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.
11/2015
© 2003 Nestlé Nespresso S.A. All rights reserved.

1.By applying to be a member in the Club, you consent for Nespresso Malaysia, Division of Nestlé Products Sdn. Bhd. and any service providers, agents and contractors who provide administrative and business support to us and act on our behalf (“Authorised Third Parties”) (collectively “Nespresso” “us”, “we” or “our”) to process your personal information provided in the online application form for the membership application of the Club. This includes without limitation to disclose your name to the general public when you participate in our events by publishing your name, photographs and other personal information without compensation for advertising and publicity purposes.

2.We may also use your personal information for purposes of sending to you marketing and promotional information or materials about our products and/or services and any promotions, events, contests organised by us.

3.In the event that you agree to share and disclose personal information of a person whom you intend to refer to us, you acknowledge that you have obtained the consent of that person to share and disclose his/her personal information to us and to being contacted by us.

4.In respect of minors or individuals not legally competent to give consent, you confirm that they have appointed you to act for them and to consent on their behalf to the processing of their personal information in accordance with this privacy policy.

5.At times we may retain Authorised Third Parties to process your personal information. All such Authorised Third Parties are contractually bound to take reasonable measures to keep information secure and not to use your personal information in any way other than that which is specified here and in our Privacy Notice.

6.We are a global company and your personal information may be transferred across borders. We will ensure that the country your data is transferred to has similar or equivalent personal information protection laws in place, as set out in our Privacy Notice.

7.To the extent that the applicable law allows, you have the right to request for access to, request for a copy of, request to update or correct, your personal information held by us.

All your written requests or queries should be addressed to:

Address: Nestlé Products Sdn. Bhd. Level 22, 1 Powerhouse, No 1, Persiaran Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan.

Or

Web Form :

https://www.nespresso.com/pro/my/en/professional-contactus

Or

Call us : 1-800-80-6507

8.Please note we require your personal information in order to process your membership application for the Club, without which we will not be able to process your application. If at any time you wish to withdraw (in full or in part) of your consent given previously to us, please contact us at the contact details provided above.

9.For a more detailed description of our privacy practices, please refer to our Privacy Notice. We reserve the right to update and amend this privacy policy or our Privacy Notice from time to time.

GENERAL CONDITIONS OF SALES

Applicable version with effect from [9th January 2017]

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 Products Sdn. Bhd. (197901000966), [referred to as “Nespresso” or "we", "us" or "our" ] and having its registered office at Level 22, 1 Powerhouse, No 1, Persiaran Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan, GST Registration number 000133435392, 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. They shall apply to the exclusion of all other conditions which are not agreed in writing by Nespresso. By placing an order, you acknowledge that you have read, understood and accepted without reserve, the present General Conditions of Sales and the Privacy Notice. By using the Website you also accept and agree to be bound by our Terms of Use.

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.

You have the possibility to save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records. By placing an order with Nespresso you warrant and represent that you are legally capable of entering into binding agreements, and you are aged 18 years or over.

1.1 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 valid and up-to-date.

Please inform us 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.

1.2Password and confidentiality

After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. 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 have been stolen or misused, or in case of any other security issue, please notify Nespresso immediately by calling the Customer Relationship Centre on Toll-free line 1800 80 6507.

You are also invited to take the following precautions:

- When you have completed your visit of the Website, always use the Logout button on the top to effectively close the session.

- Your account username, password and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.

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).

1.3 Order process

- You can place your orders via Toll-free hotline, email, letter, internet and Mobile apps]:

- By telephone: [Toll-free line 1800 80 7001] or Business Solution: [Toll-free line 1800 80 6507]

- by email: [https://www.nespresso.com/my/en/contactus] or

Business Solution [https://www.nespresso.com/pro/my/en/professional-contactus]

- by letter: to [Nestle Products Sdn. Bhd (Nespresso Malaysia) Level 22, 1 Powerhouse, No 1, Persiaran Bandar Utama, Bandar Utama, 47800 Petaling Jaya, Selangor Darul Ehsan.]

- by fax: [1800 80 7077]

- by internet: [www.nespresso.com] or Business Solution [www.nespresso.com/pro]

- from your mobile phone via the Nespresso application or on mobile.nespresso.com

- Orders you place with Nespresso are subject to minimum and maximum quantity limitations set by Nespresso. Nespresso offers its products on this website within the limits of its available stocks.

An order of Nespresso Product(s) through the Website is placed by clicking on “Add to Basket” button and proceeding to the checkout page.

Please note that the minimum quantity of coffee capsules for orders placed through our Website is [50] capsules.

After placing an order of Product(s) 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 by us to finalise the order and proceed to the payment in a secure way.

1.4 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 Product(s). This acknowledgement does not confirm our acceptance of your offer to purchase the ordered Product(s).

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 Product(s), we will refund you the full amount in respect of the relevant Product(s) 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.

Nespresso reserves the right to terminate our agreement with you if Nespresso is refused authority for payment or reasonably believe that payment will be refused at any stage or if you breach any of these conditions or applicable laws.

1.5 Prices

The prices payable for the items you order are those displayed on this Website on the date you place your order, inclusive of GST and exclusive of delivery charges where applicable. Any order of a Nespresso machine and/or a minimum of 100 capsules get to enjoy free delivery while for Business Solution, any order on a minimum of 300 capsules can get a free delivery. Delivery charges will be billed at the rates indicated on this website.

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.

1.6 Payment

Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by credit card or cash on delivery only applicable to Kuala Lumpur, Petaling Jaya, Shah Alam, Klang, Kajang, Cheras, Seri Kembangan, Serdang, Bandar Baru Bangi, Sungai Buloh, Puchong, Subang Jaya, Rawang, Putrajaya, Cyberjaya, Ampang, Batu Caves). Payment by credit card is immediately due and payable at the time you place your order.

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.

No order will be shipped until payment is received or payment has been authorised or processed.

The data registered by our payment system constitutes full proof of the financial transactions

2. DELIVERIES

2.1 Delivery

All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order. Deliveries are only within Malaysia.

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 three (3) working days. In case the delivery has not occurred within the above indicated term, you shall either make contact with Nespresso to agree on an additional delay to deliver the Products, or cancel your order by notifying Nespresso.

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 affected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.

2.2 Transfer of property and risk

The delivered Nespresso Products shall remain our property until you have paid 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).

2.3 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 our Customer Relationship Centre within a reasonable period after you discovered the damage or missing item and not later than two months. Nespresso shall in such case provide you with identical replacement Products.

3. RETURNS AND AFTER SALES

3.1 Return Policy

We will, at our discretion, accept returns or exchange of goods (excluding coffee & other consumables) within 7 days from goods receipt only if: (1) the product is damaged before receipt of the same by you, or (2) there is a discrepancy between ordering and delivery, and provided always that (i) such product is still in its original package, and (ii) is accompanied by the relevant original invoice issued within the same country. No refund or exchange will be given for consumables (e.g. coffee and sugar).

Nespresso will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.

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.

3.2 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 statutory legal rights.

Except for the manufacturer’s warranty referred to in this clause, all other warranties, express or implied are excluded to the fullest extent permitted under applicable laws.

3.3 After-Sales Services

You are responsible for the standard maintenance and cleaning of any machine you purchase from us. 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 our Customer Relationship Centre at 1800 80 7001 for advice and assistance.

If your requirements are complex, Nespresso may collect your machine at a pre-arranged time, organise the loan of a machine and bring back your machine when repaired at the chosen address.

4. 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 Sales and to the extent permitted by applicable law, Nespresso's liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Products in respect of which damages are claimed. Nespresso is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us Product.

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; or (iii) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

5. 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.

If we cannot perform our obligations due to such an event, you may cancel your contract. To cancel, please contact us. You will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including delivery charges.

6. PRIVACY

6.1 Any personal information or material sent to the Website or submitted to Nespresso is subject to its Privacy Policy located on [www.nespresso.com/my/en/pages/legal]. You expressly agree that, in connection with our provision of goods or services to you, your personal information may be transferred across international borders to third party service providers and/or financial institutions, and to countries with different levels of data protection laws to the country from where you submitted your personal information.

6.2 You expressly agree Nespresso and its affiliated companies and business units may collect, use and disclose your personal data for the following purposes: to provide you with products and services; consumer research; to verify if you qualify for our membership, promotion or contest which you may participate in from time to time; and to provide you with benefits of our membership, promotion or contest which you may participate in from time to time. Nespresso may share your personal data between themselves for administrative purposes, and with third parties supporting our administrative and business functions. In some cases, this may involve the storage, use, disclosure or other processing, or transfer of your personal data out of Malaysia. Third parties receiving your personal data will be bound by requirements under the Personal Data Protection Act 2012 to protect your personal data. Where you have given us your consent, Nespresso may also contact you by telephone calls and phone messaging for product updates, sales and promotions which we believe will be of interest to you. If you wish to withdraw consent to any specific use of your personal data, you may do so by contacting Nespresso Club at 1800 80 6507.

7. LAW AND FORUM

The present General Conditions of Sales (and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of Malaysia .

Any dispute or claim arising out of or in connection with the General Conditions of Sales or your purchase of Products from Nespresso (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Malaysia .