Legal Notice

Accordion itemTerm of use

1. Acceptance and Modification of the Terms of Use.

1.1 Your access and use of the websites (the “Websites”) of Nestlé Nespresso S.A. (“Nespresso”), which includes Nespresso’s affiliated companies, are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property

2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.

2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

3. Use of the Websites

3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nespresso.

3.2 Nespresso neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

3.3 You shall not: a) misuse our Websites; b) access without authority, interfere with, damage or disrupt any part of our Websites; c) tamper with the operation of our Websites; and d) use or exploit any bugs, errors or design flaws which you find on our Websites.

4. Information Deemed Non-Confidential

4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Nespresso invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

4.2 Any other information or material communicated to Nespresso through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nespresso and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Nespresso is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nespresso’s use will not violate any third party’s rights. Nespresso is under no obligation to use the information provided.

5. Disclaimer of Warranties

5.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.2 Nespresso DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.

5.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

5.4 Any advise or information, be it oral or written, obtained from Nespresso or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

6. Limitation of Liability

6.1 You access, use, browse and navigate on our Websites at your own risk and peril.

6.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER Nespresso, ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.

6.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. Nespresso assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.

6.4 Nespresso reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Nespresso accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of Nespresso or any third party.

7. Change of Information

The content of our Websites may contain inaccuracies or errors. Nespresso reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

8. Availability of Products / Services

Our Websites may contain information on Nespresso’s worldwide products and services, not all of which are available in every location. A reference to a Nespresso product or service on the Websites does not imply that such product or service is or will be available at your location.

9. Links

9.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by Nespresso. Nespresso shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

9.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of Nespresso.

10. Miscellaneous

10.1 The present Terms of Use embody the entire agreement concluded between Nespresso and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Nespresso and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

10.2 The fact that Nespresso tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

10.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and Nespresso.

10.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

Nestlé Nespresso S.A.
11/2005
© 2003 Nestlé Nespresso S.A. All rights reserved.

GENERAL CONDITIONS OF SALES

Applicable version with effect from 13 April 2020

1. INTRODUCTION

The following are governed by these General Conditions of Sales: all orders placed with Nespresso Singapore referred to as “Nespresso” or "we", "us" or "our" having its registered office at 15A, Changi Business Park Central 1, #05-02/03, Eightrium@Changi Business Park, Singapore 486035, are subject to these General Conditions of Sale, unless the parties have reached other agreements. Nespresso does not recognise customers’ terms and conditions which differ from these terms and conditions. Verbal agreements which differ from these terms and conditions must be confirmed in writing by Nespresso before they can take effect. The General Conditions of Sales stated hereinunder apply to consumables, accessories or machines under the Nespresso Professional line, whether purchased remotely or directly through our B2B sales team the “Products”).

Before using the Nespresso Professional website and associated webpages (the “Website”) and/or placing an order, we kindly ask you to carefully review all the terms included in the present General Conditions of Sales together with the Privacy Notice and the Website Terms of Use and any additional conditions that may appear on the Website from time to time such as during promotions or campaigns.

Each order placed with Nespresso or any of its affiliated companies shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.

Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Products from us, unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you). You may exercise your right to cancel if you are not happy with the changes as they apply to your order.

We will send you a copy of these General Conditions of Sales with your Products. However you have the possibility to download, save and/or print a copy of your order receipt confirmation email and these General Conditions of Sales for your records.

Any order placed through this Website can only be delivered to Singapore. We regret that we cannot deliver elsewhere.

You can place your orders:

- by telephone: on 800 186 5007 (8am-10pm, toll-free)

- by internet/mobile: www.Nespresso.com/pro/sg

2. ORDERS THROUGH THE WEBSITE

2.1 Registration

As a prerequisite to place an order, you will be required to provide mandatory registration information, such as a valid company name and email address that will need to be valid and up-to-date.

Please inform us of any changes in your address or other information by updating your company details on this Website without delay so that we can keep accurate records and deal with your request and orders.

By placing an order through the Website, you warrant and represent that: You are authorised by your company and legally capable of entering into binding agreements for and on behalf of your company; and you are over 21 years of age.

2.2 Password and confidentiality

After the registration procedure is completed on the Website, you will have a unique member account username and password (the “Credentials”). Security and confidentiality are important to us. To prevent your data from being compromised or eavesdropped during the use of our website we enforce the TLS protocol (Transport Layer Security), which establishes a secure and encrypted transmission between your browser and our servers, at all times on our e-Commerce platforms and at least during login on other platforms. We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.

If you know, or have reason to believe, that your Credentials were stolen or misused, or in case of any other security issue, please notify Nespresso immediately by calling the Customer Relationship Centre on 800 186 5007 (24/7 toll free).

You are also invited to take the following precautions:

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

- Your account username, password and access rights are exclusively for your Company’s use and should only be used by such personnel authorised to access for an on behalf of the Company.

If Nespresso knows or has reason to believe that your Credentials are indeed used by another person or Company, Nespresso shall immediately suspend the use of such account (including processing any transaction from such account).

2.3 Order process

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

Please note that the minimum quantity of coffee capsules for orders placed through our Website is 50 capsules (delivery charges apply). To qualify for free delivery, the minimum order value is SGD220.00.

After placing an order of Product/s on the Website, you will access an order confirmation webpage allowing you to review your order, choose your delivery method and check the total price.

After accepting the General Conditions of Sales, you will be invited to provide payment details to finalise your order.

Please never provide your debit or credit card details on contact forms, live chats, emails, letters or faxes.

2.4 Order confirmation

Once you have submitted and confirmed your order(s), Nespresso will acknowledge receipt of the order(s) by setting out details of the ordered Product(s). If Nespresso does not confirm acceptance of your order within 2 working days, it will be deemed to have been refused.

After confirming receipt of your order(s), Nespresso will check that the relevant Product(s) is (are) in stock. A contract for the sale of Products between you and Nespresso will only be formed when Nespresso confirms that all or part of the Product(s) is/are still available and has/have been dispatched. The contract is formed on sending of the shipment confirmation. The confirmation of dispatch by Nespresso will be proof of a binding agreement between you and Nespresso.

The data registered by Nespresso constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.

The contract for the sale of Products will relate only to those Products whose dispatch we have confirmed.

To the extent permitted by law, Nespresso is entitled to, at any time, without providing reasons and with no liability to you or any third parties, verify an order, and to refuse, cancel or terminate an order for any reasonable ground. For example we may refuse an order if a Product is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the Product(s), we will refund you the full amount in respect of the relevant Product(s) and any delivery costs charged as soon as possible. Nespresso may also refuse an order if there is an ongoing dispute concerning payment of prior orders, in the case of abnormal orders and orders which Nespresso suspects are not placed in good faith, in the case of an error in the price or description of the Product(s) you ordered, or if there is a breach of this Website's Terms of Use or Conditions of Sale.

2.5 Prices

The prices payable for the items you order are those displayed on this Website on the date you place your order, exclusive of GST.

Delivery charges, when applicable, will be billed at the rates indicated on the Website on the date you place your order, calculated in accordance with the size of the order and the delivery method you select. You will be advised of the delivery charges applicable to your order during the checkout process and before you place your order.

The price of a Product and delivery costs displayed on the Website and confirmed in your order confirmation will normally be honoured (subject to the below section on Errors).

Nespresso reserves the right to modify the prices of its Products in the future. The modifications of prices will not apply to orders of Products confirmed by Nespresso.

2.6 Errors

At any time without prior notice, Nespresso may correct any errors or omissions and change information on this Website, if the information presented is erroneous, incomplete or outdated. Nespresso may refuse your orders which were based on erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms.

If Nespresso detects a price error, Nespresso endeavours to notify you as soon as possible. This may occur prior to despatch of Products, or in store prior to collection of Products. You have the option of either reconfirming your order at the correct price or cancelling your order. If you cannot be contacted, Nespresso will deem the order as cancelled. You will be entitled to a full refund, if you have already paid for the Products and choose to cancel your order.

2.7 Payment

Payment shall be made by one of the methods you have selected during the checkout process.

Should you be required to make payment by invoice, the invoice is payable within 30 days. Payment by credit or debit card is immediately due and payable at the time you place your order. Cash on delivery is available at the discretion of Nespresso.

Your card details are encrypted during all transmissions for security purposes. Depending on the payment establishment or payment service provider, payment by credit card may require an authorisation or be executed in multiples steps. In the event Nespresso does not receive the authorisation, Nespresso reserves the right to cancel your order.

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

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

3. DELIVERIES

3.1 Delivery

All orders confirmed by Nespresso will be delivered to the delivery address you specified when placing your order.

Nespresso and/or companies authorised by Nespresso may contact you by SMS, telephone and/or email with information regarding your order and delivery.

Nespresso does its utmost to ensure standard deliveries (subject to stock availability and after receipt of cleared funds) within 1 working day to 30 days. In case the delivery has not occurred within the above indicated term, you shall either contact Nespresso to agree on an additional delay to deliver the Products, or cancel your order by notifying Nespresso.

In order to deliver orders on time, Nespresso strives to keep sufficient stocks of Products. However, it is possible that stocks of certain Products turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Nespresso is entitled to complete partial deliveries, or to defer delivery. Orders for Products available in limited quantities (such as Limited Editions, etc.) will only be accepted by us as long as stocks allow.

3.2 Transfer of property and risk

The delivered Nespresso Products shall remain our property until you have paid all amounts owing under the agreement in full, including the payment of all costs included in the order confirmation.

All risk of loss, or damage to the Products shall be transferred to you upon your taking delivery (or of any persons acting in your place).

3.3 Product verification

At the time of the delivery, you are asked to verify that the number of items being delivered corresponds to that indicated on the delivery confirmation and that the Products are intact, undamaged, not wet and unaltered in any manner.

In case you observe damage or missing items, you must notify our Customer Relationship Centre within a reasonable period after you discovered the damage or missing item and not later than 3 working days. Nespresso shall in such case provide you with identical replacement Products.

This does not affect your legal warranty statutory rights detailed in Article 4.3 of the General Conditions of Sales.

4. RETURNS AND AFTER SALES

4.1 Cancellations

Subject to our approval, you may submit a request for the cancellation of your order before you receive your ordered Product(s). Upon approval (which is at the absolute discretion of Nespresso), and we will notify you of the grant for the cancellation and facilitate on a case by case basis.

4.2 Return Policy

We will, at our discretion, accept returns of a Product (excluding coffee and other consumables) no later than 7 days from your receipt of the Product, only if the Product is damaged before receipt, or there is a discrepancy between ordering and delivery, and provided always that the Product is still in its original package accompanied by the relevant original invoice in the same country. Because of food safety requirements, no refund will be given for consumables (e.g. coffee and sugar).

When you return the Product, you must return the Products to us in an undamaged and unused condition at your expense. Subject to our approval, you may be released from returning the Products at your expense by calling our Customer Relationship Centre on 800 186 5007 (24/7 toll free).

Insofar as possible and practicable, the Products should be returned in their original condition and packaging. To the extent practicable, and for due process of your request, the Products should be returned accompanied by the invoice and the return form.

4.3 Warranties

Nespresso grants a limited purchase warranty depending on the Products purchased. This warranty covers faults arising from manufacturing and material defects.

Regardless of Products purchased, no warranty applies for normal wear and tear; misuse; pest infestation; failure to use/maintain machine in accordance with instructions; improper operation/handling of the machine; damage arising from soiling or undue scaling of the machine, usage of non-Nespresso capsules, accidents, tampering/modification of the machine, negligence, overloading. The cost of intervention resulting from these shall be charged directly to the Customer by Nespresso.

Any limitations to the warranty are stated at the https://www.Nespresso.com/pro/sg/en website or as notified to the Customer from time to time. Intervention within 48 hours excluding weekend and public holidays. Repairs and internal spare-parts covered, excluding external spare parts.

4.4 After-Sales Services

You are responsible for the standard maintenance and cleaning of the machine. Given the technical characteristics of the machines and for safety reasons, repairs must only be performed by the manufacturer’s after sales service personnel, in accordance with the conditions specific to each machine. The manufacturer and Nespresso shall be released from any liability resulting from a modification, repair, addition and/or replacement of spare parts on the machine by any person other than the sales service department.

Where food and beverage are prepared or served by the Customer, the Customer shall ensure that it is HACCP certified, and that such preparation and service is in compliance with the Customer’s food safety standards and all applicable food safety laws and regulations. Nespresso shall not be liable for any losses, claims, damages incurred by any party howsoever arising in connection with the Customer's purchase of the products, unless caused directly by Nespresso’s gross negligence or willful misconduct. Save for any warranties expressly provided on the products, any warranties expressed or implied are expressly excluded.

Where the purchased machine is visible to the end consumer and the end consumer is exposed to Nespresso branded material and accessories, the Customer shall only use Nespresso coffee in the machine and with Nespresso branded material and accessories. Risk of loss and damage of the Nespresso products passes to the Customer on delivery. Nespresso retains title and remains the legal owner of the products until the purchase price is paid in full.

If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact our Customer Relationship Centre on 800 186 5007 (24/7 toll-free) for advice and assistance.

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

In the event that your machine (that is sent for service or repair) is found by Nespresso to be affected by any issue(s) that renders the machine unsuitable for use (including hygiene issues like pest infestation), Nespresso strongly recommends that you do not continue to use such machine, and Nespresso will dispose of your machine in an appropriate manner. However, if despite Nespresso's above-mentioned recommendations, you decide to retrieve the machine from Nespresso, you agree to the following on behalf of your Company and any person affected by and/or using the machine:

(a) You understand that the continued possession use of the machine involves inherent risks and dangers, including that of personal and bodily injury, death, property damage and possible personal and economic losses, and you and your Company voluntarily and freely choose to assume these risks, and

(b) Your Company fully and forever release and discharge Nespresso and its affiliates and their respective employees, agents and contractors (collectively, the "Released Parties") from any and all injuries (including death), losses, damages, claims, demands, lawsuits, expenses, and any other liability of any kind, of or to you or your property, or that of any other person, directly or indirectly arising out of or in connection with the continued use and possession of the said machine.

5. LIABILITY

The photographs and texts illustrating and describing the Products on this Website are non-contractual and for information purposes alone. Nespresso shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website.

Without limiting the scope of these General Conditions of Sale and to the extent permitted by applicable law, no claim of any kind, whether as to Products delivered or non-delivery of Products, or otherwise, shall be greater in amount than the purchase price of the Products in respect of which damages are claimed. In no event shall Nespresso be liable for any indirect, incidental or consequential damages of any nature (even if the advent of such damage was known or could have been known by Nespresso), capable of arising in connection with its Products, their use, sale or this Website.

We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Products intended for domestic consumption by the end consumer in Singapore only. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

You shall comply with all applicable laws and regulations in respect of your business, and shall obtain at all times all necessary legal, health and regulatory approvals, consents, certification and licenses required from the relevant authorities. You shall ensure that the Products and related materials are stored in a safe, hygienic and orderly manner in accordance with Nespresso’s recommendations from time to time.

Nothing in these General Conditions of Sales exclude or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) defective Products; or (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

6. FORCE MAJEURE

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

In the event of a delay caused by force majeure, Nespresso's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Nespresso will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product supply among customers in a fair and reasonable manner.

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

7. PRIVACY

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

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

8. LAW AND FORUM

The present General Conditions of Sale and your purchase of Products from Nespresso shall be governed by and construed in accordance with the laws of Singapore, without resort to its conflict of law provisions.

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

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.

These terms and conditions (T&C’s) govern your agreement with Nespresso Singapore for the Recurring Order service. By signing up as a Nespresso Professional member, you acknowledge and agree that the Recurring Order service is available to you as a Nespresso Professional member to facilitate your recurring orders from Nespresso (minimum 300 professional coffee capsules required), and you agree to be bound by the terms and conditions of our Recurring Order service hereinunder should you choose to subscribe to the service. These T&C’s are supplementary to the General Conditions of Sale, which can be accessed here https://www.Nespresso.com/pro/sg/en/pages/legal:

These terms and conditions may be modified from time to time and you are invited to read these terms and conditions on a regular basis to be informed of these modifications.

1. Order and Prices

1.1. Products and prices may vary from time to time by Nespresso Singapore at its sole discretion. You agree to any such price changes by Nespresso Singapore and that your recurrent monthly orders under the Recurring Order shall automatically be amended accordingly to reflect the new prices without any need for further action or documentation by the parties. Please check with an authorized Nespresso Singapore representative for details. All quoted prices exclude any applicable taxes, charges and fees, which shall be borne by you unless expressly stated otherwise by Nespresso Singapore to you in writing.

1.2. Nespresso Singapore will only consider orders which are placed for deliveries within Singapore. Orders by you for the Nespresso Products under the Recurring Order service shall be made online under your Nespresso Professional account, or by calling our Nespresso Professional Solutions hotline, or in such other manner using any tools or methods as may be specified by Nespresso Singapore. Any orders through such other tools or methods permitted by Nespresso Singapore shall be governed by these terms.

1.3. Each Recurring Order placed by you for the Nespresso Products under this Recurring Order service, shall be deemed to be an irrevocable offer by you to Nespresso Singapore to purchase the Nespresso Products ordered pursuant to the terms and conditions set out herein and in conjunction with our Conditions of Sale, to the exclusion of any other terms not expressly agreed to in writing by Nespresso Singapore’s authorized signatory. Orders placed by you may be accepted or rejected by Nespresso Singapore at its absolute discretion. Each order shall be deemed to be accepted by Nespresso Singapore if Nespresso Singapore has communicated to you within 3 working days of receipt of such order by Nespresso Singapore. If Nespresso does not confirm its acceptance within 3 working days, it will be deemed to have been refused. You shall be responsible to Nespresso Singapore for ensuring the accuracy of the terms and specifications of any order submitted by you and for giving to Nestlé Singapore all necessary information requested by it.

1.4. No order placed may be cancelled by you except with the prior written agreement of Nespresso Singapore. You shall indemnify in full and hold harmless Nespresso Singapore, Nestlé Singapore (Pte) Ltd and its related companies and affiliates (collectively, “Nespresso”) against all losses, claims, damages, costs and/or expenses incurred or suffered by each of them (including loss of profits) in connection with any unauthorised cancellation by you.

1.5. The orders placed by you under by such methods set out in 1.2 above, shall constitute irrevocable recurrent monthly orders placed on the first of each month with effect from the effective start date of your order. You undertake to take delivery and make payment for the total number of items ordered by you.

1.6. You may make a request to increase your subsequent monthly order on the website after logging in under My Account under My Recurring Order. You may make a request to amend (including increase and/or decrease) your subsequent monthly order via the Nespresso Professional Solutions hotline. Any changes requested must be received by Nespresso at least 14 days prior to the end of each calendar month, and each such written request shall be subject to Nespresso Singapore’s prior written agreement at its sole discretion, on a case by case basis. The Recurring Order Service Terms and Conditions and General Conditions of Sale shall continue to apply to any such amendments to your monthly orders.

1.7. For monthly orders placed from the second month from the set up of your recurring order, Nespresso Singapore shall use reasonable endeavors to deliver each monthly order accepted by Nespresso Singapore to the agreed delivery premises within 3 working days from the deemed date of the placement of order as set out in Clause 1.5. For the first month of your setting up of the Recurring Order service, Nespresso Singapore shall use reasonable endeavors to make delivery within 2 working days of your order.

2. Restrictions to Recurring Order

2.1. Limited Edition coffees and promotional items are not available for ordering via the Recurring Order service.

2.2. Nespresso Singapore may without cause and liability terminate the Recurring Order service immediately upon written notice to you at your last known billing address. In the event of such termination, all your outstanding orders which remain undelivered as at the date of notice of termination shall be deemed cancelled at Nespresso Singapore’s sole discretion, unless otherwise notified to you in writing by Nespresso Singapore.

3. Delivery of Nespresso Products

3.1. Nespresso Singapore shall use reasonable endeavors to fulfill your requirements as to the delivery of Nespresso Products pursuant to orders by you which have been accepted by Nespresso Singapore, but time of delivery shall not be of the essence and any dates quoted for the delivery by Nespresso Singapore of the Nespresso Products shall be deemed as approximate dates of delivery. Accordingly, Nespresso shall not be liable in any way to you or any third party for any losses or damages if there is any delay in deliveries despite Nespresso Singapore’s reasonable endeavors.

4. Liabilities

4.1. Nestlé shall in no case be liable for any loss, claims, damages incurred by any party howsoever arising in connection with your purchase of the Nespresso Product, unless caused directly by Nespresso’s gross negligence or willful misconduct. Save for any warranties expressly provided on the Nespresso Product. Any warranties expressed or implied are expressly excluded.

5. Miscellaneous

5.1. The Recurring Order service terms herein, shall apply to the exclusion of any other terms not expressly agreed to in writing by Nespresso Singapore’s authorized signatory. Any claim, dispute or controversy in connection therewith, shall be governed by and construed in accordance with the laws of the Republic of Singapore, and the parties hereto agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of all matters.

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