Nestlé Terms of Sale
Effective: July 14, 2023
These terms set out the basis upon which Nestlé Purina PetCare Company (“Nestlé”) sells goods through our Website (these “Terms”).
In these Terms, the terms “we”, “us”, “our” and “Nestlé” refer to Nestlé Purina PetCare Company, our affiliates, subsidiaries, assigns, successors, licensors, licensees, and/or agents, and “you” refers to you.
If anything is unclear to you or you wish to discuss these Terms or anything you buy through our Website, please see How to Contact Us below. We will normally contact you using the e-mail address you provide in your order (your “E-mail Address”), but we may need to call or send an SMS to the telephone number you have provided about your order including where there are problems with payment or delivery. By placing an order and providing us your phone number and/or email, you are consenting to communications from us about your order using those methods, except where prohibited by applicable law.
You can print a copy of these Terms if needed.
1. Our sales contract
1.1 These Terms govern sales of goods by Nestlé through our Website. By placing an order to buy goods from us through our Website you accept and agree to comply with these Terms without reservation. Please read them carefully.
1.2 In order to buy goods through our Website you must be at least 18 years of age and have accepted our Terms and other applicable terms. We only sell through this Website to consumers in the United States of America. The term “consumers” includes veterinary health care personnel and shelter staffs in those instances where the Website displaying these Terms is expressly designed for those groups.
1.3 Sales from the Website are for consumer purchase and not intended for commercial resale or other business purposes and we may cancel orders or limit volumes of products sold to each buyer accordingly.
1.4 When you place an order through our Website, we will confirm receipt of your order by sending an acknowledgement to your E-mail Address. Please note that this is only an acknowledgment that we received your order and not an acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order.
1.5 Our acceptance of the order takes place when the goods are shipped to you. Some products may require a prescription or other authorization as a condition of purchase. Our acceptance of any order requiring an authorization is contingent upon our receipt of such authorization. We will send a confirmation to your E-mail Address confirming that the goods have been shipped (“Order Confirmation”). At this point a contract, containing these Terms, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and the relevant Order Confirmation for future reference.
1.6 If we do not accept your order for any reason, we will send a message to your E-mail Address. Your order will be cancelled, any payment refunded and there will be no Contract.
2. Order details and changes
2.1 The descriptions, prices, availability and other details of our goods will be as set out on our Website at the time you place your order subject always to the following provisions set out below.
2.2 All prices are shown in United States Dollars, exclusive of sales tax. Our shipping, handling and processing charges are payable in addition as also shown on the Website. The total price specified in the final check out screen includes applicable taxes, shipping and handling, and processing charges, if any. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference.
2.3 We try to ensure that the descriptions, prices, availability and other details of our goods published on the Website are as accurate and up-to-date as possible, but our Website is a dynamic environment and sometimes inaccuracies and errors may occur. Although we make reasonable attempts to have items in stock, occasionally items may be temporarily out of stock. If any item in your order is out of stock and we are unable to ship it to you within our normal order processing timelines, we will notify you of the delay and your options to cancel the order and receive a refund, if those options are available, by following the directions specified in the notice.
2.4 We may change the prices and other sales details on our Website, including these Terms, at any time and we may give prior notice to you but do not have to do so. We will not, however, apply the new prices, details or Terms to orders which we have already accepted under a Contract. In the event a product is listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, and to cancel any Contract that includes a mistake.
2.5 Please note that any images on our Website are for general illustration purposes only and may vary from the actual goods. All features, content, specifications, sizes, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Packaging may vary from that shown. In addition to online details do please read the labels and other instructions provided with the goods carefully before use.
2.6 You promise that you will provide all details in connection with your order accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your goods or need to cancel a Contract. We are not responsible for any shipping or fulfillment errors that result from your failure to provide accurate information. You may have legal liability to us, and we may contact law enforcement or other appropriate third party agencies, if you act fraudulently or dishonestly.
3. Payment details
3.1 You promise that any credit or debit card or other payment facilities you use belong to you, and that there are sufficient funds or credit facilities to cover the price of the goods you order. You agree to be responsible for all charges incurred by you or through any account you establish on the Website, including all applicable taxes, shipping and handling, and processing charges, if any, associated with purchases.
3.2 We require all payments to be made through the payment options made available to you on the Website. These options may include a valid credit or debit card, check, wire transfer, or any other payment methods. By placing an order through the Website, you authorize us and our representatives to process your payment for the amount stated, including taking all actions necessary to collect payment, and represent to us that you are authorized to use the form of payment that you provide. Some forms of payment require authorization and/or involve multiple steps including customer authentication. We, and our third-party payment processor, if any, reserve the right to carry out reasonable checks and obtain appropriate validation of your order details including with third party agencies.
3.3 If the payment process is not completed fully or we, or our third-party payment processor, if any, have concerns regarding any aspect of your order we may suspend or cancel your order or cancel a Contract.
4. Title and Risk of Loss
4.1 Risk of loss and title to the goods purchased from us will pass to you when you (or your hired carrier or warehouse) take physical possession of the goods, except as otherwise agreed by you and us in writing, provided that your payment has been authorized and cleared. In any event, once the goods are delivered to the shipping address you provide for the Contract, they will become your responsibility and we no longer have any responsibility for taking care of the goods from that point.
5.1 We will deliver you goods to the address you give us for delivery at the time you make your order. We will always try to deliver your goods within our estimated delivery times, if any, but actual delivery times are outside of our control. Any dates we give you for delivery are approximate only. Please treat them as such. We cannot be responsible for any loss or disappointment caused by delays.
5.2 We normally deliver all items in a multiple product order together, but we may split your order into separate deliveries or combine orders to be delivered to the same address if that allows us to deal with your order more efficiently and effectively. If we dispatch your goods separately, we may send you a confirmation, and there may be a separate Contract for each delivery.
5.3 Your order will be shipped after your payment has been approved and all other necessary verifications have been completed. Orders are typically shipped on the business day following completion of credit approval and all other verifications.
5.4 If, after failed delivery of the goods to your specified delivery address, you and we are unable to rearrange delivery (or arrange for you to collect the goods from another location), after we have made reasonable efforts to do so, then we may cancel your Contract, with any payment refunded, and we shall be entitled to reclaim the goods.
5.5 Without prejudice to your rights under Cancellation below, if your cleared payment is not received (or is reversed) but you have received the goods, you must pay for them or return them in accordance with our reasonable instructions, without damage and at your own expense. If you do not do this, we may collect or arrange for collection and we may charge you for costs and damage.
5.6 Unless you and we specifically agree otherwise, the delivery deadline for the goods is not an essential term of the Contract.
5.7 In most cases orders will only be shipped to valid United States mailing addresses within the 48 contiguous states and the District of Columbia, so we do not accept orders from anywhere else. Orders cannot be shipped to P.O. boxes. Some products may not be available in some locations.
6. Cancellation and Returns
6.1 Except for customized orders, you may cancel any order free of charge and without giving us any reason, provided it can be canceled before being shipped. If you wish to cancel your order, please contact us as provided in the section titled How to Contact Us below. Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the good(s) will be delivered to you and may be returned in accordance with the procedure set out below.
6.2 Customized orders cannot be cancelled because we start customizing products after receiving the order. You are however entitled to return your order in accordance with the return procedures and conditions below.
6.3 Under these Terms, you are only entitled to return goods delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights to return the goods, if any. For practical information on how to return, contact us as provided in the section titled How to Contact Us below. 6.4 If we verify that an item you received was defective or otherwise not in conformity with your order when you received it, you will either receive a refund, a replacement item, or a credit.
7. Subscription Program Terms & Conditions
7.1 We may offer or require purchase of some goods for sale through an auto-replenishment delivery program (“Subscription Program”). The terms in this Section supplement these Terms solely with respect to goods ordered on our Website for auto-replenishment delivery. Subscription Program subscriptions are void where prohibited and where applicable law conflicts with these Terms.
7.2 The term of your subscription is continuous but may be subject to verification steps with each order. When starting a Subscription Program, you agree to be billed in a recurring fashion on a per-order basis until your subscription is canceled.
7.3 Your Subscription Program will automatically create a new order according to the applicable delivery schedule, until cancelled.
7.4 You may cancel your Subscription Program at any time via the Website offering the Subscription Program or by contacting us as provided in the section titled How to Contact Us below. If cancelling, please contact us at least 72 hours before the date you are scheduled to be charged next. If you contact us less than 72 hours before the next charge is scheduled, you may be charged for the item.
7.5 We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
7.6 There is no commitment once you subscribe. In advance of each delivery, we will send you a reminder email showing the items, price and any applicable discount for your upcoming delivery.
7.7 If there's a current discount for the item, it can be found on the product detail page when you sign up. We may change this discount amount at any time. You will receive the discount, if any, in effect at the time we process your order. The new discount, if any, will apply to future orders.
7.8 We reserve the right to change the Subscription Program benefits, including any discount amounts and eligibility used to determine discount amounts, at any time in our sole discretion. All changes will apply to future orders, including for current subscriptions.
7.9 Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, and shipping charges).
7.10 Subscription Program benefits are limited to items displaying a Subscription Program offer message. Your participation in the Subscription Program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.
7.11 Subscription Program discounts and any Subscription Program limited time special subscription promotions in effect apply only to eligible items displaying the offer message on the Subscription Program item information pages, and then only if you choose to participate in the Subscription Program. Special limited time subscription promotions only apply during their effective dates.
7.12 The price of the item may decrease or increase from delivery to delivery, depending on the price of the item at the time we process your order. Individual product prices can go up or down over time. If the price of your subscribed product changes, the new price will be displayed in your order review email and will be applied only on future shipments. You can review your subscription price and edit or cancel your subscription at any time.
7.13 The charge for each Subscription Program item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscription Program order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your Subscription Program order.
7.14 If you cancel your subscription and then reactivate it, the discount applied to any Subscription Program item may not be the same discount in effect at the time of cancellation. If the Subscription Program discount percentage for such Subscription Program item changes, the new discount will be applied to your future shipments of that item.
7.15 YOUR CONTINUED USE OF A SUBSCRIPTION PROGRAM AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.
8. Terms and Conditions for Veterinary Clinic Inventory Orders For Resale
8.1 We may offer certain products for sale to veterinary clinics through www.proplanvetdirect.com (“VetDirect”) or another direct-to-clinic inventory program for resale to pet owners (“Clinic Inventory Program”). For purposes of Clinic Inventory Programs, references in these Terms to “you” refers to the veterinary clinic and the person purchasing products from us under these Terms. If you are purchasing products from us under a Clinic Inventory Program, the terms in this Section supplement these Terms with respect to such goods. The Clinic Inventory Program is void where prohibited and where applicable law conflicts with these Terms.
8.2 In order to purchase products under a Clinic Inventory Program, you must agree to the terms governing the Clinic Inventory Program before placing an order. For VetDirect, this means that you must have registered for a VetDirect clinic account, you must agree with the Clinic Terms of Participation here, and your account must be in good standing at the time of purchase. If you disagree with the terms of the Clinic Inventory Program, then any purchase must comply with these Terms, excluding the terms in this Section, and resale is not permitted.
8.3. You may provide evidence that your purchases under the Clinic Inventory Program are exempt from applicable sales and use taxes. Contact your Purina sales representative to submit the applicable documentation.
8.4 Any product(s) purchased via the Clinic Inventory Program is intended for in-clinic resale to pet owners only. You represent and warrant that all product via the Clinic Inventory Program is purchased for resale by you to clients of your clinic’s veterinary services. Any other usage, including use in your business (other than as inventory for resale), personal use by the clinic owner and/or staff, or sales to customers that do not use your clinic’s veterinary services, is strictly prohibited. We may cancel orders and/or limit volumes of products sold to each clinic accordingly. In addition, we reserve the right to cancel your participation in the Clinic Inventory Program should Purina determine, in its sole discretion, that products are, or are likely to be, used in violation of these Terms or other terms between us.
8.5 Any orders placed via the Clinic Inventory Program must be delivered to the primary clinic location associated with your account.
9. Warranty and Liability
9.1 THE GOODS MADE AVAILABLE TO YOU ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE GOODS MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOODS ON THIS WEBSITE IS AT YOUR SOLE RISK.
9.2 TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE GOODS IN RESPECT OF WHICH DAMAGES ARE CLAIMED, ARISING FROM OR RELATED TO THE PURCHASE OR USE OF ANY GOODS MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 9.3 As we only sell to consumers we shall not in any event be liable to you or anyone else in relation to our Contracts or sales of goods through our Website for business-related loss, damage or costs such as lost data, lost profits or business interruption. 9.4 We shall have no liability for loss, damage or costs in relation to our Contracts or sales of goods through our Website attributed to: (a) your own fault or mistake; (b) a third party unconnected with our own performance; or (c) any other events which are outside our or our suppliers' control even if we or they have taken reasonable care.
9.5 We do not however limit or exclude warranties or our liability to you or anyone else in relation to our Contracts or sales of goods through our Website where, or to the extent, such limitation or exclusion is prohibited by law or conflicts with any warranty or guaranty expressly given to consumers in writing on the packaging of an item.
10.1 If you breach any of these Terms and we do not take any action against you, we may still take action against you later or if you breach the same Term on another occasion or if you breach a different Term.
10.2 If any provision of these Terms (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms and they will continue in full force and effect.
10.3 We intend to rely upon the written terms set out in these Terms (as may be amended in accordance with 2.4 above) as the entire understanding between us relating to any Contract. If you and we agree any other changes, those changes will only be effective between you and us if they are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order. 10.4 Only you or Nestlé have the right to enforce any provision under these Terms.
10.5 We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this transfer materially changes a Contract, but this will not affect your rights or our obligations under these Terms. We will wherever possible provide you with prior notice of this.
10.6 These Terms and the sale of the goods are governed by Missouri law, excluding any conflicts of law principles that would require the application of the law of any other jurisdiction.
10.7 You and Nestlé agree to submit all disputes arising from or related to these Terms or the goods to the exclusive jurisdiction of the state and Federal courts located in St. Louis County or the City of St. Louis, Missouri.
11. How to Contact Us
For comments and questions, please contact us at the following:
Pro Plan VetDirect: Please contact Customer Service at 1-800-738-5335 or via email at firstname.lastname@example.org.
Purina for Professionals: Please contact the Veterinary Resource Center at 1-888-777-1762 or via email at email@example.com.
Just Right Pet Food: Please contact Customer Service at 855-842-0493 or online at Just Right Contact Page.
RootLab: Please contact Customer Service at 800-637-6166 or online at RootLab Contact Us Page.
Petivity: Please contact Customer Service at 866-979-2477 or online at Petivity Support Page.
My FancyFeast, EverRoot, any other Website not specified above or any other questions or concerns, please contact the Purina Office of Consumer Affairs at 1-800-778-7462 or online at Purina Contact Page.