1. Acceptance And Modification Of The Terms Of Use

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

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

2. Copyright And Intellectual Property

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

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

3. Use Of The Websites

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

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

4. Information Deemed Non-Confidential

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

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

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


5. Disclaimer Of Warranties

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

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

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

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

6. Limitation Of Liability

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

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

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

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

7. Change Of Information

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

8. Availability Of Products / Services

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

9. Links

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

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

10. Miscellaneous

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

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

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

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

1. PURPOSE AND SCOPE OF COLLECTING DATA

Data collecting is mainly included: name, gender, date of birth, email address, contact number. Nespresso.vn requires their members to provide those information when registering so that Nespresso.vn may contact customer for confirmation in order to ensure customer’s rights.

Members will be responsible for the retention and privacy of all services use under the registered name, password, and e-mail address. Furthermore, Members are responsible for timely notifying Nespresso.vn of any unauthorized use, misuse, violation of privacy, archives of name and password by a third party for appropriate decision/action.

2. SCOPE OF USING INFORMATION

Website Nespresso.vn shall use information provided by members for:

• Providing services to members;
• Sending notification of activities of information exchange between members and Nespresso.vn
• Preventing the act of ruining members account or activities related to fake member;
• Contacting and dealing with members in special cases;
• Not using members personal information except for confirming and contacting in relation to transaction at Nespresso.vn;
• In case of law requirements: Nespresso.vn is responsible for cooperating in providing personal information of members upon requests of judicial authorities including: Public Prosecutor, Court, Policy Investigation Agency related to the customer’s law violation. Otherwise, no one shall be entitled to access to personal information of members.

3. DATA SAVING TIMING

Personal data of members will be archived until being deleted upon member’s request or by member itself through logging into his/her account. Otherwise, the personal information will be secured on the server of Nespresso.vn.

In case of deleting individual/traders/members’ information, the person whose information shall be deleted should be informed within 5 working days. And the information shall only be deleted upon the consent of its owner.

4. ADDRESS OF DATA COLLECTOR & MANAGEMENT

ANNAM FINE FOOD CO., LTD.

Address: 41 Thao Dien, Thao Dien Ward, Thu Duc City, Ho Chi Minh City, Vietnam

TEL: 1800 234506

5. TOOL OF ACCESS & CORRECTION OF PERSONAL INFORMATION

• Members shall be entitled to self-check, update, correct or delete his/her personal information through logging into his/her account and correct his/her personal information or require Nespresso.vn to do the same.
• Members shall be entitled to submit a complaint about the disclosure of personal information to third party with the administrator of Nespresso.vn. Upon receiving these complaints, Nespresso.vn shall confirm the information and provide the reason and guidance to the members for restoring and securing his/her information.

6. COMMITMENT OF CUSTOMER INFORMATION PRIVACY

• Nespresso.vn commits to keep absolutely confidential the members’ information in accordance with its personal information protection policy. The member’s information shall only be collected and used upon his/her consent except otherwise provided by law.
• The personal information of members shall not be used, not transmitted, provided or disclosed to any third party without his/her consent.
• In case of providing information to a third party with the consent of customer or as required by law, according to the policy regarding third parties, we shall require these third parties to ensure the confidential responsibilities of the customer’s information provided and comply with the information protection policy as regulated.
• Nespresso.vn using the HTTPS protocol with Secure Sockets Layer (SSL) to protect customer’s information during the transfer of data by encrypting information registered. In case, the server where is stored information is attacked by hacker leading to the loss of members’ personal data, Nespresso.vn shall notify the competent authorities for timely investigation and action as well as inform the members.
• To keep absolute confidentiality of all online transaction of members including billing information, accounting documents digitized in the data security center level 1 of Nespresso.vn.
• Nespresso.vn’s administrator requires individual when registering/purchasing as a member should provide full related personal information such as: name, address, email, number of identity card, phone no., bank account, card number, etc. and be responsible for the legality of the above-mentioned information. Nespresso.vn’s administrator shall not be responsible for as well as not resolve any complaints of member’s right if all the personal information provided for the initial registration is incorrect.

7. THE MECHANISM OF RECEIVING AND RESOLVING COMPLAINTS RELATED TO PERSONAL INFORMATION

• When customers submit personal information to us, customer has agreed to the terms that we have outlined above, Nespresso.vn is committed to try our best for securing the personal information of customers. We use the encryption systems to protect such information from being retrieved, misused or non-intentionally disclosed.
• Nespresso.vn also recommends customers to secure information related to his/her password of the account and not to share with anyone.
• In case of customer’s complain related to the use of information contrary to the above mentioned purpose, Nespresso.vn will proceed the following steps:
  • Step 1: Customer sends feedback about the collection of personal information contrary to the aforesaid purposes.
  • Step 2: Customer department of Nespresso.vn receives the case and solves the problem with related parties.
  • Step 3: If the problem is out of Nespresso.vn’s control, we will bring the case to authorities for resolving.
• All observation, contacts and feedbacks from customer in regard of this “Privacy Policy” are welcomed. Feel free to contact us at: 1800 234506 for any queries.

1 APPLICABILITY OF GENERAL CONDITIONS OF SALES 

1.1 Each order placed with Nespresso shall be governed by the present General Conditions of Sale and is subject to particular conditions applicable to orders placed via the Internet or in the Nespresso Boutiques.

1.2 Nespresso reserves the right to modify the present General Conditions of Sale at any time by publishing a new version.

2 ORDERS 

2.1 You may place your orders:

• By telephone : 1800 234506 for Ho Chi Minh City
• Online : www.nespresso.vn
• In the Nespresso partner retailers for machine purchases

2.2 There is no minimum quantity of coffee orders online.

2.3 Nespresso offers its products within the limits of its available stocks.

2.4 Nespresso reserves the right to refuse orders, notably in case of unpaid invoices or insolvency.

3 DELIVERY 

3.1 Nespresso makes every possible effort to ensure deliveries in the Ho Chi Minh City area within 1- 2 working days, to Provincial areas within 3 – 5 working days, and to Out of Delivery Zones within 3 – 5 working days via courier hub pick-up, after order has been confirmed. Working days for Nespresso Vietnam are defined as Mondays to Saturdays.

3.2 If you request a particular means of delivery different from that used normally by Nespresso, any additional cost will be billed to you.

3.3 If no one is available to receive order upon delivery, the courier will inform Nespresso. A Coffee Specialist will get in touch with you to schedule the date of your preferred delivery. You will be charged a delivery fee upon the 3^rd attempt.

4 VERIFICATIONS OF GOODS 

4.1 It is your responsibility to verify the quantity and condition of the goods upon payment and receipt and, in case of non-arrival, damage or missing items, to notify and file claim with Nespresso within 24 hours of receipt (retaining all relevant invoices, signed delivery notes & unpacking videos).

4.2 Nespresso shall in such circumstances provide you with identical replacement goods.

4.3 Please be sure to record a full video while unpacking in case of missing or defective product situations. Any case without an unpacking video won’t be accepted.

5 RETURNS POLICY 

5.1 All machines received within 48 hours are considered in good condition and is not valid for exchange, unless the damage was proved incurred in transit during delivery.

5.2 Nespresso will only accept such returns for machines accompanied by the relevant invoice.

5.3 All coffee orders are not valid for returns or exchanges. All orders are deemed correct upon payment.

6 PRICES AND INVOICES 

6.1 The prices invoiced for the goods you order are those in effect on the date you place your order and inclusive of VAT.

6.2 The fee for delivery charges is applicable to all orders except if it is within the stated minimum spend for free delivery.

6.3 Nespresso offers no rebates or reductions for wholesale or trade orders/quantities.

7 PAYMENT 

7.1 Credit Cards and Paypal payments online is due in full before ordered goods are dispatched.

7.2 Cash on Delivery for online orders are available in Vietnam. Customers are expected to prepare the exact amount upon payment.

7.3 Bank Deposit is available. Payment instructions will be provided after every order. Payment must be completed within 3 banking days from date of order. Nespresso will validate within 24 hours before order is processed.

8 MACHINE GUARANTEE AND AFTER SALES SERVICES

8.1 The Nespresso machines are guaranteed by the manufacturers pursuant to the specific terms and conditions listed in the warranty certificate and such guarantee is without prejudice to any of your statutory consumer rights.

8.2 For any questions concerning the operation, maintenance and after-sales service of your Nespresso machine, please contact Nespresso by telephone for advice and assistance.

9 DATA PROTECTION 

9.1 Nespresso does not sell your personal data to third parties and treats it in strict accordance with applicable law and its privacy policy. The Nespresso privacy policy is published on the site nespresso.vn.

9.2 As per applicable law, you have the right to access and rectify personal data concerning you by writing Nespresso tại địa chỉ dưới đây.

10 APPLICABLE LAW

10.1 The present General Conditions of Sales are governed by Vietnam Law.