(ABN 50 004 645 318)

Terms and Conditions of Online Sales

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:

  • “Australian Consumer Law” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
  • “CCA” means the Competition and Consumer Act 2010 (Cth);
  • “Credit Eligibility Information”, “Credit Reporting Information”, “Personal Information” and “Sensitive Information” each have the meaning prescribed to them in the Privacy Act.
  • “Goods” mean the goods the subject of these Terms of Online Sales (including any part of the Goods);
  • “GST” has the same meaning as in the GST Act;
  • “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  • “Party” means you or Winchester, and parties has the corresponding meaning;
  • “Price” means the price specified for the Goods on the Site in accordance with these Terms of Online Sales;
  • “Privacy Act” means the Privacy Act 1988 (Cth);
  • “Site” means and includes all associated social media pages owned or operated by Winchester;
  • “Tax invoice” has the meaning set out in the GST Act;
  • “Taxes” means taxes, levies, imposts, charges and duties (including, stamp and transaction duties) imposed by any government agency, together with any related interest, penalties, fines and expenses in connection with them, together with any penalties, fines or interest thereon or similar additions thereto, imposed, levied or assessed or otherwise payable;
  • “Terms of Online Sales” means these terms and conditions of online sales, as amended from time to time;
  • “Warranty Document” means any document provided with the Goods in which Winchester gives a warranty in relation to the Goods; and
  • “Winchester” means Winchester Australia Limited ABN 50 004 645 318.

    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:

  • to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;
  • to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;
  • for any purpose that is unlawful or fraudulent, attempts to access unauthorised data or configurations or interferes with the functionality of the Site;
  • to send unsolicited mail messages;
  • to sell or request people to click on link leading to third party goods and services;
  • with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Site; or
  • in breach of these Terms.
  • 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.


    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.

    When you create an account, Winchester will collect, store and disclose your information in accordance with its Privacy Policy, which is incorporated into these Terms. When you create a customer account on the Site, Winchester may also use your personal information to send you marketing and/or promotional materials from time to time. You can unsubscribe from this at any time by using the unsubscribe function.

    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.


    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.


    Winchester warrants that the Goods:

  • comply with the warranties included in any Warranty Document;
  • are of acceptable quality when sold to you and are reasonably fit for any purpose specified by Winchester; and
  • will match any sample or demonstration model and any description Winchester provides.
  • 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:

  • replacing the defective Goods or part thereof; or
  • payment of the cost of replacing the Goods or part thereof.
  • 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:

  • the unavailability of the Goods;
  • Winchester’s failure to deliver the Goods on a specific date, or within a specific time, or at all;
  • an accident, a breakdown or defect in the Goods; or
  • the sale erection or use of the Goods,
  • 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:

  • the Goods; and/or
  • the entry onto, and any activities undertaken on and in, Winchester’s premises by you or your employees, agents, contractors or sub-contractors. Subject to these Terms of Online Sales, you will indemnify Winchester and keep Winchester indemnified from and against liability and any loss or damage of any kind whatsoever arising directly or indirectly from:
  • any breach of these Terms of Online Sales by you; and
  • any claim by any person in respect of or arising out of or in connection with any of the matters referred to in these Terms of Online Sales.
  • 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.


    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:

  • notify Winchester of the defect as soon as possible; and
  • comply with the terms of the Warranty Document.
  • 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:

  • the reason for the return;
  • the receipt number; and
  • the staff member who authorised the return.
  • 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.


    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:

  • war, threat of war or warlike conditions, hostilities, civil commotion, riots, fire, flood, strikes, lock-outs, accidental breakdown or mechanical failure of plant, machinery or equipment, acts of government;
  • delays in transportation or default on the part of the manufacturer or Winchester; or
  • any other causes whatsoever beyond Winchester’s reasonable control, notwithstanding that any such cause may be operative at the time of entering into this agreement. Goods not so delivered and Goods so delayed shall be delivered at any subsequent time or times and subject to these Terms of Online Sales, must be accepted and paid for by you.
  • 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.


    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.


    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.

    Winchester’s Privacy Policy and Credit Reporting Policy, as amended from time to time, is incorporated into these Terms of Online Sales and specifies how the collection, use and disclosure of Credit Reporting Information, Credit Eligibility Information, Personal Information and Sensitive Information may occur. A copy of Winchester’s Privacy Policy and Credit Reporting Policy can be accessed by clicking on the Winchester’s website at (


    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.