Terms of Use | Privacy Policy | Nespresso USA

Last Updated: April 3rd 2024

Thank you for visiting the Nespresso USA, Inc. (“Nespresso USA”) website or using the Nespresso USA app. These Terms & Conditions (“Terms”) apply to your access and use of this website and other online or mobile products and services (collectively, the “Sites”) provided by Nespresso USA, our brands, and subsidiaries (“Nespresso,”“we,” or “our”). By visiting, viewing, or using the Sites, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree to these Terms, do not use the Sites.

If you have any questions about these Terms or the Sites, please contact us at here.

1. Modifying the Terms & Conditions
We may supply different or additional terms in relation to some of the Sites, and those different or additional terms become part of your agreement with us if you use those Sites. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Sites or updating the date at the top of these Terms. All modifications and additions to our products, services, or the Sites will be governed by the Terms, unless otherwise expressly stated by Nespresso in writing. You also have the right to stop using our products, services, or the Sites at any time, and you may terminate these Terms by ceasing use of our products, services, or the Sites.

2. Modifying the Sites
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may suspend or stop providing any of our products, services, all or portions of the Sites at any time. If you don’t like any changes, you can stop using the Sites at any time. We are not responsible for any loss or harm related to your inability to access or use the Sites.

3. Eligibility
You must be at least 18 years of age to use the Sites. You agree to be fully responsible for the acts or omissions of use in relation to the Sites. If you use the Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

4. User Accounts and Account Security
You may be able to register for an account to access certain features of the Sites, subject to agreeing to our Nespresso Account Terms & Conditions (“Nespresso Account Terms”). Only customers who register and agree to the Nespresso Account Terms are eligible for an account on the Sites. If you register for an account, you must abide by the Nespresso Account Terms, including with respect to maintaining account security. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If you believe that your account has been compromised at any time, please contact us here.

5. User Content
The Sites may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Nespresso.

You grant Nespresso and any future subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on the Sites, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others and will be treated as non-confidential. This license continues even if you stop using the Sites.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.

6. Prohibited Conduct and Content
You represent and warrant that you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Sites. Specifically, you represent and warrant that you will not:
- Use the Sites other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Sites, except as expressly permitted by us or our licensors;
- Modify the Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Sites;
- "Frame" our Sites or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from Nespresso;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop or use any third-party applications that interact with User Content or our Sites without our prior written consent;
- Use the Sites in a manner that could interfere with or damage, disable, overburden or impair the operation of the Sites or introduce to the Sites or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is non-confidential and that you have all necessary rights to disclose. You represent and warrant that you will not create, post, store or share any User Content that:
- Is known by you to be false, inaccurate or misleading;
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates or misrepresents your affiliation with any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Sites, or may expose Nespresso or others to any harm or liability of any type.

This Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such rules.

7. Ownership; Limited License
The Sites, including any text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by Nespresso or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors.

8. Trademarks
The trademarks, logos, characters, and service marks (collectively "Trademarks") displayed on the Site belong to Nespresso or are used with permission. Trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

9. Feedback
You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Nespresso, our products, or the Sites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Nespresso may treat Feedback as non-confidential.

10. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe any information on the Sites infringes your copyrights or applicable law, please contact Nespresso with the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the website;
3. Your email address or other contact information that is sufficient for us to contact you;
4. A statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you that the above information in your notice to Nespresso is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Notification must be submitted to the following Copyright Agent for this site in the manner described below:

By Mail:

Copyright Agent
Nestle USA
Attn: Legal Department/DMCA Notices
1812 N. Moore Street
Arlington, VA 22209

By Email:

DMCA.Notice[@]us.nestle.com

Also, please note that if you knowingly misrepresent that any activity or material on the Sites is infringing, you may be liable to Nespresso for certain costs and damages.

11. Third-Party Content and Hyperlinks
We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Nespresso does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is governed by the terms posted on those websites.

Links on the Nespresso websites may take you outside the Nespresso network and systems and Nespresso accepts no responsibility for the content, accuracy or function of these other third-party websites or mobile apps. The links are provided in good faith and Nespresso cannot be held responsible for any subsequent change in other third-party websites or mobile apps to which we provide a link. The inclusion of any link to other websites or mobile apps does not imply endorsement by Nespresso. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites or mobile apps that you visit.

12. Fitness, Nutrition, and Health Information
Information presented on Nespresso websites is intended to impart general fitness, nutrition, and health information. Nespresso is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites.

13. Indemnification and Limitation of Liability
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Nespresso and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Nespresso Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our products or Sites; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our products or Sites. You will promptly notify Nespresso Parties of any third-party Claims, cooperate with Nespresso Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Nespresso Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Nespresso or the other Nespresso Parties.

EXCEPT WHERE PROHIBITED, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES TO THE FULLEST EXTENT PERMITTED BY LAW. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES EXCEED THE AMOUNT YOU PAID USE TO USE THE APPLICABLE SITES IN THE PRECEDING TWELVE (12) MONTHS.

14. Disclaimer of Warranties and Release
Your use of the Sites is at your sole risk. Except as otherwise provided in a writing by us, the Sites and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Nespresso does not represent or warrant that the Sites are accurate, complete, reliable, current or error-free. While Nespresso attempts to make your use of the Sites and any content therein safe, we cannot and do not represent or warrant that the Sites or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Sites. Any advice 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 & Conditions.

15. Compliance with Export Laws
Additionally, software from the Sites may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Transfer and Processing Data
In order for us to provide the Sites, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

17. Dispute Resolution
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court. For purposes of this Section 12 (Dispute Resolution), “Nespresso” shall include its shareholders, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Nespresso WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If you and Nespresso have a Dispute (defined below), you and Nespresso agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. If you or Nespresso intend to initiate an arbitration proceeding, the initiating party must first send a verified notice (“Notice”) to the responding party that describes the Dispute. The Notice must include the initiating party’s name and contact information (address, telephone number, and email address), sufficient information to enable the parties to identify any transaction at issue; and a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation. If you have a Dispute with us, you must send this notice to USDisputeReso[@]us.nestle.com. If Nespresso has a Dispute with you, Nespresso will send this notice to the email associated with your Nespresso account or other email address you have provided to Nespresso. You and Nespresso will participate in an individual meet-and-confer in person or via teleconference or videoconference. The meet-and-confer will address only the Dispute between you and Nespresso. If you are represented by counsel, your counsel may participate in the meet-and-confer, but you will still need to be present for the meet-and-confer. Nespresso will participate through one of its representatives, and its counsel may also be present.

If the Dispute is not resolved within sixty (60) days after receipt of the Notice (which period can be extended by agreement of the parties), you or Nespresso may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process. If a party commences an arbitration without providing Notice and completing the informal dispute resolution process, that party will be responsible for any filing fees or other costs incurred in connection with such arbitration. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If the parties are unable to resolve the Dispute through the mandatory informal dispute resolution process, except as set forth below, all claims, controversies, or disputes between you and Nespresso will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes arising out of or relating to any aspect of the relationship between you and Nespresso, your access or use of our Site or any products or services offered by or purchased from Nespresso, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”). Dispute will be given the broadest possible meaning permitted by law. It includes claims that arose before this or any prior agreement or that arise after the termination of this agreement. The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights (but claims not related to infringement or other misuses or intellectual property rights but jointly submitted with claims to enjoin infringement or other misuse of intellectual property rights will be resolved only in arbitration). This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution section. This arbitration provision shall survive termination of this agreement. BY AGREEING TO THESE TERMS, AND UNLESS OTHERWISE PROVIDED, YOU AND Nespresso GIVE UP THE RIGHT TO BRING AND PROSECUTE ANY DISPUTES IN A COURT OF LAW OR BEFORE A JURY AND GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, in favor or against only the parties to the arbitration and only to the extent necessary to provide the relief warranted by the party’s individual claim, including injunctive and declaratory relief or statutory damages. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding. The arbitrator must follow these Terms as a court would. The arbitrator may not consider any prior settlement offers in making the decision. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals.

We agree that the arbitration will be administered by the American Arbitration Association (“AAA”), adr.org. (If the AAA is unavailable or unwilling to administer arbitrations consistent with this Dispute Resolution section, another arbitration provider shall be selected by the parties that will administer arbitrations consistent with this Dispute Resolution section. If the parties cannot agree on a provider, one shall be selected by the court and that provider will administer any arbitration consistent with this Dispute Resolution section.). To begin an arbitration proceeding, after satisfying the condition precedent identified above, you must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of your claims, and (b) the nature and basis of the relief sought, including a detailed calculation to: Dispute Resolution at USDisputeReso[@]us.nestle.com, and (2) contact the AAA and follow the appropriate procedures with the AAA to commence the arbitration. Nespresso must do the same to begin an arbitration proceeding, except that it will send the demand for arbitration to the email address associated with your Nespresso account or other email address you have provided to Nespresso. The AAA consumer rules for arbitration will apply as modified by this Dispute Resolution section. Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. Either party may, but is not obligated to, make a written settlement offer to resolve a Dispute. If an arbitration decision or award is later issued that is less favorable than the last written offer of settlement that a party did not accept, then that party must pay all reasonable costs and fees—including arbitration fees—incurred by the offering party after the written settlement offer was made. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location as set forth in the AAA rules. If requested, you shall personally appear (with your counsel if you have one) at an initial telephone conference with a case manager before an arbitrator is appointed. Notwithstanding anything to the contrary, Nespresso will pay all fees and costs that we are required by law to pay.

AS SET FORTH ABOVE, WE EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE FULLEST EXTENT PERMITTED BY LAW. A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. You and Nespresso may participate in a classwide, collective, and/or representative settlement of claims. Specifically, and notwithstanding anything to the contrary in this Section 17 (Dispute Resolution), the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

Special Additional Procedures for Mass Arbitration: If twenty-five (25) or more similar claims are asserted against a party by the same or coordinated counsel or are otherwise coordinated, you and Nespresso understand and agree that the resolution of the Dispute might be delayed. You and Nespresso also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Nespresso shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands.

Future Changes to Dispute Resolution Section: Notwithstanding any provision to the contrary, if Nespresso makes any future changes to this Dispute Resolution section (other than a change to the mailing or email address), you may reject any such change by sending Nespresso written notice within thirty (30) days of the change to the address provided above. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution section.

18. Governing Law and Venue
Any dispute arising from these Terms and your use of the products or Sites will be governed by and construed and enforced in accordance with the laws of Delaware except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States.

19. SMS Program
This section applies to you if you choose to participate in Nespresso’s short message service program (“SMS Program”). By participating in the SMS Program, you agree to receive recurring automated promotional and personalized marketing text messages from Nespresso, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other phone number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

Message and data rates may apply to any messages sent to you from us and to us from you. Message frequency will vary. Nespresso reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Nespresso also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas.

Cancellation. You can cancel your participation in the SMS Program at any time. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following reply: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

Help. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you text HELP to the short code, we will respond with our customer care information.

Customer Care. If you are experiencing any problems with the SMS messaging service, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com

20. California Notice
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

21. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

22. Miscellaneous
The failure of Nespresso to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. All notices from Nespresso to you will be deemed delivered and effective when sent to the e-mail address you provide to us (if you do provide your email address to us).

1. Applicability of General Conditions of Sale
1.1 Each order placed directly with Nespresso USA, Inc. (“Nespresso USA”) by means of the Nespresso USA website, the Nespresso USA app, through Nespresso USA’s Customer Service Center, or at Nespresso USA’s retail boutique locations shall be governed by these General Conditions of Sale. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these General Conditions of Sale.
1.2 These General Conditions of Sale apply only to sales in the United States of America. International orders are not available via the Nespresso USA website, Nespresso USA app, or Nespresso Customer Service Center.
1.3 Nespresso USA reserves the right, at any time, to modify these General Conditions of Sale by posting a new dated version on this website or app, as applicable.
1.4 By using the Nespresso USA website or Nespresso USA app, you also accept and agree to be bound by our Terms of Use and acknowledge our Privacy Policy. Nespresso USA invites you to read them carefully before using the services provided on this website or app, as applicable. Unless otherwise stated in other applicable terms and conditions, these Conditions of Sale, the Terms of Use and Privacy Policy govern to the exclusion of any conflicting terms.
1.5 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. Customer Registration
2.1 You may be able to register for an account on the Nespresso USA website or Nespresso USA app, subject to agreeing to our Nespresso Account terms and conditions (“Nespresso Account Terms”). Only customers who register and agree to the Nespresso Account Terms are eligible for an account on the Nespresso USA website or Nespresso USA app. Customers who register and agree to the Nespresso Account Terms may be eligible for certain benefits. See the Nespresso Account Terms for details.

3. Guest Checkout
3.1 Customers without an account may place an order on the Nespresso USA website or Nespresso USA app as a guest. 3.2 Certain limitations regarding accessing order history or other benefits available to customers with registered accounts may apply to guest purchases.

4. Orders
4.1 By placing an order through the Nespresso USA website, Nespresso USA app, or through the Nespresso USA Customer Service Center, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nespresso USA on its website, Nespresso USA app, through the Nespresso USA Customer Service Center, and at Nespresso USA’s retail boutique locations are subject to monthly maximum quantity limitations, which are set at Nespresso USA’s sole discretion.
4.3 Nespresso USA offers its products within the limits of its available stocks.
4.4 The unauthorized resale of Nespresso products is strictly prohibited. Customers found to have engaged in the unauthorized resale of Nespresso products shall have their accounts immediately terminated.

5. Order Confirmations
5.1 The order you place on the Nespresso USA website, Nespresso USA app, or through Nespresso USA’s Customer Service Center is not confirmed until Nespresso USA transmits an order confirmation by e-mail.
5.2 Nespresso USA reserves the right to refuse orders for any reason or no reason at all.
5.3 The order confirmation, including payment information, transmitted by Nespresso USA constitutes full proof of the order and the entire transaction.

6. Prices and Delivery Charges
6.1 The prices payable for the item(s) you order are those displayed on the Nespresso USA website or Nespresso USA app, as applicable, on the date you place your order (as set out in the order confirmation), but excluding any applicable delivery charges.
6.2 Delivery charges will be billed at the rates indicated on the Nespresso USA website or Nespresso USA app, as applicable, on the date you place your order (as set out in the order confirmation).
6.3 Nespresso USA reserves the right to modify its prices and delivery charges at any time and to cancel an order in case of writing, printing or calculation errors.

7. Delivery
7.1 All orders confirmed by Nespresso USA will be delivered to the delivery address you specify when placing your order. Delivery tracking may be available in certain locations through Nespresso USA or third party delivery vendors. The phone number you provide may be used to notify you of delivery and/or may be visible on the outside of the package delivered.
7.2 Nespresso USA does its utmost to ensure deliveries in the timing shown on the delivery option selected and set out in the order confirmation, but does not guarantee delivery times.
7.3 Deliveries can only be made to locations in the United States of America.

8. Verification of Merchandise
8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
8.2 In case you observe damaged or missing items, you must inform Nespresso USA within 7 days after the delivery. Nespresso USA may in such case provide you with identical replacement merchandise in its discretion and may request additional information to support your claim.

9. Returns
9.1 Machines and accessories purchased directly from Nespresso USA can be returned within 30 days from the date of purchase or delivery (if such delivery date is verified through a delivery receipt). The machine must be in its original packaging, and you must include all relevant invoices and/or receipts with your return.
9.2 Unopened coffee sleeves purchased directly from Nespresso USA can be returned within 30 days after receipt from purchase or delivery (if such delivery date is verified through a delivery receipt). All relevant invoices and/or receipts must be included with your return. Individual capsules and opened coffee sleeves are not eligible for return, except in very limited circumstances as approved by Nespresso USA.
9.3 Purchases made via the Nespresso USA website, Nespresso USA app, through the Nespresso Customer Service Center, or at a Nespresso USA retail boutique location may be returned to the Nespresso address shown on the packing slip received with the merchandise. If the packing slip is not available or assistance is required, a return may be initiated by calling the Nespresso Customer Service Center. The return postage will be at your expense.
9.4 Once a properly completed return has been received by Nespresso USA, Nespresso USA will refund you the purchase price (excluding shipping costs) of the returned merchandise no later than thirty (30) days after Nespresso USA receives such returned merchandise. Nespresso USA will reimburse your purchase price (excluding shipping costs) for the merchandise in the original form of payment. In certain circumstances involving cash payment, in-store credit, Nespresso gift card, or returned gift merchandise, Nespresso may instead offer account or in-store credit. Incomplete returns will not be processed.

IMPORTANT: Any Nespresso machine, equipment, or coffee purchased at a third-party retail store or from a third-party website must be returned to the original store or site from which it was purchased, and is subject to such third-party return policies.

10. Limited Machine Warranty
10.1 Each machine purchased directly from Nespresso USA, either via its website, app, Customer Service Center, or at a Nespresso USA retail boutique location, comes with a minimum one-year limited warranty; certain machines may be covered up to two years. Detailed warranty information is included in the applicable user manual delivered with the machine. Warranty information for a machine is also available prior to purchase on the Nespresso USA website, Nespresso USA app, at Nespresso USA’s retail boutique locations, or by request from the Nespresso USA Customer Service Center.
10.2 The limited warranty provided is valid only in the United States of America.
10.3 Except to the extent allowed by applicable law, the terms of the limited warranty do not exclude, restrict or modify the mandatory statutory rights applicable to the sale of this product and are in addition to those rights. If you believe your product is defective, contact Nespresso USA for instructions on how to proceed with a repair or exchange.
10.4 Machines that are co-branded with another company, or that are purchased via a third party retail location or third party website, may have different warranty coverage. Please consult the third party company or machine user manual for details.

11. After-Sales Service
11.1 If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact Nespresso USA via our website or by telephone for advice and assistance.
11.2 If your machine problem cannot be resolved via remote assistance, Nespresso USA offers a series of advantageous after-sales service options. Please contact Nespresso USA for detailed information here.

12. Limitation of Liability
12.1 The photographs and texts illustrating and describing the products on the Nespresso USA website and Nespresso USA app are non-contractual and for information purposes only. Nespresso USA shall not be liable in case of errors or omissions in the photographs or texts displayed on this website or app, as applicable.
12.2 Without limiting the scope of these General Conditions of Sale, 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 arc claimed. IN NO EVENT SHALL Nespresso USA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE POSSIBILITY OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY Nespresso USA), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE OR APP, AS APPLICABLE.

13. Force Majeure
13.1 Nespresso USA will make every reasonable effort to fulfill its obligations. However, Nespresso USA cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
13.2 In the event of delay, Nespresso USA 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.

14. Applicable Law and Dispute Resolution
14.1 These Conditions of Sale 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 Nespresso products shall be settled according to the dispute resolution procedure and other terms set forth in Section 17 (“Dispute Resolution”) of the Nespresso Terms of Use.

15. Nespresso AutoReplenish
15.1. 'Nespresso AutoReplenish' allows you to reorder and pay for your Nespresso capsules automatically based on a chosen frequency.
15.2 These General Conditions of Sale apply to any order placed through Nespresso AutoReplenish. In the event of a conflict between these General Conditions of Sale and the terms related specifically to Nespresso AutoReplenish, the terms and conditions related to Nespresso AutoReplenish will prevail.
15.3 Nespresso AutoReplenish details are available here.

16. Gift Cads
16.1 Nespresso gift cards, including digital gift cards (together“Gift Cards”), are subject to the following terms and conditions. These terms are subject to change without notice. Visit www.Nespresso.com/us/en , for current, terms, conditions, and limitations. Purchase, acceptance, or use of a Gift Card constitutes acceptance of these terms.
16.2 Gift Cards are redeemable in person at any U.S. Nespresso Boutique, online at Nespresso’s U.S. website (www.Nespresso.com/us/en), or by calling the Nespresso Customer Service Center at 1-800-562-1465. There is no expiration date on Gift Cards. Gift Cards may be redeemed in the 50 U.S. states and D.C. only. Gift Cards may be redeemed over multiple transactions totaling up to the initial value loaded on the Gift Card, and purchases may be made using the Gift Cards in conjunction with other accepted payment methods. Not redeemable for purchase of Gift Cards. 16.3 To use a Gift Card at a U.S. Nespresso Boutique, present the Gift Card or provide the Gift Card code to the Nespresso assistant when making a purchase. To use a Gift Card at Nespresso’s U.S. website, enter the Gift Card code at checkout. To use a Gift Card by calling the Nespresso Customer Service Center, provide the Gift Card code when asked for payment. If the Gift Card you redeem is a higher value than your selected purchase, (1) if you are logged in to your Nespresso Account or provide your Nespresso Account details when making a purchase, your remaining Gift Card balance will be added to your Nespresso Account and automatically available to be selected as a payment method for future purchases until the gift card value is exhausted, or (2) if you checkout as a guest or do not provide your Nespresso Account details when making a purchase, your remaining Gift Card balance will stay on your Gift Card and be available for future purchase, redeemable using one of the methods described above. If your Gift Card value is only sufficient for a part of your purchase, you will need to provide another accepted payment method for the balance of the purchase amount.
16.4 Unless required by law, Gift Cards cannot be exchanged for cash, are non-refundable, cannot be replenished or reloaded, and do not entitle Gift Card holder to any discount. Gift Card holder is responsible for the use of the Gift Card. No replacement if lost, stolen, damaged, destroyed, or used without permission. Title to and risk of loss for Gift Cards pass to the recipient upon delivery (e.g., email of the Gift Card code). Nespresso USA, Inc. and its affiliates reserve the right to refuse to accept Gift Cards (including any Gift Card code) that are suspected or believed to have been obtained fraudulently, and to pursue any other legal rights or remedies that may be available. Gift Cards are provided on an “as is” basis, and Nespresso USA, Inc. disclaims all warranties of any kind related to the Gift Cards, including warranties specified in the Terms of Use and Conditions of Sale. For promotional Gift Cards and promotional offers, the terms stated on the related promotional messaging will apply (including any expiration dates or additional restrictions) instead of these Gift Cards terms. To inquire about your account/balance, visit your Account page at Nespresso.com or call 1-800-562-1465. Card issued by Nespresso USA Inc. Effective April 3 2024.

Effective October 30 2024
Nespresso USA, Inc.

Nestlé Nespresso SA

Chaussée de la Guinguette 10

CH-1800 Vevey

Switzerland

Nespresso USA supports the goals of the California Transparency in Supply Chains Act of 2010 and strives to be examples of good human rights and labor practices throughout our business activities. The Nestlé Corporate Business Principles are at the basis of our company’s culture, which has developed over the span of 140 years. Since Henri Nestlé first developed his successful infant cereal “Farine Lactée”, we have built our business on the conviction that to have long-term success for our shareholders, we not only have to comply with all applicable legal requirements and ensure that all our activities are sustainable, but additionally we have to create significant value for society.

Nestlé’s actions in this area include the following:

1. Product Supply Chains / Suppliers

In The Nestlé Corporate Business Principles, Nestlé commits to foster responsible practices in our supply chain. The Nestlé Supplier Code , which is accepted by our suppliers, helps to implement this commitment and establishes non-negotiable minimum standards for Nestlé suppliers in the areas of Health and Safety, Labor Standards, Business Integrity, and the Environment.

Nestlé is also a member of Sedex (Supplier Ethical Data Exchange), a not for profit membership organization dedicated to driving improvements in responsible and ethical business practices in global supply chains. Sedex is currently being used by a number of leading retailers and brand manufacturers and over 15,000 sites are registered on Sedex. More information can be found at www.sedexglobal.com .

Nestlé maintains a partnership with the Fair Labor Association (FLA), a non-profit multi-stakeholder initiative that works with major companies to improve working conditions in their supply chains. We invited the FLA to examine our cocoa supply from Côte d’Ivoire, the world’s largest exporter of cocoa, and their report was issued in June 2012. More information and Nestlé’s action plan in response to the report can be found at www.nestle.com .

2. Supplier Audits

Nestlé reserves the right to verify our Supplier’s compliance with the Nestlé Supplier Code. Nestlé confirms compliance with the Nestlé Supplier Code through either a combination of third party certifications or a Responsible Sourcing Audit conducted by a third party.

In the event that Nestlé becomes aware of any actions or conditions not in compliance with the Nestlé Supplier Code, Nestlé reserves the right to demand corrective measures. Nestlé reserves the right to terminate an agreement with any supplier who does not comply with the Nestlé Supplier Code.

3. Human Rights in our business activities

As indicated in the Nestlé Corporate Business Principles, Nestlé fully supports the United Nations Global Compact’s (UNGC) guiding principles on human rights and labor, and aim to provide an example of good human rights’ and labor practices throughout our business activities.

4. Code of Business Conduct

Since the Company was founded, Nestlé’s business practices have been governed by integrity, honesty, fair dealing and full compliance with all applicable laws. Nestlé employees worldwide have upheld and lived this commitment in their everyday responsibilities ever since, and Nestlé’s reputation remains one of the Company’s most important assets today.

The Nestlé Corporate Business Principles prescribe certain values and principles which Nestlé has committed to worldwide. This Code of Business Conduct specifies and helps the continued implementation of the Nestlé Corporate Business Principles by establishing certain nonnegotiable minimum standards of behavior in key areas.

5. Employee Training

The new version of The Nestlé Corporate Business Principles was provided to each of our 280,000 employees globally by the end of 2010 and accompanied by learning and training tools. Employees were asked to acknowledge that they had received and read The Nestlé Corporate Business Principles.

As of 2011, a modular training program was rolled out on the various components of the Nestlé Corporate Business Principles. The depth and focus of the trainings was established in accordance with the materiality for the different functions within the company.

The Nestlé Corporate Business Principles will continue to evolve and adapt to a changing world. Our basic foundation is unchanged from the time of the origins of the company, and reflects the basic ideas of fairness, honesty, and a general concern for people.

1. Agreement to Terms and Conditions. These terms and conditions (“Program Terms and Conditions”) govern your agreement with Nespresso USA, Inc. (“Nespresso USA”) for the Nespresso Machine Plan purchased by you. By choosing to purchase a Nespresso Machine Plan you accept and agree to be bound by these Program Terms and Conditions. These Program Terms and Conditions shall apply in addition to the Nespresso.com Legal Notices, each of which is incorporated herein by this reference and made a part hereof and can be accessed at https://www.Nespresso.com/us/en/legal.

2. Eligibility. Nespresso Machine Plans are available to legal U.S. residents with a shipping address in the 50 United States, the District of Columbia, or Puerto Rico (no P.O. Boxes), who are at least 18 years old. There is a limit of 1 Nespresso Machine Plan per person.

3. Monthly Payment for Nespresso Credits. You agree to purchase the dollar value of Nespresso credits associated with your selected Nespresso Machine Plan for a period of 12 months beginning on the date of your first monthly payment (“Term”). Each of these payments is your “Monthly Payment.” The Monthly Payment may be made by Credit Card. Each subsequent Monthly Payment will be payable every month on or about the same day of the month on which you originally purchased and registered for your Nespresso Machine Plan. You authorize Nespresso USA to charge your Credit Card automatically for each Monthly Payment in accordance with the payment terms set forth herein and in accordance with applicable law.

4. $1 Machine Payment. To initiate the Nespresso Machine Plan, you agree to pay the first Monthly Payment plus $1 (the “Promotional Payment”). Tax applies on $1 that you pay for the machine.

5. Duty to Pay. It is your duty to ensure that your Credit Card is valid and current at all times during the Term. If, for any reason, Nespresso USA is unable to charge your Credit Card it will notify you of such nonpayment. If you fail to make any Monthly Payment within 7 days of such notice, you are in breach of these Program Terms and Conditions and Nespresso USA has the right to interpret this as cancellation pursuant to Section 10.

6. Registering for the Plan. In order to purchase a Nespresso Machine Plan, you must create an account by visiting www.Nespresso.com/us/en and complete the checkout process. You are responsible for maintaining the confidentiality of your account and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person. Nespresso USA is not responsible for third party access to your account that results from misappropriation or unauthorized use of your account.

7. The Nespresso Machine. The Nespresso machine purchased with your Nespresso Machine Plan will be shipped to you within 1-3 days of your first Monthly Payment and the Promotional Payment. You may not upgrade or change your selected Nespresso Machine Plan, including your Nespresso machine once purchased.

8. Nespresso Credit. Your Monthly Payment will appear as Nespresso credits in your account. Allow 3-5 business days for Nespresso credits to appear in your account. You will not receive Nespresso credits for the Promotional Payment. Your Nespresso credits accrued under the Nespresso Machine Plan do not expire. Nespresso credits may only be redeemed on Nespresso.com, may not be redeemed on international orders or via any other retailer or website other than on Nespresso.com, are not redeemable for cash unless required by law, may not be transferred, and may not be used toward the purchase of additional Nespresso credits. You can check your current balance of Nespresso credit by logging into your account on www.Nespresso.com.

9. Cooling Off Period. For a period of 14 calendar days following delivery of the Nespresso machine (“Cooling Off Period”), you have the right to terminate your Nespresso Machine Plan for any reason. To terminate this Agreement during the Cooling Off Period, contact Nespresso’s Customer Relationship Center at 800-562-1465 (OriginalLine) or 877-964-6299 (VertuoLine) and return the Nespresso machine and any product you have redeemed using Nespresso credits to Nespresso USA within 7 days following the Cooling Off Period. You must return the Nespresso machine clean and in good working condition, any capsule sleeves unopened, and/or accessories or product purchased as part of your Nespresso Machine Plan. If you do not, Nespresso USA may deduct from the refund the diminished value of the Nespresso machine and/or any product. Such cancellation will be effective upon Nespresso USA’s receipt of the Nespresso machine. Upon such cancellation, all payments received from you, including delivery charges, shall be returned to the Credit Card on file except for (i) supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery available during checkout, and (ii) deductions due to diminished value of the Nespresso machine and/or other product redeemed with Nespresso credits hereunder, which deductions shall be determined in Nespresso USA’s sole and absolute discretion. Nespresso USA will issue the applicable refund no later than 14 days after it has received the Nespresso machine and product. Nespresso USA will refund you using the same method of payment as you used to pay for the Nespresso Machine Plan. You will not incur any fees as a result of the refund. If you cancel before the Nespresso machine and any product has been shipped to you, termination will be effective upon your notice to Nespresso USA and Nespresso USA will issue the refund within 14 days of cancelation.

10. Cancellation After the Cooling Off Period. If you wish to cancel the Nespresso Machine Plan after the Cooling Off Period and before all Monthly Payments are made, you may do so by contacting Nespresso’s Customer Relationship Center at 800-562-1465 (OriginalLine) or 877-964-6299 (VertuoLine). Upon such cancellation, you will be required to pay a cancellation fee based upon the day you cancel and the total Monthly Payments throughout the Term as follows:

Time of Cancellation (Day)	Cancellation Fee (Percentage of Total Monthly Payments throughout the Term)
15-90	33%
91-180	25%
181-270	17%
271-335 days	8%
336+ days	0

By way of example, if your total Monthly Payments for the Term is $420 and you cancel on day 92 of your Nespresso Machine Plan, you will owe a cancellation fee of $105 (25% of 420). Notwithstanding the foregoing, you will keep the Machine and you will be able to use your Nespresso credits issued prior to the date of cancellation. You agree to pay reasonable costs of collection and attorney’s fees as may be necessary.

11. Pausing your Nespresso Machine Plan. You have the right to pause your Monthly Payments for up to 3 months without charge by contacting Nespresso USA’s Customer Relationship Center at 800-562-1465 (OriginalLine) or 877-964-6299 (VertuoLine). Upon conclusion of the paused period, your Monthly Payments will automatically resume. During the paused period, you can still redeem your Nespresso credits.

12. Termination by Nespresso USA. At any time and for any reason, or for no reason, Nespresso USA may terminate, modify, or pause this Nespresso Machine Plan program by notification to you of such termination. Upon such notification, your Credit Card will not be charged for any remaining Monthly Payments and no further Nespresso credits will be issued pursuant to these Program Terms and Conditions.

IMPORTANT: These requirements affect your legal rights, so please read these Terms & Conditions carefully.

Last Updated: April 3rd, 2024

By participating, each time you access Nespresso.com or the Nespresso Mobile App (collectively, "Nespresso Digital Platforms") or create an account, you agree to be bound by and comply with these Terms & Conditions ("Terms"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for other products and services. In addition, these Terms complement and incorporate by reference the Nespresso Terms of Use. To the extent there are conflicts between these Terms and the Nespresso Terms of Use, these Terms will control with respect to the registered account customers.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy. Certain U.S. states also require us to provide additional disclosures related to "financial incentives” or “bona fide loyalty programs,” as those terms are defined under applicable state privacy laws. Please see our Notice of Financial Incentives for this additional information.

BY CREATING AN ACCOUNT AND DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS ARE SUBJECT TO THE MANDATORY ARBITRATION PROVISION IN SECTION 17 OF THE TERMS OF USE.

1. SPONSOR
Nespresso USA, Inc., 111 W 33rd St, 5th Floor, New York, NY 10120 ("Nespresso", "our", "we", or "us").

2. OVERVIEW OF Nespresso ACCOUNT CREATION
Through the Nespresso Account creation Terms ("Terms"), registered customers ("Registered Customers", "you", or "your") may receive certain Benefits during the described below, subject to these Terms.

3. MODIFICATION
Nespresso reserves the right to revise or change these Terms at any time (including modifying, altering, adding, or deleting Benefits, delivery methods and conditions for active enrollment, participation, and eligibility) and these changes may affect the value of the Benefits. We may provide you with notice in advance of the suspension or discontinuation of all or part of the Benefits, such as by sending an email or providing a notice through the Nespresso Digital Platforms. All modifications and additions to the Benefits will be governed by the Terms, unless otherwise expressly stated by Nespresso in writing. You also have the right to terminate your enrollment to this Terms at any time by contacting us according to Section 5 below. We are not responsible for any loss or harm related to your inability to access or participate in the account creation benefits.

4. PERIOD AND ELIGIBILITY
Period: Nespresso reserves the right to shorten, extend, suspend, modify, terminate, or cancel the benefits or any element thereof, at its discretion, at any time. Any unused Benefits will be void and forfeited without compensation, the benefits will no longer be available, and no further liability will be owed to any Registered Customer or any other person or entity.

Eligibility: To be eligible to participate in the benefits, you must (a) be a resident of the 50 United States or District of Columbia; (b) be at least 18 years of age (or the age of majority in your jurisdiction of residence, whichever is older); and (c) open and maintain an online account ("Registered Account") on the Nespresso Digital Platforms.

You may only have one Registered Account. Your Registered Account may not be assigned, transferred, or shared with family or friends, and your Registered Account and associated Benefits are not intended for purchasing items for resale. The benefits are provided to individual Registered Customers, not a company, commercial entity, reseller, or other entity, and a company or other entity may not direct, encourage, benefit from, or allow individuals to participate for anything other than individual, personal use, and any such activities will result in the loss of all Benefits without compensation and such ineligible individuals may be disqualified permanently, at Nespresso’s discretion.

5. REGISTRATION
To create an account, complete the following steps:
a. Go to the Nespresso.com website or Nespresso Mobile App;
b. Click on the “Sign In / Create Account” link, followed by the “Create Account” button;
c. Enter your information, following the instructions; and
d. Click continue to agree to these Terms.

Upon verification, Registered Customers will have a Registered Account. A Registered Account must be and remain in good-standing for the Registered Customer to receive and redeem Benefits associated with that Registered Account. Registered Account "in good-standing" means, among other things, that the Registered Account has not been subject to any inquiry for fraud or other suspect activity, all associated Benefits are received by valid means, and the Registered Account is maintained by an eligible Registered Customer, all pursuant to and in compliance with these Terms. Purchases made prior to account registration are not eligible for Benefits.

Nespresso is not responsible for any incorrect or inaccurate information supplied by Registered Customers. Each Registered Customer is responsible for all usage or activity in their Registered Account and all information, passwords, and access in connection therewith. Fraud or abuse relating to registration, providing personal information, participation, or Benefits is a violation of these Terms. In connection with your Registered Account, you agree that: (i) you will provide true, accurate, current, and complete information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (ii) you are solely responsible for all activities that occur under your Registered Account - whether or not you authorized the activity; (iii) you are solely responsible for maintaining the confidentiality of your Registered Account and for restricting access to your personal computer, mobile phone, or other device so that others may not access your Registered Account using your name, or password; (iv) you will immediately notify us of any unauthorized use of your Registered Account, password, or any other breach of security by contacting us using the "Contact" feature on Nespresso.com; and (v) you will not sell, transfer, or assign your Registered Account. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third-party arising from your inability or failure for any reason to comply with any of the foregoing obligations. Registered Customers are solely responsible for any fraudulent use that may occur due to the theft of or sharing of their Registered Account and related information.

If any information that a Registered Customer provides, or if we have reasonable grounds to suspect that any information provided, is false, inaccurate, outdated, incomplete, or violates these Terms or any applicable law, then we may void all Benefits at our discretion. We also reserve the more general and broad right to terminate your Registered Account or suspend or otherwise deny you access to your Registered Account or Benefits, at our discretion, and without advance notice, obligation, or liability.

Limit one Registered Account per email address. A Registered Customer may not: (a) activate or use more than one Registered Account, name, or email address; (b) use the name of another person without authorization of that person; (c) use a false or misleading name, address, or email address in connection with their Registered Account; or (d) present or supply false or misleading information. Duplicate Registered Accounts are subject to cancellation, and any related Benefits will be forfeited. If a Registered Customer allows their Registered Account to be used or accessed by multiple persons within their same household, Registered Customer agrees to ensure such use is in compliance with and subject to these Terms and assumes all responsibility and liability thereof. Registered Customers must keep all Registered Account information current at all times. Registered Customers may update their Registered Account by logging into the “My Account” section of the Nespresso Digital Platforms.

If there is a dispute over the identity of a Registered Customer, the owner of the Registered Account will be deemed to be the authorized account holder of the email address associated with the Registered Account. "Authorized account holder" is defined as the natural person who is assigned to an email address by an internet service provider, on-line service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning the email address or the domain associated with the email address submitted.

You may terminate your enrollment at any time by going to Nespresso.com and using the "Contact" form available to request that we deactivate your Registered Account and delete any personal data that we have collected from or about you. We will respond to your deletion request within 7 days of receipt of your request to terminate enrollment.] By terminating enrollment, all of Registered Customer's Benefits will be immediately forfeited.

6. BENEFITS
Registered Customers are eligible for the following benefits (each, a “Benefit”), each of which are subject to restrictions and limitations as noted. Benefits have no cash value, are non-transferable, and are only redeemable through the Nespresso Digital Platforms. Registered Customers are responsible for all applicable federal, state, and local taxes associated with any Benefit.

• Account registration welcome offer
New Registered Customers will receive a welcome offer Benefit to use in connection with their Registered Account on the Nespresso Digital Platforms. The applicable welcome offer and any terms applicable to the welcome offer additional to these terms, such as minimum purchase requirements, will be provided to the new Registered Customer. This Benefit only available for new Registered Customers and is not applicable to existing Registered Customers at the start of the benefits Period. This Benefit may expire This Benefit cannot be applied as a credit and is not valid for towards gift cards or previously-purchased products. This Benefit cannot be combined with other discounts or promotions or when redeeming a gift card. Registered Customers must pay applicable sales tax.

• Free shipping for certain purchases
Registered Customers will receive free standard ground shipping for purchases on the Nespresso Digital Platforms over the amount specified in the Shipping and Returns policy.

REFERRAL REWARDS
Registered Customers can earn Rewards (defined below) by sharing a referral Code (defined below) with their friends, family, or colleagues who use the code to make purchases, in each case in accordance with these Terms. Purchases made using the Code may be subject to special offers and conditions as specified on the Referral Rewards page.

Eligibility: Only Registered Customers who have made a coffee purchase on the Nespresso Digital Platforms are eligible to participate and earn Rewards. After making your first coffee purchase, you can expect to see your Code (defined below) in your Registered Account within about 24 hours. Employees of Nespresso and its affiliates, employees of already discounted partners, or purchases placed using Nespresso Professional accounts are not eligible for Referrals (defined below) or Rewards.

How to Participate: To receive a Reward, eligible Registered Customers must complete each of the following steps (together, a "Referral"):
1. Log in to your registered Nespresso Registered Account.
2. Click on Referral Rewards section on your My Account page. The Referral Rewards feature will provide you with a personalized, unique referral code (“Code”).
3. Share your Code with your friends, family, or colleagues who are (a) personally known to you, (b) legal residents of the 50 United States or District of Columbia, and (c) at least 18 years of age (or the age of majority in their jurisdiction of residence, whichever is older). Additional terms and conditions for eligibility for Referrals may apply as specified on the Referral Rewards page. You must comply with the “Representations and Warranties” below when making a Referral, including disclosure of your incentivized connection with us.
4. Your friend enters your Code at checkout while completing the purchase of a Nespresso product as specified on the Referral Rewards page. We will determine in our discretion whether the purchase meets the conditions required to be eligible as a Referral.
5. After your friend completes the purchase, we make the relevant shipment, and we will verify the eligibility of the Referral, we will notify you of your Reward.
Referrals are subject to verification by us. We may ask you or your friend to complete other reasonable requests during verification. You will not receive your Reward until verification is complete.

LIMIT: Only 10 Rewards may be earned per Registered

Representations and Warranties: You represent and warrant that:
1. You satisfy all of the eligibility requirements in the Terms;
2. You will only solicit Referrals of people who are (a) personally known to you, (b) legal residents of the 50 United States or District of Columbia, and (c) at least 18 years of age (or the age of majority in their jurisdiction of residence, whichever is older);
3. You will disclose your connection with Nespresso and the Reward to potential purchasers (e.g., “If you make a Nespresso purchase using my Code, I will get a reward from Nespresso”); and
4. You will not engage in any of the prohibited activities listed below:
a) Use multiple accounts, including with different email addresses, in order to generate additional Rewards;
b) Enter into any agreement with any third party that compensates the third party for promoting your Code or obtaining Referrals;
c) Solicit Referrals using mass forms of communication including unsolicited bulk emails or other messaging formats (spam), display or paid advertising, sponsored links, or links on message boards or forums;
d) Distribute your Code via SMS or text message;
e) Use false names, impersonate other people, pretend that one person is two or more separate people, seek to refer yourself, or otherwise provide false or misleading information or engage in deceptive acts in connection with Referrals or Rewards;
f) Engage in any fraudulent, abusive, illegal, unfair, misleading, or deceptive activity in connection with Referrals or Rewards (including, for example, using any technique that generates paid search results based on any trademarks of Nespresso, any brand name of Nespresso, or based on the trademarks or brand name of any competitor of Nespresso, or any other third party);
g) Violate any applicable laws, regulations, or third-party terms or policies to obtain Referrals or Rewards; or
h) Violate or fail to comply with these Terms or the terms or conditions of any other agreement you may have with Nespresso.

Any breach of your representations and warranties or other non-compliance with these Terms, as determined in Nespresso’s discretion, may result in the annulment of all Rewards, and we may terminate your ability to participate in the Referral program. We reserve the right to monitor all Referral activity and terminate your participation if Nespresso believes (in its discretion) that you provided false or inaccurate information, abused the Referral program, or that your participation is unauthorized, fraudulent, or otherwise unlawful or in violation of these Terms. Nespresso will have the final decision in any disputes over Rewards, and your participation in the Referral program.

Rewards: By completing the steps described in “How to Participate” above, you will receive a reward as specified on the Referral Rewards page (“Reward”), subject to these Terms and any conditions and limitations specified on the Referral Rewards page or the applicable promotional offer. For clarity, Nespresso may offer temporary promotional offers for specific periods of times and/or with additional eligibility limitations. In the event of a conflict between these Terms and the additional terms and conditions specified on the Referral Rewards page or the applicable promotional offer, the additional terms and conditions will control followed by the Referral Rewards page. Rewards expire one year after issuance. Rewards are only valid for purchases made on the Nespresso Digital Platforms and Nespresso Boutiques in the United States. Redemption of Rewards may be subject to a minimum purchase obligation or other requirements. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY REWARD ARE YOUR SOLE RESPONSIBILITY. No substitutions, assignments, or transfers of any Rewards will be permitted, and Rewards cannot be redeemed for cash. Unless otherwise stated in promotional offer terms provide by Nespresso, your Reward may only be combined with one additional promo code, as long as the conditions of both promotional offers are satisfied.

Following receipt and successful verification by us, we will notify you of electronic delivery of the Reward via email, in-app notification, or through your Registered Account. We will endeavor to deliver the Reward within three days of validation of the Referral.

Modification of Referrals or Rewards: We reserve the right in our discretion at any time and without prior notice to you to add to, remove, or otherwise change the details of the Referrals program on the Referral Rewards page, including by changing the Rewards and modifying the conditions for Referrals.

7. COMMUNICATIONS, NOTICES, AND CUSTOMER SERVICE
Registered Customers agree that we may provide notices of important matters related to the benefits by prominently posting the notice on the Nespresso Digital Platforms, by sending you an email to the email address associated with your Registered Account, or in another reasonable manner we determine at our discretion. You agree to promptly notify us if you change your email or mailing address by updating your Registered Account. Nespresso is not responsible for any change of email address, mailing address, and/or phone number of any Registered Customer.

If you have a question about the benefits, you may contact us using the "Contact" form available on Nespresso.com. You acknowledge that any response or the provision of customer support is at our discretion, and that we have no obligation to provide you with customer support of any kind.

RIGHT OF PUBLICITY AND INTELLECTUAL PROPERTY Registered Customers hereby irrevocably grant to Nespresso (and its affiliated companies and their respective authorized representatives) where lawful, the non-exclusive, royalty-free, worldwide irrevocable right to the use (but without obligation) their name, image, photos, videotape, likeness, hometown name, biographical information, voice as well as any statements made by Registered Customers , Nespresso or Nespresso's products for publicity, trade, advertising, and promotional purposes in all media now known or later developed worldwide, including the Internet and mobile devices without additional compensation, and without the right of review, notification, or approval.

All design, text, graphics, logos, images, titles, phrases, and product names and the copyrights, trademarks, service marks, trade dress, and/or other intellectual property in such materials are owned by Nespresso or its affiliates and may be registered in the United States and internationally. Nespresso is a registered trademark of Société des Produits Nestlé S.A., Vevey, Switzerland.

8. TERMINATION AND DISQUALIFICATION
Nespresso reserves the right, at its discretion to shorten, extend, modify, cancel, or terminate the benefits in whole or in part at any time , for any reason even though termination may affect a Registered Customer's ability to redeem any Benefit.. If the benefits are cancelled or terminated prior to the anticipated Period end date, a notice will be posted on the Nespresso Digital Platforms and, if reasonably commercially practicable to do so, a notice will also be sent to all Registered Customers via email approximately 30 days before the date of termination. Registered Customers will have until the revised date of termination, or another date clearly communicated by Nespresso, to redeem their Benefits.

Nespresso may terminate any Registered Account, at its discretion, if the Registered Customer is in violation of any of these Terms, including failure to follow policies and procedures, the sale or barter of Benefits, any misrepresentation of fact, or other improper conduct as determined by Nespresso at its discretion. We reserve the right to review any Registered Customer's participation, logs, and activities of any individual and/or Registered Account at any time. Without limiting the foregoing, we reserve the right to suspend or terminate any Registered Customer who, at our discretion, is suspected of tampering with or abusing any aspect of the Nespresso Digital Platforms, using the benefits in a manner in violation of or inconsistent with these Terms, engaging in cheating or fraudulent activity or deception, or violating any federal, state, or local, laws, statutes, or ordinances. Any attempt or suspected attempt, directly or indirectly, by any individual, entity or Registered Customer to use or benefit from the use of any form of manipulation, exploitation or abuse , any deception, mechanical, robotic, repetitive, automatic, bots/scripts, programmed or similar participation or other methods, agents or services will immediately invalidate the Registered Account and Benefits of such individual(s) suspected of engaging in or benefiting from such methods, and they will be disqualified permanently. FURTHER, ANY ATTEMPT BY ANY PERSON TO DAMAGE THE Nespresso DIGITAL PLATFORMS OR UNDERMINE THE LEGITIMATE OPERATION OF THE TERMS IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, Nespresso RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Upon termination of a Registered Account by Nespresso, the Benefits will be immediately forfeited. If a Registered Customer is disqualified or if Benefits are forfeited for any reason, as stated in these Terms, the Benefits will be void, will not be reinstated, and the Registered Customer will not be compensated therefor in any manner. At Nespresso's discretion, the Registered Customer may be disqualified from future participation in the benefits permanently or from participation in similar Nespresso loyalty programs.

9. GOVERNING LAW AND VENUE
Any dispute arising from these Terms will be governed by and construed and enforced in accordance with the laws of Delaware except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES AND RELEASE; AND DISPUTE RESOLUTION
FOR CLARITY, YOUR PARTICIPATION IN THE BENEFITS IS SUBJECT TO, AND YOU AGREE TO, THE RELEASES, OBLIGATIONS, DISPUTE RESOLUTION PROCEDURE, AND OTHER TERMS SET FORTH IN SECTION 13 (“INDEMNIFICATION AND LIMITATION OF LIABILITY”), SECTION 14 (“DISCLAIMER OF WARRANTIES AND RELEASE”), AND SECTION 17 (“DISPUTE RESOLUTION”) OF THE Nespresso TERMS OF USE, AVAILABLE AT HTTPS://WWW.Nespresso.COM/US/EN/LEGAL, WHICH ALSO APPLY TO DISPUTES, CLAIMS, OR ANY OTHER RELEVANT ASPECT ARISING FROM THE TERMS.

We are not responsible for lost, late, misdirected, incomplete, unintelligible, illegible, stolen, damaged, mutilated, returned, or undelivered mail or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Nespresso Digital Platforms, app, or other connections availability, accessibility or traffic congestion, or miscommunications, or failed computer, network, phone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures or difficulties, incompatibility, or errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of information, nor for the failure to capture any such information in connection with the Terms, or any element thereof. We are not responsible for injury or damage to Registered Customers' or to any other person's computer or device related to or resulting from participating in this Benefits or downloading materials from or use of the Nespresso Digital Platforms.

We are not liable to Registered Customers or any other person or entity for failure to execute the Terms or any element thereof or supply any Benefits or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist act, cyber-attack, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, pandemic or other health emergencies, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond our reasonable control.

11. GENERAL CONDITIONS
We have the discretion to interpret and apply the Terms and all elements thereof. All issues, concerns, questions or disputes regarding the Terms, or any element thereof, including participation and/or a Registered Customer's eligibility and compliance with these Terms will be resolved by us in our absolute discretion. By creating an account, you agree to be bound to these Terms and our decisions, which are final and binding.

These Terms, together with any other additional terms and limitations posted on the Nespresso Digital Platforms, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. In the event of any discrepancy, ambiguity, inconsistency, printing or any other error or miscommunication on the Nespresso Digital Platforms, in any advertising, materials, and/or any other information or communications in whatever media or medium relating to , these Terms will govern.

If any provision of these Terms is found to be invalid or unenforceable, such provision will be severed from the remainder of these Terms, which will otherwise remain in full force and effect. To the extent permitted by applicable law, Registered Customers waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The use of the words “include,” “includes,” or “including” is illustrative and not limiting.

We reserve the right, without limitation, to: (i) investigate any suspected breaches of the Nespresso Digital Platforms' security or information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms; (iii) investigate any information obtained by reviewing law enforcement databases; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms; and (vi) discontinue the Benefits, in whole or in part, or, suspend or terminate Registered Customer's access to it, in whole or in part, including any Registered Accounts or registration, at any time, without notice, for any reason and without any obligation to Registered Customers or any third party. Any suspension or termination will not affect Registered Customer's obligations to us under these Terms. The provisions of these Terms, which by their nature should survive suspension or termination will survive, including the rights and licenses Registered Customers grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

We may assign our rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by Registered Customers, and Registered Customers may not delegate Registered Customer's duties under them. Headings are provided for convenience only.