These terms set out the basis upon which Nestlé Australia Ltd ABN 77 000 011 316 (“Nestlé”) sells goods and services through our PRO PLAN for Professionals Vet Direct website (these “Terms of Sale”).
1. DEFINITIONS
In these Terms of Sale: “Goods” means any goods 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. APPLICABILITY OF TERMS OF SALE
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, Privacy Policy and Cookies 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. REGISTRATION
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. PASSWORD
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 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. ORDERS
5.1 You may place orders for Goods or 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 e-mail 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 in our discretion.
5.4 If we do not accept your order for any reason, we will send you an e-mail 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 e-mail confirmation.
6. RETURNS
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 Goods that do not match your 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.
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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 Goods come with guarantees under the Australian Consumer Law that cannot be excluded. If those provisions apply to your purchase, then you are entitled to (1) a replacement or a refund for major failure and compensation for any other reasonably foreseeable loss or damage. (2) 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. Those provisions may not apply if you purchased the Goods for resale or resupply.
7. DELIVERY AND RECEIPT
7.1 Ordered products will be delivered to the delivery address nominated by you by Australia Post or a nominated third-party courier (Delivery Party). If you are not available to receive the delivery, you authorise the Delivery Party to leave the delivery at your nominated address (if this option is available) or to take the delivery to a collection point. It is your responsibility to ensure that your nominated delivery address is accessible, safe and sufficiently secure for leaving deliveries.
7.2 Nestlé or its nominee will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however, to the extent permitted at 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 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
8.1 Nestlé may change the price of Goods and Services and other sales details on our website 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 earlier. We will not apply the new prices or details to orders which have already been accepted, except as otherwise agreed with us.
8.3 In the event a Good or Service is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the Good or Service 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 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or Services arising from delivery being outside of Australia.
9. TITLE AND RISK
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 8.6 which case risk passes when the Goods leave Nestlé’s premises.
10. CONSUMER GUARANTEES, EXCLUSIONS AND LIMITATIONS
10.1 Nestlé acknowledges that consumer guarantees under the Australian Consumer Law may apply to the Goods (refer to clause 6.5) and any Services.
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. GENERAL
11.1 We may suspend or terminate the PRO PLAN Vet Direct program at any time. We will endeavour to give at least one month’s notice to current members before terminating the PRO PLAN Vet Direct.
11.2 These Terms of Sale and any invoice referencing these terms govern the provision of the 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.
11.3 Clerical errors are subject to correction without notice.
11.4 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, such as delivery of the Goods.
11.5 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.
11.6 If any provision of these 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.
11.7 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.
11.8 The products, materials, offers and information appearing on this website are intended only for users and/or customers located in Australia including without limitation that delivery will be only to addresses in Australia.
11.9 These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia.
(Version: September 2023)