TERMS AND CONDITIONS OF SALE – NESCAFÉ® DOLCE GUSTO® AUSTRALIA 

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.

2.1 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 and Privacy 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. 

3.1 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. 

3.3 An individual must have a unique, valid email address to create an online My DOLCE GUSTO membership account. Limited to one account per person. 

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. 

5.1 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.

5.6 You have the ability to change your delivery address through the "edit profile" feature and during the confirmation stage at the checkout.

5.7 All capsules sold will have a minimum of 8 weeks shelf life.

6.1 Nescafé Dolce Gusto 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 Nescafé Dolce Gusto any GST payable for the provision of the Goods and Services. 

7.1 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, it is up to the drivers discretion. If the driver believes it is safe to leave the parcel they will, otherwise they will leave a card and the parcel is taken to the local post office for collection. If it’s not collected within 10 days the Goods will be returned to "us" and you will be refunded the full value of the purchase, minus the delivery charge. From that point, if you still wish to receive Goods, you will have to re-order via the online shop. 

7.2 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 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.

8.1 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, Nescafé Dolce Gusto’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, Nescafé Dolce Gusto 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 Nescafé Dolce Gusto 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. 

9.2 These terms may be varied by Nescafé Dolce Gusto at any time by notice to you or by means of a notice on the website www.dolce-gusto.com.au. Clerical errors are subject to correction without notice. By placing an order after Nescafé Dolce Gusto has posted a new version of its terms, you agree to be bound by that updated version. 

9.3 Nescafé Dolce Gusto may sub-contract or otherwise arrange for another person to perform any part of these terms or to discharge any of Nescafé Dolce Gusto obligations under these terms.

9.4 Nescafé Dolce Gusto 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. 

9.5 You must pay Nescafé Dolce Gusto all costs and expenses incurred by Nescafé Dolce Gusto 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 Nescafé Dolce Gusto or in otherwise enforcing Nescafé Dolce Gusto’s rights against you under these terms. 

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 The Nescafé Dolce Gusto 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. 

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

10.1 Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are also entitled to choose a refund or replacement for major failures with Goods. If a failure with the Goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Goods and to obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods. 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. 

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. 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.

11.1 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.
11.2 Clerical errors are subject to correction without notice.
11.3 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.
11.4 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.
11.5 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.
11.6 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.
11.7 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.
11.8 These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia.