to be associated with your orders can also be changed at
Account Information.
After pressing the One-Touch Order button on your compatible Nespresso
machine, you will immediately receive from us an email and (if activated) a
notification on your smartphone through the Nespresso application to inform
you that the One-Touch Order that you have previously configured in the
Nespresso application has been received by Nespresso. This email and
notification contain the details of your Product basket, the total price of
your One-Touch Order, as well as the order cancellation options. No less than
two hours after pressing the One-Touch Order button on your compatible
Nespresso machine, you will receive from us a second email and (if activated)
notification on your smartphone through the Nespresso application to confirm
that the One-Touch Order has been placed and that a contract for the sale of
Products between you and Nespresso has been formed. Finally, you will receive
a third email and notification to inform you that the One-Touch Order has
been shipped. Please be sure to ensure that your spam filter is set to accept
emails from Nespresso.
During the two-hour period after pressing the One-Touch Order button on your
compatible Nespresso machine, you can cancel your One-Touch Order free of
charge in the Nespresso application. In the event that you wish to cancel
your One-Touch Order after the two-hour period, you are entitled to return
the order of the Products in accordance with the terms and conditions of the
present General Conditions of Sales. You can only place one order every
24-hour period.
If we are unable to complete your One-Touch Order, for instance if one of the
Products included in your One-Touch Order is out of stock at the moment of
making the order by pressing the One-Touch Order button on your compatible
Nespresso machine or if your credit card cannot be charged, we will notify
you as soon as possible by email that no contract for the sale of Products
between you and Nespresso has been formed.
The One-Touch Order function of your compatible Nespresso machine function
does not take into account promotional offers announced on or around the time
of your order processing. To benefit from such a promotion, it is recommended
to place a separate order.
You are entitled to delete or modify the Products basket configured in the
Nespresso application or deactivate the One-Touch Order functionality of your
compatible Nespresso machine at any time and free of charge. Further, we will
actively inform you by email if the price or any other significant
characteristics of any of the Products included in the pre-set order
configured in the Nespresso application have changed.
All orders placed and data collected through the One-Touch Order function are
subject to the Nespresso Privacy Policy.
5. Order Confirmations
5.1 The order you place on the Nespresso USA website or through Nespresso
USA’s Customer Service Center is not confirmed until Nespresso USA transmits
an order confirmation by e-mail.
5.2 Nespresso USA reserves the right to refuse orders for any reason or no
reason at all.
5.3 The order confirmation, including payment information, transmitted by
Nespresso USA constitutes full proof of the order and the entire transaction.
6. Prices and Delivery Charges
6.1 The prices payable for the item(s) you order are those displayed on the
Nespresso USA website on the date you place your order (as set out in the
order confirmation), but excluding any applicable delivery charges.
6.2 Delivery charges will be billed at the rates indicated on the Nespresso
USA website on the date you place your order (as set out in the order
confirmation).
6.3 Nespresso USA reserves the right to modify its prices and delivery
charges at any time and to cancel an order in case of writing, printing or
calculation errors.
7. Delivery
7.1 All orders confirmed by Nespresso USA will be delivered to the delivery
address you specify when placing your order. Delivery tracking may be
available in certain locations through Nespresso USA or third party delivery
vendors. The phone number you provide may be used to notify you of delivery
and/or may be visible on the outside of the package delivered.
7.2 Nespresso USA does its utmost to ensure deliveries in the timing shown on
the delivery option selected and set out in the order confirmation, but does
not guarantee delivery times.
7.3 Deliveries can only be made to locations in the United States of America.
8. Verification of Merchandise
8.1 It is your responsibility to verify the quantity and condition of the
merchandise upon delivery.
8.2 In case you observe damaged or missing items, you must inform Nespresso
USA within 7 days after the delivery. Nespresso USA may in such case provide
you with identical replacement merchandise in its discretion and may request
additional information to support your claim.
9. Returns
9.1 Machines and accessories purchased directly from Nespresso USA can be
returned within 30 days from the date of purchase or delivery (if such
delivery date is verified through a delivery receipt). The machine must be in
its original packaging, and you must include all relevant invoices and/or
receipts with your return.
9.2 Unopened coffee sleeves purchased directly from Nespresso USA can be
returned within 30 days after receipt from purchase or delivery (if such
delivery date is verified through a delivery receipt). All relevant invoices
and/or receipts must be included with your return. Individual capsules and
opened coffee sleeves are not eligible for return, except in very limited
circumstances as approved by Nespresso USA.
9.3 Purchases made via the Nespresso USA website, through the Nespresso
Customer Service Center, or at a Nespresso USA retail boutique location may
be returned to the Nespresso address shown on the packing slip received with
the merchandise. If the packing slip is not available or assistance is
required, a return may be initiated by calling the Nespresso Customer Service
Center. The return postage will be at your expense.
9.4 Once a properly completed return has been received by Nespresso USA,
Nespresso USA will refund you the purchase price (excluding shipping costs)
of the returned merchandise no later than thirty (30) days after Nespresso
USA receives such returned merchandise. Nespresso USA will reimburse your
purchase price (excluding shipping costs) for the merchandise in the original
form of payment. In certain circumstances involving cash payment, in-store
credit, Nespresso gift card, or returned gift merchandise, Nespresso may
instead offer account or in-store credit. Incomplete returns will not be
processed.
IMPORTANT: Any Nespresso machine, equipment, or coffee purchased at a
third-party retail store or from a third-party website must be returned to
the original store or site from which it was purchased, and is subject to
such third-party return policies.
10. Limited Machine Warranty
10.1 Each machine purchased directly from Nespresso USA, either via its
website, Customer Service Center, or at a Nespresso USA retail boutique
location, comes with a minimum one-year limited warranty; certain machines
may be covered up to two years. Detailed warranty information is included in
the applicable user manual delivered with the machine. Warranty information
for a machine is also available prior to purchase on the Nespresso USA
website, at Nespresso USA’s retail boutique locations, or by request from the
Nespresso USA Customer Service Center.
10.2 The limited warranty provided is valid only in the United States of
America.
10.3 Except to the extent allowed by applicable law, the terms of the limited
warranty do not exclude, restrict or modify the mandatory statutory rights
applicable to the sale of this product and are in addition to those rights.
If you believe your product is defective, contact Nespresso USA for
instructions on how to proceed with a repair or exchange.
10.4 Machines that are co-branded with another company, or that are purchased
via a third party retail location or third party website, may have different
warranty coverage. Please consult the third party company or machine user
manual for details.
11. After-Sales Service
11.1 If you encounter any problems or have any questions concerning the
functioning, maintenance or after-sales service of your machine, please
contact Nespresso USA via our website or by telephone for advice and
assistance.
11.2 If your machine problem cannot be resolved via remote assistance,
Nespresso USA offers a series of advantageous after-sales service options.
Please contact Nespresso USA for detailed information here.
12. Limitation of Liability
12.1 The photographs and texts illustrating and describing the products on
the Nespresso USA website are non-contractual and for information purposes
only. Nespresso USA shall not be liable in case of errors or omissions in the
photographs or texts displayed on this website.
12.2 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 arc claimed. IN NO EVENT SHALL Nespresso USA OR
ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY NATURE (EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS KNOWN OR
COULD HAVE BEEN KNOWN BY Nespresso USA), CAPABLE OF ARISING IN CONNECTION
WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
13. Force Majeure
13.1 Nespresso USA will make every reasonable effort to fulfill its
obligations. However, Nespresso USA 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.
13.2 In the event of delay, Nespresso USA 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.
14. Applicable Law and Dispute Resolution
14.1 These Conditions of Sale are governed by, and construed and enforced in
accordance with, the laws of the State of Delaware, without regard to its law
governing conflict of laws. All disputes arising out of or in connection with
your purchase and use of the Products shall be settled by arbitration
administered by the American Arbitration Association in accordance with its
commercial Arbitration Rules. The place of the arbitration shall be New York,
NY. The laws of the State of Delaware shall apply to those proceedings.
Judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. Buyer and Nespresso USA agree that each
may bring claims against the other only in an individual capacity and not as
a plaintiff or class member in any purported class or representative
proceeding.
15. EasyOrder
15.1. 'EasyOrder' allows you to reorder and pay for your Nespresso capsules
automatically based on a chosen frequency.
15.2 These General Conditions of Sale apply to any order placed through
EasyOrder. In the event of a conflict between these General Conditions of
Sale and the terms related specifically to EasyOrder, the terms and
conditions related to EasyOrder will prevail.
15.3 Easy Order details are available here.
12/2019
Nespresso S.A.
* Accordion item 5 of 8 Company Registration
Nestlé Nespresso SA
Chaussée de la Guinguette 10
CH-1800 Vevey
Switzerland
* Accordion item 6 of 8 Consumer Ratings & Reviews – Terms of Use
These Rules govern your conduct, agreement and the rights of Nestlé Nespresso
SA and Nespresso USA, Inc. (“Nespresso”) as related to the Consumer Ratings
and Review Service (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.
Monitor
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.
© 2018 Nestlé
Last Update 2/2016
* Accordion item 7 of 8 California Transparency in Supply Chains Act
Nespresso USA supports the goals of the California Transparency in Supply
Chains Act of 2010 and strives to be examples of good human rights and labor
practices throughout our business activities. The Nestlé Corporate Business
Principles are at the basis of our company’s culture, which has developed
over the span of 140 years. Since Henri Nestlé first developed his successful
infant cereal “Farine Lactée”, we have built our business on the conviction
that to have long-term success for our shareholders, we not only have to
comply with all applicable legal requirements and ensure that all our
activities are sustainable, but additionally we have to create significant
value for society.
Nestlé’s actions in this area include the following:
1. Product Supply Chains / Suppliers
In The Nestlé Corporate Business Principles, Nestlé commits to foster
responsible practices in our supply chain. The Nestlé Supplier Code , which
is accepted by our suppliers, helps to implement this commitment and
establishes non-negotiable minimum standards for Nestlé suppliers in the
areas of Health and Safety, Labor Standards, Business Integrity, and the
Environment.
Nestlé is also a member of Sedex (Supplier Ethical Data Exchange), a not for
profit membership organization dedicated to driving improvements in
responsible and ethical business practices in global supply chains. Sedex is
currently being used by a number of leading retailers and brand manufacturers
and over 15,000 sites are registered on Sedex. More information can be found
at www.sedexglobal.com .
Nestlé maintains a partnership with the Fair Labor Association (FLA), a
non-profit multi-stakeholder initiative that works with major companies to
improve working conditions in their supply chains. We invited the FLA to
examine our cocoa supply from Côte d’Ivoire, the world’s largest exporter of
cocoa, and their report was issued in June 2012. More information and
Nestlé’s action plan in response to the report can be found at www.nestle.com
.
2. Supplier Audits
Nestlé reserves the right to verify our Supplier’s compliance with the Nestlé
Supplier Code. Nestlé confirms compliance with the Nestlé Supplier Code
through either a combination of third party certifications or a Responsible
Sourcing Audit conducted by a third party.
In the event that Nestlé becomes aware of any actions or conditions not in
compliance with the Nestlé Supplier Code, Nestlé reserves the right to demand
corrective measures. Nestlé reserves the right to terminate an agreement with
any supplier who does not comply with the Nestlé Supplier Code.
3. Human Rights in our business activities
As indicated in the Nestlé Corporate Business Principles, Nestlé fully
supports the United Nations Global Compact’s (UNGC) guiding principles on
human rights and labor, and aim to provide an example of good human rights’
and labor practices throughout our business activities.
4. Code of Business Conduct
Since the Company was founded, Nestlé’s business practices have been governed
by integrity, honesty, fair dealing and full compliance with all applicable
laws. Nestlé employees worldwide have upheld and lived this commitment in
their everyday responsibilities ever since, and Nestlé’s reputation remains
one of the Company’s most important assets today.
The Nestlé Corporate Business Principles prescribe certain values and
principles which Nestlé has committed to worldwide. This Code of Business
Conduct specifies and helps the continued implementation of the Nestlé
Corporate Business Principles by establishing certain nonnegotiable minimum
standards of behavior in key areas.
5. Employee Training
The new version of The Nestlé Corporate Business Principles was provided to
each of our 280,000 employees globally by the end of 2010 and accompanied by
learning and training tools. Employees were asked to acknowledge that they
had received and read The Nestlé Corporate Business Principles.
As of 2011, a modular training program was rolled out on the various
components of the Nestlé Corporate Business Principles. The depth and focus
of the trainings was established in accordance with the materiality for the
different functions within the company.
The Nestlé Corporate Business Principles will continue to evolve and adapt to
a changing world. Our basic foundation is unchanged from the time of the
origins of the company, and reflects the basic ideas of fairness, honesty,
and a general concern for people.
* Accordion item 8 of 8 Nespresso Machine Plan Terms and Conditions
1. Agreement to Terms and Conditions. These terms and conditions (“Program
Terms and Conditions”) govern your agreement with Nespresso USA, Inc.
(“Nespresso USA”) for the Nespresso Machine Plan purchased by you. By
choosing to purchase a Nespresso Machine Plan you accept and agree to be
bound by these Program Terms and Conditions. These Program Terms and
Conditions shall apply in addition to the Nespresso.com Legal Notices, each
of which is incorporated herein by this reference and made a part hereof and
can be accessed at https://www.Nespresso.com/us/en/legal.
2. Eligibility. Nespresso Machine Plans are available to legal U.S. residents
with a shipping address in the 50 United States, the District of Columbia, or
Puerto Rico (no P.O. Boxes), who are at least 18 years old. There is a limit
of 1 Nespresso Machine Plan per person.
3. Monthly Payment for Nespresso Credits. You agree to purchase the dollar
value of Nespresso credits associated with your selected Nespresso Machine
Plan for a period of 12 months beginning on the date of your first monthly
payment (“Term”). Each of these payments is your “Monthly Payment.” The
Monthly Payment may be made by Credit Card. Each subsequent Monthly Payment
will be payable every month on or about the same day of the month on which
you originally purchased and registered for your Nespresso Machine Plan. You
authorize Nespresso USA to charge your Credit Card automatically for each
Monthly Payment in accordance with the payment terms set forth herein and in
accordance with applicable law.
4. $1 Machine Payment. To initiate the Nespresso Machine Plan, you agree to
pay the first Monthly Payment plus $1 (the “Promotional Payment”). Tax
applies on $1 that you pay for the machine.
5. Duty to Pay. It is your duty to ensure that your Credit Card is valid and
current at all times during the Term. If, for any reason, Nespresso USA is
unable to charge your Credit Card it will notify you of such nonpayment. If
you fail to make any Monthly Payment within 7 days of such notice, you are in
breach of these Program Terms and Conditions and Nespresso USA has the right
to interpret this as cancellation pursuant to Section 10.
6. Registering for the Plan. In order to purchase a Nespresso Machine Plan,
you must create an account by visiting www.Nespresso.com/us/en and complete
the checkout process. You are responsible for maintaining the confidentiality
of your account and you agree to accept responsibility for all activities
that occur under your account or password. You may not assign or otherwise
transfer your account to any other person. Nespresso USA is not responsible
for third party access to your account that results from misappropriation or
unauthorized use of your account.
7. The Nespresso Machine. The Nespresso machine purchased with your Nespresso
Machine Plan will be shipped to you within 1-3 days of your first Monthly
Payment and the Promotional Payment. You may not upgrade or change your
selected Nespresso Machine Plan, including your Nespresso machine once
purchased.
8. Nespresso Credit. Your Monthly Payment will appear as Nespresso credits in
your account. Allow 3-5 business days for Nespresso credits to appear in your
account. You will not receive Nespresso credits for the Promotional Payment.
Your Nespresso credits accrued under the Nespresso Machine Plan do not
expire. Nespresso credits may only be redeemed on Nespresso.com, may not be
redeemed on international orders or via any other retailer or website other
than on Nespresso.com, are not redeemable for cash unless required by law,
may not be transferred, and may not be used toward the purchase of additional
Nespresso credits. You can check your current balance of Nespresso credit by
logging into your account on www.Nespresso.com.
9. Cooling Off Period. For a period of 14 calendar days following delivery of
the Nespresso machine (“Cooling Off Period”), you have the right to terminate
your Nespresso Machine Plan for any reason. To terminate this Agreement
during the Cooling Off Period, contact Nespresso’s Customer Relationship
Center at 800-562-1465 (OriginalLine) or 877-964-6299 (VertuoLine) and return
the Nespresso machine and any product you have redeemed using Nespresso
credits to Nespresso USA within 7 days following the Cooling Off Period. You
must return the Nespresso machine clean and in good working condition, any
capsule sleeves unopened, and/or accessories or product purchased as part of
your Nespresso Machine Plan. If you do not, Nespresso USA may deduct from the
refund the diminished value of the Nespresso machine and/or any product. Such
cancellation will be effective upon Nespresso USA’s receipt of the Nespresso
machine. Upon such cancellation, all payments received from you, including
delivery charges, shall be returned to the Credit Card on file except for (i)
supplementary costs arising if you chose a type of delivery other than the
least expensive standard delivery available during checkout, and (ii)
deductions due to diminished value of the Nespresso machine and/or other
product redeemed with Nespresso credits hereunder, which deductions shall be
determined in Nespresso USA’s sole and absolute discretion. Nespresso USA
will issue the applicable refund no later than 14 days after it has received
the Nespresso machine and product. Nespresso USA will refund you using the
same method of payment as you used to pay for the Nespresso Machine Plan. You
will not incur any fees as a result of the refund. If you cancel before the
Nespresso machine and any product has been shipped to you, termination will
be effective upon your notice to Nespresso USA and Nespresso USA will issue
the refund within 14 days of cancelation.
10. Cancellation After the Cooling Off Period. If you wish to cancel the
Nespresso Machine Plan after the Cooling Off Period and before all Monthly
Payments are made, you may do so by contacting Nespresso’s Customer
Relationship Center at 800-562-1465 (OriginalLine) or 877-964-6299
(VertuoLine). Upon such cancellation, you will be required to pay a
cancellation fee based upon the day you cancel and the total Monthly Payments
throughout the Term as follows:
Time of Cancellation (Day) Cancellation Fee (Percentage of Total Monthly
Payments throughout the Term) 15-90 33% 91-180 25% 181-270 17% 271-335 days
8% 336+ days 0
By way of example, if your total Monthly Payments for the Term is $420 and
you cancel on day 92 of your Nespresso Machine Plan, you will owe a
cancellation fee of $105 (25% of 420). Notwithstanding the foregoing, you
will keep the Machine and you will be able to use your Nespresso credits
issued prior to the date of cancellation. You agree to pay reasonable costs
of collection and attorney’s fees as may be necessary.
11. Pausing your Nespresso Machine Plan. You have the right to pause your
Monthly Payments for up to 3 months without charge by contacting Nespresso
USA’s Customer Relationship Center at 800-562-1465 (OriginalLine) or
877-964-6299 (VertuoLine). Upon conclusion of the paused period, your Monthly
Payments will automatically resume. During the paused period, you can still
redeem your Nespresso credits.
12. Termination by Nespresso USA. At any time and for any reason, or for no
reason, Nespresso USA may terminate, modify, or pause this Nespresso Machine
Plan program by notification to you of such termination. Upon such
notification, your Credit Card will not be charged for any remaining Monthly
Payments and no further Nespresso credits will be issued pursuant to these
Program Terms and Conditions.
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