TERMS AND CONDITIONS

Welcome to MyNestlé (hereinafter referred as the “Website”)! We hope that you will enjoy your online experience.

This Website is owned and operated by Nestlé India Limited, a company incorporated under the Companies Act, 1956, and has its registered office at 100/101, World Trade Centre, Barakhamba, Lane, New Delhi – 110 001 (hereinafter referred to as “Nestlé India”, “We”, “Us” or “Our”) which expression shall unless repugnant to the context or contrary to the meaning thereof, be deemed to mean and include its successors, authorized signatories, administrators & assigns).

These Terms and Conditions are divided into 2 (Two) parts:

Terms of Use
General Conditions of Sale

Terms Of Use

Acceptance and Modification of the Terms of Use
1. The access and use of the Website by a guest or a registered customer (hereinafter referred to as the “ customer”, “ you” or “ your”) are governed by the present terms of use (the “ Terms of Use”). By accessing, browsing, using, and/or registering yourself on the Website, you acknowledge that you have read, understood, accepted, and bound by, without reserve, these Terms of Use, as modified from time to time. If you do not agree to these Terms of Use, you may not use this Website.
2. If we decide to modify our Terms of Use, we will post a new dated version on the Website without any prior notice. Therefore, we invite you to consult these Terms of Use from time to time to familiarise yourself with any changes.

Copyright and Intellectual Property
1. The content of the Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, Product(s), and processes are the sole property of Nestlé India or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2. Except as provided in Section 3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting, by implication, estoppel, or otherwise, any license or right to use any such content of our Website.
Use of the Website

Nestlé India grants a non-exclusive, non-sublicensable, non-transferable, revocable, and limited right to the Customer to access and use this Website.
The customer agrees to use the Website and the content provided therein only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law.
The customer may download, display or print the content of the Website solely for personal, non-commercial use, thereby retaining and reproducing all intellectual property rights, including any copyright notice which may appear on such content (e.g. © 2022 Nestlé India) or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Nestlé India.
The customer undertakes not to post or publish any information on to the website that is abusive, defamatory, threatening, obscene, indecent, disparaging, pornographic, harassing, violates the legal right of others, or otherwise encourages conduct that would give rise to civil or criminal liability under the Indian law.
The customer further undertakes not to post any unsolicited or unauthorized promotional materials, advertising, or any other form of solicitation including any material non-public information about a company without obtaining the prior written consent of Nestlé India.
The customer undertakes not to use or impersonate any person or entity, third parties’ likeness, names, and/or properties, falsely indicate or misrepresent your affiliation with any person or entity.
The customer undertakes not to do any act which is in violation of the Information Technology Act, 2000 or any Rules and regulations framed by an authorized entity mentioned in the said Act. You hereby confirm that in case of any “Cyber Security Incident” as defined and understood in local laws, you shall immediately inform via email to: gsoc@nestle.com, southasia.servicedesk@in.nestle.com, and inlgoit@internal.nestle.com
The customer shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Nestlé India reserves its right to bar any such activity.
The customer shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
We may review, edit, or delete materials that a customer or others send to this Website but we are under no obligation to do so and assume no responsibility or liability arising from the material. Nestlé India may cancel or terminate a customer’s access or use of the Website of any registration/s or account/s on this Website at any time, without notice or liability, for any reason, including if technical problems, irregularities, misuse, or breach occurs.
Nestlé India neither warrants nor represents that a customer’s use of any content displayed on the Website will not infringe the rights of third parties.

Information Deemed Non-Confidential
1. Any personally identifying data and information that you may send via the Internet to our Website is protected and treated according to our Privacy Policy. Nestlé India invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information. Find out more about our Privacy Policy.
2. Any other information or material communicated to Nestlé India through the Internet, by electronic mail or otherwise, including any feedback, data, questions, comments, suggestions, ideas, graphics, or the like, is and will be treated as non-confidential and non-proprietary and Nestlé India shall deal with the same in the manner as it deems fit. Anything you transmit or post becomes the property of Nestlé India and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Specifically, Nestlé India is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising, and marketing Product(s) using such information. Any such use is without compensation to those providing the information, nor anyone else.
3. By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that Nestlé India’s use will not violate any third party’s rights. Nestlé India is under no obligation to use the information provided.
Disclaimer of Warranties
1. Without prejudice to Section 6 hereinafter, any material, information, and all that you find on the website is furnished to you “as is”, in the function of their availability, and without guaranty of any sort, express or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
2. Nestlé India does not guarantee that the Website or its content will correspond to your expectations, will not be interrupted, timely, secure, and free of error.
3. Some jurisdictions may not allow certain limitations of warranties, so some of the above exclusions may not apply to you.
4. Any advice or information, be it oral or written, obtained from Nestlé India or during the use of services made available on the Website, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use. It is clarified that nothing on this Website constitutes an invitation or offer to invest or deal in the securities of Nestlé India. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this Website as also from the historical performance on account of factors such as changes in government regulations, tax regimes, economic developments within India, and the countries within which Nestlé India conducts its business, exchange rate, and interest rate movements, the impact of competing Product(s) and their pricing, Product(s) demand and supply constraints. The past performance of the price of securities must not be relied on as a guide to their future performance.
Indemnification
1. By accessing or using this Website, you agree to defend, indemnify and hold harmless Nestlé India and its affiliated entities and their respective directors, officers, employees, agents, providers, representatives and licensors against all claims, losses, costs, and expenses including without limitation lawyer’s fees and cost arising out of any of the following:
  1. use of or activities in connection with the Website by yourself or anyone using the Website through your internet protocol or account or network which are wrongful conduct and /or negligent.
  2. Any claims for infringement of intellectual property rights, defamation, or libel relating to any material /content that you make available /send to the Website, that infringes or violates intellectual property rights.
  3. Any breach or violation of these Terms of Use by you or through any account you create in connection with the Website.
  4. Any other matter regarding this Website and your use of it.
Limitation of Liability
1. Customer to access, use, browse, and navigates the Website at their own risk.
2. You recognize and accept that, to the fullest extent permitted by applicable regulations, neither Nestlé India, any of its affiliated companies, nor any other party involved in creating, producing, or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Nestlé India), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or its content.
3. All materials which are downloaded or obtained in any other manner during the use of our Website are at the customer’s own risk. Nestlé India assumes no liability for any damage or virus which could affect the customer’s computer equipment or other property by reason of its access to, use, or downloading of any material from the Website or for any illegal intrusion or intervention in the IT systems.
4. Nestlé India reserves the right to interrupt or discontinue any or all of the functionality of the Website. Nestlé India accepts no responsibility or liability whatsoever for any inaccurate information, erroneous content, interruption or discontinuance of any or all functionality of the Website resulting from actions or omissions of Nestlé India or any third party.
Change of Information
1. The Content of our Website may contain inaccuracies or errors. Nestlé India reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
Availability of Product(s) / Services
1. The Website may contain information on Nestlé India’s worldwide Product(s), not all of which are available in every location. A reference to a Nestlé India Product(s) on the Website does not imply that such Product(s) are or will be available at your location.
Eligibility to Use
1. Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Website and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product(s) on the Website only with the involvement of a parent or guardian.
2. You may access and use the Website either as a registered customer or as a guest. However, not all the features /services of the Website will be accessible to the guest(s) of the Website.
3. In the event, a guest registers by creating an Account in order to avail of the services provided on the Website (“registered customer”), the registered customer will be responsible for maintaining the confidentiality and security of the Account Information, and fully responsible for all activities that occur under the registered customer’s Account. The registered customer agrees to:
  1. immediately notify us of any unauthorized use of its Account Information or any other breach of security; and
  2. ensure to sign out from its Account at the end of each session.
4. We will not be liable for any loss or damage arising from the registered customer’s failure to comply with this section. The registered customer shall be solely held liable for losses incurred by us or any other customer to the Website due to the authorized or unauthorized use of the registered customer’s Account as a result of its failure in keeping its Account Information secure and confidential. The registered customer shall ensure that the Account Information provided in the Website's registration form is complete, accurate, and up to date. Use of another user's Account Information for availing of the services on the Website is expressly prohibited. If any information provides is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Nestlé India has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate such registered customer’s Account and refuse to any and all current or future use of the Website/services (or any portion thereof).
Payment Related Information
1. You understand and agree that we have engaged a Payment Aggregator (i.e., PayU) for processing payments on this Website. You requested to refer to the privacy policy as well as the terms & conditions of the Payment Aggregator.
2. You agree to provide correct and accurate financial information, including but not limited to credit/debit card/UPI/digital wallets/net-banking/pre-paid cards details to the approved payment gateway or pre-paid payment instrument for purchasing the Product(s) on the Website. You shall not use financial information, which is not lawfully owned by you, i.e., in any transaction, you must use your own credit/debit card/UPI/ digital wallets/net banking/pre-paid cards. The financial information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order or in accordance with the terms of the Privacy Policy of the Payment Aggregator. The customer will be solely responsible for the security and confidentiality of its financial information. Nestlé India expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your financial information.
3. For the customer(s) making payments for buying the Products on the Website, the terms and conditions of the customer(s) bank, applicable financial institution, and/or card issuing association may also be applicable. Customer(s)bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on the Website and Nestlé India does not control the same and shall not be liable for the same.
Links
1. You may operate a third-party website and wish to link to this Website. In this case, Nestlé India does not object to such linking provided that you use the exact homepage url of this Website (e.g. no deep linking) and do not suggest in any way that you are affiliated with or endorsed by Nestlé India. You must not use “framing” or similar practices and must ensure that the link to the Website opens in a new window.
2. MyNestlé contains links to other websites to facilitate a multi-platform experience. Please note, on clicking on these links you shall be governed by the Terms of use and Privacy policy of the respective websites. Nestlé India shall not responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions. As a result, we invite you to carefully review the legal notices of such third-party websites, including keeping yourself informed of any changes to them.
Governing Law and Jurisdiction
1. All matters relating to the Website, access to, or use of shall be governed by the laws of India applicable therein without reference to the conflict. You agree and hereby submit to the non-exclusive jurisdiction and venue of the courts in New Delhi with respect to such matters. Nestlé India makes no representation that materials on this Website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so, on their own initiative and are responsible for compliance with local laws.
Miscellaneous
1. All notices with respect to these Terms of Use from Nestlé India will be served to you by email or by general notification on the Website. Any notice provided to Nestlé India pursuant to these Terms of Use should be sent to our Grievance Officer at grievanceofficer.mynestle@in.nestle.com
2. The present Terms of Use embody the entire agreement concluded between Nestlé India and you concerning the access and the use of this Website and its content. Any other terms or conditions issued by Nestlé India and governing its relations with you, in particular relating to the purchase of Product(s), shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.
3. The fact that Nestlé India tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
4. In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, and all other provisions of the Terms of Use maintaining full force and effect between yourself and Nestlé India.
5. The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
Grievance Officer
1. The Grievance Officer for the purpose of this Website can be contacted at grievanceofficer.mynestle@in.nestle.com.
Nodal Officer
1. The Nodal Officer for the purpose of this Website can be contacted at nodalofficer.mynestle@in.nestle.com

General Conditions of Sale

Introduction
1. These General Conditions of Sales govern all transactions/orders placed by individuals, referred to as "customer", "you" “your”, with Nestlé India Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 100/101, WorldTrade Centre, Barakhamba, Lane, New Delhi – 110 001 (hereinafter referred to as “Nestlé India”, “we”, “us” or “our”) which the expression shall unless repugnant to the context or contrary to the meaning thereof, be deemed to mean and include its successors, authorized signatories, administrators & assigns), on the Website (each an "Order"), for our products (the "Product(s)").
2. Before using the Website and associated webpages and/or placing an order, we request you to carefully review all the terms included in these General Conditions of Sales together with the Privacy Policy and the Terms of Use mentioned above and any additional conditions that may appear on the Website from time to time.
3. Each Order placed on the Website shall be governed by the present General Conditions of Sales. Unless otherwise provided in the present General Conditions of Sales, they shall apply to the exclusion of all other conditions.
4. Our General Conditions of Sales may be modified from time to time by posting a new dated version on this Website without any prior notice. You are invited to read our General Conditions of Sales on a regular basis to be informed of these modifications. You will be subject to the General Conditions of Sales in force at the time you order Product(s) from us unless any change is required to be made to these by law or governmental authority (in which case it will apply to orders previously placed by you).
5. A customer can download, save and/or print a copy of these General Conditions of Sales for its records.
6. These General Conditions of Sale apply only to sales in NCR - Delhi, India. International orders are not available via this Website.
7. Purchase of our Product(s) from any third-party retail locations or via any third-party websites is not covered by these general conditions of Sale. Third-party terms and conditions will apply to such sales, as applicable.

Offer and Acceptance of Product
1. We hereby make an offer to sell the Product(s) listed on the Website and the customer upon agreeing to purchase the Product(s) listed hereby accepts such offer to sell by Nestlé India. Accordingly, the contract for the sale of the Product(s) is a bipartite contract between the customer and Nestlé India
2. The customer understands and agrees that the offer for the sale of Product(s) by Nestlé India is not an absolute or unconditional offer. Such offer to sale by Nestlé India is subject to repudiation by Nestlé India at any time before the delivery of the Product(s) and without any obligation to assign or provide any reason for such repudiation and without any consent from the customer and without any liability or any obligation towards the customer. Nestlé India has the right to cancel any sale transaction, listing, or acceptance (i)for any reason in accordance with these General Terms of Sale, Website Terms of Use, Privacy Policy, or under any contract or policy (ii) under an order or instruction from any statutory, quasi-judicial, or judicial authority.
3. To the extent permitted by law, Nestlé India is entitled to refuse, cancel or terminate an order(s) for any reasonable ground and at any time. For example, we may refuse an order if a Product(s) is totally or partially unavailable after the order is made. In this situation, you shall be informed of the delivery of partial order or the cancellation of your order. If you have already paid for some or all of the product (s), we will refund you the amount in respect of the relevant Product(s) or add store credits for the same amount, as per your preference, as soon as possible. Nestlé India may also refuse an order if there is an ongoing dispute concerning payment of prior orders or in the case of abnormal orders and orders that Nestlé India suspects are not placed in good faith.
4. With respect to the sale of Product(s) by Nestlé India to Customers, Nestlé India hereby represents and warrants that:
  1. Nestlé India has the right to sell the Product(s) on or through the Website;
  2. Customer shall have and enjoy quiet possession of the Product(s);
  3. Product(s) shall be free from any charge or encumbrance in favor of a third party;
  4. Customer shall be entitled to all the warranties and other collaterals applicable to the Product(s); and
  5. Product(s) shall meet the description and specifications as provided on the Website.
5. Nestlé India does not covenant or provide any representations and warranties in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product(s) or pricing information and/or specifications) on the Website.
Order Process

1. Registration:
  1. As a prerequisite to placing an Order, a customer will be required to provide certain registration information, such as their name, phone number, and email address that will need to be correct, complete, valid, and up to date. If a customer provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Nestlé India has reasonable grounds to suspect that such information is untrue, inaccurate, not current or
    
    incomplete, Nestlé India reserves the right to suspend or terminate such customer’s account and refuse any and all current or future use of the Website.
  2. Please inform us of any changes in your address or other information by updating your personal details on this Website without delay so that we can keep accurate records and deal with your request and orders accordingly.
  3. You may register only one customer per account with this Website. Any attempt to register more than one account using the same information may result in the rejection of your order or membership benefits without prior notice.
2. Credentials:
  1. After the registration procedure has been completed on the Website, a customer will have unique member account details and password (the "Credentials"). We ask you, and it remains your responsibility, to maintain the confidentiality and security of your Credentials. Any successful login using your Credentials, regardless of whether it was executed by you or someone else, will be deemed as a personal act by you.
  2. If you know or have any reason to believe that your Credentials have been stolen or misused, or in case of any other security issue, please notify us immediately at wecare.mynestle@in.nestle.com or by calling us on our toll-free number at 1800-103-1947.
  3. You are also invited to take the following precautions:
    1. When you have completed your visit to the Website, always use the Sign Out from your account to effectively close the session.
    2. Your account details, password, and access rights are exclusively for your personal use and should not be transferred to or shared with any other person.
    3. If Nestlé India knows or has reason to believe that your Credentials are indeed used by another person, Nestlé India shall immediately suspend the use of such account (including processing any transaction from such account).
    4. You shall be held liable for losses incurred by Nestlé India or any other user of or guest of the Website due to the authorized or unauthorized use of your account as a result of your failure in keeping your Credentials secure and confidential.
3. Prices and Delivery charges:
  1. The prices payable for the Product(s) you order are those displayed on this Website on the date you place your Order, inclusive of GST.
  2. Delivery charges along with GST, when applicable, will be billed at the rates indicated on the Website on the date you place your order.
  3. The price of the Product(s) and delivery charges displayed on the Website and confirmed in your order confirmation will normally be honored. Nestlé India reserves the right to modify the prices of its Product(s) and delivery charges at any time and without prior notice. The modifications of prices will not apply to orders of Product(s) already confirmed by Nestlé India. Note: All Order values will be charged at the rounded-up price of the cart.
  4. Errors: At any time without prior notice, Nestlé India may correct any errors or omissions and change information on this Website, if the information presented is erroneous, incomplete, or outdated. Nestlé India may refuse your orders which were based on erroneous information, including, without limitation, information pertaining to shipping, pricing, return policies, or payment terms. If Nestlé India detects a price error, Nestlé India endeavors to notify you as soon as possible. This may occur prior to dispatch of Product(s). You may have the option of either reconfirming your order at the correct price or canceling your order. If you cannot be contacted, Nestlé India will deem the order cancelled. You will be entitled to a full refund if you have already paid for the Product(s) and choose to cancel your order.
4. Payment:
  1. Payment shall be made by one of the methods you have selected during the checkout process. Payments can be made by multiple payment methods including but not limited to cash on delivery, credit/debit card/UPI/digital wallets/net- banking/pre-paid cards, and any other mode as may be made available by us on the Website.
  2. In view of the recent notification issued by the Reserve Bank of India dated May 19th, 2023 with regards to withdrawal of INR 2000 notes from September 30, 2023 onwards, we hereby state that effective October 1, 2023, we will no longer accept ₹2000 currency notes for cash on delivery (COD) orders.
  3. All payments (except Cash on Delivery) in respect of the Products shall be made to us through the Payment Aggregator (i.e., PayU). To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
  4. Except to the extent otherwise required by applicable law, we are not liable for any payments authorized through the Payment Aggregator (i.e., PayU) using your payment details. Particularly, we are not liable for any payments that do not completed because:
    
    a. Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; b. You have not provided us with the correct Payment Details; c. Your payment card has expired; or d. Circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
  5. Nestle India shall not be responsible for any unauthorized transactions conducted using your payment card or internet banking. We shall not be obligated to refund any money to you in such instances.
  6. The Payment Aggregator will be collecting information at the time of payment, like card details, names; passwords, etc. as per the Privacy Policy and Terms & Conditions of the Payment Aggregator.

Deliveries
1. All orders confirmed by Nestlé India will be delivered through our delivery partners on a ‘best effort’ basis. Subject to events beyond our control, the Product(s) will be delivered within 3 days of acceptance of order by Nestle India Limited. During festive periods, these timelines may extend and the same will be duly notified to you. Nestlé India and/or its authorized representatives may contact you by SMS, telephone, and/or email with information regarding your order and delivery.
2. You shall be bound to take delivery of the Product(s) purchased by you that are said to be in a deliverable state. Where you neglect or refuse to accept the delivery of the Product(s) ordered by you, you may be liable to Nestlé India for such non-acceptance. Note: We will make three (3) delivery attempts on consecutive days to deliver your Order. If the third delivery attempt is unsuccessful, your Order shall stand cancelled and be eligible for a refund after deducting the delivery charges, irrespective of the value of the Order.
3. In case of any concerns with the delivery, you may either make contact by emailing us at wecare.mynestle@in.nestle.com or by calling us on our toll-free number at 1800-103-1947.
4. In order to deliver orders on time, Nestlé India strives to keep sufficient stocks of Product(s). However, it is possible that stocks of certain Product(s) turn out to be insufficient for all deliveries to be affected on time. In such cases, you accept that Nestlé India is entitled to complete partial deliveries or defer delivery, or cancel the Order.
5. Any Order placed through this Website can only be delivered within NCR - Delhi, India.
6. Transfer of property and risk: The delivered Product(s) shall remain Nestlé India’s property until you have paid the full Order value. All risk of loss or damage to the Product(s) shall be transferred to you upon your acceptance of the delivery of the Order (or of any persons acting in your place).
7. The total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. The customer is requested to take note of the same.
8. The details of the order are duly provided to the customer at the time of placing of order through email/SMS/WhatsApp. In the event of any concern or grievance with regards to the product post-delivery, the customer can reach out on the toll free number 1800-103-1947 or email at wecare.mynestle@in.nestle.com within 24 (twenty-four) hours from the receipt of your Order.
Returns & Cancellation
1. Return Policy:
  1. At the time of the delivery, it is your responsibility to verify the quantity and condition of the Product(s). In case you observe damage or missing items, you must notify us at wecare.mynestle@in.nestle.com or by calling us on our toll-free number at 1800-103-1947 within 24 (twenty-four) hours from the receipt of your Order.
  2. We will, at our discretion, accept returns of a Product(s) and process refunds, only a. if the Product(s) received by you is physically damaged before receipt or b. if the Product(s) received is different from its description on the product detail page, or c. if the label on the Product(s) shows that it has expired, or d. if the Products(s) from the Order placed are missing.
  3. In case of returns against any other situation than mentioned above, the customer hereby agrees to bear the cost of the return, which will be communicated to the customer before they place the return order.
  4. We reserve the right to pick up the product to ascertain and verify the product prior to issuing/initiating the refund/replacement
  5. The Product(s) should be returned in their original condition and packaging and you must include all relevant invoices and/or receipts along with your return.
  6. Unless requested by you, within 24hours of order cancellation, we will refund to you all the payments received from you for your Product(s) returned via Store Credit without undue delay. Alternatively, we will refund you all the payments not later than 7 (seven) working days from the day on which we have received the Product(s) back. We will carry out such a refund using the same means of payment as you used for the initial transaction i.e. while placing your Order on the Website.
  7. In certain circumstances involving cash payment, Nestlé may offer store credit if you are a registered user. In the event, you are not a registered user or if you so require, the refund can be credited to your bank account provided that the necessary and mandatory details for carrying out such a transaction has been provided by you to us. Under no circumstances, Nestlé India will be liable to refund you in cash. Please note that incomplete returns will not be processed. Note: Any Product(s) purchased at a third-party retail store or from a third-party website must be returned to the original store or site from which it was purchased and is subject to such third-party return policies.
  8. In the event customers are found to misuse the return policy by excessively returning, or cancelling or not accepting the orders placed, Nestlé reserves the right to warn and/or suspend and/or block / or rescind the collected reward points and/or terminate such customer accounts, as necessary.
2. Cancellation Policy:
  1. In case of requests for Order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if we receive a cancellation notice and the Order has not been processed, we may cancel the order and refund you all the payments received from you for your Product(s) returned via Store Credit without undue delay. However, if you so desire and upon receipt of your request, we may refund to you all the payments not later than 7 (seven) working days from the day on which we have received the Product(s) back. We will carry out such a refund using the same means of payment as you used for the initial transaction i.e. while placing your Order on the Website.
  2. We will not be able to cancel orders that have already been processed by us. You agree not to dispute the decision made by Nestlé India respects and accepts our decision regarding the cancellation.
Subscription:
1. The Customers also have an option to buy certain Product(s) on the subscription model available on the Website.
2. Under this model, you may get an option to avail of discounts if you subscribe to buy a certain product(s) at a specific frequency. The discounts and the Product(s) which have a subscription option available, will be notified on the website from time to time.
3. For placing an order for a subscription, the customer shall choose the product, the quantity which shall be delivered, and the frequency of delivery. The customer shall always have the option to pause or cancel the subscription.
4. We retain the right to change the maximum retail price for the products and/or offer discounts on the products at any time. In the event the pricing of the subscription is revised, we shall cancel the existing subscription and notify you of the bill value as per such revised price which shall be at your discretion to accept or cancel the subscription.
5. Cash on Delivery is not available for availing subscription. The first order will define your mode of payment chosen for all future recurring orders. In case of failure from the chosen mode of payment, your subscription shall stand cancelled and we will notify you of the same.
6. In the event that your credit card cannot be charged, Nestlé India will place your order on hold and send you a notification that the payment could not be executed. Your order will be shipped upon receipt of your payment.
7. The customer shall receive, an email notification 3 (three) days prior to charging your card for each recurring order with relevant details such as the product, the quantity subscribed, the order value, the delivery date, and the address on which such product would be delivered. This information will also be available to the customer in the ‘My Subscription section on the Website.
8. Any other promotions/offers going on the Website may or may not be applicable to the subscription model. Subscription does not automatically take into account other promotions/offers announced on or around the time of your recurrent order processing. Note: There will be no promotions/offers or reward points applicable on Subscription to infant products i.e., nutrition products for children aged between 0-2 (zero to two) years.
9. The General Conditions of Sales automatically apply to any Order placed under the Subscription model. In the event of a conflict between the General Conditions of Sale and the conditions related to Subscription, the conditions related to Subscription herein will prevail.
*Promotions / Offers:
1. We will be running promotions/offers on the Website from time to time. Such promotions/offers in relation to the Product(s), may be governed by their own terms and conditions as applicable. Nestlé India reserves the right to change the offers or promotions without prior notice. Note: Please note that infant products, i.e., nutrition products for children aged between 0-2 (zero to two) years and NESTLE EVERYDAY Ghee shall be exempt from such promotions/offers. Also, discounts applicable on product assortments may not be applicable on the constituent items when bought individually
2. You may receive certain Free Product(s) by us under several promotions / offers running on the Website from time to time which shall be solely at our discretion. Such Product(s) are made available to you free of cost, for your personal, non-commercial use only and you shall be solely liable for the use of the same. Please note that these Free Product(s) are subject to availability and not eligible for exchange, return, cancellation or refund.
Gifting:
1. The Customer has an option to avail of gifting services i.e., gift wrapping and sending personalized messages (from the drop-down option) via a greeting card for certain Product(s).
2. Any information provided by the customer under the gifting service is kept confidential and solely used for the purposes of processing
  
  the order. Nestlé India, however, reserves the right to cancel the greeting card in the event any input provided by the customer is offensive/unsavory.
3. The reproduction of images, colors, and styles of the wrapping paper/ greeting card is as accurate as photographic and image processing will allow. We do not accept responsibility for slight variances in images. color and style.
Reward Program:
1. In order to avail benefits of our Reward Program, a customer needs to register on the Website (“Registered User”).
2. Each purchase by a Registered User will be rewarded with reward points on such terms and conditions as provided on the Website. Nestlé India reserves the right to modify the Rewards Program for accruing reward points at any time. The Customer is invited to review it on this link. Note: Reward Points will not be applicable on infant product(s) i.e. nutrition products for children aged 0 to 2 (zero to two) years. If the consumer chooses to, the amount towards the earned rewards points may be deducted from the final bill value.
Liability:
1. The photographs and texts illustrating and describing the Product(s) on this Website are non-contractual and for information purposes alone. Nestlé India shall not be liable in case of errors or omissions in the photographs or texts displayed on this Website. Without limiting the scope of these General Conditions of Sales and to the extent permitted by applicable law, Nestlé India's liability for losses you suffer as a result of our breach of these General Conditions of Sales or our negligence shall be no greater in amount than the purchase price of the Product(s) in respect of which damages are claimed.
2. Nestlé India is only responsible for any loss or damage you suffer which is a foreseeable consequence of our breach of these General Conditions of Sales or our negligence. We are not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or where it could be contemplated by you and us at the time your order is accepted by us. We expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these General Conditions of Sales. We only supply the Product(s) for personal and private use, and you agree not to use the Product(s) for any commercial, business, or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Indemnification:
1. You agree to indemnify, defend and hold harmless Nestlé India, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (hereinafter individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.
2. Nestlé India may notify you of any claims which you shall be liable to indemnify Nestlé India against. You shall then be required to consult with Nestlé India regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Nestlé India without the express prior written consent of Nestlé India which can be withheld or denied or made conditional by Nestlé India at its sole discretion.
3. Notwithstanding anything to contrary the Agreement(s), in no event shall Nestlé India, its subsidiaries or affiliates, and their respective officers, directors, employees, or partners be liable to you for any special, incidental, indirect, consequential, exemplary, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Nestlé India has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website its services or its content.
Force Majeure:
1. Nestlé India will make every reasonable effort to fulfill its obligations. However, Nestlé India cannot be held responsible or liable for delays or failure to deliver caused by circumstances beyond its reasonable control ("Force Majeure"). Such circumstances include without limitation strikes and industrial action by third parties, civil commotion, riots, wars, natural catastrophes, endemic, pandemic, lock-down, or any others that make impracticable or impossible the Product(s)ion, transportation, or delivery of Product(s).
2. In the event of a delay caused by Force Majeure, Nestlé India's obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event. Nestlé India will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining Product(s) supply among customers in a fair and reasonable manner. If we cannot perform our obligations due to such an event, you may cancel your order. To cancel, please contact us.
Severability: If any provision or part-provision of these General Conditions of Sale is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these General Conditions of Sale.
Assignment: You cannot assign or otherwise transfer all or part of these General Conditions of Sale, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Nestlé India reserves the right to freely assign and/or transfer its rights and/ or obligations under all or part of these General Conditions of Sale to any third parties without the requirement of seeking your prior consent. Nestlé India may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement.
Waiver: No provision in these General Conditions of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Nestlé India. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Principal to Principal Relationship: You and Nestlé India are independent contractors and nothing in these General Conditions of Sale will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Nestlé India. As an abundant caution, it is clarified that Nestlé India shall not have any right to conclude any contract for sale or purchase of Product(s) for and/or on your behalf and the relationship between you and Nestlé India are only on a principal-to-principal basis.
Miscellaneous
1. All notices with respect to these General Conditions of Sale from Nestlé India will be served to you by email or by general notification on the Website. Any notice provided to Nestlé India pursuant to these General Conditions of Sale should be sent to [·].
2. The present General Conditions of Sale embody the entire agreement concluded between Nestlé India and yourself and supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product(s).
3. The fact that Nestlé India tolerates a violation by yourself of one of the obligations set out in the General Conditions of Sale or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
4. In the event that any provision of the General Conditions of Sale is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered stricken, and all other provisions of the General Conditions of Sale maintaining full force and effect between yourself and Nestlé India.
5. The headings of the provisions of the General Conditions of Sale are for convenience alone and shall not alter or modify the terms and conditions in any manner.

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