Terms and Conditions
Unless otherwise agreed in writing, these Terms and
Conditions of Sale (Terms) apply to and govern all sales of goods and supply of
services by Nutricia Australia Pty Limited (Seller) to you (Customer). Any
order for goods or services from the Seller placed by the Customer on the
website www.souvenaid.com.au will be deemed acceptance of these Terms.
Unless otherwise agreed in writing, the Seller’s
quotation (if any), the Seller’s standard online order form and these Terms
constitute the entire agreement between the Seller and the Customer for each
leaflets, promotional material and other documents supplied by the Seller are
supplied only for information purposes and do not alter or vary these Terms.
The Seller will only use the customer’s personal
Before placing an order the customer will be asked to
agree to these Terms. The Customer must tick the box marked "Accept"
at the end of these Terms to accept them. If the customer refuses to accept
these Terms they will not be able to order any Products from the sellers website.
The customer should print a copy of these Terms or save
them to file for future reference.
Customer’s Order and Products
placed by the Customer must be placed on the sellers standard online order form.
An order will only be binding on the Seller when the
Seller accepts an order. Once the Seller has accepted an order, it cannot be
cancelled by the Customer
without the Seller’s prior approval.
After the customer places an order, the customer will
receive an e-mail from the seller acknowledging that the order has been
received your. However, please note that this does not mean that the order has
The Seller will confirm our acceptance to the customer by
sending an e-mail that confirms that the
Products have been dispatched ("Dispatch Confirmation"). The Contract
between the seller and the customer will only be formed the Dispatch
Confirmation email has been sent
The supply of goods or services is subject to
availability and the Seller reserves the right to suspend or cancel any order
(regardless of whether that order has previously been accepted), in whole or in
part upon notification to the Customer.
To the extent permitted by law, the Seller accepts no
responsibility whatsoever, and will not be liable to the Customer, for any
errors in dimensions, quantities, and specifications or otherwise where orders
for any goods are placed on the Seller by the Customer other than in writing.
All orders placed other than on the sellers online order form must be confirmed
in writing and noted as a confirmation to prevent double orders.
The images of the Products on the seller’s website are
for illustrative purposes only. The packaging of the Products may vary from
that shown on images on our site.
The Customer may only purchase Products from our site if:
customer is at least 18 years old;
customer or the person the customer cares for is under the supervision of a
healthcare professional for their condition
customer has been recommended to use the Products by a qualified healthcare
professional (such as a physician or dietitian);
customer provide`s the seller with the
name of the HCP who recommended the product; and
customer understand`s that the product should only be used by the patient it is
ordered for, and may not be resold or passed on to any other person in any
Seller is not able to supply Products if the customer does not satisfy these
representation, promise, statement or description by the Seller, other than
those expressly set out in a quotation, is excluded to the maximum extent
permitted by law and the Customer warrants that it has relied solely upon its
own inspection, skill and judgment and not relied on any such warranty,
representation, promise, statement or description in submitting any order.
Unless otherwise agreed in writing, the selling price for
goods and services is the price specified in the Seller’s website www.souvenaid.com.au.
The Seller reserves the right to update or amend its
prices from time to time and will update its website accordingly.
Unless otherwise stated, the selling price does not
include any GST or other taxes, customs duty, freight or delivery charges or
insurance, which will be charged to the Customer in addition to the listed
price for the goods and/or services. Without limitation, all prices are subject
to variation in exchange rates and supplier costs (which may affect the list
price) unless otherwise agreed in writing. The Seller may charge a reasonable
handling fee for all orders delivered to the Customer unless delivery is made
by the Seller's approved freight forwarder.
Delivery time and place
Unless otherwise agreed in writing by the Seller.
of goods and provision of services is to be made at the Customer’s Premises;
Seller is responsible for arranging delivery of goods; and
Customer is responsible for all freight, delivery and other charges (including
taxes) associated with delivery of the goods unless delivery is made by the Seller’s
Where any quotation or acceptance of order given by the
Seller identifies a delivery date, this date represents the time at which the
relevant goods are to be ready for dispatch from the Seller’s or Seller’s
agent’s premises and not the time at which the goods will be delivered to the
Customer’s premises nor the agreed point of delivery. Where a delivery date or
date of performance of services is specified, the Seller will use reasonable
commercial endeavours to make delivery or perform the services on the specified
date, however, all delivery and performance dates are estimates only and to the
maximum extent permitted by law the Seller is not liable to the Customer or any
other person for any delay in delivery or performance. Delays in delivery or
performance of the goods or services will not entitle the Customer to cancel
any order, withhold payment or not accept delivery of goods unless previously
arranged by the Customer.
Unless otherwise agreed in writing, time is not of the
essence in any delivery of goods or performance of services.
If, for any cause
beyond the Seller’s control (including without limitation, any act of God, war,
strike, lock out, industrial dispute, governmental or semi governmental award,
enactment priority or restriction, fire, flood, storm or tempest, delay in
obtaining Licenses, transport, labour or materials, accidents, damage to the
Seller’s works or business or those of its suppliers (a Force Majeure Event),
the Seller is prevented from making delivery or performance at the time
stipulated, the Seller will be released from all its obligations under these
Terms without liability for non-performance. Upon the occurrence of a Force
Majeure Event, the Seller is entitled, at its option, to extend the time for delivery
or performance for a reasonable period or to terminate the relevant order, however,
the Customer is
not released from
its obligation to
pay for all deliveries made or services performed
prior to the date of suspension or termination of an order and for all expenses
incurred and monies paid by the Seller in connection with the order.
Returning Goods and Claims
The Customer must inspect
the goods immediately following delivery.
Subject to the Australian Consumer Law (ACL), the Customer may only
return goods with the prior approval of the Seller. Subject to the ACL, the
following conditions apply for all goods returned with the approval of the
written return claim (via email, letter or fax) must be received by the Seller
within five (5) working days after the delivery of the goods, any claims made
by phone call need to be authorised by the seller;
original order number and date must be quoted;
approval of the written return claim by the Seller, the Seller or its authorised
agent will issue a returns authorisation form and/or number which is to be
attached to the goods when returned;
goods were originally supplied in a special manufacturer’s carton, any return
must be made in that original carton. All goods must be in their original and
unmarked condition, complete with any instruction sheets supplied;
and inward freight, transport and delivery charges are the responsibility of
the Customer. If not pre-paid by the Customer, the cost of freight, transport
and delivery will be deducted from the amount of credit and, if no credit is
available, then the cost will be invoiced to the Customer;
must be returned within 20 days of the date of delivery;
reasonable re-stocking fee may be charged by the Seller; and
responsibility will be accepted by the Seller for any delays in crediting the
Customer where such delay is caused by goods being incorrectly branded or
returned without adequate identification of both the Customer and of the goods
Subject to the ACL, the following goods cannot be
returned for credit:
goods altered or damaged by the Customer.
Subject to the ACL, any
claim that the
goods or services
are defective, damaged, faulty, short delivered or not supplied in accordance
with these Terms and/or the relevant order must be made at the time of delivery
or the time the services are provided or in writing to the Seller within ten
(10) working days after delivery of the goods or completion of the services to
the Customer. If the Customer fails to make a claim within this timeframe then,
to the extent permitted by law, the goods and or services are deemed to have
been accepted by the Customer and the Seller will not be liable (and the
Customer waives any rights to seek remedies) in relation to any later claim for
any damage to, discrepancy or other non-compliance in the goods or services
received by the Customer.
Any claim for goods damaged in transit must be
accompanied by a photograph of the affected goods. If the Customer fails to
provide photographic evidence of the damaged goods, to the extent permitted by
law, the goods are deemed to have been accepted by the Customer and the Seller
will not be liable (and the Customer waives any rights to seek remedies) in
relation to any later claim for any damage to the goods or received by the
A signed consignment note and/or proof of delivery note
is a legal document and if signed is acceptance that the goods and/or services
have been accepted as delivered by the Customer. If the Customer claims for
short supplied goods and the consignment note and/or proof of delivery note has
been signed by the Customer and indicates the delivery in question was made, to
the extent permitted by law, the goods and or services are deemed to have been
accepted by the Customer and the Seller will not be liable (and the Customer
waives any rights to seek remedies) in relation to the claim for short supplied
Any claim for pricing discrepancies for the goods or
services provided by the Seller must be made in writing by the Customer to the Seller
within ten (10) working days of receipt of invoice.
All claims payments will be made by the Seller by payment
Subject to clause 8.2 and any written warranty entered
into between the Seller and the Customer with respect to goods provided under
these terms and to the maximum extent permitted by law:
Seller excludes and disclaims all guarantees, conditions, warranties,
liabilities, representations and other terms and conditions in relation to the
goods and/or services whether express, implied or statutory; and
goods have not been manufactured by the Seller, the Customer is only entitled
to such benefits as the Seller may receive under guarantees, warranties or
representations given to the Seller by the manufacturer of the goods to the
extent the Seller is able to pass on such benefits.
Nothing in these Terms exclude, restrict or modify any
right or remedy, or any guarantee, warranty or other term or condition, implied
or imposed by any legislation which cannot lawfully be excluded or limited.
This may include the ACL which contains guarantees that protect the purchasers
of goods and services in certain circumstances.
Where any guarantee, term, condition or warranty is
imposed under the ACL or any other applicable legislation (Non-Excludable
Provision), and the Seller is able to limit the Customer’s remedy for a breach
of such Non-Excludable Provision, then the liability of the Seller for a breach
of any such Non-Excludable Provision is limited at the Seller’s option to any
one or more of the following:
the case of the goods:
or replacement of the goods in accordance with clause 15.4 or the supply of
of the cost of replacing the goods or of acquiring equivalent goods, by credit
to the Customer’s account, in cash or by cheque at the Seller’s discretion; or
Parts and labour for repair or replacement under clause 8.3(a)
will be provided by the Seller during normal working hours at a place of
business of the Seller. The Seller is not liable for the cost of transportation
of the goods to such a place of business. All rejected goods or defective goods
will be the property of the Seller to dispose of as it sees fit.
Subject to clause 8
and to the maximum extent permitted by law, but notwithstanding any other
provision of these Terms, the Seller is not liable in any way whatsoever to the
Customer or any third party, whether in tort (including negligence), contract
or otherwise, for any loss or damage, whether direct, indirect, special or
consequential, or for damages relating to loss of profits, opportunity,
revenue, goodwill or anticipated savings, whatsoever and howsoever arising
(including but not limited to loss arising by reason of
delay, non-delivery, defective materials
or workmanship) out of or in connection with the supply of goods or
services. This limitation applies irrespective of whether the loss or damage
was foreseeable and whether or not the Supplier had been advised of the
possibility of such loss or damage.
Application of International law
To the extent
permitted by law, the application of the United Nations Convention on Contracts
for the International Sale of Goods (known as the Vienna Sales Convention 1980)
The Seller may amend
or vary these Terms at any time and will update variations on its website..
The laws of New South
Wales apply to these Terms and any account opened in the name of the Customer.
The parties irrevocably submit to the non-exclusive jurisdiction of the courts
in that State.
A waiver of any
provision of these Terms will not be effective unless express and given in
writing. A failure, delay or indulgence by the Seller in exercising any power
or right will not operate as a waiver of that power or right.
The Customer may not
assign or transfer its rights and obligations under these Terms without the
approval of the Seller which approval will not be unreasonably withheld. The Seller
may assign or transfer its rights and obligations under these Terms at any
Intellectual Property Rights
The Seller owns or has the right to use all intellectual
property rights (including, but not limited to, any trademarks applied to any
goods) in the goods and services supplied pursuant to these Terms (Seller’s
IP). The Customer acknowledges and agrees it has and obtains no rights in
relation to any part of the Seller’s IP.
The Customer shall not use, modify, develop or do any act
or thing with any of the Seller’s IP including, but not limited to using,
registering or attempting to register, any trade name or trade mark which is
the same as or similar to the trademarks used by the Seller and/or applied to
In the event that the Customer becomes aware of or
suspects any infringement of the Seller’s IP, the Customer shall immediately
notify the Seller and shall at the request of the Seller provide the Seller
with such cooperation and assistance as may be
reasonably required by the Seller
in taking any
action against any such infringement or suspected
The provisions of this clause 26 shall survive any
termination or expiry of these terms.
- when you send or post a query or comment via our website;
- when you send us an email;
- when you voluntarily provide information to us including a customer registration form;
- when you participate in research activity, promotional activity, competition or promotion;
- when you request certain products, samples or services;
- when you provide information to us via our clinical care line or customer service line.
The types of personal information we collect depend on your relationship with us and include:
- your name;
- your email address;
- your mailing address;
- your telephone numbers;
- age, sex and other demographic information about you;
- any other information you voluntarily provide to us (this may include health i nformation).
Use of Information
We use the information you provide about yourself for the purposes of placing and processing an order or contacting you regarding changes in products or services related to Nutricia in Australia. We do not share this info rmation with outside parties except to the extent necessary to process and complete an order (including payment). W e may also use your contact details to provide order status and order tracking information, and to respond to an enquiry.
The personal information you provide us may be used in the following ways:
- to deal with your enquiries and requests, to provide you with products, services, or samples
- to assess and handle complaints, and for general customer care purposes;
- to develop and improve our products, services, communications methods and the functionality of our website
- for internal business, accounting, IT and administration purposes;
- for research, planning, analysis, profiling, data cleansing, statistics and segmentation;
- for marketing, and promotional purposes including contacting you by mail, phone, email or SMS and sending you information about products, services, events and offers that may be of interest to you; and
- for market research purposes including questionnaires.
If you provide us with your personal information (eg by emailing us with your queries, or by completing query forms on our website), we will assume that you consent to use using personal information about you for marketing purposes unless you tell us otherwise (eg by opting out online, or by unsubscribing to an email or SMS we send you, or by calling 1800 060
Disclosure of Information
Personal information that you submit to us may only be disclosed to a third party:
- if they are related to Nutricia including our head office and international branches;
- to meet the purpose for which it was submitted;
- if we have your express consent to share the information;
- if we are required or authorised by law to disclose the information;
- if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes; or
- to organisations such as agents, contractors or service providers that perform specific services or functions on our behalf. W e limit this disclosure to the information that they need to perform the required service or function. They are only permitted to use the personal information for this specific service or function and they cannot legally disclose or
use this information for any other purpose. These organisations are also bound by the relevant privacy legislation.
Authority to Exchange Information with other Credit Providers
For the purposes of the following, “credit providers” include:
- credit providers named in my/our credit application;
- any agents of yours that is deemed to be a credit provider; and;
- any credit provider that may be named in a personal or commercial credit report issued by a credit reporting agency or a commercial reporting agency respectively.
Information about my/our personal or commercial credit arrangements which can include information about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act, and the information may be given and used for purposes that include the following:
- to assess an application by me/us for personal or commercial credit;
- to assist me/us avoid defaulting on my/our credit obligations;
- to notify other credit providers of default by me/us;
- to assess my/our credit worthiness and
- to assess my/our position if I/we fall into arrears.
We will never sell your personal information to any other company. In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.
Sensitive and children's information
We will only collect sensitive or health information from you or about you with your consent and use such information in accordance with relevant privacy laws. By supplying sensiti ve or health information you will be taken to have given your consent to our collection of that information.
We have no intention of collecting any personal information directly from individuals under thirteen years of age, although parents or guardians may voluntarily provide us with information relating to their children. When we obtain information about any individual from a third party we will comply with the relevant privacy legislation at all times. A parent or guardian may contact us at any time if they would like to amend, update or remove information relating to their child.
Changing, Correcting and Updating Information
You have the right at all times to access, amend or update your personal details. If you wish to do so, or to raise any privacy issues, please contact us through the "Contact Us" section of our website www.nutricia.com.au or by phoning us on 1800 060 051.
Accuracy and Security
We will take reasonable steps to ensure that the personal i nformation we collect is accurate, complete and up-to-date. W e will take reasonable steps to protect personal information from misuse, loss and unauthorised access, modification or disclosure.
Non identifiable information
We may use non-identifying and aggregate information to better design our website and share with our advertising agencies. For example, we may tell an advertising agency that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women fil led out our registration form, but we would not disclose anything that could be used to personally identify those individuals.