1. DEFINITIONS

In these terms:
Goods means any goods provided by Nespresso to you.

Nespresso means Nestlé Australia Ltd ABN 77 000 011 316 trading as Nespresso Australia and its officers, employees and agents.

Services means any services provided by Nespresso to you.

You means the person (s) purchasing Goods and Services from Nestlé which these conditions accompany.

2. APPLICABILITY OF TERMS AND CONDITIONS OF SALE

2.1 Each order placed with Nespresso by means of our website shall be governed by these Terms and Conditions of Sale. By placing an order, you acknowledge that you have read, understood and accepted, these Terms and Conditions of Sale.
2.2 By using this website, you also accept and agree to be bound by our Terms of Use and Privacy Policy. Nespresso invites you to read them carefully before using the services provided on this website.
2.3 Nespresso may modify these Terms and Conditions of Sale at any time by posting a new dated version on this website, notice on the website or by email to you. By placing an order after Nespresso has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

3. REGISTRATION

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. Please inform Nespresso about changes of address or other modifications by updating your personal details on this website without delay.

4. PASSWORD

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 under it, even without your knowledge.
4.3 If you know or suspect that someone else knows or has used your password, you should notify Nespressoimmediately.

5. Nespresso CLUB MEMBERSHIP

5.1 When Nespresso accepts your first order for Goods, you will automatically become a member of Nespresso Club. Your Membership is non-transferable and entitles you to the provision of Services. It is your responsibility to ensure that your contact details with Nespresso Club remain correct and up to date.

6. ORDERS

6.1 You may place orders for Goods and Services either by: (a) by calling us on 1800 623 033; (b) online through our website www.Nespresso.com.au; or (c) in person at your local Nespresso store.
6.2 All orders are subject to availability of stock and min/max quantities asNespresso decides from time to time.
6.3 Nespresso offers its products on this website within the limits of its available stocks.
6.4 Nespresso reserves the right to refuse orders whether whole or in part in its discretion. 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. If your order has been accepted and your Goods have been dispatched, we will send you an e-mail confirmation. 

7. DELIVERY AND RECEIPT

7.1 Nespresso 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, Nespresso will not be liable for any failure to deliver or delay in delivery of the Goods or Services.

7.2 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 or leave a card with details of an alternate pick-up address. Any costs incurred by Nespresso due to any failure by you to accept the Goods at time of delivery must be reimbursed by you to Nespresso.
7.3 Invoices for Goods may include a flat rate charge for freight and delivery for packages weighing up to 3kg and, for packages over 3kg, an additional freight and delivery charge as specified by Nespresso at checkout.
7.4 If you wish to have Goods or Services provided by means other than Nespresso’s usual means, you will need to make all necessary arrangements and pay all costs involved.
7.5 Twilight Delivery is only available to customers within specified postcodes in the Sydney Metropolitan Area.
7.6 Twilight Delivery is only available if the order is placed prior to 1pm, Monday to Friday. 
7.7 Twilight Delivery orders placed after 1pm will be delivered in the evening, the following business day. 
7.8 The Twilight Delivery service is contracted to a third party supplier (WantItNow Couriers) and the courier will contact customers directly to confirm delivery and provide delivery tracking.

8. PAYMENT

8.1 Nespresso may change the price of Goods and Services and other sales details from time to time without notice to you.
8.2 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 the earlier.
8.3 Invoices are payable on or before receipt of Goods or provision of Services. Time is of the essence in relation to all payments of money to Nespresso under this agreement.
8.4 You must pay Nespresso any GST payable for the provision of the Goods and Services.
8.5 You are responsible for all duties, taxes and clearance charges that may be levied on the Goods or Services.

9. TITLE AND RISK

9.1 Title in Goods passes to you on the latter of delivery and payment in full for them.
9.2 Risk in Goods passes to you on delivery of the Goods to you, unless you arrange for delivery under clause 8.4 in which case risk passes when the Goods leave Nespresso’s premises.

10. EXCLUSIONS AND LIMITATIONS

10.1 To the extent permitted by law, Nespresso 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.

11. RETURNS

11.1 You must notify Nespresso within a reasonable time of receipt of any incorrect order. If required by Nespresso, such Goods forming part of the incorrect order must be returned by you to Nespresso within a reasonable time.

11.2 Where the incorrect order is the fault of Nespresso, the costs associated with return delivery will be covered by Nespresso.

11.3 Please notify Nespresso promptly on becoming aware of any damaged or faulty Goods. Nespresso may decline any returns where a damage or fault is caused by your misuse or neglect. To assist Nespresso to assess a claim that the Goods are damaged or faulty, Nespresso may require you to return the Goods in accordance with its reasonable instructions.

11.4 When a refund or replacement is due to you, Nespresso will endeavour to provide a refund or replacement within 30 days of receipt of the returned Goods.

12. GENERAL

12.1 These terms and any invoice referencing these conditions govern your membership of Nespresso Club 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.
12.2 These terms may be varied by Nespresso at any time by notice to you or by means of a notice on the Australian pages of the website www.Nespresso.com.au
12.3 Clerical errors are subject to correction without notice.
12.4 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.
12.5 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.
12.6 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.
12.7 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.
12.8 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. 

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