Terms and Conditions
Purina For Professionals
Nestlé Purina PetCare Terms and Conditions
Date: 4 June 2018
Participation in P4P constitutes acceptance of these terms and conditions and each order you place through your P4P account will be governed by these terms and conditions.
These terms and conditions are effective from the date above. Information on how to participate in the Purina for Professionals Club (P4P), how to purchase products from Purina through P4P or participate in promotions advertised from time to time in connection with P4P, including information at www.purinaforprofessionals.com.au and the membership application forms are part of these terms and conditions.
Nestlé Australia Ltd ABN 77 000 011 316 t/a Nestlé Purina PetCare (Purina) may change these terms and conditions at any time without notice. Changes to these terms and conditions will be uploaded onto this website and you will be bound by any changes to the terms and condition from the date on which the new terms and conditions are uploaded.
1. Eligibility Requirements for membership
To be a member of P4P, you must meet and continue to meet the eligibility requirements in this section (Eligibility Requirements). You must:
(a) Complete the online application form, including all mandatory fields;
(b) Be at least 18 years of age and live in Australia;
(c) Have a unique, valid email address. It is your responsibility to notify Purina if your email address changes;
(d) Have a current dog or cat breeding program in place;
(e) Be either registered as a breeder with a recognised breeder association or club or have a current website for your breeding program which is accessible to the public;
(f) comply with the appropriate laws, guidelines and codes of ethics for the breeding, keeping and care of dogs and/or cats that apply in the State in which you carry on your dog or cat breeding program; and
(g) Have a current or proposed feeding regime for your dogs and/or cats that includes purchasing and feeding Purina products.
(b) As part of your membership of the P4P program, Purina will email you about the P4P program, including information about member benefits, news and updates and offers for P4P members. If you do not wish to receive these email communications, you can unsubscribe or opt-out of them by updating your member account.
3. Acceptance of membership applications and cancellation or discontinuation of your membership
(a) Purina will assess your membership application prior to approving your P4P account. Purina reserves the right to decline applications for membership or waive Eligibility Requirements for members in Purina’s absolute discretion.
(b) Once your P4P account is approved, you must keep your membership active by making at least one (1) purchase of Purina dog or cat products through your P4P member account every six (6) months.
(c) To maintain your membership of P4P, you must continue to meet the Eligibility Requirements at all times. If your circumstances change and you no longer meet the Eligibility Requirements, then you must promptly notify Purina.
(d) If Purina is notified or otherwise becomes aware that you no longer meet the Eligibility Requirements, then Purina may immediately discontinue your membership. Purina may also discontinue your membership if you do anything that Purina reasonably considers may bring your breeding program or Purina into public disrepute, contempt, scandal or ridicule or which may reflect unfavourably on your breeding program or Purina.
(e) Purina will notify you by email if your membership is discontinued by Purina. Purina reserves the right to discontinue a membership at any time for any reason in Purina’s absolute discretion.
(f) You may discontinue your membership at any time for any reason by notifying Purina.
4. Benefits of P4P membership
Current members will be entitled to access the benefits made available to P4P members on this website. P4P membership benefits may change over time without notice. P4P membership benefits at the effective date of these Terms and Conditions include:
(a) Direct purchase of selected Purina products - A range of Purina products are available for direct purchase through your P4P membership account. Conditions relating to orders and deliveries are set out in these terms and conditions.
(b) Free delivery – Products purchased through your P4P account include free delivery to your nominated address in Australia. Free delivery is offered for one (1) delivery attempt. You must be available to receive the delivery at your nominated address or you must nominate an address at which the ordered products may be left on delivery.
(c) Starter Packs for new litters – you can purchase Purina Puppy and Kitten Starter Packs (Starter Packs) to provide to new owners of puppies or kittens in your litters. Orders are subject to maximum quantities as Purina decides from time to time. You must not alter the Starter Packs - only complete Starter Packs (as supplied by Purina) may be provided to new owners of puppies or kittens.
(d) Litter Assistance – When ordering Starter Packs, members are entitled to a Litter Assistance discount on selected Purina food purchased in the same order. The Litter Assistance discount will apply to Purina PRO PLAN Puppy formula (when Puppy Starter Packs are ordered) or Purina PRO PLAN Kitten formula (when Kitten Starter Packs are ordered). The amount of the Litter Assistance discount can be accessed on this website and may vary from time to time.
5. Orders through P4P
(a) Current products available for order through P4P can be viewed online at www.purinaforprofessionals.com.au by logging in to your P4P account. Purina may change the range of products listed on P4P at any time without notice to you.
(b) You may place orders for current listed products by logging in to your P4P account.
(c) All orders are subject to availability of stock and min/max quantities as Purina decides from time to time. Purina reserves the right to refuse orders (whether whole or in part) in its absolute discretion.
6. Payment and Price
(a) Current P4P product prices can be viewed online at www.purinaforprofessionals.com.au by logging in to your P4P account. Pricing is inclusive of GST.
(b) Purina may change the prices of products at any time without notice to you. You must pay the price of products current at the time of purchase.
7. Delivery and Receipt
(a) Ordered products will be delivered to the delivery address nominated by you. If you are not available to receive the delivery, then you authorise our courier to leave the delivery at your nominated address. It is your responsibility to ensure that your nominated delivery address is accessible, safe and sufficiently secure for leaving deliveries.
(b) You can change your delivery address by updating your member account and during the confirmation stage at the check-out.
(c) On the first delivery attempt, if the courier making the delivery determines that your nominated address is not accessible, safe or sufficiently secure, then the ordered products will be returned to Purina and you will be refunded the full value of the purchase within 30 days. From that point, if you still wish to receive the products, then you will need to re-order them through your P4P account.
(d) If you wish to have ordered products delivered by means other than Purina’s usual delivery, then you will need to make all necessary arrangements and pay all costs involved.
(e) Purina will endeavour to provide ordered products in a timely manner to the address specified in your order. However, to the extent permitted by law, Purina will not be liable for (i) any failure to deliver or delay in delivery for any reason; (ii) any damage or loss due to unloading or packaging; or (c) damage to property caused upon entering premises to deliver the ordered products. Any costs incurred by Purina due to any failure by you to accept the ordered products at time of delivery must be reimbursed by you to Purina.
8. Title and risk
(a) Title in ordered products will pass to you on the later of the date of delivery to you and payment in full for them.
(b) Risk in products ordered by you passes to you at the time of delivery of the order to your nominated delivery address (as evidenced by the delivery records of the courier making the delivery). Any theft or loss of, or damage to the products occurring after the time of delivery to your nominated delivery address will be your responsibility.
(a) You must verify your order of products upon delivery. Please notify Purina on 1800 P4P PET (1800 747 748) of any incorrect order as soon as discovered by you. If required by Purina, you must promptly return products forming part of the incorrect order to Purina in accordance with instructions by Purina. This may include returning the Goods in their original packaging, accompanied by the invoice.
(b) When returns are accepted by Purina and a refund is due to you, Purina will reimburse the price of the returned products within 30 days of receipt of the returned products.
(c) You cannot refuse to accept ordered products merely because they are not delivered by any given dates.
(d) Please choose carefully as Purina does not accept return of products because you change your mind.
10. Exclusions and limitations
(a) All our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably forseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
(b) To the extent permitted by law, Purina’s only liability is as expressly stated in these terms and in the Australian Consumer Law and all other guarantees, warranties and conditions are excluded.
(c) To the extent permitted by law and except as provided under the Australian Consumer Law, Purina will not be liable to you (whether in contract, tort, or otherwise) for any consequential, special, incidental or indirect loss or damage including loss of profit.
11. Variation and cancellation of P4P program
(a) Purina may change these terms and conditions at any time and the revised terms and conditions will be posted on this website. Purina recommends that you review these terms and conditions from time to time.
(b) By placing an order through your P4P account after revised terms and conditions are posted on this website, you agree to be bound by the revised terms and conditions.
(c) Purina may suspend or terminate the P4P program at any time. Purina will endeavour to give at least one month’s notice to current members before terminating the P4P program.
(a) These terms and conditions constitute the whole agreement between you and Purina relating to your P4P membership and account and supersede any prior dealings, representations or agreements in relation to their subject matter.
(b) Purina may sub-contract or otherwise arrange for another person to perform any part of these terms and conditions or to discharge any of Purina’s obligations.
(c) Purina waives a right under these terms only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it is given.
(d) You must pay Purina all costs and expenses incurred by Purina in connection with any breach of these terms by you including legal expenses (on a solicitor-client basis), and costs incurred in the recovery of monies owing by you to Purina or in otherwise enforcing Purina’s rights against you under the these terms.
(e) Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if the delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If the suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.
(f) The Purina products, materials, offers and information appearing on this website are intended only for users and/or customers located in Australia including, without limitation, that delivery will be only to addresses in Australia.
(g) These terms are governed by and must be construed in accordance with the laws of New South Wales