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Terms and Conditions of Sale – NESCAFÉ® Dolce Gusto® Australia
In these terms:
Goods means any goods provided by Nescafé Dolce Gusto to you.
Nescafé Dolce Gusto means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nescafé Dolce Gusto and its officers, employees and agents.
Services means any service provided by Nescafé Dolce Gusto to you
You means the person(s) purchasing goods and services from Nestlé.
2. NESCAFÉ DOLCE GUSTO REGISTRATION & WEBSITE USE
2.1 Each order placed with Nescafé Dolce Gusto by means of the Nescafé Dolce Gusto website will be governed by these terms. By placing an order, you acknowledge that you have read, understood and accepted these terms.
2.2 When Nescafé Dolce Gusto accepts your first order for Goods, you automatically become registered with Nescafé Dolce Gusto. It is your responsibility to ensure that your contact details with Nescafé Dolce Gusto remain up to date.
2.3 An individual must have a unique, valid email address to create an online My DOLCE GUSTO membership account. Limited to one account per person.
2.4 On the AU Website, the Welcome Offer is a $10 webshop discount voucher code to spend in the NESCAFÉ® DOLCE GUSTO® webshop. To qualify for the $10 webshop discount offer, NESCAFÉ® DOLCE GUSTO® machine owners must register with My DOLCE GUSTO online, and enter the unique machine code found on the back of the Welcome booklet that came with their machine, at checkout when placing an order or under the 'My Bonus' section of the website. If the code is added under 'My Bonus', it must be redeemed when in the basket. It will not be automatically added to the basket. The $10 discount code may be used as part payment for orders with a total value of $40 or more (excluding delivery fee). Discount codes are unique and can only be used once. Only one discount code can be used per transaction. Webshop discount must be used within 12 months of issue. It is not redeemable for cash.
3.1 You may place orders for Goods and Services online on www.dolce-gusto.com.au.
3.2 All orders are subject to availability of stock and min/max quantities as Nescafé Dolce Gusto decides from time to time.
3.3 Nescafé Dolce Gusto reserves the right to refuse orders whether whole or in part in its absolute discretion.
3.4 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, a card with a contact number will be left for you to arrange with the courier an alternative drop off time. After two attempts 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.
4.1 You must verify your order of goods upon delivery. Please notify Nescafé Dolce Gusto on 1800 466 975 FREE of any incorrect order as soon as discovered by you. If required by Nescafé Dolce Gusto, Goods forming part of the incorrect order must be promptly returned by you to Nescafé Dolce Gusto in accordance with instructions by Nescafé Dolce Gusto which may include returning the Goods in their original packaging, accompanied by the invoice.
4.2 When returns are accepted by Nescafé Dolce Gusto and a refund is due to you, Nescafé Dolce Gusto 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 dates.
4.4 Please choose carefully as Nescafé Dolce Gusto does not accept return of goods because you change your mind.
5. DELIVERY AND RECEIPT
5.1 Nescafé Dolce Gusto 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, Nescafé Dolce Gusto 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 Service. Any costs incurred by Nescafé Dolce Gusto due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nescafé Dolce Gusto.
5.2 Invoices for Goods may include a flat rate charge for freight and delivery as specified by Nescafé Dolce Gusto.
5.3 If you wish to have Goods or Services provided by means other than Nescafé Dolce Gusto’s usual means, you will need to make all necessary arrangements and pay all costs involved.
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. TITLE AND RISK
7.1 Title in Goods passes to you on the latter of delivery of the Goods and 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 Nescafé Dolce Gusto 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, 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 the 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 When you register for the NESCAFÉ Dolce Gusto Subscription on our web site you will automatically be signed up to receive a delivery of capsules.
10.2 Capsules will be dispatched to you once a month or bi-monthly, dependent on your selection, from the date you sign up.
10.3 If the prices increase you will be notified by email before your next order is placed.
10.4 You can make changes to your orders or subscriptions. Please sign into My Account for details. You will be notified by email that your account has been changed / cancelled. Any orders that have been processed before the change/cancellation will be dispatched by us.
10.5 You may choose a subscription offer. When registering for a subscription, you choose to order 6 or more capsule boxes of your choice per month or bi-monthly (‘subscription order’) and either:
(a) OFFER ONE: you will be eligible to a 15% discount on the subscription order; or.
(b) OFFER TWO: provided you agree to commit to a minimum subscription period of 6 orders (i.e. 6 months if subscribe monthly or 12 months if subscribe bi-monthly), then you will receive at no additional charge one Nescafé Dolce Gusto GENIO coffee machine and you will be eligible to a 10% discount on the subscription order. Please note that the minimum spend for this offer 2 as at the publication date of these terms and conditions is $275.08 (based on capsule box selling at $8.49 prior to discount). If the price of capsules increases during your subscription period, then the minimum spend will accordingly increase based on that price rise.
10.6 If a product is out of stock, we will notify you via email and ask you to make an alternative choice before your order is processed
10.7 If a product within your subscription has been discontinued we will notify you via email and ask you to make an alternative choice before your order is processed
10.8 Subscription offers cannot be used in conjunction with any other offers including discount voucher codes. In the event of a Subscriber wishing to take up any of the non-subscription promotional offers available from time to time, they will be required to place a separate non-subscription order to qualify for that offer.