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TERMS AND CONDITIONS OF SALE AND PRIVACY
Nestle (South Africa) Proprietary Limited (“Nestlé”) Conditions of registration and Sale (for online orders)
1. PURCHASE CONTRACT
1.1. The Nestlé website ([insert address]) (“the Website”) is operated by Nestlé (“the Promoter”, “we”, “us” or “our”) which is registered in the Republic of South Africa with the following details:
1.1.1. Registration Number: 1916/001498/07
1.1.2. Registered Office: 8 Anslow Crescent, Anslow Office Park, Bryanston, Johannesburg, 2191; and
1.1.3. VAT Registration Number: 4190108938.
1.2. By registering or placing an order with us online, you agree to be bound by these terms and conditions (“Conditions”) which shall apply to all items advertised on the website. Please read these Conditions carefully. You should pint a copy of these Conditions for future reference. If you do not accept these Conditions, you will not be permitted to order item(s) from the Website.
1.3. By placing an order through the Website, you warrant and represent that you are legally capable of entering into binding agreements and that you are at least 18 years old.
1.4. An order placed by you is an offer and is only binding on us when we accept the offer. We will confirm such acceptance (if any) by sending you an email that we have received confirmation of your order, at which point a contract between you and us will be formed.
1.5. Bulk orders from the trade or consumer groups will not be accepted.
1.6. Ownership in the item(s) ordered on the website by you shall remain vested with us until we have received and cleared payment from you in respect of those item(s). The risk in the item(s) is passed over to you when the item(s) are successfully delivered to you.
1.7. Until such time as ownership passes to you, you shall ensure the item(s) remain movable property, severable from any other movable or immovable property to which the item(s) may be attached.
1.8. The website sells various products as may be listed from time to time.
2.1. The items indicated as being for sale on the website are available for sale at the Rand prices indicated for each of them on the Website. These prices include value added tax.
2.2. Please refer to paragraph  for details on delivery costs which shall be over and above the Rand prices indicated for each item on the Website.
3.METHOD OF PAYMENT
3.1. Payments may be made by the following credit and debit cards: Visa and MasterCard. We will not dispatch your order until we have received cleared funds from your account.
3.2. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage.
4.1. Delivery will be made by courier to the address specified by you when you register on the Website, provided the address is within the Republic of South Africa.
4.2. You have the ability to change this address through “My Account” / “My Addresses” feature and during the confirmation stage at the checkout.
4.3. You will be notified by a delivery confirmation email that your order is on the way. It is your responsibility to ensure you are available to receive the delivery.
4.4. Delivery of the products at the shipping or delivery address contemplated in paragraph 4.1 shall constitute good delivery. Any acknowledgement of receipt by you or any authorised representative or employee of you, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery. Although reasonable care shall be taken, we accept no responsibility whatsoever for incorrect delivery details provided to us or if an employee or representative at your chosen address accepts delivery of the products and is not authorized to do so, or does so under false or fraudulent circumstances.
4.5. All items ordered can be tracked using the courier’s online tracking system.
4.6. If you are not at home when the courier delivers your parcel, they will attempt to deliver at a later date. If this happens they will leave a card with a parcel reference number on it. With this number you can find out where your parcel is and re-arrange a delivery over the phone or through the courier’s online tracking system. After three attempts, the goods will be returned to us and you will be refunded the full value of the purchase price, less the delivery charge. From that point, should you still wish to receive your order, you will have to place the order again through the Website.
4.7. If a single order is equal to or over R800.00 (eight hundred Rand), delivery shall be free of charge in respect of that order. For all orders below R800.00 (eight hundred Rand), a delivery charge of R80 shall be levied.
4.8. Orders will be delivered within 3 (three) to 5 (five) business days from the day that the order is placed (“Delivery Period”). Where an order is accepted by us, we will use our reasonable endeavours to ensure that the ordered item(s) is/are delivered within the Delivery Period.
4.9. Orders placed at the weekend or after 6pm will be processed on the next business day.
4.10. Delivery of orders placed over the seasonal period may take longer than the Delivery Period.
4.11. Products are subject to availability and prevailing market conditions. In the event of non-availability of any goods, this will be stated on the Website. From time to time, delivery times may be impacted by external conditions beyond our control.
4.12. When effecting delivery, you shall be responsible for receiving and unloading the items in the presence of our or the courier’s representative making the delivery.
5.DEFECTIVE GOODS OR INCOMPLETE OR INCORRECT ORDERS
You must inspect the products and notify us within 7 (seven) days of delivery by phoning our Consumer Services team on 086 009 6116/+27 11 514 6116. if you are not satisfied for whatever reason (including incorrect quantities and/or products). If the item purchased is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your legal rights.
6.AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1. You may cancel our order at any time from the date of the order up until the date that is [14 (fourteen) business days] from receipt of the item(s) by calling our Consumer Services team on 086 009 6116/+27 11 514 6116.
6.2. If you cancel your order before you have received the item(s), you are entitled to refuse to accept delivery of the item(s) and we will refund to you the purchase price for the item(s) with 14 (fourteen) business days of your refusal to accept delivery of the item(s).
6.3. If you cancel your order of the item(s) after you have received it/them, you must return the item(s) to us in an undamaged and unused condition at your expense within 14 (fourteen) days from informing us of your cancellation. Within 14 (fourteen) business days of receipt of your item(s), we will refund to you the purchase price for the item(s) including the delivery cost. This provision does not affect your statutory rights in that regard.
7.1. Please note that in certain circumstances a returns option may not be available to you due to factors beyond our reasonable control.
7.2. Returns of all products can occur in one of the following ways, namely (1) via the SAPO or, (2) by Courier.
7.3. SA Post Office ("SAPO") return: when returning Products via the SAPO, you must first register a return on our online system. A reference number and a return address will be issued to you, as well as an estimated credit value. You must insert the merchandise into appropriate packaging, pay the SAPO for the return costs and hand the package in at the appropriate SAPO counter. The estimated credit value is subject to change based on the condition of the returned products once received by us.
7.4. Courier return: when returning products via Courier, you must first register a return on our online system. A reference number and a return address will be issued to you. You must then insert the products being returned into appropriate packaging and this will be collected by the Courier in accordance with the instructions received from us. The courier charge will be deducted from the return credit. While our system will reflect an estimated credit value before the return is concluded, this estimated credit value is subject to change based on the condition of the returned products once received by us.
7.5. Refunds will occur as follows:
7.5.1. In the event that the return occurred via the SAPO or Courier, if you purchased the products using a credit, cheque or debit card, then the applicable card will be credited with the refund.
7.5.2. In the unlikely event of a non-collection from SAPO or a non-delivery from the courier, the products being returned will be sent to our returns process facility. All products returned via SAPO or Courier shall also be sent to the Nestle returns facility.
8.1. Save in respect of death or personal injury caused by our negligence, to the extent permitted under law, our liability shall be limited to the purchase price of the item in question.
8.2. The images of the items on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images.
9.1. We make no representations whatsoever and give no guarantees against latent or patent defects in respect of the items ordered, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.
9.2. We shall not incur any liability of whatever nature arising in contract or delict from any injury, loss or damage to any person or property arising from the use of the Products.
9.3. The items supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the items are handled, stored, installed, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by us.
9.4. No action or claim of whatever nature shall lie against us arising out of or in connection with any defects in, or unsuitability of, any items.
11. SPECIAL OFFERS, PROMOTIONS AND COMPETITIONS
From time to time and at our complete discretion, purchases of goods may be subject to special offers.
12.1. Applicable laws require that certain communications should be in writing. You agree that we may communicate with you by email, by posting notices on the website or by writing to you at your postal address and accept (without affecting your statutory rights) that such communications comply with any legal requirements for any communications to be in writing.
12.2. Our agreement shall be governed by the laws of the Republic of South Africa and the parties submit to the exclusive jurisdiction of the South African courts.
12.3. You, to the extent permissible in law, waive any right of set off you might have against us in respect of any amount which may now or in the future be or become owing by us to you. You agree and acknowledge that you shall not be entitled to advance the defence of set off or mutual extension of debts or counter claim in any proceedings which we may bring against you for the enforcement of our rights whether in respect of credit facilities extended by us to you or otherwise.
12.4. We shall have the right to amend or vary these Conditions at any time. You will be subject to the terms and conditions in force at the time you place an order in respect of that order, unless any change to such terms and conditions is required by law or any government authority.
12.5. All notices given by you must be sent to our address set out in paragraph 1.1 above.
12.6. Notices will be deemed received and properly served within 5 (five) days of receipt by us. Notices may be posted on the Website, sent via email or though the post.
12.7. The Website is also subject to the Nestlé Website terms and Conditions. Please visit: http://www.nestle.co.za/info/tc.
Nescafe Dolce Gusto Valentines Month Promotion T’s and C’s.
By participating in the NESCAFÉ® Dolce Gusto® Valentines month promotion entrants agree to the rules set out below.
- This promotion is limited to residents of South Africa. In addition, the following people shall not be eligible to participate in this promotion:
1.1. Directors, members, partners, promotional and advertising agents, merchandisers, employees or consultants of Nestlé (South Africa) Proprietary Limited (“Nestlé”) and the organisers of the promotion.
1.2. People who are not legal residents and/or legal citizens of the Republic of South Africa.
1.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified in 1.1 above.
1.4. Persons under the age of 18 years.
2. The promotion commences on 13 February 2017 and ends on 28 February 2017.
3. Consumers will receive the following discount on selected machines:
3.1. 50% off a Jovia machine
3.2. 50% off a Mini Me machine
3.3. 50% off a Genio machine
3.4 50% off a Circolo machine
4. This promotional discount is available to all consumers that purchase a NESCAFÉ Dolce Gusto Machine from dolce- gusto.co.za.
5. Consumers will receive an automatic discount of up 50% off the purchase price of their selected NESCAFÉ Dolce Gusto machine(s) when proceeding to check out on dolce- gusto.co.za.
6. Discount applicable while stocks lasts and only on dolce- gusto.co.za.
7. The discount is not transferable, and no substitution or cash redemption is permitted.
9. The participants may be required to take part in publicity campaigns for broadcast or publishing purposes. Participants shall at all times be entitled to decline the above request. Participants that take part in any publicity will not be entitled to any payment or other remuneration for such publicity or otherwise. All publicity and other materials will be the sole property of the promoter.
10. The organisers of the promotion reserve the right to cancel or postpone the promotion at any time.
11. Nestlé reserves the right to amend the terms and conditions at any time without any notice being given to the participants.
12. No participant shall have any resource or claim against Nestlé as a result of: (a) any amendment to these terms and conditions; or (b) Nestlé’s cancellation, termination, suspension or postponement of the promotion.
13. For further information or enquiries please email our consumer services at www.nestle.co.za or call us on the following number: 086 009 6116 (please note that this is a shared cost call).