This is a contract between you, the customer ("you", "your"), that applies to your use of the Site and any Goods you purchase from Winchester through the Site.
This is version 1.0 of these terms effective 1st November 2018.
Unless otherwise inconsistent with the context:
Winchester operates the Site, which it provides for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.
You must not, and not allow others to use or permit anyone else to access the Site:
Winchester does not warrant that the Site will be available at all times or is free from viruses and where the Site contains links to third party sites. Winchester has no control over, does not accept, and assumes no responsibility for the content or products of such third party sites. Winchester reserve the right to remove posts and content that are contrary to these Terms.
SUPPLY OF GOODS
Winchester will supply Goods through the Site in accordance with, and subject to, these Terms of Online Sales. Due to photographic and screen limitations associated with the representation of Goods on the Site, some actual Goods (including, in particular, clothing and apparel) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of Goods are created or chosen by Winchester for promotional purposes, and may not be an exact representation of the Goods received.
Once you have placed your order, Winchester are unable to cancel, add, remove or make changes to your order, including your delivery details, items, colours, sizes or removing the items from your order.
Winchester may refer you to an authorised dealer in relation to certain Goods, in which case your agreement for the supply of Goods will be between you and the dealer.
You must be at least 18 years old to create a customer account on the Site. Winchester reserves the right to decline registration or to cancel an account at any time.
You must keep any account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify Winchester if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that Winchester is not responsible or liable in the event that a person to whom your password is disclosed uses the Site.
You warrant that all information you provide in your account is accurate and up to date and you will promptly inform Winchester of any changes. Winchester may without notice suspend or close your account if you (or someone accessing your account) is in breach of these Terms or Winchester reasonably suspects such a breach has occurred or will occur.
You agree to pay Winchester the Price specified for the Goods on the Site upon submitting an order.
All Prices advertised by Winchester are subject to change without notice.
Winchester may accept payment by MasterCard, Visa, Bankcard or PayPal, and in the event that a credit card provider charges Winchester for your use of a card, Winchester reserves the right to pass this charge on to you or, in Winchester’s discretion, not accept that card.
OWNERSHIP & RISK
Risk of loss of, and damage to, the Goods passes to you at the time of dispatch from Winchester’s warehouse.
Ownership in the Goods remains with Winchester and does not pass to you until Winchester has received payment in full from you for the Goods.
Winchester and you are bound by the terms and conditions of Australia Post as the deliverer of the Goods, and Winchester reserves the right to determine the Australia Post delivery service to be used for the delivery of the Goods.
LIABILITY & INDEMNITY
Winchester warrants that the Goods:
Subject to these Terms of Online Sales, all warranties, representations, promises, conditions or statements regarding the Goods, whether express of implied are expressly excluded to the full extent permitted by law and you expressly acknowledge that you have relied entirely on their own knowledge, skill and judgement in selecting and ordering the Goods.
Nothing in these Terms of Online Sales is intended to exclude, restrict of modify rights which you may have under the CCA or any other legislation which may not be excluded, restricted or modified by agreement.
If the CCA or any other legislation implies a conditional warranty into these Terms of Online Sales in respect of the Goods supplied, and or liability for breach of that conditional warranty, such conditional warranty or liability may not be excluded but may be limited, to Winchester doing one or more of the following:
Subject to these Terms of Online Sales, Winchester will not be liable to you (whether in tort or in contract) for, or in respect of, any loss, damage or injury of any kind whatsoever to persons or property arising from or relating to:
except to the extent that such loss, damage or injury is caused by any act or default or gross negligence on Winchester’s part or on the part of any of its employees, agents, contractors, or subcontractors in connection with or relating to these Terms of Online Sales.
Subject to these Terms of Online Sales, Winchester accepts no responsibility or liability for any loss or damage arising out of, or in connection with, any personal injury, illness or death to any person or damage to any property or any other loss or damage of any kind whatsoever caused by:
Every exemption, limitation, defence, immunity or other benefit contained in these Terms of Online Sales to which Winchester is entitled to will also be held by Winchester for the benefit of, and will extend to protect, each of its employees, agents, contractors or sub-contractors (excluding you, your customers, employees, agents, contractors and sub-contractors).
Each indemnity in these Terms of Online Sales is a continuing obligation separate and independent from your other obligations and survives termination of these Terms of Online Sales.
It is not necessary for Winchester to incur expense or make payment before enforcing a right of indemnity conferred by these Terms of Online Sales.
Subject to these Terms of Online Sales, Winchester will not be liable to you in any circumstances for any indirect, economic, special consequential loss or damage, including but not limited to loss of revenue, loss of production or loss of profit.
RETURNS & CREDIT
Where the Australian Consumer Law applies to the supply of the Goods to you, the Goods come with guarantees that cannot be excluded under the Australian Consumer Law. you is 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 of a major failure.
If the Goods are defective and within their warranty period provided in any applicable Warranty Document, you must:
Unless otherwise provided for in the applicable Warranty Document, Winchester will arrange for you to return the Goods via its nominated carrier with the freight paid by you.
All returns to Winchester must be accompanied by Winchester’s return authorisation details specifying:
Winchester will pay to you the reasonable freight costs if the Goods are truly defective and not the subject of misuse. If the Goods are not defective, or misuse has caused the defect, then you will be liable for payment of replacements you choose to purchase (if any) and any other associated costs, including but not limited to the costs of freighting the original Goods to Winchester and the replacement Goods to you.
EVENTS OUTSIDE CONTROL
Winchester is not responsible for non-delivery or delay in delivery of any of the Goods caused directly or indirectly by events outside the control of the parties, including but not limited to:
If you have stated in writing at the time you place an order with Winchester that time is of the essence with respect to the delivery of the Goods and Winchester is unable to deliver the goods to you within that time, you shall have the option to cancel your order, in which case Winchester shall refund any payment for the goods that you have made.
EXPORTING OF GOODS
You agree not to export any Goods obtained from Winchester without Winchester’s prior written consent and authorisation.
If GST has application to any supply made under these Terms of Online Sales, and the consideration payable or to be provided under this agreement is not otherwise expressly stated to be inclusive of GST, the party making the supply (“Winchester”) may, in addition to the consideration payable or to be provided elsewhere in these Terms of Online Sales, subject to issuing a valid tax invoice, recover from the party receiving the supply (“Recipient”) an additional amount on account of GST.
If, it is determined on reasonable grounds that the amount of GST paid or payable on any supply made under these Terms of Online Sales differs for any reason from the amount of GST recovered from the Recipient then the amount of GST recovered or recoverable from the Recipient shall be adjusted accordingly.
All amounts payable by the Recipient to Winchester by way of reimbursement of an amount paid or payable by Winchester to any other person, or calculated on the basis of amounts incurred or to be incurred by Winchester, shall be calculated on the basis of such amounts payable by Winchester, or costs incurred by Winchester, excluding any applicable amount in respect of GST incurred by Winchester to the extent to which Winchester is entitled to an input tax credit in respect of such GST or amount.
THESE TERMS ARE EXCLUSIVE
By placing an order for Goods with Winchester, you agree to be bound by these Terms of Online Sales (as amended from time to time).
Any of Winchester’s rights under these Terms of Online Sales can only be waived by Winchester in writing.
These Terms of Online Sales may only be varied in writing.
Winchester may exercise a right, remedy or power in any way it considers appropriate and if Winchester does not exercise a right, remedy or power at any time, this does not mean that Winchester cannot exercise it later.
Winchester may, as a condition of entering into these Terms of Online Sales, require personal guarantees in a form approved by Winchester (including the receipt of a guarantor’s certificate or a certificate of independent legal advice).
You must obtain, at your own expense, any necessary licences or permits and comply with applicable laws in taking delivery of the Goods from Winchester.
Winchester’s rights, remedies and powers under these Terms of Online Sales are in addition to any rights, remedies and powers provided by law.
PRIVACY ACT 1988 (CTH)
Winchester is an organisation bound by the Australian Privacy Principles and the Credit Reporting Code under the Privacy Act.
This agreement is governed by the laws of Victoria, Australia and the Parties agree to submit to the non-exclusive jurisdiction of the courts of that state.