KitKat Chocolatory Terms & Conditions of Sale

LAST UPDATED:  1  November 2023

For Terms & Conditions relating to the Hamish and Andy Mandated Break, please view the page here

 

1. DEFINITIONS

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 through 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. ORDERS

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 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 to accept or decline your order in whole or in part.

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. RETURNS

4.1 You must verify your order of goods upon delivery and you must promptly notify the KITKAT team at orders@kitkat.com.au after becoming aware of any incorrect order. 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.   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 Please choose carefully as 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, ‘to the extent permitted at law, Nestlé will not be liable for any delay in delivery . 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. PAYMENT

6.1 Nestlé may change the prices of Goods and Services from time to time without notice to you. Any price change will not affect any order you have completed prior to the price change.

6.2 You must pay the price of Goods and Services current at the time of purchase or the time of dispatch of the Goods or provision of the Services, whichever is earlier.

6.3 You must pay Nestlé any GST payable for the provision of the Goods and Services.

6.4 If Goods are being delivered outside Australia, 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. Our Goods and Services come with consumer 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 (at Nestlé’s option) 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, 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. GENERAL

9.1 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.

9.2 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.

9.3 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.

9.4 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.

9.6 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.

9.7 These terms are governed by and must be construed in accordance with the laws of New South Wales.