(Version: August 2020)
In these terms:
Goods means any goods provided by Nestlé Health Science to you.
Nestlé Health Science means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nestlé Healthcare Nutrition and its officers, employees and agents.
Services means any services provided by Nestlé Health Science to you.
You means the person(s) purchasing Goods and Services from Nestlé Health Science which these conditions accompany (which may be done on your behalf by your healthcare professional).
APPLICABILITY OF TERMS AND CONDITIONS OF SALE
2.1 Each order placed with Nestlé Health Science 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 reservation, these Conditions of Sale.
2.3 Nestlé Health Science 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 Health Science has posted a new version of its General 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 Health Science 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 Health Science immediately.
5.1 It is your responsibility to ensure that your contact details with Nestlé Health Science remain up to date.
6.1 You may place orders for Goods and Services online at www.ncare.net.au.
6.2 When ordering Nestlé Health Science products, each order must be in carton quantities only.
6.3 All orders are subject to availability of stock and min/max quantities as Nestlé Health Science decides from time to time.
6.4 Nestlé Health Science offers its products on this website within the limits of its available stocks.
6.5 Nestlé Health Science reserves the right to refuse orders whether whole or in part in its absolute discretion.
6.6 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 goods will be delivered as "authority to leave" in the most appropriate place avoiding potentially product damaging locations. I.e., sun, heat, rain etc.
6.7 You must verify your order of goods upon delivery and you must notify Consumer Services on 1800 671 628 FREE CALL within seven days of receipt of any incorrect order. If an order is incorrect and accepted by Nestlé Health Science, a corrected order will be dispatched within 48 hours.
7.1 Please notify Nestlé Health Science as soon as you become aware of any damaged or faulty Goods. Nestlé Health Science reserves the right to decline any returns where the damage or fault is caused by your misuse or neglect.
7.2 Complaints are dealt with seriously through a dedicated consumer services hotline - 1800 671 628. Nestlé Health Science prides itself on its quality control and takes these matters seriously.
7.3 If required by Nestlé Health Science, Goods forming part of an incorrect order, or Goods that are damaged or faulty, must be promptly returned by you in accordance with any instructions from Nestlé Health Science. This may include returning the Goods in their original packaging, accompanied by the invoice. Where the incorrect order is the fault of Nestlé Health Science, the costs associated with return delivery will be covered by Nestlé Health Science.
7.4 When returns are accepted by Nestlé Health Science and a refund is due to you, we will reimburse the price of the returned Goods and the invoiced delivery charges within 30 days of receipt of the returned Goods.
7.5 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
7.6 Please choose carefully because Nestlé Health Science does not accept return of Goods because you change your mind (eg a flavour preference).
7.7 Nestlé Health Science’s Goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund (at Nestlé Health Science’s option) 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. Nestle Health Science does not offer any additional guarantee or warranty with its products.
DELIVERY AND RECEIPT
8.1 Nestlé Health Science or its nominee will endeavour to provide Goods and Services in a timely manner to the address specified in your order, however Nestlé Health Science 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 Health Science due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nestlé Health Science.
8.2 Deliveries will only be made to postal addresses in Australia. Deliveries will not be made to PO numbers or to addresses outside Australia.
8.3 Invoices for Goods may include a flat rate charge for freight and delivery for packages.
8.4 If you wish to have Goods or Services provided by means other than Nestlé Health Science’s usual means, you will need to make all necessary arrangements and pay all costs involved.
PAYMENT AND INTEREST
9.1 Nestlé Health Science may change the price of Goods and Services from time to time without notice to you.
9.2 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.
9.3 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 Health Science or its nominee under this agreement.
9.4 You must pay Nestlé Health Science or its nominee any GST payable for the provision of the Goods and Services.
9.5 Nestlé Health Science 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.
9.6 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
TITLE AND RISK
10.1 Title in Goods passes to you on payment in full for them.
10.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.4 in which case risk passes when the Goods leave Nestlé Health Science’s premises.
EXCLUSIONS AND LIMITATIONS
11.1 To the extent permitted by law, Nestlé Health Science 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.
12.1 You indemnify and must keep Nestlé Health Science 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 Health Science.
13.1 These terms and any invoice referencing these conditions govern your Nestlé Health Science and the provision of Goods and Services 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.
13.2 These terms may be varied by Nestlé Health Science at any time by notice to you or by means of a notice on the Australian pages of the website www.ncare.net.au
13.3 Clerical errors are subject to correction without notice.
13.4 Nestlé Health Science may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Nestlé Health Science’s obligations under this agreement.
13.5 Nestlé Health Science 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.
13.6 You must pay Nestlé Health Science or its nominee all reasonable costs and expenses incurred by Nestlé Health Science 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 Health Science or in otherwise enforcing Nestlé Health Science’s rights against you under the Contract.
13.7 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.
13.8 These terms are governed by and must be construed in accordance with the laws of New South Wales.
August 2020, Nestlé Australia Ltd