2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know- how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.
3.1 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.
4.2 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 Warranties5.1 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.
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.
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.
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.
9.1 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.
These rights can be exercised by sending us an e-mail at http://fvone.com/contact-us/ , contact us via phone at +63 2 8477-7870, or write to us at Nespresso Club, 2nd Floor Retail Unit 14 & 24, Rockwell Business Center Sheridan,Sheridan Street corner United Street Highway Hills, Mandaluyong City, by attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.Modification and Deletion of Personal Data. Where provided by law, you, your successors, representatives and/or proxies may (i) request deletion, correction or revision of your Personal Data; (ii) oppose the data processing; (iii) limit the use and disclosure of your Personal Data; and (iv) revoke consent to any of our data processing activities.Please note that, in certain circumstances, We may not be able to delete your Personal Data without also deleting your user account. We may be required to retain some of your Personal Data after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your Personal Data to satisfy our business needs.Where available, our Websites have a dedicated feature through which you can review and edit the Personal Data that you have provided. Please note that We require our registered consumers to verify their identity (e.g. login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorised access to your account.
Notwithstanding this, you can also exercise your rights by sending e-mail at http://fvone.com/contact-us/ or contact us via phone at +63 2 8477-7870, or write to us at Nespresso Club, 2nd Floor Retail Unit 14 & 24, Rockwell Business Center Sheridan, Sheridan Street corner United Street Highway Hills, Mandaluyong City by attaching a copy of your ID or equivalent details (where requested by Us and permitted by law). If the request is submitted by a person other than you, without providing evidence that the request is legitimately made on your behalf, the request will be rejected.Please note that any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws.Colombia only: Complaints: When sending a complaint, please make sure you include (i) your name and identification information; (ii) contact information (physical address and/or electronic address and phone numbers); (iii) documents that evidence your identity or proxy; (iv) a clear and accurate description of the Personal Data over which you seek to exercise any of the rights described in this Notice; (v) a description of the events giving rise to the complaint; and (vi) the documentation supporting your complaint.Requests for access: All requests for access shall be answered within 10 business days, following the date on which the request was received. In the event that the request is not be addressed within 10 business days, We shall contact you to inform you of the reasons why the request is still in process and provide the date on which the request will be addressed. The answer to the request shall not be sent later than 5 business days following expiry of the original term.Modification and Deletion of Personal Data: We may require you, within 5 business days following receipt of your request, to remedy any missing information. If you do not submit the documentation and information required within 2 months following the date of the initial request, the request will be deemed waived. We will provide an answer within no more than 15 business days from the day following the date that the request was received. If the request cannot be addressed within 15 business days, We will inform you of the reasons why the request is still in process and provide the date on which the request will be addressed (The answer to the request shall not be sent later than 8 additional days following expiry of the original term). Mexico only: When sending your request, please make sure to include at least the following information: (i) your name, email and address, in order to send you the corresponding answer; (ii) a copy of a governmental ID; (iii) a clear and precise description of the personal data upon which you wish to exercise your rights; (iv) any other information that facilitates locating the personal data. We will provide an answer to your request within twenty days, starting from the day that the request was received..
1 APPLICABILITY OF GENERAL CONDITIONS OF SALES1.1 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 ORDERS2.1 You may place your orders:
3 ORDER CONFIRMATION FOR ONLINE PURPOSES3.1 To the extent permitted by law, Nespresso is entitled to, at any time, without providing reasons and with no liability to you or any third parties, verify an order, and to refuse, cancel or terminate an order for any reasonable ground. We may refuse an order if:
4 DELIVERY4.1 After orders are processed, Nespresso makes every possible effort to ensure deliveries in the Metro Manila area within 1 – 3 working days, to Provincial areas within 10 – 15 working days, and to Out of Delivery Zones within 10 – 15 working days via courier hub pick-up, after order has been confirmed. Working days for fvone.comilippines are defined as Mondays to Saturdays.4.2 If you request a particular means of delivery different from that used normally by Nespresso, any additional cost will be billed to you.
4.3 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 3rd attempt.
5 VERIFICATIONS OF GOODS UPON DELIVERY5.1 In case you observe loss, damaged or missing items, you must notify and file a claim, together with our relevant invoices and signed delivery notes to Nespresso in writing or calling our Customer Relationship Center within 48 hours after receipt of the Products. Nespresso shall in such case provide you with identical replacement Products.
6 ORDER CANCELLATIONS6.1 You may cancel your order after 24 hours from the time the order has been made and we will refund you with net of applicable charges (e.g. bank charges) within 21 business days after you have notified us of cancelling your order.6.2 Once your order has been placed, the Products cannot be changed anymore.6.3 To cancel your order, please notify Nespresso immediately by calling the Customer Relationship Centre on +632 8477 – 7870.
7 RETURNS POLICY7.1 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.7.2 Nespresso will only accept such returns for machines accompanied by the relevant invoice.7.3 All coffee orders are not valid for returns or exchanges. All orders are deemed correct upon payment.
8 PRICES AND INVOICES8.1 The prices invoiced for the goods you order are those in effect on the date you place your order and inclusive of VAT.8.2 The fee for delivery charges is applicable to all orders except if it is within the stated minimum spend for free delivery.8.3 Nespresso offers no rebates or reductions for wholesale or trade orders/quantities.
9 PAYMENT9.1 Credit Cards payments online is due in full before ordered goods are dispatched.9.2 Cash on Delivery for online orders are for Metro Manila areas only. Customers are expected to prepare the exact amount upon payment.
10 MACHINE GUARANTEE AND AFTER-SALES SERVICE
10.1 The Nespresso machines are guaranteed by the manufacturers pursuant to the specific terms and conditions listed in the original product documentation and such guarantee is without prejudice to any of your statutory consumer rights.
10.2 For any questions concerning the operation, maintenance and after-sales service of your Nespresso machine, please contact Nespresso by telephone for advice and assistance10.3 In the event that your machine (that is sent for service or repair) is found by Nespresso to be affected by any issue(s) that renders the machine unsuitable for use (including hygiene issues like pest infestation), Nespresso strongly recommends that you do not continue to use such machine, and Nespresso will dispose of your machine in an appropriate manner. However, if despite Nespresso’s above-mentioned recommendations, you decide to retrieve the machine from Nespresso, you agree to the following on behalf of yourself and any person affected by and/or using the machine:
11 DATA PROTECTION
12 PASSWORD AND CONFIDENTIALITY12.1 If Nespresso knows or has reason to believe that your Credentials are indeed used by another person, or may have been compromised, Nespresso shall immediately suspend the use of such account.
13 APPLICABLE LAW AND FORUM13.1 The present General Conditions of Sales are governed by Philippine Law.