Legal Notices Nespresso Indonesia

1. Acceptance and Modification of the Terms of Use
1.1 Your access and use of the websites (the “Websites”) of PT. Kanmo Gaya Abadi (“Kanmo Group”) are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Copyright and Intellectual Property
2.1 The content of our Websites and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Nespresso or its affiliated companies or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Websites shall be interpreted or construed as granting you a license or a right to use any such content of our Websites.

3. Use of the Websites
3.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Kanmo Group
3.2 Kanmo Group neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

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

4. Information Deemed Non-Confidential
4.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy (link). Kanmo Group 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 Kanmo Group 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 Kanmo Group and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, Kanmo Group 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 Kanmo Group’s use will not violate any third party’s rights. Kanmo Group 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 Kanmo Group 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 Kanmo Group 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 Kanmo Group, 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 Kanmo Group), 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. Kanmo Group 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 Kanmo Group reserves the right to interrupt or discontinue any or all of the functionality of its Websites. Kanmo Group 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 Kanmo Group or any third party.

7. Change of Information
The content of our Websites may contain inaccuracies or errors. Kanmo Group 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 Kanmo Group’s worldwide products and services, not all of which are available in every location. A reference to a Kanmo Group 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 Kanmo Group. Kanmo Group 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 Kanmo Group.

10. Miscellaneous
10.1 The present Terms of Use embody the entire agreement concluded between Kanmo Group and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by Kanmo Group 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 Kanmo Group 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 Kanmo Group.
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.

PT. Kanmo Gaya Abadi (Kanmo Group Indonesia)
01/2019
© 2019 PT. Kanmo Gaya Abadi

Nespresso Indonesia Privacy Notice

Effective: February 18^th 2019 

Please read this privacy notice (“Notice”) carefully to understand our policies and practices regarding your personal data and how We will treat it.

By using a Nespresso website or app, by calling a Nespresso CRC, by ordering in a Nespresso Boutique or by otherwise giving us your Personal Data, you agree to this notice. If you do not agree to this notice or otherwise fail to provide necessary Personal Data to us (We will indicate to you when this is the case, for example, by making this information clear in our registration forms), (a) you must not use our websites or apps, or become a Nespresso Club Member and (b) We may not be able to provide you with our goods and/or services.This Notice may change from time to time (see Section 10). Your continued interaction with us after We make changes is deemed to be acceptance of those changes, so please check the Notice periodically for updates.

 

This notice provides important information in the following areas:

 

1. SOURCES OF PERSONAL DATA.
2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS
4. USES MADE OF YOUR PERSONAL DATA
5. DISCLOSURE OF YOUR PERSONAL DATA
6. RETENTION OF PERSONAL DATA
7. STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
8. ACCESS TO YOUR PERSONAL DATA
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
10. CHANGES TO OUR NOTICE
11. DATA CONTROLLERS & CONTACT

 

 

SCOPE OF THIS NOTICE

This Notice explains how your personal data are collected, used, and disclosed by Nespresso entities as listed in the controllers & contact section (Section 11) (“Nespresso”, “We”, Us”). It also tells you how you can access and update your personal data and make certain choices about how your Personal Data are used.

This Notice covers both our online and offline data collection activities, including Personal Data that We collect through our various channels such as websites, apps, social networks, Customer Relationship Centers, Boutiques, points of sales and events. Please note that We combine Personal Data that We collect via one method (e.g. a Nespresso website) with Personal Data that We collect via another method (e.g. a Nespresso offline event). As part of this, We may combine Personal Data that were originally collected by different Nespresso entities. Please see Section 8 for further information on how to object to this.

 

1. SOURCES OF PERSONAL DATA

This Notice applies to Personal Data that We collect from or about you, through the methods described below (see Section 2), from the following sources:

Nespresso websites. Consumer-directed websites operated by or for Nespresso, including sites that We operate under our own domains/URLs and mini-sites that We run on third party social networks such as Facebook ("Websites").

Nespresso mobile sites/apps. Consumer-directed mobile sites or applications operated by or for Nespresso, such as smartphone apps.

E-mail, text and other electronic messages. Electronic communications between you and Nespresso.

Nespresso CRC. Calls to our Customer Relationship Centers (“CRC”).

Nespresso Boutiques. Stores managed by Nespresso.

Offline registration forms. Printed registration and similar forms that We collect via, for example, postal mail, in-store demos, contests and other promotions, or events.

Points of Sales.  Demonstrators present in physical third party stores to assist you with the registering of your machine and coffee ordering.

Data from other sources. Social networks, publicly available information.

 

2. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

Depending on how you interact with Nespresso (online, offline, over the phone, etc.), We collect various types of information from you, as described below.

Personal contact information. This includes any information you provide to Us that would allow Us to contact you, such as your name, postal address, e-mail address, social network details, or phone number

Account login information. Any information that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

Demographic information. Any information that describes your demographic or behavioral characteristics. Examples include your date of birth, age or age range, gender, geographic location (e.g. zip code), favorite products, hobbies and interests, and household or lifestyle information.

Technical information about computer/mobile device. Any information about the computer system or other technological device that you use to access one of our Websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet, operating system type, and web browser type and version. If you access a Nespresso website or app via a mobile device such as a smartphone, the collected information will also include, where permitted, your phone’s unique device ID, advertising ID, geo-location, and other similar mobile device data.

Websites/communication usage information. As you navigate through and interact with our Websites or newsletters, we use automatic data collection technologies to collect certain information about your actions. This includes information such as which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages. This information is captured using automated technologies such as cookies (browser cookies, flash cookies) and web beacons, and is also collected through the use of third party tracking services (such as Double Click, Google Analytics, Adobe Dynamic Tag Management and/or Omniture). You have the right to object to the use of such technologies, for further details please see Section 3.

Consumer feedback. This includes information that you voluntarily share with Us about your experience of using our products and services.

Consumer-generated content. This refers to any content that you create and then share with Us on a social network or by uploading it to one of our Websites or apps, including the use of social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.

Social network information. This refers to any information that you share publicly on a social network or information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with Us. Examples include your basic account information (e.g. name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share. We receive your social network profile information (or parts of it) every time you download or interact with a Nespresso web application on a social network such as Facebook, every time you use a social networking feature that is integrated within a Nespresso site (such as Facebook Connect) or every time you interact with Us through a social network. To learn more about how your information from a third party social network is obtained by Nespresso, or to opt-out of sharing such social network information, please visit the website of the relevant social network.

Payment and Financial information. Any information that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). In any case, We handle payment and financial information in a manner compliant with applicable laws, regulations and security standards such as PCI DSS

Calls to CRC. Communications with a CRC may be recorded, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes) and, in certain cases, to archive proof of consent for direct marketing and profiling. Payment card details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call and will have the opportunity to object.

 

3. COOKIES/SIMILAR TECHNOLOGIES, LOG FILES AND WEB BEACONS

Cookies/Similar Technologies. Please see our Cookie Notice to learn how you can manage your cookie settings and for detailed information on the cookies We use and the purposes for which We use them.

Log Files. We collect information in the form of log files that record website activity and gather statistics about your browsing habits. These entries are generated automatically, and help Us to troubleshoot errors, improve performance and maintain the security of our Websites.

Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that deliver a graphic image on a web page or in an email for the purpose of transferring data back to Us. The information collected via web beacons may include technical information such as IP Address, as well as information about how you respond to an email campaign (e.g. at what time the email was opened, which links you click on in the email, etc.). We may use web beacons on our Websites or include them in e-mails that We send to you. We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising, email auditing and reporting, and personalization.

4. USES MADE OF YOUR PERSONAL DATA

The following paragraphs describe the various purposes for which We collect and use your Personal Data, and the different types of Personal Data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.

Customer service. We use your Personal Data for customer service purposes, including responding to your enquiries. This typically requires the use of certain personal contact information and information regarding the reason for your inquiry (e.g. order status, technical issue, product question/complaint, general question, etc.).

Contests, marketing and other promotions. With your consent (where required), We use your Personal Data to provide you with information about goods or services (e.g. marketing communications or campaigns or promotions). This can be done via means such as emails, ads, phone calls, SMS, and postal mailings to the extent permitted by applicable laws. Some of our campaigns and promotions may be run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose the processing of your Personal Data for this purpose. For detailed information on how to modify your preferences about marketing communication, please see Sections 8 and 9 below. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion.

Social networks: We use your Personal Data when you interact with third party social networking features, such as “Like” functions to serve you with advertisements and engage with you on social networks. You can learn more about how these features work, the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third party social networks.

Personalization (offline and online). With your consent (where required), We use your Personal Data (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our Websites and apps; to ensure that content from our Websites/apps is optimized for you and for your computer or device; and (iv) to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), we also show you specific Nespresso content or promotions that are tailored to your interests. The use of your Personal Data is voluntary, which means that you can oppose the processing of your personal data for this purpose. For detailed information on how to opt-out please refer to Section 8 below.

Order fulfillment We use your Personal Data to process and ship your orders, inform you about the status of your orders, correct addresses and conduct identity verification and other fraud detection activities. This involves the use of certain personal information and payment information.

Other general purposes (e.g. internal or market research, analytic, security). In accordance with applicable laws, We use your Personal Data for other general business purposes, such as conducting internal marketing and demographic studies and measuring the effectiveness of advertising campaigns. We reserve the right, should you have Club Member accounts, to reconcile those accounts into one single account. We also use your Personal Data to ensure our security.

Legal reasons or merger/acquisition. In the event that Nespresso or its assets are acquired by, or merged with, another company including through bankruptcy, we will share your Personal Data with any of our legal successors. We will also disclose your Personal Data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety or property, or the public; or (v) to enforce the terms of any agreement or the terms of our Website.

 

5. DISCLOSURE OF YOUR PERSONAL DATA

In addition to the Nespresso/Nestlé entities (in charge of Nespresso operations) mentioned in the data controllers & contact section (see Section 11), We share your Personal Data with the following types of third party organization:

Service providers. These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, debt collection, website operation, support services, promotions, website development, data analysis, CRC, etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on Our behalf for the specific tasks that they’ve been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure. Where required by applicable law, you can obtain a list of the providers processing your Personal Data (see Section 11 to contact Us).

Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, we do not license or sell your Personal Data to third party companies for their own marketing purposes.

Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger (see Section 4 for details).

6. RETENTION OF YOUR PERSONAL DATA

In accordance with applicable laws, we will use your Personal Data for as long as necessary to satisfy the purposes for which your Personal Data was collected (as described in Section 4 above) or to comply with applicable legal requirements.

Personal Data used to provide you with a personalized experience (see Section 4 above for details) will be kept for a duration permitted by applicable laws.

7. DISCLOSURE, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA

We use a variety of reasonable measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as social networks.

People who can access your Personal Data. Your Personal Data will be processed by our authorised staff, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our coffee specialists in charge of customer care matters will have access to your customer record).

Measures We expect you to take. It is important that you also play a role in keeping your Personal Data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We may provide you in our Website/app.

Transfer of your Personal Data. The storage as well as the processing of your Personal Data as described above may require that your Personal Data are ultimately transferred/transmitted to, and/or stored at, a destination outside of your country of residence, notably Switzerland and Luxembourg. Where permitted by law, by accepting the terms of this Notice, you agree to such transferring, transmission, storing and/or processing. You also agree that such activities may take place to or in countries offering a lower level of protection than your country of residence.

8. ACCESS TO YOUR PERSONAL DATA

Access to Personal Data. Where provided by law, you, your successors, representatives and/or proxies have the right to access, review and request a physical or electronic copy of information held about you. You may also have the right to request information on the source of your Personal Data.

These rights can be exercised  by sending Us an e-mail to: club.indonesia@nespresso.co.id or writing to us at Kanmo Group, Gedung Menara Era 14th floor, Jl. Senen Raya No. 135-137, Jakarta 10410. Indonesia, 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) limit the use and disclosure of your Personal Data; and (iii) 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 unauthorized access to your account.

Not withstanding this, you can also exercise your rights by sending Us an e-mail to club.indonesia@nespresso.co.id or writing to us at Kanmo Group, Gedung Menara Era 14th floor, Jl. Senen Raya No. 135-137, Jakarta 10410. Indonesia, 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.

9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA

We strive to provide you with choices regarding the Personal Data that you provide to Us. The following mechanisms give you the following control over your Personal Data:

Cookies/Similar Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being used. Please see Section 3 above.

Advertising, marketing and promotions. If you wish to have your Personal Data used by Nespresso to promote its products or services, you can indicate so through the relevant tick box located on the registration form or by answering the question(s) presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to receive such communications, you can subsequently unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. To opt-out of marketing communications sent by any medium, including third party social networks, you can opt-out at any time by logging into the Websites/apps or third party social networks and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g. account confirmations, password changes, etc.), and other important non marketing related announcements.

Personalization (offline and online): If you wish to have your Personal Data used by Nespresso to provide you with a personalized experience, you can indicate so through the relevant tick box located on the registration form or by answering the questions presented by our Trade demonstrators, CRC or boutique representatives. If you decide that you no longer wish to benefit from this, you can opt-out at any time by logging into the Websites/apps and adjusting your user preferences in your account profile by unchecking the relevant boxes or by calling our CRC.

10. CHANGES TO OUR NOTICE

If We change the way We handle your Personal Data, we will update this Notice. We reserve the right to make changes to our practices and this Notice at any time, please check back frequently to see any updates or changes to our Notice.

11. DATA CONTROLLERS & CONTACT

To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact us at:

Customer Relationship Center (CRC): 1-500-498

Email: club.indonesia@nespresso.co.id

Address: Kanmo Group, Gedung Menara Era 14th floor, Jl. Senen Raya No. 135-137, Jakarta 10410. Indonesia

 

We will acknowledge and investigate any complaint about the way We manage Personal Data (including a complaint that We have breached your rights under applicable privacy laws).

 

GENERAL CONDITIONS OF SALES

1. Terms and Conditions

These are the terms and conditions of our agreement which apply to all purchases of products by you from www.nespresso.co.id and you should read them carefully.We may vary these terms from time to time and therefore you should check them before you make a new purchase.

2. Order

You can submit an order to www.nespresso.co.id by completing the details required on the order summary page and clicking the place order button. All prices are reflected in IDR and include VAT. We provide delivery to all Indonesia region. We do not deliver orders outside Indonesia. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so if the product is available, the order reflects current pricing and your credit card / debit card payment that is approved by your credit card / debit card company.

2a. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.

3. Acceptance of order

We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions*. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Only credit and debit cards are acceptable as payment for orders via this site. Gift vouchers are not accepted.

*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error

4. Delivery

We will deliver available items within 2 - 3 days for Jabodetabek and 3 - 9 working days for areas outside of Jabodetabek after payment is received. Deliveries are made daily except Sunday and public holidays

5. Payment

For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. Items which are shipped directly from the manufacturer will be charged at the time of placing the order. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card account.

6. Right to withdraw

You have the right to withdraw from this agreement, this right ends seven days after the date we deliver the products to you. You will not have to pay for any products and any amounts you have been charged will be repaid to you by way of a credit to your account within thirty days. HOWEVER, we may have delivered (or dispatched) the products you have ordered. In this circumstance, you must return the products to us and pay the costs in doing so. To avoid this, we recommend that you advise us as soon as possible if you wish to exercise this right to withdraw. If you wish to withdraw, contact us

PT. Kanmo Gaya Abadi (Nespresso Indonesia)

Gedung Menara Era 14-02

Jl. Senen Raya 135 – 137, Jakarta Pusat

Indonesia 10410

Hotline : 150750 (Monday to Friday, 9am – 6 pm)

or complete the Contact Us form which can be found under the ‘contact us’ link on all pages of our website. Any products returned must be received by us in the same condition and, to the extent possible, in the same packaging as when we delivered them to you. Please note that in addition to your right to withdraw, we operate an Exchange, Refund and Cancellation Policy. You should read this policy as this gives you extra benefits. This Policy may be found under Help and then Returns & Exchanges.

7. Warranties

The products which are sold via this website have been designed to comply with the statutory legal requirements and relevant safety standards of the Republic of Indonesia. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements which apply outside the Republic of Indonesia.

We will replace products (or, where relevant, the faulty part) free of charge or, refund to you the price of the products by way of credit to your credit card or debit card account. This only applies if the instructions governing the use of the products have been followed. We will not have any further liability in respect of the products. This does not affect your statutory rights as a consumer.

Terms & Conditions of Competitions

Competitions: In deciding the winner for a competition Nespresso’s decision is final. Nespresso reserves the right to expel anyone from the competition for not adhering to the community guidelines listed on the Facebook page. Prizes will be delivered up to four weeks after the competition has closed for more information please contact our hotline 150750 (Monday to Friday, 9am – 6pm). By entering a competition online, you accept the terms and conditions outlined here and within the guidelines.

Terms & Conditions of Use

It is important that you carefully read these terms and conditions of use before you register with nespresso.co.id because your use of our website is subject to them.

1. Terms and Conditions

Thank you for using www.nespresso.co.id, which is a trading name of PT. Kanmo Gaya Abadi (Nespresso Indonesia). We provide services to you through our website and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website.

When you use our website or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions.

These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.

2. Description of Services

You are able to benefit by using our website from a large number of online services and resources which include information, planners and directories, online retailing, and any other services which we may add from time to time. We also may remove certain services from our website. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services.

We may discontinue providing certain or all of the services on all or part of the website at our discretion and without notice to you. We will, however, endeavor to let you know of this via our site.

3. Registration

Certain services are only available if you complete the registration process. By completing the registration process, you are stating that you are at least 21 years of age or a minor with parental consent or that of a guardian to use our website.

Please note: All minors are recommended to discuss these terms and conditions with their parents or guardians before completing the registration process.

In return for you using our website and benefiting from our services, you agree to: provide true, accurate, current and complete information about yourself where required in the registration form, and to ensure that this information is kept accurate, complete and up to date.

Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorized use of your username and password or any other breach of security as soon as you become aware of it.

4. Code of Conduct

You are responsible for anything which you transmit or receive to, from or via or post on our website.

You are not permitted to use our website or any of our services for any reason or purpose which is unlawful, defamatory, harmful or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other users.

You are not permitted to transmit to, from or via or post on our website anything which you do not have a clear right to use. You must ensure that you do not transmit or post on our website any material containing software viruses or files designed to damage or disrupt the good working order of any computer or telecommunications equipment.

You are not permitted to do anything which may disrupt in any way the operation of our website and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our website and our services by any other user.

Other than as expressly permitted, by us in writing, you are not permitted to use our website to engage in any commercial activity of any form.

We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our website which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this.

We may record preserve and disclose anything which has been transmitted to, from or via or posted on our website and the services, where required by law or where we are acting in good faith.

5. Proprietary Rights and Licenses

All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our website or is part of our services, is protected by our and their copyrights, trademarks, service marks, patents or other proprietary rights and laws.

We own or are licensed to use all intellectual property rights (including all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the website and our services, the software we use to operate the website and services and any data (including data obtained from you during the registration process) generated by users of the website and services. You are not permitted, except where expressly authorized to do so, to change, copy, store, publish, rent, license, sell or distribute in any way any of these intellectual property rights.

When you transmit or post any material to or on our website, you grant to us non-exclusive, worldwide, perpetual, royalty free license under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.

6. Advertisements and Promotions

We may use our website or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorized by us to advertise or promote their product or services through us.

Nespresso or affiliate promotion codes cannot be used in conjunction with any other promotion or offers.

7. External Links

We may provide or third parties may provide links or other websites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those websites. We are not responsible for the availability of these websites, nor will we be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

8. Disclaimer of Warranties

You agree that:

8.1 Your use of the website and our services is at your sole risk. The website and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;

8.2 To the extent that it is lawfully possible to do so, we make no warranty that (a) the website and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the website results in the need for servicing or replacing equipment or data, this will not be at our risk and expense; 

8.3 No advice or information, whether oral or written, obtained by you through or from the website or from our services will create any warranty not expressly stated in these terms and conditions. 

If you have any questions about the above, please contact us

PT. Kanmo Gaya Abadi (Nespresso Indonesia)

Gedung Menara Era 14-02

Jl. Senen Raya 135 – 137, Jakarta Pusat

Indonesia 10410

Hotline : 150750 (Monday to Friday, 9am – 6 pm)

9. Indemnity

You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our website or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).

10. Limitation of Liability

To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the website; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorized access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.

11. Use and Storage

We may establish general practices and limits concerning the use of the website and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our website. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.

12. Suspension and Termination

We may in our sole discretion suspend and/ or terminate registration or use of our website or our services at any time and we shall not be liable to you or any third party for any loss or damages suffered on account of such suspension and or termination. Typically, we would only do this where you have not used our services for some time or if we believe that you have acted inconsistently with those terms and conditions. However, there may be other reasons why we would suspend and/ or terminate.

13. Trade Mark Information

Nespresso are registered trademarks belonging to Nespresso S.A. You agree not to display or use either or both in any manner.

14. General

These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our website and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently).

Data and certain other information you provide is subject to the term of our Privacy Statement, which can be accessed by clicking on the privacy policy section of our site under Help.

If any of these terms and conditions are found to be invalid, then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.

You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the website or our services.

These terms and conditions will be interpreted and construed in accordance with the laws of Republic of Indonesia and will be subject to the non-exclusive jurisdiction of the Indonesian Courts.

For up-to-date information on our services and all support facilities or if you are dissatisfied with our website, our services or have any questions concerning these terms and conditions, please contact us

PT. Kanmo Gaya Abadi (Nespresso Indonesia)

Gedung Menara Era 14-02

Jl. Senen Raya 135 – 137, Jakarta Pusat

Indonesia 10410

Hotline : 150750 (Monday to Friday, 9am – 6 pm)