Terms and Conditions

Terms and Conditions of Sale

All goods and services (“Products”) supplied by Winc Australia Pty Limited (“Business Interiors”) 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.

2. PRICE

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.

3. PAYMENT

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.

4. 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.

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.

6. DELIVERY

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.
• Business Interiors 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.

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.

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:
a. If the breach or liability relates to goods:

(i) replacement of the goods or the supply of equivalent goods;
(ii) repair of the goods;
(iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired.

1. If the breach or liability relates to services:

(i) supplying of the services again; or
(ii) 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.

8. RETURNS

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 marketing@winc.com.au, 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. FURNITURE

These terms and conditions apply only to the Winc Everyday Furniture Range:

11.1 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.

11.2 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.

11.3 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 Business Interiors.

11.4 Furniture Essentials products may be eligible for our Quick Ship through delivery. Not all Furniture Essentials products are eligible. To be eligible these products must be specially marked. Quick Ship delivery to metropolitan areas (excluding Darwin and Hobart) is within 1 – 3 business days of order completion. For regional areas delivery is within 5 – 10 business days.

11.5 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.

11.6 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.

12. 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 Business Interiors 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.

13. 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.

14. JURISDICTION

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.

15. VARIATIONS

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.

16. 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.

17. PROMOTIONS

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.

Last updated by Legal 28 October 2022

Terms and Conditions of Credit

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.

THE APPLICANT

These Terms and Conditions of Credit (Terms) apply to the establishment, operation and use of the Applicant’s credit account with Winc Australia Pty Limited ABN 94 000 728 398 (Winc), acceptance of which is evidenced by the Applicant’s execution of the New Customer Credit Account Application Form (Application)

1. The Applicant warrants that the information provided in the Application is accurate, correct and complete and is supplied for the purposes of obtaining credit.
2. The person/s signing the Application warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on their behalf.
3. The Applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from Winc Australia Pty Limited, ABN 94 000 728 398 (“Winc”) stating that credit facilities have been given and confirming the terms and conditions upon which such credit facilities are given. Until the Applicant receives such notice, any products and/or services that are supplied by Winc to the Applicant will be on the basis of payment up front.
4. The parties agree that, if prior to formally approving credit, Winc grants to the Applicant time to pay for any products and/or services supplied, it does so on these Terms.
5. In the event of Winc granting credit facilities to the Applicant then:
   a) All accounts are to be settled in full within the agreed trading terms noted on the Winc statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.
   b) Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies owing to Winc shall immediately become due and payable. Winc shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.
   c) Any reasonable expense and/or costs or disbursements incurred by Winc in recovering any outstanding monies including debt Collection agency fees and legal costs shall be paid by the Applicant.
   d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by Winc. In that event, all monies owing to Winc will be immediately due and payable.
   e) Winc may at any stage during the continuance of the credit arrangement impose as a condition precedent to the grant of further credit that the Applicant give such security or additional security or information as Winc shall in its discretion think fit and in a form acceptable to Winc. Winc shall be entitled to withhold supply of goods or further credit until such security or additional security is obtained.

TRUST

Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, it has the power under the trust deed to enter into and observe its obligations under these Terms and the assets of the trust shall be available to meet payment of any monies due and owing to Winc.

CHANGE OF OWNERSHIP / PARTICULARS

The Applicant will notify Winc no later than 14 days after any change of ownership, change in particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition in the Applicant’s internal structure and senior management.

PRIVACY STATEMENT

The Applicant consents to Winc collecting, disclosing and exchanging personal information about them for the purpose of assessing the Applicant’s or Guarantor’s credit application, credit worthiness and credit information (including for the purpose of seeking information from a credit reporting agency and referees provided in this Application). The information which may be given includes particulars of the Applicant’s identity, the fact that the Applicant has applied for credit and the amount of such credit and information about any defaults by the Applicant. The Applicant further consents to Winc disclosing information about the Applicant to its subsidiaries, parent company agents and advisers. Customer information may also be used by Winc for account servicing and direct marketing purposes.

LAW

The parties agree that these Terms shall be governed and construed in accordance with the laws of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State.

TERMS AND CONDITIONS OF SALE

Winc Terms and Conditions of Sale, a copy of which is located at https://businessinteriors.com.au/terms-and-conditions is incorporated into these Terms and shall apply in respect of all sales made to the Applicant.

ACKNOWLEDGMENT

Winc’s Terms and Conditions of Credit and Terms and Conditions of Sale form the agreement between the parties and are binding on the parties. These Terms and Conditions of Credit and Terms and Conditions of Sale will prevail over any subsequent document issued by the Customer. If the Application is received in electronic format, it is constituted as an original document.

For Commercial Credit Application Form please click here (pdf).