LEGAL NOTICES

NESTLÉ POLSKA S.A. Nespresso BRANCH IN WARSAW GENERAL TERMS OF SALE

1. General Terms of Sale

1.1 Unless otherwise agreed in writing, these General Terms of Sale (hereinafter referred to as “GTS”) exclusively apply to purchase orders for Nespresso coffee or other foods and Nespresso coffee machines or accessories (hereinafter referred to as “Products”) placed at Nestlé Polska S.A., seated in Warsaw at ul. Domaniewska 32, 02-672 Warszawa,

NESTLÉ POLSKA S.A. Nespresso BRANCH IN WARSAW GENERAL TERMS OF SALE

1. General Terms of Sale

1.1 Unless otherwise agreed in writing, these General Terms of Sale (hereinafter referred to as “GTS”) exclusively apply to purchase orders for Nespresso coffee or other foods and Nespresso coffee machines or accessories (hereinafter referred to as “Products”) placed at Nestlé Polska S.A., seated in Warsaw at ul. Domaniewska 32, 02-672 Warszawa, registered with the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000025166, fully paid-up share capital of 42.459.600 zł, NIP (Tax ID) 527-020-39-68, BDO 000016180 (Nespresso BRANCH IN WARSAW, ul. Domaniewska 32, 02-672 Warszawa) (hereinafter referred to as “Nespresso”). Nestlé Polska S.A. confirms that is considered as a big enterprise in the meaning of the Act of 8 March 2018 on suppression of undue delays in trade transactions (Dz.U. of 2020, item 935, with later amendments).
1.2 General terms of sale/delivery/purchase/etc. followed by customers which differ from GTS, and especially general terms in conflict with GTS, will be not be respected by Nespresso. Nespresso will not enter into agreements under general terms of sale/delivery/purchase/etc. different from or in conflict with GTS.
1.3 GTS are available at /pro/pl/en/home and /pl/en as well as at the head office of Nespresso; it is also possible to receive them to a specified email address or as a hard copy to a specified address of residence. Before visiting the above websites and particularly prior to placing a purchase order, carefully read GTS.
1.4 NESPRESSO reserves the right to change the present GTS in the following cases: (i) change of legal provisions, change of jurisprudence, change of approach of public administrative bodies as far as they concern GTS, (ii) a substantial change in market practices as far as it concerns GTS, (iii) removing potential interpretative ambiguities of GTS; (iv) the need to prevent violations of GTS; (v) substantiated changes in business circumstances which objectively prevent or significantly impede the implementation of GTS under hitherto conditions. The change of GTS shall be made by publishing the new version on the websites defined in item 1.3. above. When placing online purchase orders, you will be asked to confirm your acknowledgement and acceptance of the binding version of GTS.

2. Personal data
2.1 The joint controllers of personal data collected via the websites referred to in item 1.3 are: Nestlé Polska S.A. seated in Warsaw (ul. Domaniewska 32, 02-672 Warszawa) and Nestlé Nespresso S.A. seated in Chaussée de la Guinguette 10, 1800 Vevey, Switzerland. The aforementioned companies are the joint controllers also in relation to those personal data which will be collected from users of the websites referred to in item 1.3 during their interaction with any of the joint controllers.
2.2 Any requests, questions or motions regarding personal data processed by the joint controllers or related data subjects’ rights should be addressed in writing to: Nestlé Polska S.A., ul. Domaniewska 32, 02-672 Warszawa or via e-mail: data.privacy@pl.nestle.com.
2.3 Contact details of the data protection officer: DataProtectionOffice@nestle.com.
2.4 Information on: (i) purposes and legal basis for processing of personal data collected by the joint controllers, (ii) data subjects’ rights, (iii) categories of data recipients, (iv) data retention periods and (v) terms which apply in case of transfer of personal data outside the European Economic Area are available in the Nespresso Privacy Notice.
2.5 With the reservation of item 2.6, provision of data to the joint controllers is voluntary, however without provision of data would not be possible creation of customer account on the websites referred to in item 1.3, contacting the joint controllers, use of products or services of the joint controllers, and in particular purchase of products on the websites referred to in item 1.3.
2.6 In case where personal data are collected by the joint controllers in order to fulfill their legal obligation (e.g. to issue an invoice), provision of data necessary to fulfill such obligation is mandatory and stems from provisions of law determining legal obligations of the joint controllers.

3. Purchase orders
3.1 Purchase orders for Products may be placed as follows:
 a) for the range of Products addressed to entrepreneurs available at /pro/pl/en/home (hereinafter referred to as “B2B Products” and “B2B Website” respectively):
  • by toll-free phone: 0800 41 42 43;
  • on the Internet via B2B Website;
  • by post to the following address: Nestlé Polska S.A. Oddział Nespresso w Warszawie, ul. Domaniewska 32, 02-672 Warszawa;
 b) for the range of Products addressed to consumers available at /pl/en (hereinafter referred to as “B2C Products” and “B2C Website” respectively):
  • by toll-free phone: 800 51 52 53;
  • on the Internet via B2C Website, including via mobile apps, if available;
  • by post to the following address: Nestle Polska S.A. Oddział Nespresso w Warszawie, ul. Domaniewska 32, 02-672 Warszawa;
  • at Nespresso Boutiques in Poland.
3.1.a) You have the option of launching the standing order (EASY ORDER) option on your account referred to in the point below, which consists in determining in advance:
   (i) which NESPRESSO coffee capsules, other food products and accessories (excluding coffee machines) from among B2C Products and in what quantity you wants to order;
   (ii) the frequency (from among the available frequency options) with which you wish to receive the ordered Products;
   (iii) the place of delivery to which Products are to be delivered;
   (iv) the way (from among the available payment options) how you want to pay for the ordered Products without the need to separately place repeated orders for the same Products and in the same quantity.
3.1.b) Subject to point 3.1.d), by placing such a standing order, you confirm the order with the obligation to pay for each delivery of the Products covered by the standing order, which, however, takes place only when NESPRESSO starts the execution of this order in a given cycle selected by you (example: you order a cyclical delivery of 60 selected NESPRESSO coffee capsules with the date of shipment by NESPRESSO on the 15th day of each calendar month, via courier, with the option of card payment - payment for the order takes place when NESPRESSO starts the execution of a single cyclic order). If the selected day of shipment is not a business day, shipment will take place on the next business day, and delivery to the customer will take place within the next two business days.
3.1.c) After having activated the EASY ORDER option, you do not bear the delivery costs provided that one delivery amounts to at least 50 NESPRESSO coffee capsules;
3.1.d) A standing order is a contract for an indefinite period. You may at any time, without incurring negative consequences, cancel or change your standing order (as regards deliveries that are yet to be made), both in terms of the quantity and type of Products ordered, the frequency of their shipment by NESPRESSO, the place of delivery, and payment options (depending on currently available options). NESPRESSO may terminate the above-mentioned the contract with a 14-day notice period, by sending you a statement on termination of the contract for the above-mentioned by notice, by e-mail to your e-mail address or your stationary address indicated in your customer account. Moreover, Nespresso has the right to change the prices of Products covered by a standing order, informing customers at least 14 days in advance before the new prices enter into force. In case you do not accept the new prices of the Products covered by the standing order, you will be entitled to cancel or amend your standing order (as regards deliveries which are yet to be made). In each case, the cancellation or change of a standing order by you should take place by changing your settings on your customer account or by contacting the Customer Service Center at the toll-free number (800 51 52 53). In the event of a cancellation / change of a standing order due to a change in prices, such cancellation / change should take place within 14 days from the date of receipt by you of information from Nespresso about the change in prices. If you do not cancel your standing order before the above-mentioned deadline, the standing order will be executed taking into account the new prices, starting from the date of shipment falling after the expiry of the above period of 14 days, retaining your right to cancel or amend the standing order as regards deliveries yet to be made.
3.1.e) The right to withdraw from the contract referred to in point 8 applies to the sale of Products that are the subject of each single delivery under a standing order

3.2 In order to order Products online, you need to register with B2B Website or B2C Website (or with both of them) (set up a personal account), providing true, accurate, and complete information required to register with any of those Websites (set up an account), i.a. name and last name or business name, email address, business address, delivery address, and phone number indicated in the registration process. In the event of a change in the data provided in the registration process, inform Nespresso about it or update your account yourself at the Website. When registering with the Website, you will be asked to enter your login and password which you have to keep confidential; do not disclose them to third parties. Once you register with the Website, you will receive your unique customer number which you should also keep in confidentiality. Should you fail to keep your information confidential, you will be responsible for unauthorised use of your password and/or account by third parties as well as for purchase orders placed by others using your password, even if they have been placed without your knowledge about that. Should you suspect that someone is using your password and/or account, immediately notify Nespresso of that. You may also change your password by yourself and check your last purchase orders on your account. Should Nespresso suspect that someone is fraudulently using your password and/or account, Nespresso shall be entitled to suspend the account and the processing of any purchase orders placed with the use of your password and/or account, at the same time contacting the account holder in order to clarify the situation.
3.3 Information about Products provided on the B2B and the B2C Websites is an invitation for Nespresso to enter into a sale and purchase agreement within the meaning of Art. 71 of the Polish Civil Code. By placing a purchase order in one of the ways referred to in item 3.1, you make an offer to purchase Products under GTS.
3.4 A purchase order placed is not a binding sale and purchase agreement until Nespresso confirms that the order has been accepted for processing. If you place a purchase order via one of the Websites, Nespresso shall confirm that it received it via email to an email address you indicated as per item 3.2. Subsequently, Nespresso checks the availability of Products you ordered and if they are available, Nespresso assigns a number to your purchase order and begins to process it (i.e. readies the Products ordered for shipment). Information about the availability of Products ordered and about them being readied for shipment is available on your account. An agreement is entered into when Nespresso begins to process your purchase order and to the extent in which your purchase order is processed confirmed by the relevant information on your account. For purchase orders placed by phone or at a Nespresso Boutique in Poland, an agreement is entered into when Nespresso accepts your purchase order - Nespresso accepts the entire purchase order or a part of it, or rejects the purchase order immediately upon receiving it. In other cases, it is assumed that the purchase order has been accepted if Nespresso does not reject it in 2 business days of its receipt. The foregoing does not apply to a situation where the limits referred to in item 3.5 have been exceeded or to the situations described in item 3.6 below because then an agreement is entered into only upon Nespresso’s explicit acceptance of a purchase order.
3.5 Nespresso processes purchase orders for Products as per their current availability and within the following limits for the B2C Products: 1500 Nespresso capsules per month. As part of NESPRESSO's continued commitment to positively impact our planet, NESPRESSO has decided to reduce the amount of materials used to package NESPRESSO coffee capsules delivered to customers and thus reduce the amount of waste generated. For this reason, NESPRESSO has introduced a minimum order for NESPRESSO coffee capsules from B2C Products (ORIGINAL LINE and VERTUO LINE) at the level of 50 NESPRESSO coffee capsules (minimum 5 sleeves of NESPRESSO coffee capsules - each sleeve contains 10 NESPRESSO coffee capsules). The described minimum applies to every order including NESPRESSO coffee capsules from B2C Products (ORIGINAL LINE and VERTUO LINE), regardless of whether the order also includes other products, due to the fact that NESPRESSO coffee capsules always require additional security in the package during transport.
3.6 To the extent permitted by law, Nespresso reserves the right to reject a purchase order, due to the following important reasons: (i) Products ordered are unavailable; (ii) the customer delays paying outstanding invoices for at least one day (applies only to invoices with a deferred payment date); (iii) the customer has exceeded his or her credit limit (however, in such a case, the customer may pay in cash or using a card); (iv) bankruptcy or a risk of insolvency of the customer; (v) the limits indicated in item 3.5 have been exceeded; (vi) a payment institution refuses to authorise the payment; (vii) a reasonable suspicion that the purchase order has been placed in bad faith.. In the event of any of the aforementioned situations, Nespresso shall contact you by phone or email to agree on purchase order processing terms. A purchase order will be rejected, if at all, prior to the purchase order processing time indicated in item 4.1 below. If you paid for Products ordered already upon placing your purchase order and then Nespresso decided to reject it, you will be refunded the price you paid and other expenses you incurred in full as soon as possible (but not later than within 14 days), and if Nespresso rejected only a part of your purchase order – you will be refunded proportionally.

4. Delivery of Products
4.1 Subject to the second sentence of item 7.4, Nespresso will make best efforts to process a purchase order accepted for processing in two business days of its receipt.
4.2 If you want your purchase order to be shipped at a later date than specified in item 4.1, indicate it on your purchase order.
4.3 Depending on your choice, Products you ordered will be delivered by a courier of Nespresso’s choice to an address in Poland you specified in your purchase order, to an INPOST parcel locker in Poland of your choice from where you can collect it by yourself (the latter delivery option applies only to purchase orders prepaid using a payment card or via online wire transfer, moreover the option of delivery to INPOST parcel lockers is not available in case of orders activating NESPRESSO Coffee Plan with Coffee Machine) or to one of the NESPRESSO Boutiques in Poland. In case the B2C Products ordered remotely are to be delivered to one of the NESPRESSO Boutiques in Poland indicated by you for collection in this Boutique and will not be collected by you within 48h counted on business days as of the first business day after the day on which the order was placed – such order shall be cancelled and Nespresso will inform you about it by phone or email. In case B2C Products ordered remotely are to be collected by you from one of the Nespresso Boutiques in Poland, there is no possibility to change such order during its collection in the boutique (only withdrawal when possible on the basis of GTS and placing a new order).
4.4 Nespresso shall be held liable neither for provision of incorrect or inaccurate data about the place of delivery on your purchase order nor for consequences of that.
4.5 Nespresso or entities authorised by Nespresso may contact you by phone, SMS or email to inform you of anything related to your purchase order, including of its shipment.

5. Inspection of Products
5.1 You should inspect the condition of the Products received in terms of quantity and quality (visible damage) upon delivery by a courier; specify any shortages of or visible damage to the Products ordered on a delivery document, which should be confirmed on that document by the courier who delivered your purchase order, and file a relevant complaint with Nespresso in 7 days of delivery. Lack of information about shortages of or visible damage to Products ordered specified on a delivery document confirmed by a courier who delivered them does not affect the consumer’s warranty or guarantee rights. The provision of the aforementioned sentence shall also apply to a natural person concluding a contract directly related to his business activity, if the content of this contract shows that he is not of a professional nature for this person (applies to contracts concluded not earlier than 01/01/2021). For deliveries to INPOST parcel lockers, you should inspect the conditions of the Products as soon as possible after collection of the parcel from INPOST parcel locker and file a complaint to Nespresso within 7 days as od collection of the parcel from the parcel locker

6. Prices, delivery costs, and purchase documents
6.1 Products are delivered at prices applicable at the purchase order date, as per the applicable price list of Nespresso available at B2B Website or B2C Website; the prices of Products from the B2B Products specified at B2B Website are net prices to be increased by VAT at the applicable rate, whereas the prices of Products from the B2C Products specified at B2C Website are gross prices.
6.2 The price to be paid is a product of quantities and type of Products ordered and applicable unit prices of individual Products. The exact price to be paid and the delivery costs are notified before placing a purchase order and in each case they are confirmed on a proof of purchase enclosed with your purchase order.
6.3 Prices of Products will always be increased by gross delivery costs.
6.4 Delivery costs of the ordered Products depend on the way you place your purchase order, type and quantities of the purchase order, and delivery option you select:
  a) purchase orders placed online:
   • delivery costs are borne by Nespresso in the case of purchase: (i) orders for 100 and more Nespresso capsules or a Nespresso coffee machine from the B2B Products; (ii) orders for 150 and more Nespresso capsules or a Nespresso coffee machine from the B2C Products; (iii) orders with any products from the B2C Products if order value is at least 290 zł (iv) orders with personal collection at one of the NESPRESSO Boutiques in Poland indicated by the customer;
   • for other purchase orders delivery costs are borne by the customer as follows:
    (i) 12 zł gross for the Products from B2C Products and shipment to an INPOST parcel locker;
    (ii) 15 zł gross for the Products from B2C Products and shipment via courier;
    (iii) 20 zł gross for the Products from the B2B Products.
 b) purchase orders placed by phone or post (including e-mail):
   • delivery costs are borne by Nespresso in the case of purchase: (i) orders for 300 and more Nespresso capsules or a Nespresso coffee machine from the B2B Products; (ii) orders for 150 and more Nespresso capsules or a Nespresso coffee machine from the B2C Products; (iii) orders with any products from the B2C Products if order value is at least 290 zł (iv) orders with personal collection at one of the NESPRESSO Boutiques in Poland indicated by the customer.
   • for other purchase orders delivery costs are borne by the customer as follows:
    (i) free for the Products from the B2C Products and shipment to an INPOST parcel locker;
    (ii) 15 zł gross for the Products from the B2C Products and shipment via courier;
    (iii) 20 zł gross for the Products from the B2B Products.
  c) in addition, the delivery at the expense of NESPRESSO will take place when: (i) ordering any products from the B2C Products via the Internet at the same time as the customer selects the NESPRESSO Coffee plan on the terms set out in the NESPRESSO General Terms and Conditions and Detailed Terms and Conditions applicable to particular Coffee Plans; (ii) by telephone order or via the Internet any products from the B2C Products for which the customer pays (even partially) with NESPRESSO funds credited to his customer account in the Nespresso Club as part of the NESPRESSO Coffee plan activated for the customer, if the subject of the order is not less than 50 ( fifty) of any NESPRESSO coffee capsules.
6.5 Nespresso reserves the right to unilaterally change the price list and delivery costs by publishing a new price list / new delivery costs at B2B Website or B2C Website (there always apply the prices applicable at the date of placing a purchase order, meaning that any such changes apply to purchase orders placed after their introduction).
6.6 You will receive Products with a VAT invoice or a receipt, in accordance with the applicable laws and regulations.
6.7 Nespresso does not offer any discounts or rebates related to volume of order, unless it's related to specific offers legal terms and conditions.

7. Payment of the price
7.1 Depending on your choice, the price of Products and delivery costs will be payable in one of the following ways:
  a) payment card (payment upon placing a purchase order by phone, online or at a Nespresso Boutique in Poland)
  b) online wire transfer (payment upon placing a purchase order by phone or online)
  c) cash (payment upon collecting a purchase order at an address indicated by the customer, to the courier who delivered it or at a Nespresso Boutique in Poland)
  d) in situations individually agreed with Nespresso, in relation to purchase orders placed by phone, it is possible to pay the price and delivery costs via wire transfer with deferred payment date (in such a case, Nespresso indicates an agreed payment date on a relevant invoice).
  e) payment with the use of NESPRESSO funds credited to the customer's account in the Nespresso Club as part of the NESPRESSO coffee plan activated for the customer under the terms set out in the NESPRESSO General Terms and Conditions and Detailed Terms and Conditions applicable to particular Coffee Plans; unless otherwise stipulated in the aforementioned terms and conditions, if the customer pays for the order with NESPRESSO funds, the customer should pay the price for the order only with these funds and only when the order price exceeds the value of the NESPRESSO funds held by the customer, the payment of the rest of the price may take place in another available way: when ordering in the online store - with a payment card, in the NESPRESSO boutique - with a payment card, and in case of order via a free helpline (800 51 52 53) - by online transfer or by a payment card;
7.2 Payment by a payment card is immediately due and payable, i.e. when placing an order. The payment card of the customer will be encrypted for security purposes. The following payment cards are accepted: Visa, MasterCard. Payment card data is encrypted in the payment process for security purposes.
7.3 Payments via online wire transfer are available through the following online payment systems: Przelewy 24.
7.4 Payments via payment card or wire transfer finalised upon placing a purchase order online are made in compliance with the applicable terms and conditions set forth by relevant payment institutions. Products ordered are shipped to an indicated address after Nespresso receives the payment or a notification from a relevant payment institution that the payment has been authorised. Shipment of the Products takes place only once Nespresso receives the payment or information from relevant payment institution on payment authorization.
7.5 Payments via wire transfer should be made to Nespresso’s bank account specified at B2B Website, B2C Website or a purchase document. The payment date is a date of crediting Nespresso’s bank account with an amount indicated on a purchase document.
7.6. Payment with the use of NESPRESSO funds saved on the customer's account in the Nespresso Club as part of the NESPRESSO coffee plan activated for the customer results in a corresponding reduction in the balance of the above-mentioned funds on the customer's account in the Nespresso Club.
7.7. In the event of delay in payment, statutory interest begins to accrue; for businesses, interest is accrued pursuant to the Act of 8 March 2018 on suppression of undue delays in trade transactions (Dz.U. of 2020, item 935, with later amendments).

8. Consumer’s right to withdraw from a sale and purchase / delivery agreement
8.1 The customer who as a consumer remotely entered into an agreement (online, by phone or by post) may withdraw from it within a period of 14 days without giving any reason for doing so and without incurring any related costs, except for expenses specified below. Said period, for the agreement on the basis of which Nespresso delivers the Products being obliged to transfer their ownership, begins when the consumer or a third person authorised by the consumer other than a carrier collects these Products. Information on the right of withdrawal from a sale and purchase agreement constitutes Appendix 1 to these GTS.
8.2 The consumer may withdraw from an agreement by submitting Nespresso a declaration of withdrawal. A declaration of withdrawal may be made using the form constituting Appendix 2 to these GTS which will be delivered to the consumer alongside his or her purchase order or in email sent to a consumer after receiving the consumer’s order by Nespresso. To meet the time limit referred to in item 8.1 above, a declaration of withdrawal has to be sent before its expiry to the address indicated in item 1.1.or via email to the address indicated in contact form at .
8.3 The consumer may not withdraw from an agreement whose subject is delivery of a product in sealed packaging (coffee capsules and other foods) which cannot be returned after opening due to health protection or for hygienic reasons if packaging was opened after delivery.
8.4 In the event of withdrawal from a sale and purchase / delivery agreement entered into remotely, such an agreement is deemed null and void. Should the consumer submit a declaration of withdrawal before Nespresso accepts a purchase order, a related offer ceases to be binding.
8.5 Nespresso is obliged to immediately, but no later than within 14 days of receipt of a consumer’s declaration of withdrawal, refund the consumer all the payments he or she made in relation to a given purchase order, including costs of delivery of Products to the consumer. Nespresso makes refunds using the same method of payment which the consumer used unless the consumer explicitly agreed to a different method of refund that does not generate any additional costs for him or her. If Nespresso did not suggest that it will collect Products from the consumer by itself, we may withhold a refund of payments received from the consumer until Nespresso takes the Products back or until the consumer presented Nespresso with a proof of sending them back to Nespresso, whichever is the earliest. If the consumer chose a method of delivery of his or her purchase order other than the least expensive one suggested by Nespresso, Nespresso shall not be obliged to refund the consumer any additional costs of delivery.
8.6 The consumer is obliged to return Products to Nespresso or hand them over to a person authorised by Nespresso to pick them up, immediately but not later than within 14 days of the date of withdrawal from the agreement, unless Nespresso collects the Products on its own. To meet the time limit, Products have to be sent back before its expiry. The consumer shall incur only direct costs of returning Products unless Nespresso agreed to incur them or if it did not inform the consumer of such costs. The consumer shall be held liable for any decrease in the value of Products resulting from their use in a way beyond what is required to establish the nature, features, and functions of the Products.
8.7 The right to withdraw from the contract referred to in this point 8 applies only to distance contracts (over the Internet, by phone or by post). This right does not apply to contracts for the sale of NESPRESSO Products concluded with the purchase of these products in the NESPRESSO boutique (in a stationary store). In the latter case, the right to withdraw from the contract is only due to the buyer's rights under the warranty.
8.8. Details regarding the right to withdrawal from the agreement in case of activating NESPRESSO Coffee Plan are determined in separate Terms&Conditions (General Terms&Conditions of NESPRESSO Coffee Plans). The aforementioned details are also included in the information which constitutes Appendix no 1 hereto.

9. NESPRESSO's liability for product defects, warranty for NESPRESSO coffee machines and after-sales service
9.1 Nespresso undertakes to deliver Products free from defects. Nespresso shall be liable for defects in Products pursuant to the Polish Civil Code.
9.2 Nespresso coffee machines are covered by a warranty, in accordance with which the warrantor (Nespresso or any other entity) ensures the efficient operation of Nespresso coffee machines and Nespresso undertakes to repair defective machines free of charge. Depending on the machine type, the warranty period is 12 or 24 months of the date of purchase. Machines are repaired by Nespresso authorised maintenance centres in Poland. Repairs will be effected in 14 business days of delivering a defective machine to a Nespresso authorised maintenance centre or in 21 business days of delivering a machine to a place of purchase. Detailed terms of guarantee (including the guarantee period) and instances of defects not covered by the guarantee (e.g. mechanical damage and resulting defects, damage and defects resulting from using the machine contrary to the directions for use, maintenance, and storage, in particular defects caused by scale) are defined in a warranty card supplied with a given Nespresso coffee machine.
  a) All active Nespresso customers (i.e. customers who have purchased Nespresso coffee capsules through Nespresso Club account in the last 12 months - hereinafter "active Nespresso customers") will receive a free replacement machine during the warranty repair period (which may not be the same machine as the one being repaired); for other customers, it is possible to provide a replacement machine without a milk solution for a fee - if the customer is interested in this option and accepts the cost of providing a replacement machine in advance);
  b) All active Nespresso customers who have also been Nespresso customers for at least 24 months (i.e. have opened their Nespresso Club account at least 24 months ago from the date of reporting the machine for warranty repair) or are Nespresso customers for a shorter period, but buy Nespresso coffee capsules in quantities indicating consumption of an average of one Nespresso coffee capsule per day: (i) will receive a free replacement machine during the warranty repair period (which may not be the same machine as the one being repaired, and if the machine being repaired has a milk option, a replacement machine with a milk frother will be provided); (ii) after the machine is repaired, they will receive a 6-month warranty on their machine (i.e. from the moment the repaired machine is returned, it is covered by a warranty for a period of not less than 6 months - this period does not add up to the original warranty period), and in addition (iii) as part of post-warranty repair, such customers are entitled to: receive a replacement machine as part of the post-warranty repair cost; the delivery of the machine to the service center and back to the customer will be fully organized by Nespresso and at its expense; after post-warranty repair, such customers will receive a 6-month warranty on their machine and a 2-year warranty on the replaced parts;
  c) In the event that of machine delivered for repair not being defective - it is fully functional and only requires descaling or cleaning, or is defective but not covered by the warranty, but caused by improper use of the machine, descaling/cleaning/repair of the machine can be performed by Nespresso service at the customer's expense, if the customer requests it and accepts the costs of such service in advance. PLN 250/270/320 per machine* - repair of a defect not covered by the warranty (including post-warranty repair); customers referred to in point
  *The fee of PLN 250 gross applies to machines: Essenza, Inissia, Pixi, Prodiggio, U, U&Milk; the fee of PLN 270 gross applies to machines: Citiz, Citiz&Milk, Prodiggio&Milk; the fee of PLN 320 gross applies to machines: Atelier, Barista, Creatista, Ekspert, Ekspert&Milk, Gran Maestria, Lattissima Plus, Lattissima Touch, Lattissima Pro, Lattissima Premium, Lattissima Gran, Lattissima One, Maestria.
9.3 In case of any issues related to the operation, use or maintenance of Nespresso coffee machines purchased from Nespresso, contact us at 0 800 51 52 53 (toll-free).
9.4 Complaints about Nespresso Products, including Nespresso coffee machines, may be filed by post to the address indicated in item 1.1., via the form available at B2C Website or B2B Website in the CONTACT tab, by phone at the phone numbers indicated there or at the phone numbers indicated on the warranty card, as well as via CHAT available on www.nespresso.com. Nespresso will respond to the complaint within 14 days of its receipt.
9.5 Complaints and warranty or guarantee claims filed by customers are examined pursuant to the applicable laws and these GTS.
9.6 You may exercise your rights under the statutory warranty for defects irrespective of the rights arising from the warranty provided by Nespresso. Exercising the rights arising from the warranty does not affect the liability of Nespresso under the statutory warranty provided for by the Polish Civil Code.

10. Out-of-court consumer dispute resolution
10.1 The aim of out-of-court consumer dispute resolution, i.e. resolution of disputes between the consumer and the entrepreneur resulting from an agreement they entered into, is to resolve any consumer disputes by: (i) considering the positions of the parties in order to resolve their dispute by themselves and by (ii) recommending the parties how to resolve their dispute.
10.2 Should a dispute arising from a complaint filed with Nespresso by the customer who is a consumer be not resolved, Nespresso shall provide the consumer with a declaration, on paper or other durable medium, of:
  a) intent to file a request to initiate out-of-court consumer dispute resolution proceedings; or of consent to take part in such proceedings, indicating at the same time his or her competent institution; or
  b) refusal to take part in out-of-court consumer dispute resolution proceedings.
10.3 If Nespresso does not present the customer with any of the foregoing declarations, it is assumed that Nespresso agreed to participate in such proceedings.
10.4 Disputes shall be considered and examined by competent institutions registered with the register kept by the President of the Office of Competition and Consumer Protection, in compliance with the rules of procedure applicable at a given institution.
10.5 For disputes that may arise between Nespresso and the customer of Products who is a consumer, the competent institution is the Polish TRADE INSPECTION. Detailed rules of procedure that apply to out-of-court consumer dispute resolution before the Trade Inspection are set forth in the Trade Inspection Act of 15 December 2000 (Tj. Dz.U of 2019, item 2166) and the implementing provisions of this Act, including those published at the website of the Trade Inspection: http://bip.wiih.org.pl/index.php?id=554.
10.6 To resolve a dispute, the customer who is a consumer may also go to permanent consumer courts of arbitration acting at the Provincial Inspectorates of the Trade Inspection in Poland. Detailed rules of procedure before the said courts are set forth in the Act referred to in item 10.5 as well as in the implementing provisions of that Act.
10.7 To resolve a dispute, the customer – who is a consumer – purchasing Products online may also use the online dispute resolution platform available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
10.8 Application of the foregoing procedures is voluntary and always requires mutual consent of both parties. The foregoing is provided for information only and does not constitute Nespresso’s consent to participate in out-of-court procedures of handling complaints or resolving disputes.
10.9 Information on the possibility to resolve consumer disputes and seek redress out of court is also available at the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl.

11. Responsibility, final provisions
11.1 Unless otherwise provided for in the mandatory provisions of law, NESPRESSO's liability for non-performance or improper performance of the contract for the sale / delivery of Products is limited to the net value of the ordered Products. The above provision does not apply to consumers. The provisions of this point 11.1 shall also apply to a natural person concluding a contract directly related to his business activity, if the content of this contract shows that he is not of a professional nature for this person (applies to contracts concluded not earlier than 01/01/2021).
11.2 GTS are subject to Polish law. In matters not covered by the GTS, the provisions of Polish law and in particular the Civil Code will be applied. The jurisdiction of Polish courts applies.

APPENDIX 1
INFORMATION ON THE RIGHT TO WITHDRAW FROM THE CONCTRACT BY THE CONSUMER AND PHYSICAL PERSONS INDICATED IN P.11

1. Subject to Article 2 and Article 5 below, the consumer have the right to withdraw from the agreement he/she concluded (product sale agreement and/or Coffee Plan contract) without providing a reason, at the discretion of the consumer:
- in case of concluding a NESPRESSO product sale agreement without concluding a Coffee Plan contract:
a. in terms of ordering NESPRESSO products – in this case, the sale agreement in terms of the NESPRESSO products included in the order shall be deemed invalid;
- in case of concluding a Coffee Plan contract and sale agreement concerning products included in the Coffee Plan contract as well as the sale of additional NESPRESSO products included in the same order:
b. both in terms of activating the NESPRESSO Coffee Plan and sale of products covered by the NESPRESSO Coffee Plan contract and in terms of the sale of additional NESPRESSO products – in this case, both the contract in terms of the NESPRESSO Coffee Plan, including the sale of products covered by the contract, and the sale agreement in terms of the additional NESPRESSO products included in the order shall be deemed invalid;
c. only in terms of activating the NESPRESSO Coffee Plan and sale of products covered by the NESPRESSO Coffee Plan contract – in this case, the agreement in terms of activating the NESPRESSO Coffee Plan and sale of products covered by the NESPRESSO Coffee Plan contract shall be deemed invalid, and the sale agreement in terms of the additional NESPRESSO products shall remain in force;
d. only in terms of the purchase of additional NESPRESSO products – in this case, the sale agreement in terms of the additional NESPRESSO products shall be deemed invalid, and the agreement in terms of activating the NESPRESSO Coffee Plan and sale of products covered by the NESPRESSO Coffee Plan contract shall remain in force;
e. subject to Article 2 below – only in terms of activating the NESPRESSO Coffee Plan – in this case, the part of the NESPRESSO Coffee Plan contract pertaining to the activation of the Coffee Plan shall be deemed invalid, and the sale agreement in terms of products covered by the NESPRESSO Coffee Plan contract and the sale agreement in terms of the additional NESPRESSO products shall remain in force.

2. The withdrawal from the NESPRESSO Coffee Plan contract in terms of activation of the NESPRESSO Coffee Plan “Coffee Machine for 1 PLN” includes the withdrawal from the sale agreement of coffee machine, as a key element of activating the Plan, even if not clearly specified by the consumer in the notice of withdrawal.

3. In order to exercise the right to withdraw from the contract, the consumer has to notify us, i.e. NESTLE Polska S.A. Oddział NESPRESSO w Warszawie, ul. Domaniewska 32, 02-672 Warszawa, of his/her decision to withdraw from the indicated contract by providing us with an unequivocal statement. The consumer use the withdrawal notice form attached to the e-mail confirming the activation of the NESPRESSO Coffee Plan or delivered together with the ordered products, but it is not obligatory to use the form.

4. The withdrawal from contract in each of the cases defined in Article 1 should take place within the period of 14 days from the receipt by the consumer or by a third party indicated by the consumer, other than the carrier, of the products ordered. The period for withdrawal shall be deemed to have been observed if the notice is sent before the end of the period to the address defined in Article 3 below or via electronic mail to the address defined on the contact form at the website /pl/en.

5. The right to withdraw from the contract does not apply to agreements in which the subject of the service is a product delivered in a sealed package (coffee capsules and other foodstuffs) which cannot be returned once the package is unsealed due to health protection or hygiene reasons if the package was unsealed after delivery.

6. Effects of withdrawal from the NESPRESSO Coffee Plan contract. In case of the consumer withdrawing from the NESPRESSO Coffee Plan contract, the consumer shall no longer be obliged to pay the fixed monthly fee to NESPRESSO at the amount assigned to the selected variant of the NESPRESSO Coffee Plan and thus Nespresso shall not be entitled to collect the sums necessary to cover the above fees from the payment card indicated by the consumer. In the case of withdrawal from the NESPRESSO Coffee Plan contract “Coffee Machine for 1 PLN”, the consumer shall be obliged to return the coffee machine purchased as part of the Plan to NESPRESSO on reimbursement of the price paid by the consumer by NESPRESSO with the use of the same payment method as the one used by the consumer, unless the consumer has clearly agreed to another reimbursement method which involves no financial cost for the consumer. In the case of withdrawal from the NESPRESSO Coffee Plan contract “10% Benefit”, the consumer shall lose the right to use the additional funds granted as part of the Plan, except where the funds have already been used before the withdrawal from the contract. If the consumer does not concomitantly withdraw from the sale agreement of NESPRESSO products ordered as part of the transaction activating the NESPRESSO Coffee Plan, NESPRESSO shall not return the amount paid by the consumer for these NESPRESSO products. In this case, the consumer shall not be obliged to cover the delivery cost of the ordered products.

7. Effects of withdrawal from the sale agreement of NESPRESSO products. In the case of the consumer withdrawing from the sale agreement of NESPRESSO products, NESPRESSO shall immediately and no later than within 14 days after receiving the notice of withdrawal from the consumer be obliged to reimburse all payments made by the consumer for the products, including the cost of delivery of NESPRESSO products covered by the consumer. NESPRESSO shall reimburse the payment with the use of the same payment method as the one used by the consumer, unless the consumer has clearly agreed to another reimbursement method which involves no financial cost for the consumer. Where the cost of the ordered products was covered in part with NESPRESSO Funds and in part with a different method, the reimbursement of the payment for the products covered by the sale agreement from which the consumer has withdrawn, unless the consumer agrees to a different reimbursement method, shall be made in accordance with the following rules:
a. the part of the price paid with NESPRESSO Funds shall be reimbursed to the consumer’s NESPRESSO Club account (by the increase of the balance of NESPRESSO Funds);
b. the part of the price paid with a payment card shall be reimbursed to the same payment card;
c. the part of the price paid with an on-line transfer shall be reimbursed with a transfer to the account from which the payment was made;
d. where the consumer withdraws from the agreement only partially, the reimbursement shall be made in the first place to the consumer’s NESPRESSO Club account (by the increase of the balance of NESPRESSO Funds). Only in the event that that amount due to be reimbursed in terms of the partial withdrawal from the agreement exceeds the part of the price paid with NESPRESSO Funds shall the difference be reimbursed in accordance with Article 7.b) or 7.c) above, according to the method of payment used by the consumer, unless the consumer has agreed to another reimbursement method.

8. We reserve the right to withhold the reimbursement of the payments until the products are returned or until we are presented with a proof of shipping of the products, whichever occurs earlier.

9. We shall collect the products. The consumer is only liable for diminished value of the products resulting from their use other than what is necessary to establish the nature, characteristics, and functioning of the products.

10. In the event that the consumer withdraws from the NESPRESSO Coffee Plan “Coffee Machine for 1 PLN” contract and does not return the coffee machine purchased at a promotion price as part of the contract to Nespresso within the period of 14 days after presenting Nespresso with the declaration of withdrawal from the contract, Nespresso shall be entitled to demand payment from the consumer of the difference between the standard price of the machine with VAT determined in Article 12 of the Detailed Terms and Conditions of NESPRESSO Coffee Plan “Coffee Machine for 1 PLN” and the promotion price with VAT for which the consumer purchased the machine. The period of return shall be deemed to have been observed if the consumer makes the machine available to be collected by Nespresso within the duration of the period or if the consumer sends the machine Nespresso within the duration of the period to the address: LOGWIN AIR+OCEAN POLSKA, Al. Katowicka 66, 05-830 NADARZYN. The consumer shall be obliged to present to Nespresso a copy of the proof of shipment of the machine to the above defined address. The payment of the aforementioned difference due to Nespresso from the consumer shall be made on the basis of VAT invoice issued by NESPRESSO payable within 7 days after its receipt by the consumer in such a way that the consumer was able to learn its content. The invoice shall be sent to the consumer immediately after its issuance via registered mail and via electronic mail, accordingly to the most recent stationary address of the consumer and to the e-mail address provided by the consumer in his or her Client Account. Nespresso shall also be entitled to deduct the value of the invoice from the NESPRESSO Funds available on the Client Account at the moment of issuance of the debit note; concomitantly, the consumer agrees to Nespresso collecting the due amount from the payment card indicated at the conclusion of the above defined contract.

11. The provisions of this Appendix also apply to physical persons, concluding contracts directly related to their business activity, if the content of the contract indicates that it does not have a professional character for this person .

APPENDIX 2
WITHDRAWAL NOTICE FORM

This form should be filled out and sent to NESPRESSO only if you wish to withdraw from the contract

Addressee: NESTLÉ Polska S.A. ODDZIAŁ NESPRESSO W WARSZAWIE,
ul. Domaniewska 32, 02-672 Warszawa

I/We(*) hereby inform that I/we(*) withdraw from (please mark the agreement which you withdraw from):

a) The NESPRESSO Coffee Plan contract:
Number of the NESPRESSO Coffee Plan contract:

……………………………………………………………………………………………………………………………

b) The sale agreement of NESPRESSO Products:
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
Name and surname of consumer(s)/ physical person signing a contract directly related to his/her business activity, if the content of this contract shows that it does not have a professional character for that person

……………………………………………………………………………………………………………………………
Address:

……………………………………………………………………………………………………………………………
Signature:

……………………………………………………………………………………………………………………………
Date of receipt of the products:

PLEASE SEND THE REIMBURSEMENT FOR THE PAYMENT I/WE(*) MADE TO NESPRESSO IN CASH TO THE FOLLOWING ACCOUNT (only applicable to payments made in cash):

……………………………………………………………………………………………………………………………
Signature:

Nespresso Privacy Notice

Effective: May 2018, complement: January 2019, March 2019, January 2023.

Summary of Changes to Nespresso's Privacy Notice

The below summary is intended to help you better understand the most recent changes to our Privacy Notice and how they may impact you:

• In the sections dealing with sources of Personal Data and how We use this information, We added references to market researches
• We clarified that payment and financial information can be handled by Us or third party payment processing providers acting as independent data controllers
• When you call our Customer Relationship Centers (CRC), your conversation can be listened into by our staff for local operational needs (e.g. for quality or training purposes)
• To comply with changes to EU data protection rules (i.e. the GDPR), We (i) listed the various lawful basis We rely on when processing Personal Data, (ii) provided more details regarding data transfers and related legal instruments where needed and (iii) added individual rights in relation to portability and right to complain to competent EU data protection authorities
• We also clarified the Nespresso/Nestlé entities acting as data controllers at the end of the document

We hope you will find this information useful and that it will give you a clear understanding of how Nespresso processes Personal Data.

SCOPE OF THIS NOTICE

Please read this Nespresso 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 controllers as listed in the controllers & contact section (Section 11) (“Nespresso”, “We”). 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). Please see Section 8 for further information on how to object to this.

In cases We process your Personal Data in order to fulfill legal obligations, provision of your Personal Data is mandatory and stems from provisions of law determining legal obligations that We have. In other cases, provision of your Personal Data is not mandatory, however if you do not provide necessary Personal Data to us, We may not be able to: contact you, to provide you with our goods and/or services, to take actions on your request before conclusion of an agreement, to conclude an agreement with you. We will indicate to you when this is necessary to provide data, for example, by making this information clear in our registration forms.

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 AND OTHER RIGHTS
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
10. CHANGES TO THIS NOTICE
11. DATA CONTROLLERS & CONTACT

 

1. SOURCES OF PERSONAL DATA

This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:
Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook (“Websites”).
Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.
E-mail, text and other electronic messages. Electronic communications between you and Nespresso.
Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”).
Nespresso Boutiques. Stores managed by Nespresso.
Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.
Data We create. In the course of our interactions with you, we may create Personal Data about you (e.g. records of your purchases from our websites).
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 (e.g. such as Facebook, Google) or market researches (if feedback not provided on an anonymous basis).
Telemetry Data. We may collect certain data captured by Nespresso coffee machines that are connected to wifi. Examples include the machine Serial Number, machine alerts or errors, and the type of coffees prepared by consumers, with the respective date and time.

 

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 and posts or PM you can leave on Nespresso social media pages. Where permitted, We collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
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.
Email: we analyze your interactions with our content (e.g. click through, opening of email) to provide you with personalized information based on your interests and preferences.

 

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	Our reasons	Our legitimate interests
Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint (relayed via our communication channels or social media for instance), general question, etc.).	• Fulfilling contractual obligations • Legal obligations • Our legitimate interests	• Improving and developing new products and services • Control and improvement of provided services’ quality (being more efficient) • Establishment, exercising or defence of legal claims • Clients’ satisfaction surveys
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 may not give your consent (where required) or withdraw your consent if given or object to the processing of your Personal Data for these purposes. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. The use of your Personal Data for the purpose of participating in contests or promotions is voluntary, however if you do not provide your Personal Data in such case, you will not be able to participate in contests/promotions. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.	• With your consent (where required) • Fulfilling contractual obligations • 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 • Fraud preventing, establishment, exercising or defence of legal claims
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.	• With your consent (where required) • 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
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 may not give your consent (where required), withdraw your consent if given or object the processing of your Personal Data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.
Order fulfillment. We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain Personal Data and payment information.	• Fulfilling contractual obligations • With your consent (where required) • Legal obligations • Our legitimate interests	• Improving and developing new products and services • Control and improvement of provided services’ quality (being more efficient) • Clients’ satisfaction surveys • Protect our assets and staff • Fraud preventing, establishment, exercising or defence of legal claims • Compliance with legal obligations
Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal or market research and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.
Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.	• Legal obligations • 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 you Personal Data with the following types of third party organisation:
Service providers. These are external companies that We use to help Us run our business (providers of the following services : warehousing, logistic, postal, courier, marketing (running promotions, emailing, ads campaign management), CES, market research, machines’ maintenace and repair, IT/IS support, including website and database operation and development, payment processing, legal, audit, accounting). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
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 paid after it is issued) 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.
For example, we may share with Meta Platforms Ireland Limited (“Meta”) certain data regarding actions that you take on our Websites such as your visits to our Websites, your interactions on our Websites, use of Facebook Connect and information collected from cookies or similar technologies including the Facebook pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook). We are a joint data controller with Meta for this processing. This agreement means that we must provide you with this notice, but you should contact Meta if you wish to exercise your data protection rights. Further information, including how Meta enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Meta's Data Policy, which is accessible at https://www.facebook.com/about/privacy
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 (e.g. subjects to whom We are obliged to disclose your Personal Data, in particular public administration authorities or law enforcement authorities) or in the context of an acquisition or a merger (see Section 4 for details).

 

6. RETENTION OF YOUR PERSONAL DATA

Nespresso takes every reasonable step to ensure that your personal data are only processed for the minimum period defined as per the following criteria:
(a) Nespresso will retain copies of your Personal Data in a form that allows for identification only for as long as:
(i) We maintain an ongoing relationship with you (e.g. where you are included in our mailing list and have not unsubscribed; until you withdraw your consent for processing of your personal data for marketing purposes or until you object to the processing for this purpose),
(ii) Your Personal Data are necessary in connection with the purposes set out in this Notice and we have a valid legal basis,
Plus
(b) The duration of any applicable limitation period for claims/tax obligations related to a given purpose of processing plus 15 months calculated as of the end of the year in which an applicable limitation period has concluded. This additional period is in case of claims exercised shortly before the end of an applicable limitation period and serves to determine one date, when the data will be deleted, destroyed or anonymised. In addition, if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.

During the periods noted in paragraph (b) above, we will restrict our processing of your Personal Data to storage or, and maintaining the security of, those data, except to the extent the data need to be reviewed in connection with any claim, or any obligation under applicable law.
Once the periods in paragraphs (a) and (b) above, each to the extent applicable, have concluded, we will either (i) permanently delete or destroy the relevant Personal Data or (ii) anonymise the relevant Personal Data.

 

7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as 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. In such case 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 in Section 11) and/or (ii) will rely on your consent (where permitted by law).

 

8. ACCESS TO YOUR PERSONAL DATA AND OTHER RIGHTS

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 sending Us an e-mail data.privacy@pl.nestle.com or writing to us at Nestlé Polska S.A. Oddział NESPRESSO w Warszawie, ul. Domaniewska 32, 02-672 Warszawa (We reserve the right to verify your identity before provision of any information). 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 (revoking of the consent does not have an impact of lawful processing on the basis of the consent before its revoking).
Subject to applicable law, you may also have the following additional rights regarding the use of your Relevant Personal Data:
• the right to object, on grounds relating to your particular situation, to the use of your Relevant Personal Data by us, or on our behalf; and
• the right to object to the Processing of your Relevant Personal Data by us, or on our behalf, for direct marketing purposes.
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 the Personal Data Protection Office.

 

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 may still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.
Personalization (offline and online): Where required by law, if you wish to have your Personal Data used by Nespresso to provide you with a personalized experience/targeted advertising & content, you can indicate so through the relevant tickbox(es) located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.

 

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. We will inform you about any change of this Policy placing relevant information on our websites/apps or sending you the updated Policy.

 

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 at: data.privacy@pl.nestle.com or writing to us at Nestlé Polska S.A. Oddział NESPRESSO w Warszawie, ul. Domaniewska 32, 02-672 Warszawa, Polskaor call our CRC on 800 51 52 53.
You can also contact our Data Protection Officer via email at: DataProtectionOffice@nestle.com.
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).

Data controllers	Responsible for
Nestlé Nespresso S.A. Chaussée de la Guinguette 10, 1800 Vevey, Switzerland	All activities
Nestlé Polska S.A. Ul. Domaniewska 32, 02-672 Warszawa, Polska	All activities in Poland

Additional Data Controllers	Responsible for:
Sift Science, Inc.	Detect and prevent fraudulent activity on your account in real time. Information shared with Sift is treated by Sift in accordance with its Privacy Policy, available at https://sift.com/service-privacy

Nestle Polska S.A. Nespresso Branch in Warsaw

Domaniewska 32 Street
02-672 Warsaw

Registration authority: District Court for Warsaw Capitol City, 13th Economic Division of National Court Registry KRS number: 0000025166; VAT number: 527-020-39-68

1. Scope & application
1.1 Nestlé Nespresso SA, Avenue de Rhodanie 40, 1007 Lausanne, Switzerland (“Nespresso”) is the promoter and organiser of competitions, games or promotional initiatives (“Promotions”) to which these General Rules shall apply, unless otherwise specified.
1.2 These rules and conditions (“General Rules”) shall apply to any Promotions that are organised by Nespresso on an international basis and that are published or distributed by way of Nespresso's internet website/s at www.Nespresso.com or other websites or internet sites, pages or properties generated or managed by Nespresso (collectively “Websites”).
1.3 Each Promotion shall include these General Rules and shall be accompanied by an additional document setting out the specific mechanism and rules applicable to the relevant Promotion (“Specific Rules”). In the event of conflict between the General Rules and the Specific Rules published for a particular Promotion, the Specific Rules shall prevail.
1.4 These General Rules shall not apply to other promotions organised by Nespresso's subsidiary or affiliated entities which shall be subject to applicable local rules and regulations.

2. Participants
2.1 By submitting an entry or participating in a Promotion, participants confirm their understanding and acceptance of these General Rules and any applicable Specific Rules.
2.2 Promotions may not be available in all countries. Nespresso reserves the right to limit a Promotion to participants resident in certain territories or otherwise limit participation, as indicated in the relevant Specific Rules. Participation shall be automatically void in any territory where a particular Promotion may not be legitimately undertaken.
2.3 Participants may be required to provide proof of eligibility to enter a Promotion or to accept and receive a prize. Unless otherwise specified in the Specific Rules, participants under the age of 18 must obtain and provide on demand written parental or guardian consent to enter or claim a prize.
2.4 In all cases, employees of Nespresso, its Affiliates and their immediate families, as well as their agents or any person professionally connected with a Promotion shall not be entitled to participate.

3. Entries
3.1 Promotions are free to enter and no purchase of any kind is necessary.
3.2 Entries must be submitted in the manner and form and by the closing date and time stated in the Specific Rules. Nespresso may disqualify any entry that is incomplete or does not fully comply with these Rules.
3.3 Only one entry per person is allowed, unless expressly permitted in the Specific Rules. In the event of multiple entries for or on behalf of any person, all entries from that person will be disqualified. Entries from agents, third parties, organised groups or generated automatically by computer will not be accepted.
3.4 No receipt for entries will be issued. Nespresso does not accept responsibility for any entries that are lost, damaged or delayed as a result of postal or other transmission failure or any network, hardware or software failure. Proof of sending will not be accepted as proof of receipt.
3.5 Entries that are vulgar, offensive, indecent, defamatory, inappropriate for general public communication or which portray or encourage illegal activities will be automatically disqualified.
3.6 Participants shall have a general obligation and duty of honesty and fair-play in relation to any Promotion.
3.7 Any breach of the General or Specific Rules will invalidate a participant's entry. If a breach has occurred but is discovered after the award of a prize, Nespresso may require return of the prize. Nespresso may, at its discretion, publish reasons for such breach including the identity of the participant concerned.

4. Prizes
4.1 Prizes are as described in the Specific Rules and, unless specifically stated to the contrary, will not include any other charges, expenses, personal or additional items which will be the sole responsibility of the prize winner.
4.2 A list of winners will be posted on the Website/s. All decisions of Nespresso are final, binding and not open to discussion or appeal. Nespresso will advise winners by e-mail, as provided with their entry, but shall have no responsibility for failed communications or errors however caused.
4.3 The Specific Rules may set a time limit or procedure for claiming or accepting a prize. Failure to claim a prize by the time or in the manner specified will make a potential prize claim invalid and Nespresso may re-offer the prize.
4.4 If a potential winner cannot be contacted for any reason, or is unable or unwilling to take up a prize, an alternate winner may be selected by Nespresso and offered the prize without any liability to the first potential winner.
4.5 All prizes are non-transferable, may not be re-sold and there are no cash or other alternatives. Prizes are subject to availability and Nespresso reserves the right to substitute prizes of equal or greater value at any time.
4.6 In addition, all travel or holiday prizes are subject to the following:
 (a) Nespresso will have full discretion to select appropriate and effective means and times of travel. Travel is subject to availability and must be completed on the dates specified. Restrictions may apply.
 (b) It is the responsibility of winners to make arrangements to enable them to take up the prize offered, otherwise a prize may be forfeited and awarded to another participant.
 (c) The actual value of travel depends on the date, time, destination and most efficient means of transport. Nespresso will cover actual costs for travel and no cash difference may be demanded or paid in the event of a difference between actual costs and any stated or approximate value.
 (d) Winners are responsible for all expenses of a personal or other nature that are not specifically included in the prize description (e.g. spending money, mini-bar, laundry, telephone, pay-per-view, insurance, or other expenses).
 (e) Winners are responsible for obtaining and providing all required travel documents, including any required visas, passports, vaccination or health certificates, or other documents required for international travel and/or the prize destination.
 (f) Nespresso has no liability if winner/s are unable for any reason to take up a prize as proposed.

5. Personal information
5.1 Nespresso may require Participants to provide personal details as a condition of entry or participation in the Promotion. This includes: full name, postcode and country of residence, e-mail address, telephone (optional), age (or over 18 confirmation). Other information may also be required.
5.2 By participating in a Promotion, Participants undertake that all information submitted is true, current and complete at the time of entry. Participants are solely responsible for the accuracy of personal details and for informing Nespresso of any changes. Nespresso has no responsibility for failed contacts.
5.3 All personal data provided by Participants or received Nespresso will be stored, processed and handled in accordance with Swiss Federal Laws on Data Protection (1992 LPD 235.1 and 1993 OLPD 235.11, as amended) and Nespresso's published Privacy Policy, the latest version of which is available at www.Nespresso.com. By accepting these Rules, participants also accept the terms of the Privacy Policy, which they should read before submitting an entry.
5.4 If a Promotion requests or incites Participants, whether for advantage or not, to relay or communicate (“forward”) the Promotion to other persons, or if Participants themselves wish to forward the Promotion to other persons, the following shall apply:
 (a) Participants may forward details of or otherwise invite or encourage other persons to participate in the Promotion by email (“Invitation”) either directly or through Nespresso's Website or other technical means as part of the Promotion, it being understood that Nespresso is simply forwarding the Invitation and has no responsibility for the addressee or content thereof;
 (b) In all cases, the Participant is fully responsible for the choice and disclosure of the persons to whom an Invitation is sent and must obtain their explicit consent in advance;
 (c) All Invitations shall nominate the Participant as sender and not Nespresso;
 (d) Nespresso will not forward more than five Invitations and Participants are required to respect the same limitation.
 (e) Email addresses must be valid and different. Participants shall not forward Invitations to persons who have not given consent nor introduce fictitious friends or acquaintances for the purposes of advantage or gain.
5.5 Prize winners agree to take part in any reasonable publicity required by Nespresso and consent to the use by Nespresso or its Affiliates in that connection of their name, likeness and/or images without further compensation.

6. Intellectual property
6.1 All trademarks, brands, logos and other materials or content in relation to Promotions are the exclusive property of Nespresso and may not be downloaded, copied, saved, modified or otherwise distributed or used for any purposes other than as envisaged by the General and Specific Rules.
6.2 All entries submitted and all materials created in connection with an entry shall be the property of Nespresso. By submitting an entry each participant thereby transfers to Nespresso the full worldwide copyright and all other intellectual property or similar rights in that entry, including, without limitation, all rights to copy, communicate, distribute, adapt, translate, modify, use or exploit the work by any means. Participants confirm they have not entered into any agreements with third parties that could impair Nespresso's right to use their entry and agree to take all action and sign all documentation that may be necessary to protect and/or use those rights.
6.3 Where a Promotion entails the composition or submission of text, images, videos or other media, each participant undertakes that the entry is their original work and does not use or infringe the intellectual property or other rights of any other person. Any person/s whose image is used in an entry must have given their express consent (parental if under the age of 18) to its inclusion and use. Participants will be entirely responsible for any claim by any third party in respect of their entries.
6.4 Nespresso has no obligation to use any entry, even if it is a winning entry. Other than as described in these Rules or required by law, participants will not be entitled to any compensation or credit for use of an entry.

7. General
7.1 Nespresso reserves the right to alter or cancel a Promotion in the event of unforeseen circumstances or to amend or update these General Rules or any Specific Rules from time to time. Nespresso will publish any amended or updated Rules on its websites, which shall then apply to all existing and future entries. If a participant does not agree to any such changes, the sole remedy shall be to withdraw their entry from the Promotion.
7.2 Subject to any mandatory legal requirements, Nespresso's determination with regard to these General Rules and the Specific Rules applicable to any Promotion will be final and binding and no correspondence or discussion will be entered into.
7.3 These General Rules are published in English and in the Swiss national languages of French, German and Italian. Nespresso may, without obligation, provide additional local language translations for the non-binding assistance of Participants.
7.4 These General Rules and any Specific Rules issued by Nespresso are governed by Swiss law and any disputes which cannot first be settled amicably shall be submitted exclusively to the courts of Canton Vaud, Switzerland.

2010
NESTLE Nespresso LTD.