Conditions of sale

(Version: September 2023)

These terms set out the basis upon which Nestlé Australia Ltd ABN 77 000 011 316 (Nestlé) sells goods and services through our website (these “Terms of Sale”).

In these Terms of Sale:
“Goods” or “Products” means any products ordered on our website and provided by Nestlé to you.
“Nestlé” means Nestlé Australia Ltd, our affiliates, subsidiaries, officers, employees and/or agents.
“Services” means any services provided by Nestlé to you.
“You” means the person(s) purchasing Goods and Services from Nestlé which these conditions accompany.

2.1 Each order placed with Nestlé through our website will be governed by these Terms of Sale. By placing an order, you acknowledge that you accept these Terms of Sale.
2.2 By using this website, you also agree to our Terms of Use and Privacy Policy. Nestlé invites you to read them carefully before using the services provided on this website.
2.3 Nestlé may at any time amend these Terms of Sale by posting a new dated version on this website, notice on the website or by email to you. By placing an order after Nestlé has posted a new version of its Terms of Sale, you agree to be bound by that updated version.

3.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
3.2 It is your responsibility to ensure that any changes to your address, contact details or other personal details are updated on this website.

4.1 When creating an account to use this website or registering for a subscription, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
4.2 You are fully responsible for the use of your password and any orders placed using your password, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nestlé immediately.

5.1 You may place orders for Goods and Services online through our website, provided you are at least 18 years of age.
5.2 All orders are subject to availability of stock and min/max quantities as Nestlé decides from time to time.
5.3 When you place an order through our website, we will confirm receipt of your order by sending an acknowledgement to the email address provided by you. Please note that this is only an acknowledgement that we received your order and not an acceptance of your order. We may at any time after receipt of your order accept or decline your order in whole or in part at our discretion.
5.4 If we do not accept your order for any reason, we will send you an email notification, your order will be cancelled, and any payment refunded.
5.5 If your order has been accepted and your Goods have been dispatched, we will send you an email confirmation.

6.1 Please choose carefully as Nestlé does not accept return of Goods because you change your mind.
6.2 You must verify your order of Goods upon delivery and please notify Nestlé promptly of receipt of any incorrect order. Nestlé may require you to return Goods incorrectly delivered in accordance with any reasonable instructions by Nestlé, at Nestlé’s cost.
6.3 Please notify Nestlé promptly on becoming aware of any damaged or faulty Goods. Nestlé may decline any returns where a damage or fault is caused by your misuse or neglect. To assist Nestlé to assess a claim that the Goods are damaged or faulty, Nestlé may require you to return the Goods in accordance with its reasonable instructions.
6.4 When a refund or replacement is due to you, Nestlé will endeavour to provide the refund or replacement within 30 days of receipt of the returned Goods (if applicable), or otherwise from receipt of the claim.
6.5 Our Goods and Services come with guarantees under the Australian Consumer Law that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

7.1 You have the ability to change your delivery address through the ‘edit profile’ feature and during the confirmation stage at the checkout. It is your responsibility to ensure you are available to receive the delivery. If you are not at the delivery address to receive the Goods, the driver may at their discretion leave the parcel in a safe place or leave a card with details of an alternate pick-up address.
7.2 Nestlé will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however, to the extent permitted by law, Nestlé will not be liable for (a) any failure to deliver or delay in delivery for any reason; or (b) any loss or damage incurred that was not directly caused by any breach on our part. Any costs incurred by Nestlé due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nestlé.
7.3 Deliveries will only be made to street addresses in Australia. Deliveries will not be made to PO numbers nor to addresses outside Australia.
7.4 Invoices for Goods may include a charge for freight and delivery as specified by Nestlé at checkout.
7.5 All orders $99 or more will have delivery costs included nationwide. For orders below $99 there is a flat nationwide delivery fee of $19.95. Invoices for Goods may include the applicable delivery charge (if any).
7.6 If you wish to have Goods or Services provided by means other than Nestlé’s usual means, you will need to make all necessary arrangements and pay all costs involved.

8.1 Nestlé may change the price of Goods, Services, delivery costs and other sales details on our website from time to time without notice to you.
8.2 You must pay the price current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier. We will not apply the new prices or details to orders which have already been accepted, except as otherwise agreed.
8.3 If a Good or Service is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the Goods or Services listed at the incorrect price.
8.4 Invoices are payable on or before receipt of Goods or provision of Services.
8.5 You must pay Nestlé any GST payable for the provision of the Goods and Services, which will be included in the total price at checkout.
8.6 Nestlé reserves the right to charge interest on overdue payments at 2% above the interest rate for overdrafts of $100,000 or more charged by the Commonwealth Bank of Australia, compounded daily from the due date to the date of payment.
8.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or services arising from delivery being outside Australia.

9.1 Title in Goods passes to you on the latter of delivery and payment in full for them.
9.2 Risk in Goods passes to you on delivery of the Goods unless you arrange for delivery under clause 7.6 in which case risk passes when the Goods leave Nestlé’s premises.

10.1 Nestlé acknowledges that consumer guarantees under the Australian Consumer Law may apply to the Goods and any Services (refer to clause 6.5).
10.2 To the extent permitted by law, Nestlé’s only liability is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded and all other guarantees, warranties and conditions are excluded.
10.3 To the extent permitted by law, Nestlé will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental, or indirect loss or damage including loss of profit or loss of opportunity.

11.1 These Terms of Sale and any invoice referencing these terms govern the provision of Goods and Services by Nestlé to you and constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
11.2 Clerical errors are subject to correction without notice.
11.3 Nestlé may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nestlé’s obligations under this agreement, such as delivery of the Goods.
11.4 Nestlé waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
11.5 If any provision of the Terms of Sale (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.
11.6 Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
11.7 The products, materials, offers, and information appearing on this website are intended only for users and customers located in Australia including without limitation that delivery will be only to addressed in Australia.
11.8 These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia.

Nestlé Australia Ltd