Legal Notices

Accordion itemTerm of use

For Visitors and Clients of Nespresso Professional

1. Acceptance of the Terms of Use

1.1. These terms of use (“Terms of Use”) govern the relations between Nespresso USA ("Nespresso") and the users of the services made available on this site (https://www.Nespresso.com/pro/us/en) (the “Site”) to visitors and clients of Nespresso Professional in the United States (collectively, “Users” or “You”).

1.2. Nespresso grants permission to Users to use this Site strictly subject to these Terms of Use. By using the Site, each User accepts and agrees to these Terms of Use.

1.3. In case of User’s non-compliance with these Terms of Use, Nespresso, in its sole discretion and without further obligation or notice, may discontinue and/or refuse access in the future to this Site and/or all or any part of the services made available on this Site, all without prejudice to any claim or cause of action, at law or in contract, which Nespresso could pursue in such event.

2. Description of the Services

2.1. Nespresso is the manufacturer and a seller of the Nespresso Professional products, a line centered around exceptional coffee. Through this Site, Nespresso provides information about Nespresso Professional products and services and may offer certain products for sale.

2.2. Users who have registered with Nespresso may place orders through the Site for certain Nespresso Professional products.

2.3. Users who have registered with Nespresso may also be referred to a distributor of Nespresso Professional products in their respective areas. Nespresso is not a party to any agreements between such Users and distributors.

3. Registration, Account

3.1. Registration for the services offered through this Site by Nespresso is free of charge, may be undertaken by completing the registration form, and reconfirms acceptance of these Terms of Use.

3.2. In order to purchase Nespresso Professional products through this Site, Users must complete the registration form.

3.3. In registering on the Site, Users agree to furnish Nespresso with accurate and complete information and to update it promptly when it changes.

3.4. Log-in IDs and passwords associated with registered User accounts are strictly personal and confidential. User agrees not to divulge such ID or password to any other party and to accept responsibility for all activities undertaken by any person through use of such ID or password, including without User’s knowledge. User further agrees to report any unauthorized use of User’s ID or password to Nespresso immediately upon discovery.

4. Sales Conditions

Except as otherwise expressly provided, all purchases of Nespresso Professional products made by You through this Site will be subject to the Nespresso Professional Terms & Conditions of Sale, or the Nespresso Professional Sales Agreement otherwise applicable to Your account.

5. Disclaimer of Warranty

5.1. Your use of and navigation on this Site are undertaken at Your own risk.

5.2. THIS SITE, INCLUDING ALL SERVICES AND CONTENT ON THIS SITE, ARE FURNISHED "AS IS," WITHOUT WARRANTY OF ANY SORT, EXPRESS OR IMPLIED, AND Nespresso EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

5.3. Nespresso DOES NOT GUARANTEE THAT THIS SITE OR THE SERVICES OR CONTENT MADE AVAILABLE ON IT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR FREE OF ERROR OR WILL OTHERWISE MEET YOUR EXPECTATIONS.

5.4. ALL CONTENT AND MATERIALS WHICH ARE COPIED, DOWNLOADED OR OBTAINED IN ANY OTHER MANNER FROM THIS SITE OR THE SERVICES HEREON ARE OBTAINED AT YOUR OWN RISK. Nespresso assumes no liability for any malware or virus which could affect Your computer equipment by reason of Your use of, access to or downloading of any content or material from this Site.

5.5. No content, advice or information, whether oral or written, obtained from Nespresso or through the use of this Site, shall give rise to any guarantees which are not expressly stated in these Terms of Use.

6. Limitation of Liability

6.1. User acknowledges and agrees, to the fullest extent permitted by law, that Nespresso may not be held liable for any direct, indirect, special, incidental, punitive or consequential damages, any injury to reputation, costs, losses, loss of profits, loss of data or other liabilities of any nature whatsoever (even if the possibility of such damage or loss was known or could have been known by Nespresso) arising from the use or inability to use the Site or any content, information or services made available on the Site.

6.2. User agrees to discharge, release, and hold harmless Nespresso and its affiliates and their officers, directors, employees and agents from and against all liability for any damages resulting from the use of or inability to use the Site, or any content, information or services made available on the Site, regardless of the cause thereof.

6.3. Without derogation from any other provision of these Terms of Use, the maximum liability of Nespresso to any User, if it were to be established, regardless of the cause or the nature of the action, will not exceed the amount paid by that User for the content, information and services obtained from Nespresso on this Site.

6.4. User acknowledges that Nespresso shall bear no liability, under any theory or cause of action, whether in tort, contract or otherwise, for any injury or damages arising out of any force majeure event, including any act of God, natural disaster, emergency, war, epidemic, civil unrest, intervention of civil authority or other events outside its reasonable control, acts of third parties, technical problems or deficiencies in hardware, software or computer programs, loss, interruption, suspension, disruption or termination of Internet service, or the like.

7. Modification of Services

Nespresso reserves the right, at its sole discretion, without further obligation or notice and at any time, to modify, interrupt or suspend, temporarily or permanently, this Site and all or any part of the content, information and services made available on this Site. User acknowledges that Nespresso shall bear no liability as a result of its modification, interruption or suspension of this Site or any content, information or services made available on this Site.

8. Intellectual Property Rights

8.1. User acknowledges and agrees that this Site and the content of this Site, including the texts, marks, logos, diagrams, images, photographs, videos, sounds, music, layout, computer programs, code, documentation and designs underlying or comprising the Site, are protected as or by copyrights, trademarks, patents, trade secrets and other forms of intellectual property or industrial property rights, under applicable law, and constitute the property of Nespresso and its affiliates or their licensors (collectively, “Nespresso IP”). For the avoidance of doubt, “Nespresso” and the Nespresso logo are trademarks of Nespresso and constitute Nespresso IP.

8.2. User is not authorized to use this Site or any content, information or services made available on this Site for any purpose other than User’s private and non-commercial use. Any other use, including any reproduction, modification, distribution, transmission, public display or performance or broadcast of the Site or its elements is strictly forbidden. Except as expressly provided in these Terms of Use, nothing on this Site constitutes the grant of a license or other right in or to the Nespresso IP.

9. Links

9.1. This Site may contain hypertext links leading to other Internet sites. Nespresso is not responsible for such other sites or their contents, information or function and expressly disclaims any and all liability in connection with same.

9.2. The establishment of any hyperlink to this Site without the prior written consent of Nespresso is prohibited.

10. Miscellaneous

10.1. These Terms of Use embody the entire agreement between Nespresso and User concerning the use of this Site and the services made available on it and replaces and supersedes any prior agreement between them concerning the subject matter hereof.

10.2. Nespresso’s election in any instance to tolerate a violation by the User or not to enforce a right under these Terms of Use shall not constitute acceptance of such violation or a waiver of Nespresso’s rights in any other instance.

10.3. In the event that any provision of these Terms of Use is rendered void by law or regulation or held unenforceable by a court of competent jurisdiction, that provision shall be considered stricken, with all other provisions of these Terms of Use remaining in full force and effect.

10.4. Nespresso reserves the right, at its sole discretion, to modify these Terms of Use from time to time. Notice of a revision date may be indicated on these Terms of Use and visiting the Site thereafter shall constitute acceptance of the Terms of Use, as revised, which shall thereupon govern use of the Site and relations between Nespresso and User.

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

11. Applicable Law and Dispute Resolution

11.1. These Terms of Use as and Users’ relations with Nespresso with respect to the Site shall be governed by New York State law, without regard to its choice of law rules.

11.2. Except as otherwise provided, exclusive jurisdiction of any dispute, claim or litigation regarding this Site, the subject matter hereof or relations between User and Nespresso shall rest in the State courts of New York sitting in New York, New York or the U.S. District Court for the Southern District of New York, and each of Nespresso and User hereby consents to the personal jurisdiction of such courts and waives any objection based upon venue therein.

11.3. User and Nespresso agree that any legal proceedings between them will be conducted only on an individual basis and not in a class, consolidated, or representative action and waive any right to trial by jury in any proceeding in court.

11.4. Nothing in these Terms of Use shall prohibit Nespresso from bringing an action in any court of competent jurisdiction to obtain injunctive or other equitable relief to enjoin threatened or actual infringement or other misuse of Nespresso IP.

ORDERS:

BY TELEPHONE: 800.566.0571
BY INTERNET: WWW.Nespresso.COM/PRO

1. APPLICABILITY:
Each order placed directly with Nespresso® USA, inc. (“Nespresso®”) by means of the Nespresso® professional website shall be governed by these terms and conditions of sale (I) as they appear below and (ii) as they may be amended from time to time and appear at www.Nespresso.com/pro/us/en/legal-information at the time of sale (these “terms and conditions”). By purchasing products from the Nespresso® professional website (the “products”), the purchaser (“buyer”) confirms that the terms and conditions apply to buyer’s purchase of the products, regardless of the form or terms of buyer’s order. By using the Nespresso® professional website, you also accept and agree to be bound by our terms of use and privacy policy.

No course of prior dealings or performance between the parties or usage in the trade shall be relevant to supplement or explain any terms used in this agreement. No modification or waiver of these terms and conditions shall be binding upon Nespresso® unless approved by an authorized representative of Nespresso® in writing.

Purchase of Nespresso® products from third party retail locations or via third party websites are not covered by these general conditions of sale. Third party terms and conditions will apply to such sales, as applicable.

2. RETURNS AND RESALE:
Buyer has the right to return products within 30 days after its receipt of such products. Returned products must be in original condition, in the original packaging and accompanied by proof of purchase. Under no circumstances shall buyer re-sell any Nespresso® product.

3. SAFETY:
Buyer agrees to use Nespresso® machines in accordance with the machine user manual provided with the machines (the “manual”) and to clean, descale and perform the recommended services on machines as specified in the manual. Buyer will comply with all safety precautions indicated in the manual and, in event of any malfunction, will disconnect the machine and notify Nespresso®. For technical support, please call our support center at 800.566.0571.

4. LIMITED WARRANTY:
Nespresso® warrants each Nespresso® machine against defects in materials and workmanship for commercial use during the one (1) year period immediately following the purchase of such Nespresso® machine (the “warranty period”), which begins on the date of purchase by buyer. During the warranty period, Nespresso® will either repair or replace, at its discretion, any allegedly defective machine or part thereof at no charge to buyer upon submission of buyer’s submission of proof of purchase and sufficient evidence of the alleged defect. In the event of a machine or part being repaired or replaced during the warranty period, the warranty will be honored thereafter for the greater of the unexpired portion of the warranty period, or six (6) months from the date of replacement or repair. This warranty does not apply to any consequential loss or damage caused to other property or person arising from any cause whatsoever. It also does not apply to any repair or other service required to resolve problems resulting from (I) negligent or improper use of the equipment, (II) buyer’s failure to clean and maintain the equipment in accordance with these terms and conditions and the applicable Nespresso® manual, (III) use of the equipment with other than Nespresso® capsules or with any parts not provided or approved by Nespresso®, (IV) maintenance or servicing of the equipment by anyone other than Nespresso® or its certified service providers, or (V) any damage to the equipment, whether intentional or accidental, resulting from acts or omissions of buyer or any third party. Nespresso® reserves the right to charge buyer at its standard rates for any repair or other services performed to resolve problems resulting from any of the foregoing. The warranty does not cover the cost of claiming under the warranty.

This warranty is in lieu of all other warranties, express, implied or statutorily, including those of merchantability or fitness for any purpose not expressly set forth herein. No affirmation of Nespresso®, by words or action, other than as referenced in this section shall constitute a warranty.

To submit a warranty claim, please call our support center: 800.566.0571.

5. INDEMNIFICATION:
Buyer agrees to indemnify, release, defend and hold harmless Nespresso® and any of its affiliates, shareholders, officers, directors and employees from any claims, liabilities, demands or losses (including attorney fees) associated with buyer’s negligence, willful misconduct, breach of these terms and conditions or violation of applicable laws or regulations.

6. EXCLUSIVE USE OF Nespresso® PRODUCTS:
Buyer shall use only Nespresso® coffee capsules in the Nespresso® machines. Further, buyer shall use only Nespresso®-branded, buyer branded, or non-branded accessories in serving the Nespresso® coffee products.

7. CONFIDENTIALITY & DATA USE:
Each party acknowledges and agrees that any and all information of confidential nature regarding the other party including business strategy, service offerings, plans, projections, trade secrets and other financial and non-financial information, whether disclosed orally, in writing or by any other means, shall be kept confidential and not be disclosed to any third party. Each party may, in the ordinary course of business, come to possess names, addresses, email addresses, and/or phone numbers in relation to the other party or its personnel that are necessary for maintaining the business relationship (“business contact data”). Each party will ensure that it is legally entitled to permit the other party to process and use such business contact data for the purposes of these terms and conditions. Nothing in the foregoing limits Nespresso® from storing and/or processing buyer’s information, confidential or otherwise, on a worldwide basis, whether by Nespresso®, or its authorized service providers, for purposes of contract management, invoicing, providing services and other uses consistent with the purposes of Nespresso®’s relationship with buyer.

Some machines, including the Nespresso® momento, have an internal cellular modem that may securely connect to Nespresso® servers through the internet for enhanced functionality such as (a) updating software and firmware; (b) remote troubleshooting; (c) analyzing usage and machine status; and (d) syncing with buyers’ Nespresso® accounts for capsule reordering, machine monitoring, and other services. Functionality varies by market.

8. BRAND USAGE STANDARDS:
Active buyers (I.E., buyers that have placed an order for Nespresso® professional products in the prior six months) may use the trademarks, trade name and service marks owned by Nespresso® (the “Nespresso® marks”) only in strict conformity with the instructions Nespresso® may provide. Buyer does not acquire any right, title, or interest in and to any of the Nespresso® marks or associated goodwill. Buyer is responsible for ensuring that the use of Nespresso® products is consistent with the relevant standards adopted by Nespresso®, as communicated to buyer from time to time. If at any time the buyer becomes inactive, then it must cease use of the Nespresso® marks and return all Nespresso®-branded marketing collateral to Nespresso®.

9. MISCELLANEOUS:
These terms and conditions are governed by, and construed and enforced in accordance with, the laws of the state of delaware, without regard to its law governing conflict of laws. All disputes arising out of or in connection with your purchase and use of the products shall be settled by arbitration administered by the american arbitration association in accordance with its commercial arbitration rules. The place of the arbitration shall be New York, NY. The laws of the state of delaware shall apply to those proceedings. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Buyer and Nespresso® USA agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

For the avoidance of doubt, Nespresso® will not buy back any products under any circumstances. Buyer has no right to assign the pricing or benefits under these terms and conditions. Buyer cannot combine the pricing or benefits herein with any other offer, promotion, discount, or rebate without the express written consent of Nespresso®.

The obligations, rights, terms and conditions hereof shall be binding on buyer and its permitted successors and assigns. Facsimile signatures or other reliable means of authentication by which buyer signifies its assent to this agreement shall be effective to bind buyer to the terms hereof.

The waiver of any provision hereof or of any breach or default hereunder shall not be deemed a waiver of any other provision hereof or breach or default hereunder. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time.

Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction.

The several captions used herein are for the convenience of the parties only and shall not affect the construction or interpretation hereof. Any clerical errors are subject to correction.

10. LIMITATION OF LIABILITY:
Nespresso®'s liability for its products and services under all theories of liability shall be limited to replacing the products found by Nespresso® to be defective or reperforming the services found by Nespresso® to be deficient. At Nespresso®'s request, buyer will send, at buyer's sole expense, any allegedly defective products to Nespresso®. In no event shall Nespresso®’s liability arising in connection with or under these terms and conditions (whether under the theories of breach of contract, tort liability, misrepresentation, fraud, warranty, negligence, strict liability, or any other theory of law) exceed the purchase price of the products or services at issue. It is understood and agreed that buyer assumes all risks and liabilities resulting from the acceptance, handling, transport, storage, use and disposal of the products. Nespresso® neither assumes nor authorizes any person to assume for Nespresso® any liability in connection with the sale or use of the products or services.

11. DISCLAIMER OF DAMAGES:
In no case shall Nespresso® be liable for any special, incidental, consequential or punitive damages arising out of or in connection with these terms and conditions or the sale of products and services to buyer, whether based upon breach of contract or warranty, tort liability, negligence, strict liability, or any other legal theory. Consequential damages shall include, but are not limited to loss of profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, down-time, the claims of third parties, including buyers, and injury to property.

12. FORCE MAJEURE:
Nespresso® USA will make every reasonable effort to fulfill its obligations. However, Nespresso® cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes, pandemics or any others that make impracticable the production, transportation or delivery of products. In the event of delay, Nespresso® will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among buyers in a fair and reasonable manner.

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