Terms and Conditions of Sale
Winc Australia Pty Ltd
Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.
All goods and services (“Products”) supplied by Winc Australia Pty Limited (“Winc”) are supplied on these terms and conditions.
No order shall be binding on Winc until accepted by Winc. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Winc of an order from the Customer. Winc reserves the right to accept any order in whole or in part. Where Winc makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Winc.
All credit orders are accepted by Winc subject to satisfactory credit approval of the Customer, and are governed by Winc’s credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services 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 the earlier, except in the case of software licences, where payment must be made within 7 days of invoice date. Payment must be made in full without set off or deduction. Winc will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer. Winc reserves 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.
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Winc. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Winc, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Winc, to hold the proceeds of sale on trust for Winc, in an account in the name of Winc, until payment in full for the Products is made to Winc.
Winc reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Winc.
Winc will use its best endeavours to deliver in-stock Products within the following timeframes, provided the relevant order is received by 5:00pm or your state’s standard cut off time.
For Office Products, Janitorial Products, Safety Supplies, Canteen Products, IT Products, Liquor Products*:
|Delivery lead times for locally available in-stock products ordered before 5pm.|
|Next Working Day||Sydney Metropolitan (including Wollongong and Newcastle)|
|Next Working Day||Melbourne Metropolitan|
|Next Working Day||Brisbane Metropolitan|
|Next Working Day||ACT|
|Next Working Day||Adelaide Metropolitan|
|Next Working Day||Darwin Metropolitan|
|Next Working Day||Hobart Metropolitan|
|Next Working Day||Launceston Metropolitan|
|Next Working Day||Perth Metropolitan|
|Within 2-4 Working Days||Bunbury Region|
|Within 2-4 Working Days||Cairns Region|
|Within 2-4 Working Days||Gladstone Region|
|Within 2-4 Working Days||Mackay Region|
|Within 2-4 Working Days||Rockhampton Region|
|Within 2-4 Working Days||Townsville Region|
|Within 4-6 Working Days||New South Wales Country|
|Within 4-6 Working Days||Victoria Country|
|Within 4-6 Working Days||Northern Territory Country|
|Within 4-6 Working Days||Queensland Country|
|Within 4-6 Working Days||South Australia Country|
|Within 4-6 Working Days||Tasmania Country|
|Within 4-6 Working Days||Western Australia Country|
|Within 4-6 Working Days||Alice Springs|
|7+ Working Days||Remote Areas|
*Liquor is only available in NSW, VIC, TAS and ACT.
For warehoused Printed Products and Promotional Products:
|Next Working Day||Sydney Metropolitan (including Wollongong and Newcastle)|
|Next Working Day||ACT|
|Within 2-4 Working Days||New South Wales Country|
|Within 2-4 Working Days||Adelaide Metropolitan|
|Within 2-4 Working Days||Brisbane Metropolitan|
|Within 2-4 Working Days||Melbourne Metropolitan|
|Within 2-4 Working Days||Victoria Country|
|Within 2-4 Working Days||Queensland Country|
|Within 2-4 Working Days||South Australia Country|
|Within 4-6 Working Days||Tasmania|
|Within 4-6 Working Days||Northern Territory|
|Within 4-6 Working Days||Perth Metropolitan|
|7+ Working Days||Remote Areas|
|7+ Working Days||Western Australia Country|
For Business Interiors: Delivery times for Business Interiors may vary and are subject to product availability from the supplier and the location of the supplier.
Winc will accept returns in accordance with the terms and conditions of its then current returns policy available here.
Where Winc has agreed to procure, warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Winc may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Winc against all claims, demands, loss, costs and expenses incurred by or made against Winc, 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 Winc may use, print or reproduce at the Customer’s request.
To the fullest extent permitted by law, Winc excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (“the CCA”) apply to any Products supplied by Winc to the Customer, 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, the liability of Winc 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 the option of Winc, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) If the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) 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, Winc shall not be under any liability to the Customer 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 Winc or the failure of Winc to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Winc will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Winc reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via NetXpress.
Winc reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
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 jurisdiction of the courts of that state.
The failure by Winc to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.
13.1 The Customer acknowledges and agrees that by assenting to these terms the Customer grants a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Winc in all Products supplied by it to the Customer to secure the payment from time to time and at a time, including future advances. The Customer agrees to grant a ‘Purchase Money Security Interest’ (as defined by the PPSA) to Winc.
13.2 The Customer undertakes to:
13.2.1 sign any documents and/or provide any information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Winc may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (‘PPSR’);
13.2.2 not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Winc;
13.2.3 give Winc not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s contact details; and
13.2.4 pay all costs incurred by Winc in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these terms including executing subordination agreements and obtaining an order pursuant to section 182 of the PPSA.
13.3 To the extent permitted by the PPSA the Customer waives its 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).
13.4 Pursuant to section 157 of the PPSA, unless otherwise agreed to in writing by Winc, the Customer waives the right to receive the verification statement relating to the security interest.
The following Liquor Terms apply only to liquor or alcoholic beverages.
14.1 All beverages containing liquor or alcohol (“Liquor”) supplied by Winc Australia Pty Limited ABN 94 000 728 398 (“Winc”) are supplied on these terms and conditions. No order shall be binding on Winc until accepted by Winc. An individual contract for the supply of Liquor, on these terms and conditions, is formed on acceptance by Winc of an order from the Customer identified on the invoice/ delivery docket (“Customer”).
14.2 Liquor is sold pursuant to the following licences, depending on where the sale occurs: Victorian Liquor Licence 36067246; ACT Liquor Licence 14005518; Tasmanian Liquor Licence 74819457, or NSW Liquor Licence LIQP770010022.
14.3. Both the Customer and the person placing the order for Liquor warrant to Winc that:
(a) he or she is not under the age of 18 years;
(b) he or she is not procuring the Liquor for or on behalf of a person who is under the age of 18 years; and
(c) a person over the age of 18 years will be available to accept delivery at the Customer’s place of business . Both the Customer and the person placing the order for Liquor indemnify Winc from and against any claims, loss, expenses, fines or penalties incurred by or made against Winc arising out of a breach of this warranty.
These terms and conditions apply only to the Winc Everyday Furniture Range.
15.1. Free delivery is available on all orders of furniture in the Winc Furniture Fundamentals Range with delivery to metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth. For deliveries outside these areas delivery charges may apply and will be advised at the time of purchase. Alternatively please call 13 26 44 to speak to sales support about any delivery charges to your area.
15.2. 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. Deliveries cannot be made to post office boxes.
15.3. Winc Fast & Free Delivery is available on the Winc Everyday Furniture Range to all areas in which free delivery is available. The intention of Winc Fast & Free Delivery is to arrange delivery of furniture in the Winc Everyday Furniture 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 the control of Winc. Furniture assembly is available on selected products, within the delivery area. Please contact your Winc Account Manager for further details.
15.4 Collection of furniture purchases from Winc Everyday Furniture Range is available at Winc retail stores and distribution centres by agreement. Delivery is free to any retail stores and distribution centres. Please call 13 26 44 to speak to sales support to arrange purchase of any furniture within the Winc Everyday Furniture Range where collection is to be made at a Winc retail store or distribution centre. Customers will be notified when any order is available for collection and identification requirements. Winc Fast & Free Delivery is available for furniture purchases within the Winc Everyday Furniture Range where collection is to be from a Winc retail store or distribution centre.
15.5 Need help assembling your furniture? Winc can organise to have your products assembled within available delivery areas*. Simply add the assembly code (below) to your order:
+18907954 Selected Visitor Chairs/ Cafe Chairs / Bar Stools ___$9 each
+18907955 Task Chairs/ Manager Chairs / Pedestals / Coffee Tables / Trolleys ___$29 each
+18907956 Desks / Meeting Tables/ Returns / Bookcases / Shelving / Hutches ___$39 each
+18907957 Workstations/ Cupboards/ Credenzas / Buffets / Pigeon Holes ___$59 each
Call us on 13 26 44 for more information.
*Metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Hobart, Launceston, Canberra, Darwin and Perth.
The following warranty is offered by Winc in addition to the statutory rights to which you may be entitled under the Competition and Consumer Act 2010 and other applicable consumer protection laws and regulations.
Winc warrants to the original purchaser that the Sustainable Earth™ by Staples ™ Toner Cartridge shall 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. Winc will replace any defective Sustainable Earth™ by Staples™ Toner Cartridge free of charge by contacting technical support or your Winc representative.
Winc further warrants that the 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 Sustainable Earth™ by Staples™ Toner Cartridge, Winc will pay the reasonable cost of service and repair of the print-head or printing mechanism so damaged, provided the customer (1) notifies us of such damage in writing within thirty days and (2) delivers to us at the customer’s 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.
Our goods 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 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.
This warranty does not apply to normal wear or damage from misuse, abuse, improper storage and handling, installation, accident, repair or alteration. To the fullest extent permitted by law, in no event will Winc be liable for any loss of profits, business, savings, data, records, or any incidental, indirect, special, punitive, or consequential damages relating to this product. Except as stated herein or required by law, no other warranties shall apply.
To claim your replacement, contact technical support:
Australia 1800 686 063
1. Delivery charges may apply for orders placed on The Good Guys product range for delivery in the following metropolitan areas: Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Alice Springs, Hobart, Launceston, Canberra, Darwin and Perth. Delivery charges will be advised at the time of purchase. Delivery charges may also apply for delivery outside of the metropolitan areas noted above, and will be advised at the time of purchase. For more information, please call 13 26 44 to speak to our sales support team.
2. Deliveries are available in mainland Australia and Tasmania. Deliveries can only be made to the address nominated at time of purchase and will take place between 8:00am and 5:00pm, Monday to Friday (excluding public holidays). Deliveries cannot be made to post office boxes.
3. Delivery is available on The Good Guys product range to all areas in which metro delivery is available. Deliveries within the metro delivery zone will be arranged within 5 business days of order completion. Delivery outside of the metro delivery zone may also be made within 5 business days of order completion, although this cannot guaranteed. While every effort is made to ensure delivery within the expedited time, this cannot be guaranteed and delivery times may be affected by factors out of Winc’s control.
4. Products may vary slightly to those shown and may not be available in some areas.
5. To the maximum extent permitted by law, Winc reserves the right to vary these terms at any time with or without notice.
6. With the exception of Delivery, all purchases are subject to Winc’ terms and conditions of sale. For government departments, eligibility is subject to departmental guidelines.