- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information. 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 fulfill 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.
- COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
Cookies/Similar Technologies. Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.
Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons 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.
- 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 emails, ads, phone calls, SMS, 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 “Like” functions 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.
- 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. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes.
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).
A list of third party organisations with which We share your Personal Data, their contact details, the types of Personal Data that they receive and the purposes for which they process Personal data is available on https://www.nespresso.com/sg/en/pages/learnmore_legal.
- 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.
- DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as 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 coffee specialists 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.
- 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 at http://www.nespresso.ph/contact-us/ , contact us via phone at +63 2 8477-7870, or write to us at Nespresso Club, 2nd Floor Retail Unit 14 & 24, Rockwell Business Center Sheridan,Sheridan Street corner United Street Highway Hills, Mandaluyong City, by 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 e-mail at http://www.nespresso.ph/contact-us/ or contact us via phone at +63 2 8477-7870, or write to us at Nespresso Club, 2nd Floor Retail Unit 14 & 24, Rockwell Business Center Sheridan, Sheridan Street corner United Street Highway Hills, Mandaluyong City by 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.
Colombia only: Complaints: When sending a complaint, please make sure you include (i) your name and identification information; (ii) contact information (physical address and/or electronic address and phone numbers); (iii) documents that evidence your identity or proxy; (iv) a clear and accurate description of the Personal Data over which you seek to exercise any of the rights described in this Notice; (v) a description of the events giving rise to the complaint; and (vi) the documentation supporting your complaint.
Requests for access: All requests for access shall be answered within 10 business days, following the date on which the request was received. In the event that the request is not be addressed within 10 business days, We shall contact you to inform you of the reasons why the request is still in process and provide the date on which the request will be addressed. The answer to the request shall not be sent later than 5 business days following expiry of the original term.
Modification and Deletion of Personal Data: We may require you, within 5 business days following receipt of your request, to remedy any missing information. If you do not submit the documentation and information required within 2 months following the date of the initial request, the request will be deemed waived. We will provide an answer within no more than 15 business days from the day following the date that the request was received. If the request cannot be addressed within 15 business days, We will inform you of the reasons why the request is still in process and provide the date on which the request will be addressed (The answer to the request shall not be sent later than 8 additional days following expiry of the original term).
Mexico only: When sending your request, please make sure to include at least the following information: (i) your name, email and address, in order to send you the corresponding answer; (ii) a copy of a governmental ID; (iii) a clear and precise description of the personal data upon which you wish to exercise your rights; (iv) any other information that facilitates locating the personal data. We will provide an answer to your request within twenty days, starting from the day that the request was received..
- 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. We adhere to the DAA’s self-regulatory principles. You will still receive advertising, but those ads may be less relevant to your interests.
- 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.
- DATA CONTROLLERS & CONTACT
To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact us at:
Nespresso Club Philippines
2nd Floor Retail Unit 14 & 24
Rockwell Business Center Sheridan
Sheridan Street corner United Street Highway Hills,
Mandaluyong City 1550
or call the Nespresso Club at +63 2 8477-7870
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).
CONDITIONS OF SALE
1 APPLICABILITY OF GENERAL CONDITIONS OF SALES
1.1 Each order placed with Nespresso shall be governed by the present General Conditions of Sale and is subject to particular conditions applicable to orders placed via the Internet or in the Nespresso Boutiques.
1.2 Nespresso reserves the right to modify the present General Conditions of Sale at any time by publishing a new version.
2.1 You may place your orders:
- Online : www.nespresso.ph
- In the Nespresso partner retailers for machine purchases
2.2 There is no minimum quantity of coffee orders online.
2.3 Nespresso offers its products within the limits of its available stocks.
2.4 Nespresso reserves the right to refuse orders, notably in case of unpaid invoices or insolvency.
3 ORDER CONFIRMATION FOR ONLINE PURPOSES
3.1 To the extent permitted by law, Nespresso is entitled to, at any time, without providing reasons and with no liability to you or any third parties, verify an order, and to refuse, cancel or terminate an order for any reasonable ground. We may refuse an order if:
- Product is totally or partially unavailable after the order is made.
- Failure of payment and/or non-payment within period provided
- Fraudulent transactions
- Incomplete or invalid delivery address
4.1 After orders are processed, Nespresso makes every possible effort to ensure deliveries in the Metro Manila area within 3 – 5 working days, to Provincial areas within 10 – 15 working days, and to Out of Delivery Zones within 10 – 15 working days via courier hub pick-up, after order has been confirmed. Working days for Nespresso Philippines are defined as Mondays to Saturdays.
4.2 If you request a particular means of delivery different from that used normally by Nespresso, any additional cost will be billed to you.
4.3 If no one is available to receive order upon delivery, the courier will inform Nespresso. A Coffee Specialist will get in touch with you to schedule the date of your preferred delivery. You will be charged a delivery fee upon the 3rd attempt.
5 VERIFICATIONS OF GOODS UPON DELIVERY
5.1 In case you observe loss, damaged or missing items, you must notify and file a claim, together with our relevant invoices and signed delivery notes to Nespresso in writing or calling our Customer Relationship Center within 48 hours after receipt of the Products. Nespresso shall in such case provide you with identical replacement Products.
6 ORDER CANCELLATIONS
6.1 You may cancel your order after 24 hours from the time the order has been made and we will refund you with net of applicable charges (e.g. bank charges) within 21 business days after you have notified us of cancelling your order.
6.2 Once your order has been placed, the Products cannot be changed anymore.
6.3 To cancel your order, please notify Nespresso immediately by calling the Customer Relationship Centre on +632 8477 – 7870.
7 RETURNS POLICY
7.1 All machines received within 48 hours are considered in good condition and is not valid for exchange, unless the damage was proved incurred in transit during delivery.
7.2 Nespresso will only accept such returns for machines accompanied by the relevant invoice.
7.3 All coffee orders are not valid for returns or exchanges. All orders are deemed correct upon payment.
8 PRICES AND INVOICES
8.1 The prices invoiced for the goods you order are those in effect on the date you place your order and inclusive of VAT.
8.2 The fee for delivery charges is applicable to all orders except if it is within the stated minimum spend for free delivery.
8.3 Nespresso offers no rebates or reductions for wholesale or trade orders/quantities.
9.1 Credit Cards payments online is due in full before ordered goods are dispatched.
9.2 Cash on Delivery for online orders are for Metro Manila areas only. Customers are expected to prepare the exact amount upon payment.
10 MACHINE GUARANTEE AND AFTER-SALES SERVICE
10.1 The Nespresso machines are guaranteed by the manufacturers pursuant to the specific terms and conditions listed in the original product documentation and such guarantee is without prejudice to any of your statutory consumer rights.
10.2 For any questions concerning the operation, maintenance and after-sales service of your Nespresso machine, please contact Nespresso by telephone for advice and assistance
10.3 In the event that your machine (that is sent for service or repair) is found by Nespresso to be affected by any issue(s) that renders the machine unsuitable for use (including hygiene issues like pest infestation), Nespresso strongly recommends that you do not continue to use such machine, and Nespresso will dispose of your machine in an appropriate manner. However, if despite Nespresso’s above-mentioned recommendations, you decide to retrieve the machine from Nespresso, you agree to the following on behalf of yourself and any person affected by and/or using the machine:
- (a) You understand that the continued possession use of the machine involves inherent risks and dangers, including that of personal and bodily injury, death, property damage and possible personal and economic losses, and you voluntarily and freely choose to assume these risks, and
- (b) You fully and forever release and discharge Nespresso and its affiliates and their respective employees, agents and contractors (collectively, the “Released Parties”) from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, of or to you or your property, or that of any other person, directly or indirectly arising out of or in connection with the continued use and possession of the said machine.
11 DATA PROTECTION
11.2 As per applicable law, you have the right to access and rectify personal data concerning you by writing Nespresso at the below-noted address.
12 PASSWORD AND CONFIDENTIALITY
12.1 If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, or may have been compromised, Nespresso shall immediately suspend the use of such account.
13 APPLICABLE LAW AND FORUM
13.1 The present General Conditions of Sales are governed by Philippine Law.
Last Updated: August 6, 2021