Conditions of sale
Conditions of Sale
In these terms:
Goods means any goods provided by Nestlé to you. Nestlé means Nestlé Australia Ltd ABN 77 000 011 316 and its officers, employees and 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.
- APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nestlé by means of the internet shall be governed by these Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, these Conditions of Sale.
2.3 Nestlé reserves the right, at any time, to modify these Conditions of Sale by posting a new dated version on this website. By placing an order after Nestlé has posted a new version of its Conditions 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 Please inform Nestlé about changes of address or other modifications by updating your personal details on this website without delay.
4.1 When registering to use this website, 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 under it, 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 on the store.nestlebaby.com.au.
5.2 Without prejudice to the next following paragraph, when ordering Nestlé infant formula or toddler milk drink cans, each order must be up to a maximum of 6 cans.
5.3 All orders are subject to availability of stock and min/max quantities as Nestlé decides from time to time.
5.4 Nestlé offers its products on this website within the limits of its available stocks.
5.5 Nestlé reserves the right to refuse orders whether whole or in part in its absolute discretion.
6.1 You must verify your order of Goods upon delivery and you must notify Nestlé within seven days of receipt of any incorrect order.
6.2 Please notify Nestlé as soon as you become aware of any damaged or faulty Goods. Nestlé reserves the right to decline any returns where a damage or fault is caused by your misuse or neglect.
6.3 If required by Nestlé, Goods forming part of an incorrect order, or Goods that are damaged or faulty, must be promptly returned by you to Nestlé in accordance with any instructions by Nestlé. This may include returning the Goods in their original packaging, accompanied by the invoice.
6.5 When returns are properly assessed and completed by Nestlé, and a refund is due to you, Nestlé will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
6.6 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
6.7 Please choose carefully as Nestlé does not accept return of Goods because you change your mind.
6.8 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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. DELIVERY AND RECEIPT
7.1 Nestlé will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nestlé will not be liable for (a) any failure to deliver or delay in delivery for any reason; (b) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the Goods or provide the Services. 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. Deliveries will only be made to postal addresses in Australia. Deliveries will not be made to PO numbers nor to addresses outside Australia.
7.2 All orders $60 or more will have delivery costs included nationwide. For orders below $60 there is a flat nationwide delivery fee of $14.95. Invoices for Goods may include the applicable delivery charge (if any).
7.3 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. PAYMENT AND INTEREST
8.1 Nestlé may change the price of Goods and Services from time to time without notice to you.
8.2 You must pay the price of Goods and Services current at the time of payment or the time of dispatch of the Goods or provision of the Services, whichever is the earlier.
8.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nestlé under this agreement.
8.4 You must pay Nestlé any GST payable for the provision of the Goods and Services.
8.5 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.
9. TITLE AND RISK
9.1 Title in Goods passes to you on payment in full for them.
9.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.3 in which case risk passes when the Goods leave Nestlé’s premises.
10. EXCLUSIONS AND LIMITATIONS
10.1 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.
11.1 You indemnify and must keep Nestlé indemnified against all reasonable damages, losses, costs and expenses suffered by Nestlé arising out of any breach by you of this agreement or arising out of your use, possession or sale of the Goods, or the use, possession or sale of the Goods by someone with your authority or permission to the extent not caused or contributed by Nestlé.
12.1 These terms and any invoice referencing these conditions 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.
12.2 These terms may be varied by Nestlé at any time by notice to you or by means of a notice on the website store.nestlebaby.com.au the Australian pages of the website www.nestle.com.
12.3 Clerical errors are subject to correction without notice.
12.4 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.
12.5 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.
12.6 You must pay Nestlé all reasonable costs and expenses incurred by Nestlé in connection with these terms including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Nestlé or in otherwise enforcing Nestlé’s rights against you under the Contract.
12.7 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.
12.8 These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia.
Nestlé Australia Ltd