Terms & Conditions

This Agreement is a contract between You and Winnellie Supermarkets It sets out the terms and conditions under which You may purchase products online from Winnellie Supermarkets. 

Please read the following terms and conditions carefully before placing your order on Winnellie Supermarkets. By completing the customer application process and using the Winnellie Supermarkets Service, You agree to be bound by the terms and conditions of this Agreement.

1. INTERPRETATION.

In these Conditions:

"Agreement" means an agreement between You and Winnellie Supermarkets to supply Goods. The Agreement consists of the Order and these Conditions.

"Conditions" means these Conditions and any agreed written variations. 

"Delivery Address" means the address to which the Goods are to be delivered as stated on the Order.

"Goods" means Goods described in an Order and includes packaging.

"Intellectual Property Rights" includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise.

"Minimum Amount" means the minimum amount (excluding the Service Fee) required to place an Order with Winnellie Supermarkets, as advised by Winnellie Supermarkets from time to time.

"Order" means an order by You to purchase Goods from Winnellie Supermarkets.

"Product List" means the list of Goods displayed on the Winnellie Supermarkets Internet site as amended from time to time.

"Service Fee" means the fee payable to Winnellie Supermarkets in respect of delivery of the Goods and handling costs associated with processing your Order as advised by Winnellie Supermarkets from time to time.

2. THE AGREEMENT

2.1 What is the Agreement?

The entire agreement between You and Winnellie Supermarkets for the purchase of Goods by You from Winnellie Supermarkets is:

(a) these Conditions; and

(b) the terms of the Order.

2.2 When the Agreement is formed

An agreement exists between You and Winnellie Supermarkets once:

(a) Winnellie Supermarkets accepts an Order; or

(b) Winnellie Supermarkets receives the Order and does not reject it within fourteen days.

2.3 Each Order is a separate agreement.

2.4 Set-Off

If You owe money to Winnellie Supermarkets under one agreement, Winnellie Supermarkets may set-off that money against any money that You owe to Winnellie Supermarkets under another agreement. If Winnellie Supermarkets owes money to You under one agreement Winnellie Supermarkets may set-off that money against any money that it owes You under another agreement.

3. CUSTOMER APPLICATION

3.1 Application to be completed

You must complete a customer application before placing an Order for Goods on Winnellie Supermarkets. You warrant that all information and data provided by You in the customer application is accurate, complete and up to date. You will promptly inform Winnellie Supermarkets if there is any change to this information or data.

3.2 Set up costs

You are responsible for any costs associated with accessing the Winnellie Supermarkets site and placing orders for Goods on Winnellie Supermarkets including any Internet provider fees.

3.3 Delivery area

In order to purchase Goods from Winnellie Supermarkets, the Delivery Address which You nominate will need to be within a location where Winnellie Supermarkets provides delivery services. Winnellie Supermarkets will advise You if the Delivery Address which You nominate ceases to be in an area where Winnellie Supermarkets delivers goods. Winnellie Supermarkets will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which Winnellie Supermarkets delivers goods.

4. PURCHASE ORDERS & DELIVERY OF GOODS

4.1 Orders

You will place an Order on Winnellie Supermarkets by selecting Goods and pressing the "Submit Order" button. Orders will be deemed to have been received by Winnellie Supermarkets at the time of successful transmission of the Order. An Order must be equal to or more than the Minimum Amount.

4.2 Delivery of the Goods

Winnellie Supermarkets will deliver the Goods to You at the Delivery Address within 5 working days of sending an order. The Goods will be delivered regardless of whether or not any person is at the Delivery Address to receive the Goods. 

4.3 Service Fee

If required by Winnellie Supermarkets You shall pay to Winnellie Supermarkets the Service Fee (or such other fee as may be specified by Winnellie Supermarkets) in respect of each Order.

4.4 Price Changes

Price may vary due to technical difficulties / human error. In cases like this the customer will be contacted and asked to amend their order.

5. RISK & TITLE IN THE GOODS

5.1 Risk and Title

Property and risk in the Goods passes to You upon delivery and payment of the Goods to the Delivery Address. 

5.2 Returns or Refunds

If at any time You are not satisfied with the quality of the Goods You have purchased, You may call Winnellie Supermarkets on (08) 8981 6960 and a representative will assess Your request for a credit or refund of the purchase price.

6. PRICE OF GOODS & PAYMENT

6.1 Price of Goods

The price of the Goods you must pay will be the price shown on the Product List at the time you order the Goods.

6.2 Service Fee

You also agree to pay the Service Fee in respect of each Order.

6.3 Price Comparisons

The prices on the Product List may not correspond to the prices in the physical Winnellie Supermarket store. 

6.4 Method of payment

You shall pay for the Goods at the time of order and Orders may only be paid by credit card (Bankcard, MasterCard, Visa, American Express, Diners Club). Winnellie Supermarkets does not accept cash, cheque, or gift voucher payment for the Goods.


6.5 Discount Cards

We DO NOT accept our competitors discount cards. 

7. PACKAGING & LABELLING OF GOODS

Winnellie Supermarkets aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to You. Winnellie Supermarkets does not warrant the accuracy of the information contained in the Product List and recommends that You read the labels on Goods carefully before consuming the Goods.

8. OUT OF STOCKS

8.1 No rainchecks

Winnellie Supermarkets will not provide rainchecks in respect of Goods ordered by You.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 You acknowledge that Winnellie Supermarkets or its related corporations own or are licensed to use all Intellectual Property Rights in Winnellie Supermarkets (including, but not limited to, any images, photographs or text which appears on the site). You agree that You will make no representation to the contrary, and that You must not use or copy Winnellie Supermarkets in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights.

9.2 You acknowledge that any trademarks or logos which appear on the Winnellie Supermarkets site are owned by or licensed to Winnellie Supermarkets or its related corporations, and that You must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

10. LIABILITY

10.1 You acknowledge that Winnellie Supermarkets is provided "AS IS" and that Winnellie Supermarkets is not making and has not made any warranty or representation as to Winnellie Supermarkets' suitability for any particular purpose. You agree that in using Winnellie Supermarkets, You are not relying on any statement or representation made by Winnellie Supermarkets, which is not expressly contained in this Agreement.

10.2 You agree that any liability of Winnellie Supermarkets arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of Winnellie Supermarkets (other than a condition or warranty implied by legislation which does not permit Winnellie Supermarkets' liability to be limited as stated in this clause 10.2) will, at the election of Winnellie Supermarkets be limited to:

(a) If the condition relates to goods, the replacement of the goods or the supply of equivalent goods; and

(a) If the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

10.3 You agree that the entire risk arising out of installation, down loading, use or performance of any software remains with You. To the extent permitted by law, You release and discharge Winnellie Supermarkets and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Winnellie Supermarkets or this Agreement, including, without limitation, loss or damage caused by the negligence of Winnellie Supermarkets or its related corporations.

11. USERNAME AND PASSWORD

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Winnellie Supermarkets in relation to any liability arising out of the unauthorised use of your user name and/or password.

12. NOTIFICATION OF CHANGES

Winnellie Supermarkets may add to, delete, or otherwise change any of the terms of this Agreement by giving You notice as provided in clause 15. Your use of the Winnellie Supermarkets Service after notice will constitute your deemed acceptance of such changes.

13. PRIVACY & SECURITY

For details on the Winnellie Supermarkets Privacy & Security Statement, please click on the link Privacy Policy.

14. TERMINATION

Winnellie Supermarkets may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that your shopping privileges have been removed. If this occurs, please contact Winnellie Supermarkets, (08) 8981 6960. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice.

15. NOTICES

Winnellie Supermarkets may give notice to You by electronic mail, conventional mail to your address contained in the membership registration information or notice posting on the Winnellie Supermarkets website. You may give notice to Winnellie Supermarkets by electronic mail to info@winsup.com.au

16. PROVISIONS ARE SEVERABLE

Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.

17. NORTHERN TERRITORY LAW APPLIES

The laws of the Northern Territory govern this Agreement.