TERMS AND CONDITIONS
All goods and services (“Products”) supplied by Winc Australia Pty Limited (“Winc”) are subject to these terms and conditions. By using this site, you agree to these terms and conditions.
1. ORDER ACCEPTANCE
By placing an order with us, you warrant that you are at least 18, and you reside in Australia.
No order is binding until accepted by us. When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgment and does not mean your order has been accepted. We reserve the right to accept any order in whole or in part. Where we make part delivery of any order, each delivery will constitute a separate contract. You may not cancel or vary any order after it has been accepted.
Although we try to ensure that all details, descriptions and prices on our site are accurate, errors may occur. If we discover an error in price, available quantities or any other issues with your order, we will inform you of this as soon as possible and reserve the right to reject your order. If we reject any order, we will endeavour to notify you at the time you place your order or within a reasonable time after the order is submitted.
The price of any Products will be as quoted on our site. Prices stated include GST if indicated, but exclude delivery costs, which may be added to the total amount due at checkout.
Unless otherwise agreed, 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 email unless there is an obvious pricing error. Where a Product’s correct price is less than the price on our site, 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 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 any Product to you at an incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised as an error.
Except for customers approved for credit, payment for all Products must be by credit card at the time you place your order. We accept payment by the following credit and debit cards: American Express®, Visa® and MasterCard®. A temporary pre-authorisation hold for a nominal amount may be placed on your nominated card to confirm that sufficient funds are available for the purchase, but this will be automatically removed after a short time. Please contact your financial institution for more details.
Credit orders are accepted subject to satisfactory credit approval and are governed by our credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required on delivery for contracted customers. Where credit has been granted, payment for the Products is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is earlier. Payment must be made in full, without set off or deduction. We will investigate any disputed amounts, and if resolved in your favour, a credit will be issued to you. We reserve the right to charge card surcharges in the event payments are made using a credit, debit or charge card including Visa®, MasterCard®, American Express® or Diners Club.
3.1 Vouchers & Coupons
- Each coupon is identified by a coupon code and all terms and conditions must be met to receive the discount. Coupons are redeemable only on the winc.com.au website.
- When coupons are applied, the discounted value will be deducted from the total GST-inclusive order value. Any unused portion of the coupon value will be forfeited. Outstanding amounts cannot be re-used, reimbursed or refunded.
- 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 the promotion and subject to our absolute discretion.
- For a multiple-item order, the coupon discount is allocated to each item based on the item’s value proportionate to the total value of the order, excluding shipping and other charges.
- A coupon is forfeited if it is used on an order that is subsequently cancelled. If a coupon is used and only part of your order is cancelled, rejected or returned, a partial discount will still be applied to the remaining item(s) and you will be refunded the discounted value of the relevant item. If a coupon is used and your entire order is cancelled, rejected or returned, you will be refunded the actual amount paid.
- 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.
- At our absolute discretion, certain items may not be eligible for discount.
- Each coupon is valid for a limited time only and expires on the date specified on the coupon or promotional offer. We reserve the right
to vary or discontinue a coupon or promotional offer at any time without notice.
- Coupons are not for resale and are not redeemable for cash.
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.
5. TITLE AND RISK
The Products will be at your risk from the date of delivery. Delivery may not be refused by you. Ownership of the Products will only pass to you when we receive full payment of all sums due to us, whether in respect of the Products or otherwise, including delivery charges.
If you have been approved for credit, you grant to us, our agents and servants, leave and licence to enter at any time on and into any premises occupied by you to inspect, search for or remove any of the Products. If the Products have been sold by you, you acknowledge that such sale is made by you as bailee for and on behalf of us, to hold the proceeds of sale on trust for us, in an account in the name of us, until payment in full for the Products is made to us.
When ordering, please state the floor level of your delivery address if it is not at ground level. We can only deliver to a physical address. We cannot deliver to PO Boxes, Parcel Lockers and Locked Bags.
Our delivery drivers are required to obtain a signature for all deliveries. However, if you select the Authority to Leave option when placing your order:
- We 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 us 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.
Most deliveries are attempted once and, if we do not have authority to leave, the driver will leave a card stating where to call to arrange a redelivery. If you do not call to arrange redelivery within five days, Products will be returned to our warehouse and you will need to reorder through our website to receive the Products.
We will inform you if your order will be split and supplied in separate deliveries. On some occasions your ordered items may be on backorder, which means we don’t have enough stock to fulfil your order. Backorder items will be delivered to you at a later date when we restock.
6.1 Delivery Times
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. We will use best endeavours to deliver in-stock Products within the following timeframes, provided we receive your order before 5:00pm (your state’s local time):
Delivery lead times for locally available in-stock products ordered before 5pm.*
|Next Working Day||Sydney Metropolitan
|Within 2-4 Working Days||Bunbury Region
|Within 4-6 Working Days||New South Wales Country
Northern Territory Country
South Australia Country
Western Australia Country
|7+ working days||Remote areas|
*For next working day delivery of locally available in-stock Products to Newcastle, Wollongong and Central Coast, please order before 2pm. For next working day delivery of locally available in-stock Products to Canberra, please order before 3.30pm.
For warehoused Printed Products and Promotional Products, the following timeframes apply:
|Next working day||Sydney Metropolitan (including Wollongong and Newcastle)
|Within 2-4 Working Days||New South Wales Country
South Australia Country
|Within 4-6 Working Days||Tasmania
|7+ Working Days||Remote Areas
Western Australia Country
For Business Interiors, delivery timeframes may vary and are subject to product availability from the supplier and the location of the supplier.
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, extraterrestrial invasion, repopulation of prehistoric predators, technical and website related issues, stock availability and/or transport or logistical issues.
6.2 Delivery Fees
We reserve the right to charge for delivery of Products at any time, even if we have not previously done so. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by us.
The following delivery fees will apply for the specified delivery zones when you spend at or below the minimum order amount in the table. All amounts are exclusive of GST.
|Zone 1||Orders of $100 and under||$9.95|
|Zone 2||Orders of $300 and under||$19.95|
|Zone 3||Orders of $500 and under||$29.95|
We reserve the right to vary delivery fees for efficiency of delivery and services if necessary. Delivery is only available in eligible serviced areas.
To check to see which delivery zone you fall under, add an item to your cart (for furniture and bulky items additional fees may apply) and proceed to the last step of checkout and enter your address. Your delivery fee will be automatically calculated. You do not have to submit your order and can return to the website to continue shopping.
For further information on delivery fees or delivery times, please contact Customer Service on 13 26 44.
7. WARRANTY AND LIABILITY
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (‘ACL’). For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
To the fullest extent permitted by law, we give no express warranty in relation to any Products 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 consumer guarantees under the ACL apply to Products supplied by us to you, and the ACL 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 will be limited, at our option, to:
- If the breach or liability relates to goods:
- replacement of the goods or the supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or of acquiring equivalent goods; or
- payment of the cost of having the goods repaired.
- If the breach or liability relates to services:
- supplying of the services again; or
- payment of the cost of having the services supplied again.
Except to the extent that the law (including the ACL) provides that liability is not able to be excluded, we will 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 our failure to comply with these terms and conditions.
We will accept returns in accordance with the terms and conditions of our current Returns Policy, available here.
9. MARKETING COMMUNICATIONS
When registering or transacting with us, you consent to us using your personal information, such as your email address or phone number for direct marketing purposes. You may opt out of receiving these marketing communications by utilising the unsubscribe facility in the relevant communication or by emailing us at firstname.lastname@example.org, requesting to be unsubscribed from all or part of the communications.
Regardless of whether you opt out of receiving direct marketing communications, by maintaining your account or transacting with us, you give us permission to send you non-commercial administrative emails. These include, for example, messages relating to your account, transactions or important information relating to Products you have purchased, such as recall notices.
10. CUSTOMER SPECIFIC STOCK
Where we have agreed to procure, warehouse and/or distribute Products specifically for you, you must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where you do not do so, we may dispose of the affected Products without liability for any loss or damage suffered by you as a result. You agree to indemnify us against all claims, demands, loss, costs and expenses incurred by or made against us, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that we may use, print or reproduce at your request
11. LIQUOR TERMS
These Liquor Terms apply only to liquor or alcoholic beverages (“Liquor”). Liquor is only available to contracted customers in the ACT, NSW, Tasmania and Victoria. We sell liquor pursuant to the following licences, depending on where the sale occurs: ACT Liquor Licence 14005518; NSW Liquor Licence LIQP770010022; Tasmanian Liquor Licence 93517; or Victorian Liquor Licence 36067246. We do not offer same day delivery of liquor products.
You and the person placing the order for Liquor warrant to us that you are not under the age of 18, you are not procuring the Liquor for or on behalf of a person who is under the age of 18, and a person over the age of 18 will be available to accept delivery at the delivery location. Both you and the person placing the order for Liquor indemnify us from and against any claims, loss, expenses, fines or penalties incurred by or made against us arising out of a breach of this warranty.
ACT | Liquor Act 2010: It is an offence to supply alcohol to a person under the age of 18 years. Penalties apply.
NSW | Liquor Act 2007: No Alcohol can be sold or supplied to anyone under 18. It’s against the law.
TAS | Liquor Licensing Act 1990: WARNING – It is an offence for liquor to be delivered to a person under the age of 18 years (Penalty: find not exceeding 20 penalty units. It is an offence for a person under the age of 18 years to purchase liquor (Penalty: fine not exceeding 10 penalty units).
VIC | Liquor Control Reform Act 1998: WARNING – Under the Liquor Control Reform Act 1998 it is an offence: to supply alcohol to a person under the age of 18 years (Penalty exceeds $19,000); for a person under the age of 18 years to purchase or receive liquor (Penalty exceeds $800).
These terms and conditions apply only to the Winc Everyday Furniture Range:
12.1 Delivery charges may apply and will be advised at the time of purchase. Alternatively, please call 13 26 44 to speak to Customer Service about any delivery charges to your area.
12.2 Deliveries are only available to mainland Australia and Tasmania. Deliveries can only be made to the nominated address between 8:00am and 5:00pm, Monday to Friday on business days.
12.3 We endeavour to arrange delivery of furniture in the Winc Everyday Furniture Range to metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth within 5 business days of order completion. Delivery outside those areas may still be within 5 business days although this cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, delivery times may be affected by external factors out of the control of Winc.
12.4 Collection of furniture purchases from Winc Everyday Furniture Range is available at distribution centres by agreement. Delivery to any Winc distribution centre is free and we endeavour to complete the delivery within 5 business days. Please call Customer Service on 13 26 44 to arrange purchase of any furniture within the Winc Everyday Furniture Range with collection at a Winc distribution centre. You will be notified of identification requirements when any order is available for collection.
12.5 For an additional fee, we can organise to have your Products assembled within metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth. Please contact your Winc Account Manager or call us on 13 26 44 for more information.
13. WINC EARTH – PREMIUM COMPATIBLE TONER WARRANTY
This warranty is offered in addition to the statutory rights to which you may be entitled under the ACL and other applicable consumer protection laws and regulations. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
We warrant to the original purchaser that the Winc Earth™ Toner Cartridge will be free of defects in design, assembly, material or workmanship for the earlier of the life of the cartridge (until the toner is depleted) or for one year from date of purchase. Your toner is depleted when you begin to see faded or light type on your printed page or, if applicable, your printer indicates a toner low message. We will replace any defective Winc Earth™ Toner Cartridge free of charge by contacting technical support or your Winc representative.
We further warrant that the Winc Earth™ Toner Cartridge will not damage the print-head or printing mechanism when stored, installed and used in accordance with our recommended procedures or the printer manufacturer’s recommended procedures. In the event of any damage to a print-head or printing mechanism caused solely and directly by the use of Winc Earth™ Toner Cartridge, we will pay the reasonable cost of service and repair of the print-head or printing mechanism so damaged, provided you (1) notify us of such damage in writing within thirty days and (2) deliver to us at your expense, a written service report, signed by authorised technical service personnel, identifying the Product supplied as the sole and direct cause of such damage, along with print samples and damaged or replaced parts.
This warranty does not apply to normal wear or damage from misuse, abuse, improper storage and handling, installation, accident, repair or alteration. Except as stated in these terms and conditions or required by law, no other warranties will apply.
To claim your replacement, contact Customer Service on 13 26 44
14. PERSONAL PROPERTY SECURITIES
If you have been approved for credit, you acknowledge and agree that by assenting to these terms you grant a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Winc in all Products supplied by us to you. You agree to do all things reasonably requested by us for the purpose of registering our security interest, including providing consents, signing and producing documents, and supplying information at your own cost. You agree not to register a financing change statement as defined in section 10 of the PPSA without our prior written consent and you undertake to give us not less than 14 days’ prior written notice of any change in your name and/or other changes in your contact details. To the extent permitted by the PPSA, you waive your rights to receive a notice under any of subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA or a statement referred to in subsection 132(3)(d) and 132(4). Pursuant to section 157 of the PPSA, unless otherwise agreed in writing by us, you waive the right to receive the verification statement relating to the security interest. You agree to pay all costs incurred by us in enforcing or attempting to enforce the security interest created by these terms.
15. TERMS CONFLICTS
Unless otherwise expressly agreed in writing by us, these terms and conditions will apply to the exclusion of all other terms and conditions contained in your order. In the event of any inconsistency, we will be deemed, by delivering the Products or supplying services to you, to have made an offer to you to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if you retain the Products or accept the services.
These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts of that state.
We reserve the right to revise and amend these terms and conditions at any time in our absolute discretion. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised terms and conditions.
18. NO WAIVER
Our failure to exercise, or any delay in exercising, any right, power or privilege available to us under these terms and conditions will not operate as a waiver or preclude any other or further exercises or the exercise of any other right or power.
All promotions and Products are advertised in good faith to be available at the time of sale; however, unforeseen circumstances, such as supply or delivery problems or unexpected demand, may occasionally result in stock unavailability.
Promotions are not intended to contravene your employer’s policies and procedures. Please seek approval from your employer if you are unsure whether claiming any promotion from us is permitted by your organisation. For government departments, eligibility is subject to departmental guidelines.
Savings expressed as a percentage are calculated off Recommended Retail Prices (RRP). We reserve the right to withdraw or terminate a promotion at any time in our sole discretion. Products are available whilst stocks last. Products styles, brands, colours and sizes may vary. Not all Products are available in all areas. Please note that no backorders or change of mind returns, exchanges, credit notes or refunds are available for Winc Outlet Clearance Sale purchases.
19.1 ‘First Order’ Coupon Terms and Conditions
The First Order Coupon offer is valid from 1 February 2022 to 1 February 2023 unless withdrawn or terminated earlier at our sole discretion. To participate in this offer, you must be registered with winc.com.au and spend $150 or more in a single transaction. Simply enter the coupon code to redeem $20 off $150 or more spent. The discount will be applied at checkout. A limit of one coupon per customer applies. Coupons are single use only and cannot be used in conjunction with any other offer. You must be signed in to redeem your coupon code at checkout.
Last updated by Legal 28 October 2022