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Legal Notices
You acknowledge that you have been presented with a French version of these terms and have expressly chosen to enter into the English version.
Pour la version française, veuillez cliquer ici.
Vous reconnaissez qu’une version française des présentes modalités vous a été présentée et que vous avez choisi expressément d’utiliser la version anglaise.
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.
Nestlé Nespresso S.A.
8/2014 © 2003
Nestlé Nespresso S.A. All rights reserved.
NESPRESSO PRIVACY POLICY
Effective: September 1, 2023
SCOPE OF THIS NOTICE
Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your Personal Data and how we will treat it. 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.
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, third party social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.
If you fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), We may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).
This Notice provides important information in the following areas:
- 1. SOURCES OF PERSONAL DATA
- 2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
- 3. COOKIES / SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
- 4. USES MADE OF YOUR PERSONAL DATA
- 5. DISCLOSURE OF YOUR PERSONAL DATA
- 6. RETENTION OF PERSONAL DATA
- 7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
- 8. ACCESS TO YOUR PERSONAL DATA
- 9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
- 10. CHANGES TO OUR NOTICE
- 11. DATA CONTROLLERS & CONTACT
- 1.SOURCES OF PERSONAL DATA
This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nespresso websites . Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“ Websites”).
Nespresso mobile sites/apps . Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.
E-mail, text and other electronic messages . Electronic communications between you and Nespresso.
Nespresso CRC . Calls to our Customer Relationship Centers (“ CRC”).
Nespresso Boutiques . Stores managed by Nespresso.
Offline registration forms . Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.
Recycling . Our third-party recycling providers (“ Recyclers”), if you opt in to our Recycling Pilot Project (see below).
Data from other sources . Third party social networks (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis).
Telemetry Data. We may automatically collect data from Nespresso coffee machines. This information may include the machine Serial Number, machine alerts or errors, ingredient stock levels, and the number and type of coffees prepared by users, with the respective date and time. This information is associated with the enterprise customer but is not linked to any individual user of the machine. We use this information to determine usage trends and stock levels.
- 2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below.
Personal contact information . This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number
Account login information . Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
Demographic information & interests . Any information that describes your demographic or behavioural characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. postcode/zip code), favorite products, hobbies and interests, and household or lifestyle information.
Technical information about computer/mobile device . Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.
Websites/communication usage information . As you navigate through and interact with our Websites or newsletters, We use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking. You have the right to object to the use of such technologies, for further details please see Section 3.
Market research & consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.
Consumer-generated content. This refers to any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
Third party social network information . This refers to any information that you share publicly on a third party social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your third party social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a third party social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a third party social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
Transaction, 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 information about the products you have purchased, your billing and shipping address, your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). We generally collect your debit and credit card details directly from you, but may also receive this information from your card issue or our payment processing provider(s) (for example, in the event that your card details are changed or updated). In any case, We or our payment processing provider(s) handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS.
Calls to CRC . Communications with a CRC will be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
CCTV Information. Closed circuit video surveillance cameras (“CCTV”) may be installed at some of our retail locations to monitor building security and to ensure the health and safety of our staff and customers, and, where applicable, to assist in crime prevention, detection, and law enforcement investigation. We may also use CCTV footage on an anonymous basis to better understand how customers interact with our stores and our personnel, and to gather aggregate demographic insights about our customer base. We use this information to improve our stores and services, and better understand our customer base. We ensure that the ways in which any personal information is collected via our CCTV systems are compliant with all applicable privacy protection laws and are limited only to the extent that is necessary to achieve the purposes described above to ensure the safety of our staff and customers. If you have further questions pertaining to our collection of CCTV information, please contact our Chief Privacy Officer at Privacy.Canada@Nespresso.com.
Recycling Information. If you choose to participate in our Recycling Analytics Pilot Project (the “ Recycling Pilot Project”) we will collect information about your recycling habits including how many Nespresso pods you recycle and how frequently. We collect this information from our Recyclers. We will combine this information with your transaction information in order to determine how many of your purchased Nespresso pods are being recycled and to identify trends (for example, whether individuals in certain areas are more or less likely to recycle). You can contact us to opt out of this Recycling Pilot Project at any time.
- 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 detailed information on the cookies We use and the purposes for which We use them.
Log Files . We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.
Web Beacons . Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons will include information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We will use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalisation.
- 4. USES MADE OF YOUR PERSONAL DATA
The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Employees of Nespresso may have access to your personal information in the course of providing our services to you. Employee access to personal information will be restricted to those employees who have a legitimate need to know such information for the performance of their employment duties at Nespresso. Please note that not all of the uses below will be relevant to every individual.
What We use your Personal Data for
Customer service . We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).
Contests, marketing and other promotions . With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as email, ads, SMS, phone calls and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for this purposes. 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.
Third party social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on third party social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.
Personalization (offline and online) . With your consent (where required), We use your Personal Data (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimized for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We 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.
Recycling Pilot Project. We use the Personal Data of participants in our Recycling Pilot Project, to administer the Recycling Pilot Project, better understand participants’ recycling habits and behaviours, and to identify trends (for example, identify geographic areas where recycling is common). Our objective in collecting this information is to better understand participants’ recycling habits so that we can identify and implement ways to encourage and increase recycling behaviour. We may also use this information to provide you with recycling reminders, offer incentives, rewards or other benefits, or provide you with personalized reports.
Other general purposes (e.g. internal or market research, analytic, security) . In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
Legal reasons or merger/acquisition . In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.
- 5. DISCLOURE OF YOUR PERSONAL DATA
In addition to the Nespresso/Nestlé entities or ad-hoc in-country partners (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), We share you Personal Data with the following types of third party organization:
Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, Recyclers, payment processing, fraud detection and identity verification, website operation, data hosting, market research companies, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. 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. Their identity will be disclosed at the time your consent is sought.
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. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
People who can access your Personal Data . Your Personal Data will be processed by our authorized staff or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our staff in charge of customer care matters will have access to your customer record).
Measures taken in operating environments . We store your Personal Data in operating environments that use reasonable security measures to prevent unauthorized access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal Data, We cannot guarantee the security of the data during transmission 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 provide you in our Website/app.
Transfer of your Personal Data . The storage as well as the processing of your Personal Data as described above require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your province or country of residence, notably Switzerland and Luxembourg. When we transfer your Personal Data to other countries, we take all necessary reasonable steps to ensure that applicable laws are being followed. 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 also have the right to request information on the source of your Personal Data.
These rights can be exercised by writing to us at Nespresso Club, 300 rue Léo-Pariseau, suite 2300, Montréal, QC, H2X 4B3 Canada, 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.
Additional rights (e.g. modification, deletion of Personal Data ) . Where provided by law, you, your successors, representatives and/or proxies can (i) request deletion, the portability, 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 will not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.
Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.
We hope that We can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.
- 9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:
Cookies/Similar Technologies . You manage your consent via (i) our consent management solution or (ii) your browser so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 3 above.
Advertising, marketing and promotions . If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. Nespresso may also rely on your implied consent to use your Personal Data in this way if you have recently purchased a product from Us. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
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/targeted advertising & content, 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.
Recycling Pilot Project. If you registered for our Recycling Pilot Project, you may opt-out at any time by contacting us as described below.
- 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. DATA CONTROLLERS & CONTACT
We have designated one person as our Chief Privacy Officer (the “CPO”). The CPO is generally accountable for our compliance with this policy, and with applicable privacy laws.
If you have any questions, complaints or comments regarding this Notice or our information collection practices, please contact our CPO at:
Nespresso Club, 300 rue Léo-Pariseau, suite 2300, Montréal, QC H2X 4B3 Canada, Attn: Chief Privacy Officer, or at Email: Privacy.Canada@nespresso.com.
Data controller |
Responsible for |
Nespresso Canada, a division of Nestlé Canada Inc. rue Léo-Pariseau, suite 2300, Montréal, QC, H2X 4B3 Canada
|
All activities in Canada |
Nestlé Nespresso SA (Nestlé Nespresso Ltd) Chaussée de la Guinguette 10, 1800 Vevey, Switzerland |
All global activities |
Sift Science, Inc. (“Sift”)
|
Sift is responsible for detecting and preventing fraudulent activity on your account in real time. Information shared with Sift is treated by Sift in accordance with its Privacy Policy, available at https://sift.com/service-privacy.
|
NESTLÉ CANADA INC. COOKIE NOTICE
This cookie notice applies to all Nestlé Canada Inc. websites and mobile applications (“Nestlé Sites”).
1. What are cookies?
Cookies are text files that are placed on your computer by websites that you visit. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. They are used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website.
We use the term "cookies" throughout this notice to also cover all similar technologies, such as web beacons SDK, log files, pixel tags.
2. What types of cookies are used on Nestlé Sites?
We use the following types of cookies on Nestlé Sites:
Cookie categories |
Lifespan |
a) Site functionality cookies These cookies allow you to navigate the site and use our features, such as registration, logging in and product favourites. If you disable these cookies certain parts of the website will not function for you, for example, adding items to your basket, proceeding to checkout. |
As long as necessary |
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90 days |
c) Customer preference cookies When you are browsing on our sites, these cookies will remember your preferences (like your language or location), and other information you choose to provide to us, so we can help tailor your experience and make it more relevant and personal to you. |
90 days |
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90 days |
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90 days |
3. Manage your cookie preferences
You do not need to allow cookies to use or navigate through many parts of Nestlé Sites, although you may not have access to all the features on Nestlé Sites if you do not accept cookies. You should ensure that your device settings reflect your cookies preferences. You can also set your browser to warn you before accepting cookies or you set it to refuse them.
Additionally, where available, you can opt-out of cookies by visiting the following sites: http://www.aboutads.info/choices/#completed or http://www.youronlinechoices.eu/
4. Notice Update
We reserve the right to make any changes and corrections to this Notice. Please refer to this page from time to time to review these and new additional information. We will place updates on Nestlé Sites and, where appropriate, we will notify of any changes by email.
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For further information about how your data is used (including controller details), please see our Privacy Policy.
This Cookie Notice was last updated September 1, 2023.
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Nespresso S.A. or any of its affiliated companies (“Nespresso”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
1.3 Nespresso reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2. Registration
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.
3. Password
3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nespresso immediately.
4. Orders
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso on this website are subject to minimum and maximum quantity limitations.
4.3 Nespresso offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nespresso transmits a confirmation by e-mail.
5.2 Nespresso reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6. Prices
6.1 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.2 Nespresso reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 When ordering products for international delivery to countries other than those where Nespresso originates its shipments, you are the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
7.2 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8. Delivery
8.1 All orders confirmed by Nespresso will be delivered to the delivery address you specify when placing your order.
8.2 Nespresso does its utmost to ensure deliveries within two working days after receipt of an order.
8.3 Deliveries can only be made to the countries specified on this website.
8.4 Free standard delivery on online orders of 200 capsules or more.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nespresso within 7 days after the delivery. Nespresso shall in such a case provide you with identical replacement merchandise.
10. Returns
10.1 Nespresso accepts returns for machines and accessories, within 14 days, provided they are in new or unused condition, in their original packaging in perfect condition, and with the original invoice. All food products (including but not limited to coffee capsules, cookies, sugar sticks, and flavoured syrups) are final sale and cannot be returned once they have been purchased.
10.2 Nespresso will only accept returns of Nespresso machines and non-food accessories in their original condition and packaging, unused, accompanied by the invoice.
10.3 When returns are properly completed, Nespresso shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.
11. Payment
11.1 Invoices are sent after delivery of the merchandise and are fully payable within thirty days.
11.2 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nespresso reserves the right to refuse any new order until full payment of any overdue balance.
13. Machine Warranty
13.1 Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation.
13.2 Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
14. After-Sales Service
14.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso by telephone for advice and assistance.
14.2 If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options. Please contact Nespresso by telephone for detailed information.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 For international deliveries to countries other than those where Nespresso originates its shipments, Nespresso shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
15.3 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL Nespresso BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nespresso), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nespresso will make every reasonable effort to fulfill its obligations. However, Nespresso cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nespresso company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
06/2023
NESTLE Nespresso LTD.
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso’s internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso’s subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.
2. Participants
2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.
3. Entries
3.1 Promotions are free to enter and no purchase of any kind is necessary.
3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
3.7 Any breach of the General or Specific Rules will invalidate a participant’s entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.
4. Prizes
4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize.
4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
4.6 In addition, all travel or holiday prizes are subject to the following:
(a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
(b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
(c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
(d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
(e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
(f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.
5. Personal information
5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
5.3 All personal data provided by Participants or received Nespresso will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and 1993 OLPD 235.11, as amended) and Nespresso’s published Privacy Policy, the latest version of which is available at www.Nespresso.com. By accepting these Rules, participants also accept the terms of the Privacy Policy, which they should read before submitting an entry.
5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
(a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso’s Website or other technical means as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
(b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
(c) All Invitations shall nominate the Participant as sender and not Nespresso;
(d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
(e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.
6. Intellectual property
6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso’s right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person. Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.
7. General
7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
7.2 Subject to any mandatory legal requirements, Nespresso’s determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.
7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.
2010
NESTLE Nespresso LTD.
SUBSCRIPTION+ TERMS AND CONDITIONS
With Subscription+ (the “Program”), you have the convenience of automatically reordering and paying for your Nespresso® capsules and specific accessories at your chosen frequency. These Terms and Conditions apply to all orders placed through the Program. In the event of any conflict between the General Terms and Conditions and these specific Terms and Conditions for the Program, the latter will prevail. This Program benefits from 10% off coffee capsules and 20% off food and bites (the “Discounts”).
“Your Recurring Order will ship soon” notification
You will receive a written notification from us, 4 days prior to the preparation of your Recurring Order. This notification will serve to inform you about the upcoming order preparation date, provide details of the items in your basket, specify the total price of your recurrent order, and indicate if any products are currently out of stock.
Payment
Payments shall be made by credit card or Visa debit card (the “Card”). All Recurring Orders will be billed to your Card on the day of order preparation.
The Recurring Order service will show a pre-authorization of $1 on your Card before proceeding. The authorization amount will then be removed within 48-72 business hours.
In the event that your Card cannot be charged, Nespresso will place your order on hold and send a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
Modification and Cancellation
You are entitled to cancel your subscription to the Program at any time, skip one or more recurring orders or modify the product(s) basket, the frequency or any customer detail up to one day before the preparation date of your order free of charge.
To avoid being charged and having your order shipped, please make sure to provide a minimum of one (1) days' notice before the next scheduled preparation date if you wish to skip your upcoming order.
Out of stock
In the event that any product(s) included in your order are unavailable at the time you receive the "your Recurring Order will ship soon" notification, we will notify you within that notification. Despite the unavailability of certain product(s), we will proceed to ship your other products according to your requested frequency, unless you choose to cancel the order. Please note that you will not be charged for any product(s) that are currently out of stock.
Promotions
Promotions are not applicable on subscription offers. To benefit from such promotions, we recommend placing a separate order and adjusting the preparation date of your next recurring order accordingly.
The price of coffee capsules and specific accessories will be determined based on the price in effect at the time the order is prepared.
Nespresso retains the discretion to decline a customer's participation in the Program without providing any specific justification or reason for such refusal.
Return Policy
All food products (including but not limited to coffee capsules, cookies, sugar sticks, and flavoured syrups) are final sale and cannot be returned once they have been purchased.
These terms and conditions may be modified by Nespresso Canada from time to time by posting a new dated version on this website or, to the extent required by law, by providing prior notice of such changes. You are invited to read these terms and conditions on a regular basis to be informed of these modifications.
GENERAL T&C’s FOR Nespresso MACHINE SUBSCRIPTION PLANS
1. How much is it?
The monthly amount you pay will vary depending on the machine and subscription plan you select. See Chart A for a list of machines and subscription plans.
2. Who Can Subscribe?
The Machine Subscription program is no longer open to new subscribers as of June2, 2023
3. When are payments due?
The first monthly fee will be payable at the time you sign up to the plan. The monthly fee may be paid by credit card. The subsequent monthly fees will be payable every month on the same day of the month as when your subscription was activated.
4. What’s included in the Nespresso machine subscription plan?
You will purchase a Nespresso coffee machine for $1 and will receive delivery of the machine conditional upon payment of your initial monthly fee. In return for the monthly fee included in your plan, you can regularly purchase Nespresso capsules, accessories or coffee machines, by using your Nespresso Credit as described below.
You will also enjoy always-on free delivery on all orders of 50+ capsules ordered online at www.Nespresso.com or by calling the Nespresso Club at 1-855-325-5781 for as long as you maintain an active machine subscription. Note that free delivery is not automatically applied to orders of 50+ capsules when your subscription has been paused.
Nespresso reserves the right to modify or cancel the free delivery benefit (50+ capsules) at any time without reason. In this case, subscribers to the Nespresso machine subscription plan would be informed accordingly.
5. Nespresso Credit
Each month, you will receive a fixed amount of Nespresso Credit that you can use to purchase Nespresso coffee or accessories on Nespresso.com, by phone, or in our Nespresso Boutiques. The amount of Nespresso Credit you receive is equal to the monthly fee for the subscription plan. For example, if you have a $45 monthly subscription plan, you will receive 45 Nespresso Credits for each month following payment of your monthly fee. All the Nespresso Credit you are eligible for will be added to the Nespresso Account directly after the receipt of the monthly fee in cleared funds.
Your Nespresso credit will not expire. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com/ca.
Nespresso credit is non-refundable and non-transferable and may not be exchanged for a cash equivalent.
6. How long does the Nespresso machine subscription plan last?
The Nespresso machine subscription plan will go on for as long as you continue to make your monthly payments and the contract will continue to roll until cancelled. It can be terminated by contacting our Customer Relationship Centre on (1-855-325-5781) at any time after the initial 12 months without any penalties for you or using the “Cancel” button in “My Account”. See Paragraph 8 below for more details.
Nestle Nespresso will provide reasonable prior notice that your payment is overdue and that failure to remedy will lead to termination of the plan. Cancellation fees still apply in this instance.
7. Cancellation Penalties
If you have purchased a machine as part of your subscription plan and wish to terminate your subscription plan before the end of the initial 12 month Term, you may do so by contacting our Customer Relationship Centre on 1-855-325-5781. If you terminate before you have paid all 12 monthly fees, you will be required to pay a fee (the “Termination Fee”). The Termination Fee will depend on your selected subscription plan. Subject to applicable law, the Termination Fee will be of 140$ plus tax for the $45 plan, $180 plus tax for the $50 plan, $160 plus tax for the $55 plan, $210 plus tax for the $60 plan, $190 plus tax for the $65 plan and $230 plus tax for the $70 plan. You will not be entitled to a refund for any monthly fees already paid at the date of termination.
Cancellation does not affect the Nespresso Credits accrued during the term of your subscription. You are entitled to keep and continue using, through your Nespresso Account, all Nespresso Credits accrued before cancellation.
8. Method of payment
Customers cannot pay for their monthly subscription using Visa and Mastercard debit cards. Customers may pay for their monthly subscription using Visa, Mastercard and American Express.
MACHINE CHART
Machine |
Regular price |
Machine subscription plan / month |
Inissia |
$209 |
$45 |
Inissia & Aeroccino |
$279 |
$50 |
Essenza Mini C |
$209 |
$45 |
Essenza Mini D & Aeroccino |
$279 |
$50 |
Pixie |
$229 |
$45 |
Pixie & Aeroccino |
$299 |
$50 |
Citiz |
$299 |
$65 |
Citiz & Milk |
$369 |
$70 |
Vertuo Next Premium |
$249 |
$45 |
Vertuo Next |
$229 |
$45 |
Vertuo Next Premium & Aeroccino |
$319 |
$50 |
Vertuo Next & Aeroccino |
$299 |
$50 |
Vertuo |
$279 |
$55 |
Vertuo Plus Deluxe |
$279 |
$55 |
Vertuo Next Deluxe |
$279 |
$55 |
Vertuo & Aerocino |
$349 |
$60 |
Vertuo Plus Deluxe & Aeroccino |
$349 |
$60 |
Vertuo Next Deluxe & Aeroccino |
$349 |
$60 |
These Rules govern your conduct, agreement and the rights of Nestlé Nespresso SA and Nespresso Canada, a division of Nestlé Canada Inc. (collectively, “Nespresso”) as relates to the Consumer Ratings and Review Service offered by Sprinklr (the "Service"). By submitting any Content to the Service, you agree to the following Rules. As used herein, Content means any text, photo, video, likeness or other material or information you provide to the Service.
If you do not agree to these Rules, please do not use the Service
You agree that:
- You are the age of majority in your province or territory of residence 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 or any other material fact), you will disclose it in your submission; and
- You do not work for Nespresso or 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 is 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 or regulation
- That is offensive, obscene, vulgar, or is inappropriate for a public or family 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’s 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 several 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 offline 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. Furthermore you waive any and all moral rights to the Content.
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 legal 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.
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.
© 2019 Nespresso Canada, a division of Nestlé Canada Inc.
Last Update 08, 2019
*This referral offer consists of $70 off any regular price Nespresso coffee machine (all colours, with or without the Aeroccino Milk Frother). The referral offer also includes one (1) complimentary capsule dispenser and one (1) Bestsellers Vertuo or Bestsellers original bundle depending on the system bought, while supplies last. All of the above items together will be referred to as the “Referral Offer”. The discount will be applied automatically at checkout with the use of a referral code.
The Referral Offer is valid from May 8, 2023 12:00:00 AM, while supplies last, excluding Nespresso Business Solution Machines and machines discontinued since December 31, 2022.
Referral Offer is valid for new customers only. Offer valid in Canada only and only for Canadian shipping addresses. Purchases must be made online only at www.nespresso.ca or by phone at 1-855-325-5781 and at selected Nespresso boutiques.
Offer void where prohibited or restricted. Not valid in combination with any other offer on machines from Nespresso, promotion, or employee discount. Limit of one (1) Referral Offer per new qualified customer purchase as part of this promotion. Cancellation rules: If the new customer cancels his/her order, the Referral Offer will be cancelled. All food products (including but not limited to coffee capsules, cookies, sugar sticks, and flavoured syrups) cannot be returned. If a gift included with a purchase was a food product, since the gift cannot be returned, the value of the gift will be charged to the consumer upon return of the purchased product and, as a result, any refund on a returned non-food product will be reduced by the value of the gift. See our return policy for more information. The Referral Offer may be cancelled at any time without notice. This Referral Offer is subject to stock availability and does not include applicable taxes. Referral Offer cannot be applied as a credit and is not valid towards previously purchased machines or machine bundles. Referral Offer is non-transferable and cannot be redeemed for cash. Fraudulent or duplicate requests are void and will not be fulfilled. Nespresso reserves the right to suspend or modify Referral Offer at any time.
**After a new customer makes a qualifying purchase using your referral code, receive a $50 coffee credit on your next purchase. Offer will be automatically applied at check-out. Offer valid in Canada only and only for Canadian shipping addresses. Purchases must be made online at www.nespresso.ca, by phone at 1-855-325-5781 and at Nespresso boutiques. The Referral Offer is valid on May 8, 2023 12:00:00 AM and the credit is valid for a total of 1 year from the date it is issued on your Nespresso account.
The entire coffee credit must be used in one transaction and hence a minimum coffee order of $50 before applicable taxes is required.
This offer is subject to stock availability and does not include applicable taxes.
Godfather can share their referral code up to a limit of five (5) times. Godfathers cannot refer to themselves and / or someone at the same civic address. You can refer to anyone who doesn’t already have a Nespresso machine. Referral codes only work on first-time Nespresso purchases.
The offer cannot be applied as a credit and is not valid for coffee previously purchased. The offer is non-transferable and cannot be redeemed for cash. Fraudulent or duplicate requests are void and will not be fulfilled. Not valid in combination with any other offer on machines from Nespresso, promotion or employee discount. Nespresso reserves the right to suspend, modify or cancel the offer at any time. Cancellation rules: If the new customer cancels his/her order, the Referral Offer will be cancelled.
One (1) Nespresso account per person. Nespresso reserves the right to require proof of identity in order to verify compliance with this offer, and may refuse this offer where Nespresso, in its sole discretion, believes a person is using multiple Nespresso accounts. Cancellation rules: If the Recruit cancels his/her order, this offer will also be cancelled.
All trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland and used under licence. ©2024 Nestlé.
This Welcome Offer is linked to your Nespresso Club Member number and is valid on one (1) purchase under your Nespresso Club Member account within your first twelve (12) months of your membership from the date of your Nespresso account activation.
To be eligible to receive one (1) Touch Travel Mug or one (1) Nomad Travel Mug Medium, your order must include a minimum of 100 coffee capsules (Original and Vertuo capsules qualify, including a combination of both). To activate the Touch Travel Mug offer, insert promo code TOUCH100 in the shopping bag summary. To activate the Nomad Travel Mug Medium offer, insert promo code NOMAD100 in the shopping bag summary. The color of the mug may vary and is predefined based on stock availability.
To be eligible to receive four (4) VIEW Lungo Cups and Saucers and one (1) Tote bag or two (2) Vertuo Coffee Mugs and Spoons and one (1) Tote bag, your order must include a minimum of 150 coffee capsules (Original and Vertuo capsules qualify, including a combination of both). To activate the four (4) VIEW Lungo Cups and Saucers and one (1) Tote bag offer, insert promo code VIEW150 in the shopping bag summary. To activate the two (2) Vertuo Coffee Mugs and Spoons and one (1) Tote bag offer, insert promo code VERTUO150 in the shopping bag summary.
Offer may be cancelled at any time without notice. Free standard delivery is included. Limit of 1 gift per Club Member. Offer is subject to stock availability and does not include applicable taxes. If any of the above gift items are out of stock, Nespresso reserves the right to replace the gift(s) with a gift of superior, equal or lesser value. Orders can be placed at participating Nespresso boutiques, online at www.nespresso.com, on the Nespresso Mobile app, , or through the Nespresso Club, available 7 days a week, at 1-855-325-5781 (for more information about our business hours, please visit our website). No substitutions allowed. Offer valid in Canada and only for Canadian shipping addresses. Offers are not transferable. Not valid in combination with any other offers or promotions. Void where prohibited or restricted. All food products (including but not limited to coffee capsules, cookies, sugar sticks, and flavoured syrups) are final sale. See our return policy for more information.. All trademarks are owned by Société des Produits Nestlé S.A., Vevey, Switzerland and used under license. ©2023 Nestlé.
Our Nespresso Canada social media accounts provide a place to learn about our upcoming sales, new products, initiatives, and more. We invite you to comment and ask questions while also following our house rules to maintain an open and constructive discussion on social media with fellow followers. However, we will review all comments and reserve the right to remove any comment, reply, post, or user that violates these House Rules. Note that we do not endorse, nor are we responsible for the accuracy of the information, opinions, claims, or advice shared by other users.
Please keep these house rules in mind when interacting on our social channels.
- 1. Keep it clean: no indecent or otherwise inappropriate posts.
- 2. Play fair: no libelous, defamatory, offensive, obscene, vulgar language, harassing, threatening, violent, or abusive posts.
- 3. Stay on topic: no spam, good luck/chain posts, commercial/ promotional solicitation posts, link baiting, or repeated postings of unconstructive, inflammatory, or otherwise objectionable comments.
- 4. Be original: share video content, links, music, photographs, and text if you have rights to it. If you don't own it or have permission, don't post content that violates trademark or copyright laws or any third-party intellectual property rights.
- 5. Be respectful of others: don't invade others’ privacy or publicity rights and don't give out your personal information such as phone numbers, email and home addresses.
- 6. Keep it true and legal: no misleading, fraudulent, or deceptive posts. Don’t upload files that contain viruses that could damage programs or the operation of other people’s computers.
- 7. Introduce yourself: if you are affiliated with Nespresso (employee, agency, incentivized blogger/brand ambassador, etc.) and you are posting a comment about our products, be sure to let everyone know about your affiliation.
Availability and Quantity: The Nespresso RELOVE machine program (the "Program") offers a limited quantity of refurbished coffee machines for sale. Nespresso reserves the right to determine the availability and quantity of machines offered throughout the Program.
Pricing: Nespresso retains sole discretion in setting the prices for the refurbished machines. Prices are subject to change without prior notice.
Program Termination: Nespresso reserves the right to cancel or terminate the Program at any time, without notice or liability. The availability of machines through the Program is intermittent and subject to stock availability.
Machine Selection: Not all machines will be included in the Program. Nespresso may periodically select specific machines to be offered through the Program, based on availability and other factors determined at its discretion.
Modification of Terms: Nespresso reserves the right to modify or amend these terms and conditions at any time, without prior notice. Any changes will be effective upon posting the updated terms on the business's website or other designated communication channels.
Official Rules (the “Rules”)
Subscription+ Canadian Experience Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. THE CONTEST IS VALID IN CANADA ONLY (AND IS OPEN ONLY TO ELIGIBLE PERSONS, AS SPECIFIED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED. DO NOT PARTICIPATE IN THE CONTEST IF YOU DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS AS SET FORTH BELOW.
Contest Period
1. The Subscription+ Launch Contest (the “Contest”) commences at 9:00:01 AM EST on February 28, 2025 and ends at 11:59:59 PM EST on March 9, 2025 (the “Contest Period”). All entries must be received by 11:59:59 PM EST on March 9, 2025 (the “Contest Closing Time”). Entries submitted after the Contest Closing Time will not be accepted.
Eligible Persons
2. The Contest is only open to legal residents of Canada who have reached the age of majority in their Province or Territory of residence at the time of entry, excluding: (a) employees, directors, officers, representatives and agents of: (i) Nestlé Canada Inc., including its Nespresso Division (the “Sponsor”); (ii) the independent contest management organization appointed by the Sponsor to administer the Contest (the “Contest Administrator”); (iii) any affiliates of the Sponsor or the Contest Administrator; (iv) any of the Sponsor’s advertising, promotion and fulfillment agencies involved in the development or execution of the Contest in any way; and (v) any persons or entities involved in judging the Contest; and (b) all persons with whom those specified in (a) are domiciled or immediately related. The persons and entities specified in (a) and (b) are referred to collectively herein as the “Contest Entities”. For the purposes of these Rules, two people are “immediately related” if one is the husband, wife, spouse, common-law partner, son, stepson, son-in-law, daughter, stepdaughter, daughter-in-law, sister, stepsister, sister-in-law, brother, stepbrother, brother-in-law, mother, stepmother, mother-in-law, father, stepfather or father-in-law of the other. For clarity, groups, clubs, organizations, businesses and commercial and non-commercial entities cannot enter the Contest.
3. In addition to the foregoing requirements, a person is only eligible to enter the Contest as described below if he or she is a Nespresso Club Member.
4. An entrant must meet the eligibility requirements set out in these Rules from the time of entry until the time he/she is confirmed a winner (if he/she becomes a winner).
How To Enter
5. There are two (2) ways to participate in the Contest:
(a) WITH PURCHASE METHOD OF ENTRY:
To be eligible for the contest, you must be registered in the Subscription+ program by the closing time. Your next recurring order should be set for June 30, 2025 or earlier to qualify, which will automatically enter you into a random draw for the Grand Prize. To join the Subscription+ program, set up a recurring order online at www.nespresso.com, via the Nespresso mobile app, by calling the Nespresso Club at 1-855-325-5781, or through our LiveChat at https://www.nespresso.com/ca/en/#live-chat.
(b) NO PURCHASE METHOD (the “NPN”) OF ENTRY:
- Purchase is not required to enter the Contest and will not improve your chances of winning. To participate, you must possess a valid Club Member account, send an email to privileges@nespresso.com with a 500-word handwritten essay (the “NPN Entry”) explaining your desire to participate in the Contest and why you love Nespresso to receive one (1) valid Entry.
- If you do not have an account, registration is free, visit : https://www.nespresso.com/ca/en/registration or download the mobile application onto your smart phone or tablet device and follow the onscreen instructions, or call the Nespresso Club via phone at 1-855-325-5781 to register.
6. Where you use a mobile device to access the Nespresso mobile app, data rates may apply. Please consult with your mobile device service provider regarding rate plans
7. Any available opt-in opportunities are not required to enter this Contest, and checking any opt-in boxes will not improve your chances of winning.
8. All entries are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility from any entrant, which proof shall be in the form required by the Sponsor. Failure to provide proof of identity and/or eligibility to the satisfaction of the Sponsor in a timely manner may result in disqualification.
Prizes and Odds of Winning
9. There is a total of one (1) grand prize (a “Grand Prize”) available to be won at the outset of this Contest. The Grand Prize consists of a one-thousand Canadian dollar ($1,000.00 CAD) Digital Gift Card in one of the following establishments: Dômes Charlevoix (Quebec), Back Forty Glamping (Ontario), Refuge Bay (Alberta), Boulder Mountain Resort (British Columbia), Stay Wilder (British Columbia). The choice of establishment will be made by the winner. . The approximate odds of winning a Grand Prize depend on the total number of eligible entries received by the Contest Closing Time. Should there be no establishment in the province in which you reside, an alternate Grand Prize of one-thousand Canadian dollars ($1000.00 CAD) in Nespresso credit will be applied to your Nespresso account.
10. All amounts and costs related to any Prizes, including but not limited to all income, sales, use and other taxes (and the reporting thereof) imposed as a result of the award of a Prize, which are not expressly covered by the Sponsor are the responsibility of the individual winner. It is the individual winner’s responsibility to understand and abide by any federal, provincial, territorial, local or foreign tax laws that may apply to receipt of a Prize. A person eligible to win a Prize must accept the Prize as awarded and may not transfer such Prize or substitute or exchange for, or apply the Prize’s value towards, cash or a higher cost or alternative prize. All Prizes are non-refundable, cannot be replaced if lost or stolen and are provided on an “as is” basis, without any representation or warranty of any kind. The Sponsor reserves the right, in its sole and absolute discretion, to make substitutions of equivalent or greater kind or value in the event of the unavailability of all or part of a Prize or for any other reason whatsoever
11. Acceptance of the Grand Prize is subject to these Rules, including, without limitation, the following terms and conditions:
(a) Each of the Prize Participants must sign a consent and release document, in the form provided by the Sponsor, in respect of his/her participation in the Grand Prize.
(b) The Sponsor is not responsible for paying any other expenses or charges not included in the above description of the Grand Prize, including, without limitation, any travel to and from the Departure Point, ground transportation, meals, airport taxes, telephone, fax or cable charges, personal services and expenses such as laundry, valet and room service, gratuities, optional tours, insurance and other incidental costs or expenses of the Prize Participants related to their participation in or use of the Grand Prize.
(c) The Prize Participants will be responsible for obtaining all the necessary medical approvals (including, without limitation, inoculations), administrative documents (including, without limitation, passports and visas) and any permits/authorizations required for, and for complying with all laws and regulations relating to, the Grand Prize trip.
(d) The Sponsor shall not be held responsible if a force majeure or other factor beyond its reasonable control prevents the Grand Prize or any part of the Grand Prize from being fulfilled. In any such event, the Grand Prize winner will not be provided with a substitute or cash equivalent for the Grand Prize, or any such part of the Grand Prize.
(e) The Sponsor makes no express or implied warranties or conditions of any kind with respect to the safety, appearance or performance of the Grand Prize. The Prize Participants assume full responsibility for any and all damages, losses or injuries of any kind that may arise while participating in and making use of the Grand Prize, including, without limitation, all related travel.
(f) The Prize Participants are responsible for having all necessary insurance coverage for all such damages, losses, harm and inconvenience as well as full insurance coverage for health, accident, repatriation and personal liability. Proof of insurance may be requested to obtain the Grand Prize.
How Prizes are Awarded
12. A random draw (a “Grand Prize Draw”) to award the Grand Prize, subject to these Rules (including the verification and skill-testing question requirements), will be held on March 13, 2025, at approximately 11:00 AM EST in Montreal, Quebec from all eligible Contest entries received during the Contest Period. One (1) potential winner will be randomly selected in the Grand Prize Draw. The Grand Prize Draw will be conducted by the Contest Administrator.
13. If, for any reason whatsoever, by the time of a Grand Prize Draw or no eligible entries have been received or there is an insufficient number of eligible entries, the unawarded Prize will be awarded during the next applicable Prize Draw. This process will be repeated until the Prize for the Contest is awarded. If, for any reason whatsoever, any Prizes are not awarded following the completion of the final Prize Draw, those Prizes will not be awarded.
14. The Sponsor and/or its representatives may engage with Contest participants during the Contest Period, but such interactions will have no impact on the process through which Prizes are awarded in accordance with these Rules.
15. Each potential winner of a Prize will be notified initially by phone beginning within five (5) days of the date on which his/her entry was selected as a potential winner. If the Contest Administrator is unsuccessful in its attempts to reach and speak directly with a potential winner by phone after three (3) attempts over a seven (7) day period to the phone number(s) listed in that potential winner’s Nespresso account, then, at the Sponsor’s sole and absolute discretion, that potential winner may be disqualified without liability to the Sponsor. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Through the winner notification process, the potential winner must confirm his/her eligibility and indicate his/her willingness to accept the applicable Prize. The potential winner will then receive official notification via email or certified or overnight mail delivery. No communications will be entered into other than with the potential winners.
Declaration and Release and Skill-Testing Question
16. Before being confirmed as a winner of a Prize, each potential winner must complete and return, within ten (10) days of date of receipt, a Declaration and Release Form (the “Declaration and Release”), which (among other things):
(a) confirms compliance with these Rules;
(b) acknowledges acceptance of the Prize as awarded;
(c) releases the Contest Entities and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the potential winner’s participation therein and the awarding and use/misuse of the Prize or any portion thereof; and
(d) confirms the potential winner’s consent to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet.
17. Further, prior to being confirmed as a winner of a Prize, each potential winner must also correctly answer a mathematical skill-testing question contained in the Declaration and Release, without assistance of any kind, whether mechanical, electronic or otherwise.
18. If a potential winner fails to return the properly executed Declaration and Release within the specified time period, the Sponsor may, in its sole and absolute discretion, disqualify the potential winner, thereby forfeiting any and all rights the potential winner may have to the Prize. In the event of such a disqualification, an alternate potential winner will be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules.
19. If a selected potential winner does not meet the eligibility requirements, does not correctly answer the mathematical skill-testing question, does not complete and return the Declaration and Release, is unable or unwilling to accept the Prize as offered or elects to decline the Prize, he/she may be disqualified at the sole and absolute discretion of the Sponsor and an alternate potential winner may be selected from among the remaining eligible entries, either through a process similar to the one that selected the original potential winner or through a random draw, the exact process to be determined by the Sponsor in its sole and absolute discretion, subject to these Rules. Any disqualified winner will not receive any alternate prize, substitution or compensation.
20. Upon satisfaction of all requirements of these Rules, including, without limitation, receipt of the completed Declaration and Release, winners will be contacted to make further Prize delivery arrangements.
Privacy
21. The Sponsor respects your right to privacy and works at all times to comply with all applicable data protection and privacy laws. Except as expressly set out in these Rules, in the Sponsor’s Privacy Policy (available athttps://www.nespresso.com/ca/en/legal), or as otherwise agreed to by you, any personal information provided in connection with this Contest will only be collected, used and disclosed by the Sponsor and its third party partners and service providers for the purposes of administering and conducting this Contest, including, without limitation, verification of eligibility and identity and awarding and delivering Prizes. Please note that personal information provided as part of this Contest may be collected in, transferred to and processed and stored in jurisdictions outside of Canada. Such information will be subject to the general laws applicable within those jurisdictions, including, without limitation, possible access by regulatory authorities. The Sponsor will not sell, share or otherwise disclose personal information provided in connection with this Contest to or with third parties or agents, other than to third parties or agents engaged by the Sponsor to fulfill the above purposes or as permitted or required by the applicable laws.
Additional Rules and Restrictions
22. By participating in this Contest, entrants agree to abide by and be bound by these Rules and the decisions of the Sponsor and the Contest Administrator, which shall be final and binding on all entrants in all matters relating to this Contest. In the event an entrant wins a Prize and is later found to be in violation of these Rules, he/she will be required to forfeit the Prize or to reimburse Sponsor for the stated value of the Prize if such violation is discovered after winner has used the Prize. False, fraudulent or deceptive entries or acts shall render entrants ineligible for the Prize.
23. Proof of sending (regardless of method) is not proof of receipt by the Sponsor or Contest Administrator. Incomplete, altered, mutilated or garbled entries will be disqualified. The Releasees are not responsible for lost, late, misdirected, garbled, stolen, incomplete, invalid, unintelligible or damaged entries, or for entries submitted in a manner that is not expressly allowed under these Rules, or for any entry not submitted or received due to any technical error or failure, unauthorized human intervention, inaccurate capture or mis-entry of any required information, the effects of hackers, the failure of any electronic equipment, computer transmissions and/or network connections or any other reason beyond Sponsor’s reasonable control; all of which will be disqualified. The Releasees are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including, without limitation: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entrants are restricted to use of ordinary and typical computer equipment and internet access use in respect of the Contest.
24. The Releasees are not responsible for the cancellation or postponement of any component of this contest or any associated programs and materials. The Releasees are not responsible for any other errors of any kind, whether computer, technical, typographical, printing, human or otherwise, relating to or in connection with the Contest. The Releasees are not responsible for typographical or other errors in the offer or administration of this Contest, including, without limitation, errors which may occur in connection with the printing or advertising of this Contest, these Rules, administration or execution of the Contest, the conducting of the prize drawing, the cancellation of any element of a Prize, the processing of entries or in the selection or announcement of a Prize or Prize winner.
25. Each entrant must submit an entry and participate in the Contest on his/her own behalf. Any entry submitted on behalf of another individual, on behalf of a group or organization, or using another person’s email address, name or other personal information will be disqualified and ineligible to claim any Prize.
26. Any attempt by any entrant to obtain more than the specified number of entries by using (or attempting to use) multiple names, identities, email addresses, registrations or logins, or by any other means whatsoever, will entitle the Sponsor, in its sole and absolute discretion, to void that entrant’s entries and disqualify that entrant from the Contest. Entries by any means which subvert the entry process will be void. Any Entry that is determined by the Sponsor, in its sole and absolute discretion, to have failed to have been fully completed and submitted during the Contest Period will be rejected. Use (or attempted use) of any automated, macro, script, robotic or other systems or programs to enter or otherwise participate in, subvert or disrupt the Contest, and any other attempt to manipulate, tamper with or defraud any element of this Contest, is prohibited and is grounds for disqualification by the Sponsor in its sole and absolute discretion.
27. In the event of a dispute as to any entry, the authorized account holder of the email address used for that entry will be deemed to be the entrant and he/she must be eligible according to these Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. All entries received become the property of the Sponsor and will not be returned or acknowledged.
28. The sole determinant of the time of receipt of an entry for the purposes of determining the eligibility of that entry shall be the Sponsor or Contest Administrator's computer or server.
29. By participating in the Contest, except to the extent prohibited by applicable legislation, each entrant:
(a) consents to the publication, reproduction and/or other use of his/her name, address, voice, statements about the Contest and/or photograph and/or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including, without limitation, print, broadcast and the internet;
(b) acknowledges and agrees that the Releasees make no warranty, guaranty or representation of any kind concerning any Prize and disclaim any implied warranty.
30. The Releasees shall not be liable to Prize winners or any other person for failure to supply any Prize or any part thereof by reason of any acts of God, any actions, regulations, orders, or requests by any governmental entity, equipment failure, terrorist acts, war, fire, unusually severe weather, embargo, labour dispute or strike, labour or material shortage, transportation interruption of any kind, or any other cause beyond the reasonable control of the Releasees.
31. Sponsor reserves the right , to cancel, modify, suspend or terminate the Contest, to change any Contest draw dates and to modify these Rules at any time without notice, for any reason, including, without limitation, if, in the opinion of the Sponsor, in its sole and absolute discretion:
(a) fraud, misconduct or technical failures destroy or threaten the integrity of any portion of the Contest;
(b) a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest; or
(c) there is any accident or printing, administrative or other error of any kind related to the Contest.
32. In the event of an early termination of the Contest, Sponsor reserves the right to determine the Prize winners in a random drawing from among all eligible, non-suspect entries received as of the time/date of such termination.
33. The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Rules, or as a result of technical problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules.
34. Except where prohibited by law, by completing the act of entering the Contest, each entrant agrees that the Contest, and all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, shall be governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein (excluding any conflict of laws, rule or principle that might refer such interpretation to the laws of another jurisdiction). Each entrant irrevocably submits to the non-exclusive jurisdiction of the courts of Ontario with respect to any matter related to this Contest.
35. If any provision of these Rules is determined to be invalid or unenforceable, the remaining provisions of these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
36. Except where prohibited by law, by participating in this Contest, each entrant agrees that (a) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be entitled to receive lawyers’ fees or other legal costs; and (b) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
37. A copy of these Rules is available on the Website If you have any questions regarding the Contest, or if you would like a list of the Contest winners once they are named, please contact the Sponsor through its contact information on the Website.