Terms & Conditions
Last updated: 1st November 2023
These terms set out the basis upon which Nestlé Australia Ltd ABN 77 000 011 316 (“Nestlé”) sells goods through our website (these “Terms of Sale”).
In these Terms:
“Goods” means any goods ordered on our Allen’s Lollies website (https://www.allenslollies.com.au) 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.
- APPLICABILITY OF TERMS OF SALE
2.1 Each order placed with Nestlé through our website shall be governed by these Terms of Sale. By placing an order, you acknowledge that you have read, understood and accepted, without reservation, these Terms of Sale.
3.1 You must be at least 18 years of age to order Goods through our website.
3.2 You may place orders for Goods online through our website.
3.3 All orders are subject to availability of stock and min/max quantities as Nestlé decides from time to time.
3.4 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.
3.5 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.
3.6 If your order has been accepted and your Goods have been dispatched, we will send you an e-mail confirmation.
3.7 Order processing may take up to 7 days prior to shipment during seasonal periods, such as Easter and Christmas.
3.8 During particularly hot or inclement weather, we may hold your order to ensure it arrives in the best possible condition.
4.1 You must verify your order of Goods upon delivery, and you must promptly notify the Allen’s Lollies team at firstname.lastname@example.org after becoming aware of any incorrect order.
4.2 Please notify Nestlé as soon as you become aware of any damaged or faulty Goods. Nestlé may decline any returns where a damage or fault is caused by your misuse or neglect.
4.3 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 or when the Goods are determined to be faulty or damaged the costs associated with return delivery will be covered by Nestlé.
4.4 When returns are assessed and accepted by Nestlé, and a refund is due to you, Nestlé will reimburse the price of the returned Goods and any invoiced delivery charges within 30 days of receipt of the returned Goods.
4.5 Please choose carefully as Nestlé does not accept return of Goods because you change your mind, you decide you have no use for or do not want the Goods, or you find it cheaper elsewhere.
- DELIVERY AND RECEIPT
5.1 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 driver may at its discretion leave the parcel in a safe place or leave a card with details of an alternate pick-up address.
5.2 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 (a) any failure to deliver or delay in delivery; or (b) any loss or damage incurred 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.
5.3 Deliveries will only be made to postal addresses in Australia. Deliveries will not be made to PO numbers nor to addresses outside Australia.
5.4 Invoices for Goods may include a charge for freight and delivery as specified by Nestlé at checkout.
5.5 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.
- PAYMENT AND INTEREST
6.1 Nestlé may change the price of Goods and Services and other sales details on our website from time to time without notice to you. 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 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.
6.3 In the event a product is listed at an incorrect price, we may refuse or cancel any orders placed for the product listed at the incorrect price.
6.4 Invoices are payable on or before receipt of Goods or provision of Services.
6.5 You must pay Nestlé any GST payable for the provision of the Goods and Services, calculated at checkout.
6.6 If Goods are being delivered outside Australia, You are responsible for all duties, taxes and clearance charges that may be levied on the Goods.
- TITLE AND RISK
7.1 Title in Goods passes to you on the later of full payment in full for them or delivery of the Goods.
7.2 Risk in Goods passes to you on delivery of the Goods, unless you arrange for delivery under clause 5.5 in which case risk passes when the Goods leave Nestlé’s premises.
- 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.
9.1 These terms and any invoice referencing these terms govern your registration with Nestlé and the provision of Goods and Services ordered via the Allen’s Lollies 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 Allen’s Lollies 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.
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