Legal notices

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.

1. INTRODUCTION

The following are governed by these General Conditions of Sales: all orders placed by individuals, referred to as “you” or “customer”, with Nestlé Nespresso S.A. referred to as “Nespresso” or "we", "us" or "our" and having its registered office at Chaussée de la Guinguette 10, 1800 Vevey, in a store or remotely (letter, telephone, fax, the Internet, and via the Nespresso application), concerning the machines belonging to the offers to private consumers, as well as their consumables and accessories dedicated to this line (the “Products”).
Before using the Nespresso website and associated webpages (the “Website”) and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Conditions of Sales together with the Privacy Notice and the Website Terms of Use and any additional conditions that may appear on the Website from time to time such as during promotions or campaigns.
Each order placed with Nespresso or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.
Any order placed through this Website can only be delivered to Switzerland and the Principality of Liechtenstein. We regret that we cannot deliver elsewhere.

2. ORDERS

2.1 Registration
As a prerequisite to place an order, you will be required to provide mandatory registration information, such as your name or email address that will need to be correct and up-to-date.
Please inform Nespresso of any changes in your address or other information by updating your personal details on this Website without delay, so that we can keep accurate records and deal with your request and orders.

2.2 Password and confidentiality
After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
If you know, or have reason to believe that your Credentials were stolen or misused, or in case of any other security issue, you should notify Nespresso immediately by calling the Customer Relationship Centre on 0800 55 52 53 (or +41 27 617 22 70 from outside of Switzerland).
If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, Nespresso shall immediately suspend the use of such account (including processing any transaction from such account).

2.3 Order process
You can place your orders:
- by internet: www.Nespresso.com/ch
- from your mobile phone via Nespresso application or on m.Nespresso.com
-by telephone: 0800 55 52 53 (free number from a fixed telephone line) or + 41 27 617 22 70 from outside of Switzerland
- by fax: 0800 88 82 83
- by letter : Nestlé Nespresso S.A., Chaussée de la Guinguette 10, 1800 Vevey

An order of Products through the Website is placed by clicking on the “Add to Basket” button and proceeding to the checkout page.
Orders you place with Nespresso are subject to minimum and maximum quantity limitations. Please note that our coffee capsules are packaged in sleeves, each containing 10 capsules. For packaging reasons, all orders placed through our Website, or the Customer Relationship Centre, should be composed of a minimum of 50 capsules and must be in a multiple of 50 capsules (50, 100, 150 etc.). You can mix the variety of capsules as you choose, as long as the total number is a multiple of 50. Biscuits and sugar packs orders should be composed of two packs minimum.
Nespresso offers its Products on this Website within the limits of its available stocks.
After placing an order of Products on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.
After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.
Please never provide your debit or credit card details on letters or faxes. You will be called back to finalise the order and proceed to the payment in a secure way.

2.4 Recurring Orders
‘Recurring orders’ allow you to reorder and pay for your Nespresso capsules and selected accessories automatically based on a chosen frequency.
The General Conditions of Sales automatically apply to any order placed through a recurring order. In the event of a conflict between the General Conditions of Sales and the conditions related to recurring orders, the conditions related to recurring orders will prevail.
Three (3) days before your recurring order will be shipped by us, you will receive a written notification from us to inform and remind you of the date of shipment, the details of your Product basket, the total price of your recurring order and whether any Product is out of stock.
You are entitled to cancel your recurring order subscription, cancel one or more recurring orders or modify the Products basket, the frequency or any customer detail at any time free of charge.
In the event that you cancel your recurring order subscription before or while your order is being shipped, you are entitled to refuse the delivery of the Products and, in the event that you received the Products to return the order in accordance with the present General Conditions of Sales.
If one of your Products included in your recurring order is out of stock at the moment of the “your order will ship soon” notification, we will notify you in this notification and will still ship your other recurring orders on your requested frequency, unless the order is cancelled by you.
Your recurring order subscription does not automatically take into account other promotional offers announced on or around the time of your recurring order processing. To benefit from such a promotion, it is recommended to place a separate order and modify your next shipment date for your recurring order subscription.

2.5 Order confirmation
Once you have submitted and confirmed your order(s), Nespresso will acknowledge receipt of the order(s) by setting out details of the ordered Products.
After confirming receipt of your order(s), Nespresso will check that the relevant Products are in stock. A contract for the sale of Products between you and Nespresso will only be formed when Nespresso confirms that all or part of the Products are still available and has sent the confirmation that the contract has been concluded.
The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.
To the extent permitted by law, Nespresso is entitled to refuse, cancel or terminate an order for any reasonable ground and at any time. For example, we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Products, we will refund you the full amount in respect of the relevant Products and any delivery costs charged as soon as possible. Nespresso may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders which Nespresso suspects are not placed in good faith.

2.6 Prices
The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of any applicable sales tax.
Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.
Nespresso reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Nespresso.

2.7 Payment
Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by invoice, credit card or debit card (PostFinance), or any other payment method that may be proposed by Nespresso. Payments must specify your client number and/or invoice number.
Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Nespresso does not receive the authorisation, Nespresso reserves the right to cancel your order.
In the event that your credit card or debit card (PostFinance) cannot be charged, Nespresso will place your order on hold and send you a notification that the payment could not be executed. No order will be shipped until payment is received or payment has been authorised or processed. Nespresso reserves the right to refuse any new order until full payment of any overdue balance. Invoices are sent after delivery of the Products and are fully payable within thirty (30) days. Recurring orders will be billed on the day of shipment.
In the event payment of an invoice is not made within thirty (30) days, Nespresso reserves the right to charge you administrative collection costs, as well as interest on the outstanding balance. The amount of the invoice as well as the interest and administrative collection costs can be transferred to an external collection agency. A fee of 30 CHF per additional reminder will be charged by the collection company in case of non-payment of the debt, and these fees can be a maximum of 4 times 30 CHF (total 120 CHF)

3.DELIVERIES

3.1 Delivery
All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order.
Nespresso and/or companies authorised by Nespresso may contact you by SMS, telephone and/or email with information regarding your order and delivery.
Nespresso does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within one (1) to three (3) working days after receipt of an order.
In order to deliver orders on time, Nespresso strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be effected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery, without being considered in default. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.

3.2 Default of payment and transfer of risk
Nespresso reserves the right to withdraw from the contract and demand the return of the Products in case you are in default to pay all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.
All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).

3.3 Product verification
At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.
In case you observe damage or missing items, you must notify and file claim with the carrier and notify our Customer Relationship Centre within seven (7) days after the delivery. Nespresso shall in such case provide you with identical replacement Products. If the parcel has not been delivered to you by the estimated delivery date communicated at the time of order placement, it is your responsibility to notify our customer service department within 14 days via telephone, email, Whatsapp or live chat. Should you fail to do so within this period, the order will be deemed to have been effectively delivered.

4. RETURNS AND AFTER-SALES

4.1 Cancellations
You have the right to return any Product that does not suit you within fourteen (14) days after receipt of the Products. Nespresso will only accept returns of Products that are in an undamaged and unused condition, in their original condition and packaging and accompanied by the invoice. You may call our Customer Relationship Centre and ask for a free return label.
You are liable for any diminished value of the Products resulting from the handling by you other than what is necessary to establish the nature, characteristics and functioning of the Products.
For health protection and hygiene reasons, you cannot exercise your withdrawal right for capsules of which the packaging has been opened.

4.2 Effects of withdrawal
When returns are properly completed, Nespresso shall reimburse the price of the returned Products and the invoiced delivery charges within a maximum of thirty (30) days upon receipt of the returned Products. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

4.3 Warranties
Machines purchased are guaranteed by the machine manufacturer pursuant to the warranty conditions listed in the original Product documentation. 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 the under applicable national legislation, including but not limited to your legal guarantee of conformity for Products of Articles 197 and subsequent of the Swiss Code of Obligations entitling any consumer:
-To act within two years from the date of delivery;
-To choose between repair and replacement of his good.

4.4 After-Sales Services
You are responsible for the standard maintenance and cleaning of the machine. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after-sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Nespresso shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact on 0800 55 52 53 (or +41 27 617 22 70 from outside of Switzerland) for advice and assistance.
If your machine problem cannot be resolved by telephone, Nespresso proposes a series of advantageous after-sales service options, such as a free pickup at home of your defective machine and the option to get a loan machine during the repair. Please contact our Customer Relationship Centre by telephone for detailed information.

5. LIABILITY

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.
Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, 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 known by Nespresso), capable of arising in connection with its Products, their use, sale or this Website. .
We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products for personal and private use and you agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6. FORCE MAJEURE

Nespresso will make every reasonable effort to fulfil its obligations. However, Nespresso cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control (“force majeure”). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes or any others that make impracticable or impossible the production, transportation or delivery of Products.
In the event of a delay caused by force majeure, Nespresso’s obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. 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.

7. LAW AND FORUM

The present General Conditions of Sale and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of Switzerland, without resort to its conflict of law provisions.
Any dispute or claim arising out of or in connection with General Conditions of Sale or your purchase of Products from Nespresso (including non-contractual disputes or claims) shall be subject to the jurisdiction of Switzerland.

Validity: 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.

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 Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook ("Websites").

Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.

E-mail, text and other electronic messages. Electronic communications between you and Nespresso.

Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”).

Nespresso Boutiques. Stores managed by Nespresso.

Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.

Points of Sales. Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.

Data from other sources. Third party social networks (such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis).

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.

Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We 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.

Telemetry Data. We may collect certain data captured by Nespresso coffee machines that are connected to Wi-Fi. Examples include the machine serial number, machine alerts or errors, and the type of coffees prepared by consumers, with the respective date and 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. 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.).

Our reasons

Fulfilling contractual obligations

Legal obligations

Our legitimate interests

Our legitimate interests

Improving and developing new products and services

Being more efficient

What We use your Personal Data for:

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.

Our reasons

With your consent (where required)

Fulfilling contractual obligations

Our legitimate interests

Our legitimate interests

Working out which of our products and services may interest you and telling you about them

Defining types of customers for new products or services

What We use your Personal Data for:

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.

Personalisation (offline and online). With your consent (where required), We use your Personal Data (i) to analyse your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalise your experience on our Websites and apps; (iv) to ensure that content from our Websites/apps is optimised for you and for your computer or device; (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.

Our reasons

With your consent (where required)

Our legitimate interests

Our legitimate interests

Working out which of our products and services may interest you and telling you about them

Defining types of customers for new products or services

What We use your Personal Data for:

Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.

Other general purposes (e.g. internal 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.

Our reasons

Fulfilling contractual obligations

With your consent (where required)

Legal obligations

Our legitimate interests

Our legitimate interests

Improving and developing new products and services

Being more efficient

Protect our assets and staff

What We use your Personal Data for:

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.

Our reasons

Legal obligations

Our legitimate interests

Our legitimate interests

Compliance with legal obligations

Protect our assets and staff

5. DISCLOSURE 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 your Personal Data with the following types of third party organisations:

Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, 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 have 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 authorised 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 unauthorised access. We follow reasonable standards to protect Personal Data. The transmission of information via the Internet is, unfortunately, not completely secure and although We will do our best to protect your Personal 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 country of residence, notably Switzerland and Luxembourg. We will also transfer your Personal Data to countries outside the European Economic Area (“EEA”) (e.g. other Nespresso/Nestlé entities or ad-hoc in-country partners) including to countries which have different data protection standards to those which apply in the EEA. We (i) have put in place European Commission approved standard contractual clauses to protect your Personal Data (and you have a right to ask Us for a copy of these clauses(by contacting Us as set out below) and/or (ii) will rely on your consent (where permitted by law).

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 contacting Us through the contact form available on www.Nespresso.com/ch, on Whatsapp +41762491111 or writing to Nestlé Nespresso S.A., Chaussée de la Guinguette 10, 1800 Vevey, 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 unauthorised 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. 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, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, you can opt out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.

Interest Based Advertising. We may partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet.  Some of those advertisements may be tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time.  You may visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you may opt out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store.  You may also stop the collection of precise location data from a mobile device by accessing your device location service settings.

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.

Interest Based Advertising. We partner with ad networks and other ad serving providers (“Advertising Providers”) that serve advertising on behalf of Us and other non-affiliated companies on the Internet. Some of those advertisements are tailored to your interests based on information collected on Nespresso sites or on non-affiliated websites over time. You can visit www.aboutads.info/choices to learn more about this type of advertising, as well as about how to opt-out of interest-based advertising practices from companies that participate in the Digital Advertising Alliance’s (“DAA”) self-regulatory program. Additionally, you can opt-out of this type of advertising in mobile applications from companies that participate in the DAA’s AppChoices app by downloading the app from the iOS or Android app store. You can also stop the collection of precise location data from a mobile device by accessing your device location service settings.

10. CHANGES TO OUR NOTICE

If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

11. DATA CONTROLLERS & CONTACT

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us through the contact form available on www.Nespresso.com/ch, on WhatsApp +41762491111, writing to Nestlé Nespresso S.A., Chaussée de la Guinguette 10, 1800 Vevey or calling our CRC on 0800 55 52 53 (free number from a fixed telephone line) or + 41 27 617 22 70 from outside of Switzerland.

You can also contact our Data Protection Officer via email at: dataprotectionoffice@nestle.com or post: Data Protection Committee, Chaussée de la Guinguette 10, 1800 Vevey.

We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

 

If you would like to return one or more items, please contact us at the free phone number 0800 55 52 53, on WhatsApp +41762491111, via Live Chat or by WhatsApp under +41 76 249 11 11.

1. Scope & application
1.1 Nestlé Nespresso S.A., Chaussée de la Guinguette 10, 1800 Vevey, 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 residing 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 the prize's return. 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 email, as provided with their entry, but shall have no responsibility for any failed communications or errors they are 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, email 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 by 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.

COOKIE NOTICE

1.1 These terms and conditions govern your agreement with Nestlé Nespresso S.A. for a Nespresso Subscription Plan. By choosing to purchase a Nespresso Subscription Plan, you accept these Supplementary Terms and Conditions, in particular the minimum duration of 12 months for a Vertuo machine subscription plan and 24 months for an Original machine subscription plan (the “Term”).

These terms and conditions apply in addition to the General Conditions of Sale and the Privacy Notice, which can both be accessed at www.Nespresso.com/ch. In the event that there is a conflict or inconsistency between these terms and conditions and the General Conditions of Sale, the terms and conditions of this document shall prevail in respect of the Nespresso Subscription Plan.

1.2 These terms and conditions may be modified and replaced by a new dated version on this website. You are invited to read these terms and conditions on a regular basis to be informed of any modifications. You will be subject to the terms and conditions in force at the time you order the Nespresso Subscription Plan, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

This version of the Supplementary Terms & Conditions – Nespresso Machine Subscription is effective as of 02.08.2021. The Subscription Plans contracted before this date are subject to the previous version of the Supplementary Terms & Conditions – Nespresso Machine Subscription (V.09.2020).

How does the Nespresso Subscription Plan work?

1.3 You can place your order for a Nespresso Subscription Plan:

- by internet: www.Nespresso.com/ch

- by telephone: at 0800 55 52 53 (toll-free number) or + 41 27 617 22 70 from outside of Switzerland

1.4 In order to purchase a Nespresso Subscription Plan, you must register as Nespresso customer in Switzerland. When you purchase a Nespresso Subscription Plan, you agree to pay the monthly fee for the duration of your Nespresso Subscription Plan. In return for the monthly fee, you will receive Nespresso credit (as described in section 1.9 below), which you can use to select Nespresso capsules or accessories. You can also choose to accumulate your credit for the purchase of any other Nespresso products (including another Nespresso machine).

1.5 Provided you pass the security and credit checks, the Nespresso machine that goes with your Nespresso Subscription Plan will be sent to you upon receipt of your first monthly fee in cleared funds (for further payment information see section 2.7 of the General Conditions of Sale, which can be accessed at www.Nespresso.com/ch.) You may not upgrade or change your selected machine during the selected subscription term.

How much does it cost?

1.6 Your Nespresso Subscription Plan has a fixed cost, which will be charged to you through a monthly fee. The monthly fee is a fixed fee, which varies depending on the Subscription Plan you select. There is an additional Fr. 1.- nominal charge for the Nespresso machine.

1.7 The first monthly fee, plus Fr. 1.- for the Nespresso machine, will be payable when you sign up to the Nespresso Subscription Plan. The monthly fee as well as all orders which amount exceed available credit may exclusively be paid by credit card (MasterCard or Visa for further payment information see section 2.7 of the General Conditions of Sale, which can be accessed at www.Nespresso.com/ch). The subsequent monthly fees will be payable every month on the same day of the month (+/- 2 days) on which you originally took out your subscription.

Personal Data and Security checks

1.8 To ensure that your credit card is not being used without your consent, we reserve the right to validate the name, address and other personal information supplied by you during the order process against appropriate third-party databases. We also reserve the right to perform a credit check and in performing these checks personal data provided by you may be disclosed to a registered credit-reporting agency (please refer to the Nespresso Privacy Notice on our website in order to understand our policies and practices regarding your personal data and how we treat it). By subscribing to the Nespresso Subscription Plan, you expressly consent to such use of your personal data.

Monthly Nespresso Credit

1.9 Each month you will receive a fixed amount of Nespresso credit for you to make your own selection of capsules and other products available from the Nespresso, online, by phone or in any one our Nespresso boutiques in Switzerland. The amount of Nespresso credit you receive is equal to the monthly fee for the Subscription Plan you select – so per example if your monthly fee is Fr. 25.-, you will receive the full Fr. 25.- to spend on Nespresso capsules or products.

The Nespresso credit will be added to your existing Nespresso account that is linked to your membership each month within 4 days of receipt of the monthly fee in cleared funds.

Make sure that you regularly select what products you would like to purchase using your Nespresso credit, as your Nespresso credit will expire 2 years after the end of your Nespresso Subscription Plan. Any unused Nespresso credit remaining at the end of that 2-year term will be lost and will not be refunded. You can check your current balance of Nespresso credit at any time by logging into your account on www.Nespresso.com/ch.

-Nespresso credit is non-refundable and non-transferable, and may neither be exchanged for a cash equivalent, nor used for the cancellation fee (as set out in section 1.13 below).

-Your Nespresso credit is valid only for the Nespresso in Switzerland and cannot be used in any other country.

-Each order placed with Nespresso or any of its affiliated companies using your Nespresso credit shall be governed by the General Conditions of Sales, which can be accessed at www.Nespresso.com/ch.

Cooling-Off Period (14 Days)

1.10 You have the right to change your mind and cancel your Nespresso Subscription Plan, without giving any reason, within 14 days of the day you receive (or a person nominated by you, if any, receives) the Nespresso machine (the “Cooling-Off Period”).

To exercise your right to cancel your Nespresso Subscription Plan, you must inform us of your decision by a clear statement during the Cooling-Off Period. You may call us at 0800 55 52 53 (toll-free) (or +41 27 617 22 70 from outside of Switzerland).

If you cancel the contract during the Cooling-Off Period, you must - at your own cost - send back or return the Nespressomachine and any capsules, accessories or other Nespresso products that you have purchased using your Nespresso credit, or that were in transit at the time you notified us that you were exercising your right to cancel. To do so, you can either call us at 0800 55 52 53 (or +41 27 617 22 70 from outside Switzerland) to arrange for collection or visit any one of our boutiques in Switzerland. You must return the Nespresso machine, accessories and/or other Nespresso products purchased with the Nespresso credit in clean and functioning condition in its original packaging and, for the capsule sleeves, unopened. If you do not, we may deduct from the refund the diminished value of the Nespresso machine, capsules, accessories and/or other Nespresso products. We may withhold repayment until we have received all relevant Nespresso products back from you.

Upon receipt of the Nespresso machine, we will refund to you all payments received from you in relation to the Nespresso Subscription Plan, including delivery charges, using the same method of payment as you used to pay us. You will not incur any fees as a result of the repayment.

How long does the Nespresso Subscription Plan last?

1.11 The initial Term for a Nespresso Subscription Plan is respectively:

-12 months for a Vertuo machine subscription. The monthly fee is payable in 12 equal monthly payments.

-24 months for an Original machine subscription. The monthly fee is payable in 24 equal monthly payments.

The Term begins on the date on which your monthly fee is received in cleared funds.

1.12 After the initial Term, your Nespresso Subscription Plan will be automatically renewed for an undetermined period until you decide to cancel it as set out in section 1.15 below.

Cancelling your subscription

1.13 Cancelling during the Term: if you wish to cancel your subscription before the end of the Term, you may do so by calling us at 0800 55 52 53 (or +41 27 617 22 70 from outside Switzerland) or by visiting a Nespresso boutique.

You may keep the Nespresso machine, but if you cancel before the Term of the subscription, you will have to pay a Cancellation fee equal to 5x the amount of the monthly fees corresponding to your selected Nespresso Subscription Plan. You will not be entitled to a refund for any monthly fees already paid at the date of cancellation. However, you will still be able to use your Nespresso credit upon payment of the cancellation fee within the normal term as set out under Article 1.8 of these Supplementary Terms and Conditions.

1.14 If you fail to pay the monthly fee when due, Nespresso will freeze access to your Nespresso account and Nespresso credit until such payment is made. If payment is still outstanding 60 days after the monthly fee was due, Nespresso reserves the right to treat this as your giving notice of termination, and you may forfeit your Nespresso credit. You will have to pay the appropriate cancellation fee as set out in section 1.13 above if the termination takes effect before the end of the initial Term.

Expiry

1.15 After the initial Term, the monthly fee will continue to be payable and you will continue to receive the amount of Nespresso credit equal to the monthly fee unless otherwise specified. You may cancel your Nespresso Subscription Plan at any moment with a one-months’ notice by calling us at 0800 55 52 53 (or +41 27 617 22 70 from outside Switzerland) or using any other clear communication method. No cancellation fee is due after the initial Term.

1.16 Once you cancel the Nespresso Subscription Plan after the Term, the Nespresso machine is yours to keep. You will still be able to spend any Nespresso credit you may still have on your Nespresso account, online, by phone or in one our Nespresso boutiques in Switzerland. Nespresso credit expires 2 years after the end of your Nespresso Subscription Plan in accordance with these Supplementary Terms and Conditions.

Who can subscribe?

1.17 Customers must be at least 18 years old and resident in Switzerland. Nespresso Subscription Plans are limited to one plan per household or office.

These terms and conditions govern your agreement with Nestlé Nespresso S.A. for a Nespresso coffee subscription plan (coffee subscription). By choosing to purchase a coffee subscription, you accept these terms and conditions. These supplementary terms apply in addition to the General Conditions of Sale, which can be accessed at www.Nespresso.com/ch/legal. In the event that there is any conflict or inconsistency between these Supplementary Terms and Conditions and the General Conditions of Sale, the terms and conditions of this document shall prevail in respect of the coffee subscription.

These terms and conditions may be modified from time to time by posting a new dated version on this website. You are invited to read these terms and conditions on a regular basis to be informed of these modifications.

In order to sign up for the coffee subscription, you must register as a Nespresso customer by creating a Nespresso customer account.

How much is it?

Your coffee subscription has a fixed cost (“monthly fee”). The monthly fee varies depending on the subscription plan you select: Fr. 15.-, Fr. 30.-, Fr. 45.- or Fr. 60.- per month. The monthly fee is credited on your Nespresso customer account and you can use it to buy Nespresso capsules, accessories or coffee machines whenever you want.

This credited amount may be used for purchased on www.Nespresso.com, placed by phone via 0800 55 52 53, or in Nespresso boutiques.

The first monthly fee has to be paid when you sign up to the coffee subscription. The subsequent monthly fees will be payable every month on the same day of the month (+/- 2 days) on which you originally took out your subscription, and only by credit card. Your Nespresso account will be credited within 4 days of your payment.

Once you have subscribed to the coffee subscription, Nespresso will acknowledge receipt of your subscription by email.

What are the benefits of the coffee subscription?

As a subscriber, you will benefit of an extra amount of 10% of your monthly fee. This amount is granted each month, subject to the payment of the monthly fee and as long as your subscription is active. For example: if your monthly fee is Fr. 30.-, your Nespresso customer account will be credited each month with Fr. 33.- credit.

Nespresso reserves the right to modify or cancel the coffee subscription benefit (10%) at any time without reason. In this case, subscribers to the Nespresso coffee subscription plan would be informed accordingly.

Your Nespresso credit

Make sure that you regularly select what goods you would like to purchase using your Nespressocredit, as your Nespresso credit will expire two years after the end of the coffee subscription. Any unused Nespresso credit remaining at the date of expiry will be lost, and you will not receive a refund. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com/ch.

Nespresso credit is non-refundable and non-transferable and may not be exchanged for a cash equivalent. .

Cooling Off Period

You have the right to change your mind and cancel your coffee subscription, without giving any reason, within 14 days of the day your subscription (or that of a person nominated by you) being activated (the “cooling off period”).

• To exercise this right, you must inform us of your decision by a clear statement during the cooling off period. You can contact our customer service agents at 0800 55 52 53.
• If you cancel the contract during the cooling off period, we will repay to you all payments received from you. There will be no refunds for capsules purchased using your credit during this period.
• We will repay you using the same method of payment as you used to pay us. You will not incur any fees as a result of the repayment.

Modifying / Terminating your coffee subscription

If you wish to modify or terminate your coffee subscription, you may do so by accessing the section My account/My subscriptions on www.Nespresso.com/ch, by contacting our customer service agents at 0800 55 52 53 or by visiting a Nespresso boutique.

In case of termination, any remaining Nespresso credit will still be available for you to spend and will not expire until two years after notification of cancellation. The remaining Nespresso credit is non-refundable and non-transferable. .

Security Checks

To ensure that your credit card is not being used without your consent, we reserve the right to validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. We also reserve the right to perform a credit check. By accepting these supplementary terms and conditions you consent to such checks being made. In performing these checks, personal data provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.

Failed Payments

If you fail to pay the monthly fee when due, Nespresso’s automated system will reattempt again until successful for three consecutive days. Any outstanding balance will be carried forward such that the next payment will be for the previous and current months. Nestlé Nespresso S.A. will freeze access to your Nespresso account after two failed monthly payments until such payment is made. Your subscription will hence be terminated. See section “Modifying / Terminating your coffee subscription” for what happens to your credit after termination.

Who Can Subscribe?

Customers must be at least 18 years old and reside in Switzerland or Liechtenstein. There is a limit of one Nespresso coffee subscription plan per Nespresso customer.

Address:
Nestlé Nespresso S.A.(Nestlé Nespresso Ltd)
Chaussée de la Guinguette 10, 1800 Vevey
Switzerland

Phone number:
0800 55 52 53
+41 27 617 22 70 (from abroad)

Email:
internet-email@Nespresso.com

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