GENERAL CONDITIONS OF SALE
1. Applicability of General Conditions of Sale
1.1 Each order placed with Nestlé Canada Inc. (“Nestlé”) by means of this website shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Privacy Policy. Nestlé invites you to read them carefully before using the services provided on this website.
1.3 Nestlé reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after Nestlé has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
2. Registration
2.1 When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete.
2.2 Please inform Nestlé about changes of address or other modifications by updating your personal details on this website without delay.
3. Password
3.1 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.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify Nestlé immediately.
4. Orders
4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with Nestlé on this website are subject to minimum and maximum quantity limitations.
4.3 Nestlé offers its products on this website within the limits of its available stocks.
5. Order Confirmations
5.1 The order you place on this website will not constitute a binding contract unless and until Nestlé transmits a confirmation by e-mail.
5.2 Nestlé reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by Nestlé constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
6. Prices
6.1 Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select.
6.2 Nestlé reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
7. Customs Duties
7.1 You may be subject to import duties and taxes that are levied once the merchandise reaches your country. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
8. Delivery
8.1 All orders confirmed by Nestlé will be delivered to the delivery address you specify when placing your order.
8.2 Nestlé does its utmost to ensure deliveries within five to ten working days after receipt of an order.
8.3 Deliveries can only be made to the Provinces specified on this website.
8.4 Free standard delivery on online orders of $49 CAD or more.
9. Verification of Merchandise
9.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
9.2 In case you observe damage or missing items, you must notify and file claim with the carrier and inform Nestlé within 7 days after the delivery. Nestlé shall in such a case provide you with identical replacement merchandise.
10. Returns
10.1 All products sold on this website are final sale and cannot be returned once they have been purchased.
11. Payment
11.2 Payment can be made by credit card, Paypal, Apple Pay or Google Pay. Payment is immediately due and payable. Your payment details will be encrypted for security purposes.
12. Late Payment
12.1 In the event of late payment, you will be charged interest on the outstanding balance as well as any administrative and legal collection costs.
12.2 Nestlé reserves the right to refuse any new order until full payment of any overdue balance.
15. Limitation of Liability
15.1 The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. Nestlé shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
15.2 Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed. IN NO EVENT SHALL NESTLÉ BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY Nestlé), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
16. Force Majeure
16.1 Nestlé will make every reasonable effort to fulfil its obligations. However, Nestlé cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
16.2 In the event of delay, Nestlé will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
17. Applicable Law and Forum
17.1 The present General Conditions of Sale are governed by the law of the country of incorporation of the Nestlé company that invoices you for the order.
17.2 The exclusive forum is in the same country as that of the applicable law.
01/2024
Nestlé Canada Inc.
25 Sheppard Ave W.
Toronto, ON
M2N 6S6
Email: consumer.care@ca.nestle.com