Terms & Conditions of Sale

1. Application

This page (together with the documents referred to on it) informs you of the terms and conditions in which we supply any of the product (Products) listed on our website Winc.com.au (our site) to you. Please read these terms and conditions (Terms) carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these Terms.

2. Information About Us

We are Winc Australia Pty Limited ABN 94 000 728 398 (we or us). Our Registered office address is:

Level 5, 163 O'Riordan St,
Mascot NSW 2020.

Our postal address for all correspondence about your order is as follows:

Winc.com.au Customer Support Department
111 Turner Street,
Port Melbourne VIC 3207.

3. Service Availability

Our site is only intended for use by people residing in Australia. See Point 6 Delivery for locations we deliver to. We do not accept orders outside of these locations and do not deliver to addresses outside of Australia.

4. Your Status

By placing an order through our website, you warrant that:

• You are legally capable of entering into binding contracts; and
• You are at least 18 years old; and
• You reside in Australia.

5. How the Contract is Formed Between You and Us

You can order products from us at any time at Winc.com.au. You can also order products from us by phone on 1800 782 753 and our lines are open Monday to Friday from 8.00am to 7.00pm AEST (excluding National Holidays).

When you place an order, you will receive an acknowledgment email confirming receipt of your order (the Order Confirmation). This email will only be an acknowledgment and will not constitute acceptance of your order. Each order placed for Products through our site that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

1. provide you with an Order Confirmation of that order as soon as practicable after you have placed your order and made payment; and
2. supply the Products in that order to you in accordance with these Terms.

Whilst we try and ensure that all details, descriptions and prices which appear on our site are accurate, errors (including processing errors) may occur. If we discover an error in the price, available quantities or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order.

If we reject an order placed through our site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

6. Delivery

We reserve the right to deliver to the specified areas as listed in the following table. To qualify for next day delivery on orders within metropolitan and regional areas, orders must be made before 3pm (your state's local time).

Location

Delivery Timeframe

Deliveries will be made between 8.00am and 5.00pm Monday to Friday excluding national holidays and we cannot specify an exact time when we will deliver. Our delivery drivers are required to obtain a signature for all deliveries. However you can provide us with an authority to leave your order behind without obtaining a signature by selecting the Authority to Leave option when placing your order. You should review our Authority to Leave Terms and Conditions before selecting this option.

Most deliveries are attempted once and the driver will leave a card stating where to call to arrange a redelivery. If you do not call to arrange redelivery within 5 days, Products will be returned to our warehouse. If you still wish to receive them, you will need to re-order through our website. When ordering, please state the floor level of your delivery address if it is not at ground level. Please note, we can only deliver to a physical address. Examples of addresses we cannot deliver to include, but are not limited to, PO Boxes, Parcel Lockers and Locked Bags.

There may be unforeseen circumstances where we are unable to meet our next day delivery promise. These include but are not limited to:

• Weather conditions limiting access to delivery areas
• Technical and website related issues
• Transport and/or logistical issues

There may be times where your order will be split and delivered to you in separate deliveries. We will inform you of this arrangement if it has been made for your delivery.

On some rare occasions your ordered items may be on backorder. This means we don't have enough stock to fulfil your order. These backorder items will be delivered to you at a later date when we restock.

Delivery Cost

Delivery costs are as follows for orders below 55:

Metro areas 5.5 (incl. GST) per delivery.
Regional area 11 (incl. GST) per delivery.
Country areas 11 (incl. GST) per delivery.
Remote areas 19.95 (incl. GST) per delivery.

We reserve the right to vary delivery costs from time to time. Delivery is only available in eligible serviced areas. Please see the table above for our servicing areas.

For further information on carriage costs or delivery timescales, please contact Customer Services on 1800 782 753.

Authority to Leave Terms & Conditions

By selecting 'Yes' at the checkout page (or if you selected this option over the telephone with our Customer Service Center, Winc will leave your parcel at your unattended premises in accordance with your instructions.

You agree that the parcel is deemed received when left at your premises.

Winc and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release Winc from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.

If you do not give Winc Authority to Leave, you will have to be at your premises in order for the delivery to occur.

6.1 Furniture Fundamentals Range

These terms and conditions apply only to the Furniture Fundamentals Range.

6.1.1. Deliveries are only available to mainland Australia and Tasmania. Deliveries can only be made to the nominated physical address between 8:00am and 5:00pm, Monday to Friday on business days. Deliveries cannot be made to post office boxes.

6.1.2. Fast & Free Delivery is available on the Furniture Fundamentals Range to all areas in which free delivery is available. The intention of Fast & Free Delivery is to arrange delivery of furniture in the Furniture Fundamentals Range to customers in the free delivery areas within 5 business days of order completion. Delivery outside the free delivery area may still be within 5 business days although cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, it cannot be guaranteed and delivery times may be affected by external factors out of our control.

7. Risk and Title

The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. Price and Payment

The price of any Products will be as quoted on our site, except in cases of obvious error. These prices include GST but exclude delivery costs (see above), which will be added to the total amount due.

Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.

Payment for all Products must be by credit card. We accept payment by the following credit and debit cards: American Express®, Visa® and MasterCard®. Please note that you must pay for the Products at the time you place your order. A temporary pre-authorisation hold for a nominal amount may be placed on your nominated card. Pre-authorisation confirms that sufficient funds are available for the purchase. Pre-authorisation holds are automatically removed after a short time. Please contact your financial institution for more details.

If you choose to pay by credit or debit card, Winc has chosen PayCorp to provide secure payment services and the transaction will go through the PayCorp website. PayCorp's details are as follows: "PayCorp" means the company PayCorp Holdings Pty Ltd PO BOX 1963 North Sydney, NSW, 2059 ABN 96 096 353 374.

No credit card information is provided to us and completion of the transaction will be subject to you agreeing to PayCorp's terms and conditions as a separate contractual relationship is created between you and PayCorp. Please can you ensure that you are happy to agree to PayCorp's terms and conditions before choosing to pay by credit or debit card. If you require the Products to be delivered to an alternate address other than that which your credit or debit card is registered to, we may need to verify your details before we can process your order.

8.1 Vouchers & Coupons

1. Each coupon is identified by a coupon code and all terms and conditions must be met to receive the discount.
2. When coupons are applied, the discounted value will be deducted from the total order amount. Any unused portion of the value of a coupon will be forfeited. For example, if a coupon is used to purchase a product where the total amount comes to less than the value of the coupon then the remaining value is forfeited. Outstanding amounts cannot be re-used, reimbursed or refunded.
3. A coupon is forfeited if it is used on an order that is subsequently cancelled. For example if a coupon is used with an order and then is cancelled by the customer the coupon will be forfeited.
4. Coupons are redeemable only on the Winc.com.au website.
5. Some promotional offers may not be combined with other offers in the same order. This will be determined in accordance with the terms and conditions of that promotion and subject to our absolute discretion.
6. In the case of a multiple-item order, the value of the coupon is allocated to each item based on the proportion of the item's value to the total value of all items, excluding shipping and other charges.
7. If a coupon is used and only part of your order is cancelled or rejected, or if you return only some of the items in your order (in accordance with our Returns Policy), a partial coupon discount will still be applied to the remaining item(s) that are processed through Winc.com.au and you will be refunded the discounted value of each item.
8. If a coupon is used and your entire order is cancelled or rejected, or if you return all items in your order (in accordance with our Return's Policy), you will be refunded the actual amount paid. Before returning any product, you must call our customer support team on 1800 782 753.
9. A discount coupon cannot be used to pay shipping, handling or other charges. If a coupon has a minimum purchase requirement, shipping and any other charges do not apply towards the minimum purchase amount.
10. Coupons apply to the GST inclusive price.
11. Certain items may not be eligible for discount; this is at our absolute discretion.
12. Each coupon is valid for a limited time only and expires on the date specified on the offer.
13. Coupons are not for resale and are not redeemable for cash.
14. A coupon cannot be applied to orders already placed on Winc.com.au.
15. We reserve the right to vary or discontinue a coupon or promotional offer at any time without notice.
16. Customers must be a registered user with Winc.com.au to redeem coupons.
17. To view all Winc.com.au offers visit our Promotional Page.

8.2 Fees and Charges

Goods ordered from us will not incur any additional fees or charges. Fees we will not charge you for include:

• The use of credit cards
• Large, bulky or heavy items
• Special orders
• Administration fees
• Setting up and administering business credit accounts

9. Contracts With Third Parties

Please note that when you enter into a contract with a third party seller/supplier through our site, including with PayCorp (for example if you decide to pay by credit or debit card), the seller/supplier's individual liability will be set out in their terms and conditions. Please ensure that you are happy with the terms of that contract and seek legal advice if necessary.

10. Liability

To the fullest extent permitted by law, we give no express warranty in relation to Products and services supplied to you, and you acknowledge that you have not relied on any representation or warranty made by or on behalf of us. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Products or services supplied by us to you, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, our liability under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at our option, to:

1. If the breach or liability relates to goods:
   1. The replacement of the goods or the supply of equivalent goods;
   2. The repair of the goods;
   3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
   4. The payment of the cost of having the goods repaired;
2. If the breach or liability relates to services;
   1. The supplying of the services again; or
   2. The payment of the cost of having the services supplied again.

Except to the extent that the law (including the CCA) provides that liability is not able to be excluded, we shall not be under any liability to you in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by us or the failure of us to comply with these Terms.

11. GST

We reserve the right to recover from you all goods and services tax (GST) payable in respect of the supply of goods and services to you.

12. Returns Policy

We will accept product returns for a replacement, repair or refund if the goods provided were damaged or not of an acceptable quality. You may also return goods if you change your mind and will receive a credit for the returned goods. Please see our Returns Policy for more information.

13. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please note that our Contract and all communications between us will be in English.

14. Our Right to Vary These Terms and Conditions

We have the right to revise and amend these Terms at any time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 7 business days of receipt by you of the Products).

15. Law and Jurisdiction

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of New South Wales or, where applicable, the Commonwealth of Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of New South Wales.