Terms and Conditions of Sale
In these terms:
Goods means goods ordered on the KITKAT website and provided by Nestlé to you.
KITKAT website means https://kitkat.com.au
Nestlé means Nestlé Australia Ltd ABN 77 000 011 316.
Services means services ordered on the KITKAT website and provided by Nestlé to you.
You means the person(s) purchasing goods and services from Nestlé.
2. KITKAT REGISTRATION & WEBSITE USE
2.1 Each order placed with Nestlé by means of the KITKAT website will be governed by these terms. By placing an order, you acknowledge that you have read, understood and accepted these terms.
3.1 You may place orders for Goods and Services online at the KITKAT website.
3.2 All orders are subject to availability of stock and min/max quantities as Nestlé decides from time to time.
3.3 Nestlé reserves the right to refuse orders whether whole or in part in its absolute discretion.
3.4 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, a card with an alternative pick up address will be left at your delivery address.
4.1 You must verify your order of goods upon delivery and you must notify the KITKAT team at email@example.com within seven days of receipt of any incorrect order. If required by Nestlé, Goods forming part of the incorrect order must be promptly returned by you to Nestlé in their original packaging, accompanied by the invoice. Where the incorrect order is the fault of Nestlé, the costs associated with return delivery will be covered by Nestlé.
4.2 When returns are accepted 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.
4.3 You cannot refuse to accept Goods merely because they are not delivered by any given date or dates.
4.4 We do not accept refunds for change of mind, you decide you have no use for, or do not want, the product or you find it cheaper elsewhere
5. DELIVERY AND RECEIPT
5.1 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 any delay in delivery for any reason. 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.
5.2 Invoices for Goods may include a charge for freight and delivery as specified by Nestlé.
5.3 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.
6.1 Nestlé may change the prices of Goods and Services from time to time without notice to you.
6.2 You must pay the price of Goods and Services current at the time of purchase.
6.3 You must pay Nestlé any GST payable for the provision of the Goods and Services.
6.4 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or Services.
7. TITLE AND RISK
7.1 Title in Goods passes to you on the latter of delivery to you or payment in full for them.
7.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 5.3 in which case risk passes when the Goods leave Nestlé premises.
8. EXCLUSIONS AND LIMITATIONS
8.1 The 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.
8.2 To the extent permitted by law, Nestlé’s only liability is as expressly stated in these terms and in the Australian Consumer Law and all other guarantees, warranties and conditions are excluded.
8.3 To the extent permitted by law, then except as provided under the Australian Consumer 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.
9.1 You indemnify and must keep Nestlé, its officers, employees and agents indemnified against all reasonable damages, losses, costs and expenses suffered by them arising out of any breach by you of these terms or arising out of your use, possession or sale of the Goods or Services, or the use, possession or sale of the Goods or Services by someone with your authority or permission.
10.1 These terms and any invoice referencing these terms govern your registration with Nestlé and the provision of Goods and Services ordered via the KITKAT website and constitute the whole of the agreement between you and Nestlé and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.
10.2 These terms may be varied by Nestlé at any time by notice to you or by means of a notice on the KITKAT website. Clerical errors are subject to correction without notice. By placing an order after Nestlé has posted a new version of its terms, you agree to be bound by that updated version.
10.3 Nestlé may sub-contract or otherwise arrange for another person to perform any part of these terms or to discharge any of Nestlé obligations under these terms.
10.4 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.
10.5 You must pay Nestlé all costs and expenses incurred by Nestlé in the recovery of monies owing by you to Nestlé or in otherwise enforcing Nestlé’s rights against you under these terms.
10.6 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.
10.7 These terms are governed by and must be construed in accordance with the laws of New South Wales.