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WOOLWORTHS ONLINE AND EVERYDAY MARKET FROM WOOLWORTHS TERMS AND CONDITIONS
If you're shopping online on behalf of a business, please see our Woolworths
Online and Everyday Market from Woolworths Terms and Conditions for Business.
To shop for your business you have to agree to Woolworths Online and Everyday
Market from Woolworths Terms and Conditions for Business by creating a dedicated
business account. Customers cannot use their personal profile for business
orders.
These terms and conditions are important and you should read them fully. But
there are some specific terms we wanted to make you aware of. These are set out
below.
* We may stop making our Site available without prior notice. However, if we
do, any Orders made won’t be affected unless the relevant products are no
longer available or we or one of our partners are prevented from supplying
those products. (see clause 1.6(d) for more details).
* Woolworths and our Everyday Market Partners may cancel your Order for certain
reasons and may reject your Order for any reason. If Woolworths or an
Everyday Market Partner rejects your Order, they will endeavour to provide
you with notice of that rejection. (see clauses 3.1 and 4.2 for more
details).
* Woolworths is not liable for (i) any loss or damage caused to your property
or suffered by you in connection with a delivery; or (ii) any external
websites accessible on our site. (see clauses 1.7, 3.4(e) and 4.5(e) for more
details).
* Without limiting your consumer law rights, Woolworths: (i) is not liable to
you for any indirect or consequential loss other than where such loss arises
as a result of our own negligence or wilful misconduct; (ii) is not
responsible for the agreement between you and any Everyday Market Partner,
including for the supply and delivery of Everyday Market products; (iii) our
liability to you under these terms will be reduced to the extent you either
caused or contributed to that loss or damage; and (iv) our liability to you
arising under or in connection with our Delivery Now Service will be limited
to the Delivery Now Fee paid by you. (see clauses 3.5(c), 4 and 5.1 for more
details).
* Woolworths will not be liable for any damage to products delivered by
Woolworths from the date and time of delivery, including where such products
have been delivered to your nominated courier or transport provider for
Remote Delivery Orders. If your Order is a Pick Up Service, Woolworths will
not be liable for any damage to products from the date and time you collect
those items from either a Woolworths store or one of our Direct to boot
locations (see clauses 3.9(g) and 3.10 for more details).
* If you cancel your Order on the day of delivery or collection, you may have
to pay a cancellation fee of no more than $20. (see clause 3.11(c)(ii)B for
more details).
* Woolworths may change these terms and conditions at any time. However, the
terms and conditions current as at the time Woolworths accepts your Order
will apply. (see clause 5.3 for more details).
1. SITE CONDITIONS OF USE
1.1 INTRODUCTION
1. Thank you for shopping with us. Please read these terms and conditions
before accessing or using the website at www.woolworths.com.au,
www.woolworthsonline.com.au, www2.woolworthsonline.com.au, previously known
as homeshop.com.au, or the Woolworths mobile application (each, a Site ).
2. The Site includes:
1. Woolworths Online where you may purchase Woolworths Products sold by
Woolworths; and
2. Everyday Market where you may purchase Everyday Market Products sold by
our Everyday Market Partners.
3. The Site is operated by:
1. Woolworths Group Limited (ABN 88 000 014 675) to the extent the Site is
in respect of Woolworths Online; and
2. Woolworths Marketplace Pty Limited (ABN 63 000 039 252) to the extent
that the Site is in respect of the Everyday Market (Woolworths , us or
we ).
4. Woolworths Group Limited and Woolworths Marketplace Pty Limited are
collectively or individually referred to as Woolworths , us or we in these
terms and conditions as the context provides.
5. Your access to and use of the Site, including your order of Products through
the Site, is subject to these terms and conditions. If you are under 18
years of age, then you must obtain your parent or guardian’s consent before
accessing and using the Site.
1.2 YOUR AGREEMENT TO THE TERMS AND CONDITIONS
By accessing and using the Site, including placing orders of Products through
the Site, you agree that you will be subject to and will comply with these terms
and conditions.
1. by completing your registration through the Site; and
2. using the Site to order and purchase Products.
1.3 REGISTRATION AND USE OF YOUR ACCOUNT
1. You must complete the customer registration process through the Site before
placing an Order for Products through the Site.
2. You may not have more than one active account, and your account is
non-transferable. You may update, edit or terminate your account at any time
through the Site. You may not have more than two accounts per delivery
address.
3. If you choose to use a workplace email address for your account or to access
the Site, then you are solely responsible for ensuring that you comply with
the rules, policies or protocols that apply to the use of your email address
and your workplace facilities.
1.4 YOUR OBLIGATIONS
1. You:
1. must ensure that your LoginID and password that is used to access the
Site and the details of your account are kept in a safe and secure
manner;
2. must notify us through our Customer Service Centre on 1800 000 610
during Contact Hours if you are or become aware that there is or has
been an unauthorised use of your LoginID and password or account, or any
other security breach relating to your account;
3. must promptly advise us of any changes to your information provided to
us as part of the customer registration process;
4. must provide us with your date of birth to place an Order for a
Restricted Product (for example, a Product that contains liquor, alcohol
or tobacco) or where a relevant law requires us to obtain or verify your
date of birth before we agree to supply that Product to you;
5. are responsible for any costs associated with your access to or use of
the Site, including Internet access fees;
6. are responsible and liable for any person that uses your LoginID and
password to order Product(s) through the Site;
7. agree that we may charge you for all Products that we agree to supply to
you that have been ordered using your LoginID and password through the
Site; and
8. should check the labels on the Products before consumption or use.
2. You must not:
1. use the Site for any activities that breach any laws, infringe a third
party’s rights or are contrary to any relevant standards or codes;
2. use the Site in a manner or way, or post to or transmit to or via the
Site any material, which interferes with other users or our other
customers or defames, harasses, threatens, menaces or offends any
person or which prevents any other person from using or enjoying the
Site;
3. make fraudulent or speculative enquiries, purchases or requests through
the Site;
4. use another person’s details without their permission or impersonate
another person when using the Site;
5. post or transmit any obscene, indecent, inflammatory or pornographic
material or any other material that may give rise to civil or criminal
proceedings;
6. tamper with or hinder the operation of the Site;
7. knowingly transmit any viruses, worms, defects, trojan horses or
similar disabling or malicious code to the Site;
8. use any robot, spider, site search and retrieval application or other
mechanism to retrieve or index any portion of the Site;
9. modify, adapt, translate or reverse engineer any portion of the Site;
10. remove any copyright, trade mark or other proprietary rights notices
contained in or on the Site;
11. reformat or frame any portion of the web pages that are part of the
Site;
12. create accounts by automated means or under false or fraudulent
pretences;
13. use the Site to violate the security of any computer or other network
or engage in illegal conduct;
14. take any action that imposes or that would, in our reasonable opinion,
result in an unreasonable or disproportionately large load on our
infrastructure;
15. use the Site other than in accordance with these terms and conditions;
or
16. attempt any of the above acts or engage or permit another person to do
any of the above acts.
1.5 WARRANTIES
You warrant that:
1. all information and data provided by you to us through the Site (including
as part of the customer registration process) or otherwise is true,
accurate, complete and up to date;
2. the person receiving the Products at the Delivery Address or collecting the
Products on your behalf is authorised by you to do so; and
3. you have and will comply with all relevant laws relating to your use of the
Site and your placement of any Order to us.
1.6 SUSPENSION OF ACCOUNT
1. We reserve the right to refuse service, terminate accounts and/or remove or
edit content if we, acting reasonably, deem that you have acted in breach of
these terms and conditions or have used the Site in a fraudulent or improper
manner. Woolworths also reserves the right to otherwise cancel Orders in
accordance with clauses 3.11 and 4.7.
2. We may immediately suspend, terminate or limit your access to and use of the
Site and (where relevant) your account if you breach these terms and
conditions and:
1. the breach cannot be remedied;
2. you fail to the remedy the breach within 10 days of our notice to you of
that breach; or
3. if there is an emergency.
3. You may stop using the Site at any time and for any reason.
4. We may stop making the Site (or any part of it) available without prior
notice. If so, any Orders that we have, or an Everyday Market Partner has,
accepted will not be affected by this unless the Products that have been
ordered are no longer available or we are, or an Everyday Market Partner is,
prevented from supplying the Products, in which case, we will notify you and
will refund to you all valid payments received by us for those Products.
5. If we lock, suspend or delete your account under this clause 1.6, then we
will refund all credits that you are entitled to receive under these terms
and conditions by direct deposit to your nominated account once we have
conducted all our verification and other relevant checks.
1.7 LINKS ON THE SITE
The Site may contain links to external websites that are not operated by us or
our related bodies corporate. These links are provided for your convenience only
and you agree that:
1. we make no representations or warranties, or have any responsibility or
liability for those websites; and
2. these links do not indicate, expressly or impliedly, that we endorse the
site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at
those sites solely at your own risk.
1.8 ACCURACY OF INFORMATION ON THE SITE
Woolworths attempts to be as accurate as possible and uses its best endeavours
to ensure, but does not itself warrant, that any information provided by its
suppliers, including in relation to product descriptions or other content of
this site, is accurate, complete, reliable, current or error-free.
2. ORDERING AND PURCHASING PRODUCTS GENERALLY
2.1 ORDERING PRODUCTS
1. You may order Products (including Everyday Market Products) by selecting and
submitting your Order through the Site in accordance with these terms and
conditions.
2. Any Order placed through this Site for a Product is an offer by you to
purchase the particular Product for the price notified (including the
delivery and other charges and taxes) at the time you place the Order.
3. We may ask you to provide additional details or require you to confirm your
details to enable us to process any Orders placed through the Site.
4. You agree to provide us with current, complete and accurate details when
asked to do so by the Site.
5. The following minimum amounts apply to Orders placed through the Site:
1. $50.00 each Direct to boot and Pick Up Woolworths Order excluding Bag
Fee;
2. $50.00 for each Delivery Woolworths Order, excluding the Delivery Fee,
Bag Fee and any Crate Service Fee; and
3. to order any Everyday Market Products, your Order must also contain a
minimum of $50.00 of Woolworths Products (including GST but excluding
any Delivery Fee, Bag Fee and any Crate Service Fee).
These amounts are subject to change by us from time to time, and will be
communicated to you through the Site and/or in these Terms and Conditions.
2.2 ORDERING RESTRICTED PRODUCTS - SHARP OBJECTS AND TOBACCO PRODUCTS
1. If you are under 18 years of age, you may not use the Site to place an order
for sharp objects such as knives, blades, saws or any related sharp objects.
2. You:
1. acknowledge that it is against the law to sell or supply tobacco
products to, or obtain tobacco products on behalf of, a person under the
age of 18 years; and
2. warrant that you are not obtaining tobacco (including tobacco Products)
on behalf of a person under the age of 18 years.
2.3 FEES AND CHARGES
1. You agree to pay, the following fees and charges in relation to an Order
that you place through the Site which is accepted (as applicable):
1. the purchase price of each Product that is ordered;
2. the fee for the reusable plastic bags for your Woolworths Order if you
use our Pick Up Service or if you select for your delivery order to be
delivered in reusable plastic bags (Bag Fee );
3. the fee for providing our “crate to bench” service if you select for
your Woolworths Order to be delivered in a crate and unpacked by your
delivery driver at your front door (Crate Service Fee );
4. the delivery or service fee provided to you at the time you selected the
relevant delivery or collection window when placing your Woolworths
Order or the delivery or service fee shown on the site and displayed
when you place your Woolworths Order using our Delivery Now service
(Delivery Fee );
5. if your Order includes an Everyday Market Order, the shipping fee
provided to you at the time you place your Everyday Market Order
(Everyday Market Shipping Fee );
6. the cancellation fee for a Woolworths Order that is cancelled as set out
in these terms and conditions; and
7. any other fees and charges set out in these terms and conditions.
2. All fees and charges identified in these terms and conditions and all prices
for the Products include GST where applicable. In respect of Everyday Market
Products, where a Product contains taxable and non-taxable parts (i.e. a
'mixed supply' product such as a hamper) GST is apportioned on the basis of
the taxable parts of that Product and rounded up to the nearest whole
percentage (i.e. GST may not be apportioned on the basis of the taxable
parts of that Product only). GST will be remitted by the relevant Everyday
Market Partner to the Australian Taxation Organisation on this basis.
3. The purchase price of each Product is shown on the product list on the Site
at the time you place your Order. The purchase price of a Product on the
Site may not be the same or correspond to the prices in any of our
supermarkets or in other sales channels for the same Product.
4. The fees for reusable plastic bags and “crate to bench” service are shown at
the top of your cart at the time you check out. These fees are flat fees for
providing the bags and service and may be subject to change upon notice. If
you require further information in relation to the Bag Fee or Crate Service
Fee, please contact our Customer Hub on 1800 000 610 .
5. You acknowledge that:
1. we, and our Everyday Market Partners, are not required or obliged to
match any prices for any Products, including matching any prices for a
Product that is available through the Site at our supermarket or in
other sales channels, or vice versa; and
2. all pricing displayed on the Site may differ depending on the postcode
you have selected (for example, the price for a Product in Sydney may
differ to the price for that same Product in Melbourne).
6. Just like in our supermarkets, prices for Products change from time to time
and we do not provide any notice of these changes. Subject to these terms
and conditions, once your Order has been accepted, no changes will be made
to the prices that apply to the Products in that Order.
7. If a Product that you have ordered is not available and we have not provided
you with a substitute (product substitution only applies if the Product is a
Grocery Product) or the Product is a weight ranged product and is supplied
below the maximum weight then:
1. where we only pre-authorised payment for your Order at the checkout, we
will deduct the value of any items not provided from the full amount we
charge you at the time we pick your Order; or
2. where we have taken payment for your Order at the checkout, we will
provide you with a refund within 3-5 business days to your original
payment method or alternative means to the value of the Products
(excluding Delivery Fees, Everyday Market Shipping Fees, Bag Fees and
Crate Service Fees) that were not supplied to you. Where your Order was
paid for by two or more different payment methods, we will first process
your refund onto your nominated debit or credit card up to the value
that was paid for by debit or credit card and if the refund amount
exceeds the amount paid by debit credit card, we will provide the
remainder of the refund to the alternative payment methods used.
2.4 PAYMENT METHODS
1. You must pay the fees and charges online using the online payment methods in
clause 2.4(b).
2. We accept the following credit cards:
1. Woolworths Everyday Platinum Credit Card;
2. Woolworths Qantas Platinum Credit Card;
3. Visa and Visa Debit;
4. MasterCard and MasterCard Debit;
5. American Express;
6. Diners Club;
7. WISH GIFT Card; and
8. PayPal.
3. If we are unable to successfully process your payment for your Order that is
accepted by us, then we may notify you of the dishonour and cancel your
Order.
4. You authorise Woolworths to pre-authorise and/or debit the amount that is
payable for an accepted Order from your nominated credit card to pay for the
fees and charges.
5. You must not pay, or attempt to pay, for Products through any fraudulent or
unlawful means.
2.5 INVOICES
1. If you purchase Woolworths Products and Everyday Market Products in the same
Order, the total amount of the Order will be processed in one payment
transaction. However, you will be provided with separate invoices for
Grocery Products and Everyday Market Products.
2. We will provide you with a receipt for the Grocery Products in your Order at
time of delivery or collection (as applicable) which specifies the total
fees and charges for the Products in the Order and the out of stock items.
Where we have charged you for the Woolworths Products in your Order at the
time your Order was confirmed, the receipt will also include the dollar
value refunded to your card of purchase for any out of stock items or weight
ranged items supplied below the maximum weight.
3. For Everyday Market Orders, the relevant Everyday Market Partner will
provide you with an invoice. Invoices are downloadable from the 'My
Invoices' section of your Woolworths account.
2.6 FRAUD AND RISK ASSESSMENT
We have processes in place to assist in detecting transactions that may be
illegal or in breach of these terms. We may contact you by telephone or email to
confirm your payment and information details. If we are unable to confirm these
details, we may cancel your Order. If you are unsure whether the person
contacting you is from Woolworths, please contact our Customer Service Centre on
1800 000 610 during Contact Hours or email shoponline@woolworths.com.au .
2.7 DELIVERY UNLIMITED
1. A Delivery Unlimited subscription covers the delivery fees (excluding
delivery fees for “Delivery Now” for which only a discount applies) and bag
fees for Woolworths Orders of $50 or more for Woolworths Products, and
covers the standard shipping fee for Everyday Market Orders of $50 or more
for Everyday Market Products. Minimum spend excludes any shipping or
delivery fees, packing fees and bag fees, is inclusive of GST and is after
all discounts and coupons have been applied and smoking and tobacco
purchases, and any online charitable donations, are excluded from the
qualifying amount. Standard delivery fees apply for Woolworths Orders under
the minimum order value to activate Delivery Unlimited benefits for
Woolworths Orders. Standard shipping fees apply for (i) Everyday Market
Orders under the minimum order value to activate Delivery Unlimited benefits
for Everyday Market Orders; and (ii) Everyday Market Orders placed before
[insert date EM is activated for Delivery Unlimited]. For further
information and full terms and conditions applicable to Delivery Unlimited,
please visit
https://www.woolworths.com.au/shop/discover/shopping-online/delivery-unlimited-terms.
2. The following are the types of Delivery Unlimited subscriptions available:
1. The standard Delivery Unlimited subscription is valid for Orders Monday
through Sunday; and
2. The b2b Delivery Unlimited subscription for registered businesses; and
3. The seniors’ Delivery Unlimited subscription for customers over the age
of 60.
3. A Delivery Unlimited subscription will expire at the end of the current
billing period if the subscription is cancelled by the subscriber or if the
subscription payment fails after four retry attempts.
4. A Delivery Unlimited subscription is for the sole use of the account holder
and cannot be transferred or used for orders for another customer.
5. Woolworths Online reserves the right to monitor usage of a Delivery
Unlimited and to terminate a Delivery Unlimited subscription if it believes
a pass is being used in a way that breaches the terms and conditions of the
Delivery Unlimited subscription or the Woolworths Online Terms and
Conditions.
Delivery Unlimited is not applicable for Remote Delivery Orders and remote
delivery fees shall apply for Remote Delivery Orders.
3. WOOLWORTHS PRODUCTS
3.1 ACCEPTANCE OR REJECTION OF A WOOLWORTHS ORDER
1. We reserve the right to accept or reject your Grocery Order for any reason,
including if the requested Product is not available, if there is an error in
the price or the product description posted on the Site or an error in your
Woolworths Order.
2. Each Order placed for a Woolworths Product through the Site that we accept
results in a separate binding agreement between you and us for the supply of
that Product. For each Woolworths Order accepted by us, we will supply each
Product in that Order to you in accordance with these terms and conditions.
3. If we reject a Woolworths Order placed through the Site, then we will
endeavour to notify you of that rejection at the time you place that Order
or within a reasonable time after you submit that Order.
3.2 THE SALE OF RESTRICTED PRODUCTS - LIQUOR PRODUCTS
1. For Woolworths Orders containing liquor, we act as an agent on behalf of
Endeavour Group Limited (ABN 77 159 767 843) (Endeavour ).
2. If accepted, the sale of liquor pursuant to the agreement to sell from this
website is made at the Endeavour licensed premises, as set out in the Liquor
Licensing Acts page . Your contract of sale is with the relevant licensee at
the relevant premises from which your order is accepted and fulfilled.
Accordingly, your offer to purchase is subject to acceptance of your offer
by the holder of the liquor licence, certification and evidence of you being
over 18 years of age, the availability of stock and the liquor which is the
subject matter of your offer being ascertained and appropriated at the
abovementioned licensed premises.
3. Woolworths and Endeavour both support the responsible service of alcohol. It
is an offence to supply alcohol to a person under 18 years of age. It is
Endeavour’s policy to check ID upon delivery of anyone who appears under 25.
4. You:
1. acknowledge that it is against the law to sell or supply alcohol
products to, or obtain alcohol products on behalf of, a person under the
age of 18 years; and
2. warrant that you are not obtaining alcohol (including liquor Products)
on behalf of a person under the age of 18 years.
3.3 PRODUCT PURCHASE LIMITS
1. Unless otherwise indicated on the Site, you may only purchase up to 36 items
of a particular Woolworths Product in each Woolworths Order (there may be
lower limits for particular Woolworths Products or particular States or
Territories as determined by us, and notified to you, from time to time). We
will inform you of these limits on the Site when you place the Woolworths
Order or within a reasonable time after you submit your Woolworths Order).
2. You are not permitted to purchase any items for resale to a third party or
for trade purposes. If we have a concern with the quantity of item/s you
have ordered, then we may contact you when you place the Woolworths Order or
within a reasonable time after you submit that Order.
3. If you wish to place a Woolworths Order that differs from our ordering
requirements, then you will need to contact our Customer Service Centre on
1800 000 610 during Contact Hours. If we agree to an Order that differs from
our usual requirements, then you agree that the delivery time may be longer
than our usual delivery times for standard orders. In this regard, we
recommend that you allow at least 3 days between ordering and delivery or
such other time that we notify you of at the time we accept your Order.
4. If we reasonably believe you are placing multiple Orders, whether under the
same or different registration details, for the purposes of circumventing
the order limits, all such Orders may be cancelled by us without notice to
you.
3.4 DELIVERY OF WOOLWORTHS PRODUCTS
1. We will only deliver Woolworths Products ordered through the Site to a
location where we provide delivery services. You may receive multiple
deliveries for your Woolworths Order and these are described at the point of
checkout.
2. If you select to have your Woolworths Order delivered, you may select
whether to have that Order delivered:
1. in plastic bags, which are designed to be reused and may be recycled in
store or with your delivery driver at the time of your next delivery
order (noting that Woolworths may suspend this bag return service at any
time and at its discretion); or
2. in paper bags, which may be recycled in your curbside recycling program;
or
3. through our “crate to bench” service, where your order will be delivered
to you in a crate and unpacked by your driver at the Delivery Address.
If you select the “crate to bench” service you will not be able to
select the “leave unattended” option at the checkout as we cannot leave
the crate unattended. The option of a “Crate to Bench” service may be
suspended or terminated by Woolworths at any time and at its discretion.
3. You may obtain further information on the Site about our delivery timeframes
and how we deliver your Grocery Products. At the time you select your
Woolworths Products you will be given an option to select a timeframe for
delivery. Although we endeavour to deliver those Products within the
timeframe provided at the time of your Order these timeframes are indicative
only. Delivery times may be delayed due to traffic or other unforeseen
circumstances and Woolworths will not provide any refund or discount on your
Woolworths Order or Delivery Fee for late deliveries.
4. If you select the “leave unattended” option for your Woolworths Order, we
will endeavour to contact you at the Delivery Address or on your nominated
telephone number once we arrive at the Delivery Address. If we cannot
contact you, we will leave your order unattended at your nominated spot at
the Delivery Address or such other spot which we determine is suitable for
delivery at the time.
5. We may deliver your Woolworths Order using a “contactless delivery service”
and will deliver the Woolworths Products to the front door at the relevant
Delivery Address, take a photo of the Woolworths Products to confirm
delivery and knock on your door or otherwise attempt to notify you of your
delivery. You must be present at the Delivery Address to accept a
“contactless delivery” however you will not be required to provide a
signature upon delivery. You agree that we will not be responsible for any
loss or damage caused to your property or suffered by you in connection with
our delivery of Woolworths Products to the Delivery Address. We ship small
items (eg. gift cards) in your Woolworths Order via standard Australia Post
letter delivery.
6. You agree to comply with certain delivery requirements specified below and
such other requirements that we notify to you when you place your Woolworths
Order through the Site.
7. If your Woolworths Order contains a Restricted Product, then you must be
present to accept the delivery of that Woolworths Order and, at our request,
provide us with photographic identification.
8. We will require the person accepting the delivery of your Woolworths Order
to provide us with proof of that person’s identity (including photographic
identification) and, where relevant, age. If the Woolworths Order has been
paid by credit card, then we may also ask you to show us the credit card for
us to conduct our verification checks.
9. If there is no one or no appropriate person (for example, above 18 years old
for Restricted Products) at the Delivery Address to receive the Woolworths
Order, or you select the “crate to bench” service and are not present at the
time of delivery, or otherwise required to be present at the time of
delivery and you are not present at that time, or if we cannot access the
Delivery Address, or if we cannot access your nominated spot or determine a
suitable spot to deliver your Woolworths Order (for unattended deliveries),
then:
1. we will not deliver the Woolworths Products you have ordered; and
2. we may charge you a fee of up to $25 and the charges for any perishable
Products in your Woolworths Order that we have accepted.
In this instance, we will endeavour to contact you or you may contact us to
arrange for delivery at a different time, and we may charge you an additional
Delivery Fee for that replacement delivery.
1. You:
1. acknowledge and agree that any person at the Delivery Address who
receives the Woolworths Order is authorised by you to receive your
Woolworths Order and, where relevant, make payment for that Woolworths
Order;
2. will ensure that the person receiving any tobacco, liquor or other
relevant Restricted Products is over the age of 18 years or such other
minimum age as prescribed by law; and
3. will ensure that Restricted Products are not delivered to unattended
locations.
2. You acknowledge that we may record the details of any identification
provided in relation to delivery of Grocery Products.
3.5 DELIVERY NOW WOOLWORTHS ORDERS
If you wish to order Woolworths Products using our Delivery Now service, you
agree to comply with the following additional conditions:
1. Delivery Now is only available to selected delivery areas as shown on the
Site for Woolworths Products.
2. You can order and we can deliver a maximum of 40 Grocery Products (excluding
Bulk Orders and selected items) or such other maximum number of Woolworths
Products as notified on the Site from time to time through our Delivery Now
service. The range of Woolworths Products that you can order and we can
deliver using our Delivery Now Service will also be notified on the Site
from time to time. Delivery Saver passes cannot be used for Delivery Now
Orders.
3. Subject to clauses 1.6(d) and 1.6(e), our total liability to you in respect
of all other losses arising under or in connection with the Delivery Now
Services, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, shall in no circumstances exceed the Delivery
Now Fee paid by you in respect of your Order.
3.6 WOOLWORTHS PICK UP SERVICE
1. During the ordering process, you can select a store from which you will
collect your Woolworths Order (Pick Up Service ). An estimated collection
date will be displayed at the time your order is placed.
2. Our Pick Up Service is only available from selected stores as shown on the
Site.
3. If you select to use our Pick Up Service, you must select whether your
Woolworths Order is to be made available at the store:
1. in bags, which may be recycled in the bins provided in store or with
your delivery driver at the time of your next delivery order; or
2. where available for your selected store, through our free “BYO bags”
service.
4. The “BYO bags” service is only available for selected stores. If you select
the “BYO bags” service, your Woolworths Order will be made available at
your selected store in a trolley. In order to collect that Order, you agree
to bring your own bags and re-pack your Grocery Order from the trolley into
your bags at the store. For food safety reasons, you may find that some of
the Products in that Woolworths Order have been made available for
collection in produce bags or reusable bags.
5. You agree to comply with the following collection requirements specified in
this clause and such other requirements that we notify to you when you
place your Pick Up Service Order through the Site:
1. 1. you must collect your order from the store selected by you when you
place your order;
2. while our staff will be available to assist where possible, if you
select to have your Woolworths Order made available through our “BYO
bags” service, you are responsible for unpacking your Woolworths
Order from the trolley provided into your own bags;
3. if you are collecting your Woolworths Order from a store:
1. photographic identification and a signature must be provided when
you collect your Grocery Order; and
2. the card used for payment is required to be shown when you
collect your Woolworths Order.
4. if you are collecting your Woolworths Order from a locker:
1. you will be provided with a collection code to retrieve your
order from the locker; and
2. you will be under video surveillance when collecting your
Woolworths Order from the locker.
6. If you will not be the person collecting your Grocery Order then your
representative must provide us with proof of their identity (including
photographic identification), the card used for payment or the order
number, and, where relevant, their age.
7. If you do not supply the appropriate identification or the relevant card of
purchase:
1. we will not allow collection of your Woolworths Order; and
2. we may charge you a fee of up to $25 and the charges for any perishable
Products in your Woolworths Order that we have accepted.
8. If you do not collect your Woolworths Order within the booked collection
window then we may charge you a fee of up to $25 and the charges for any
perishable Products in your Woolworths Order that we have accepted. In this
instance, we will endeavour to contact you or you may contact us to arrange
for collection at a different time, and we may charge you an additional fee
for that replacement Woolworths Order.
9. You agree to ensure that the person collecting any tobacco, liquor or other
relevant Restricted Products is over the age of 18 years or such other
minimum age as prescribed by law. We will not allow collection of a
Woolworths Order of:
1. alcohol or liquor Products to a person who is intoxicated or not of the
appropriate legal age; and
2. tobacco Products (including cigarettes) or other Restricted Product to
a person that is not of the appropriate legal age.
10. You acknowledge that we may record the details of any identification
provided in relation to collection of Woolworths Products.
11. If you select to use our Pick Up Service, the licensee at the relevant
premises from which your order is accepted and fulfilled will deliver your
Grocery Products to be available with your order at the nominated store.
12. You acknowledge that we may record video surveillance of you or your
representative picking up your Woolworths Order from a locker.
13. If you select to use our Pick Up Service, the licensee at the relevant
premises from which your order is accepted and fulfilled will deliver your
products to be available with your Woolworths Order at the nominated store.
14. If you experience any issues with picking up your Woolworths Order from a
locker, please see our staff in the store that the locker is nearby.
3.7 BULK WOOLWORTHS ORDERS
1. If we classify a Woolworths Order as a Bulk Order, your Woolworths Order may
attract a handling charge depending on the size of your Order. Examples of
orders that we classify as “Bulk Orders” are as follows:
1. an Order for Woolworths Products over normal retail quantities;
2. Orders that total over 250kg will be subject to a bulk delivery fee, as
they require special handling and transport allocation; and
3. multiple Orders placed during any 7 day period that combined volume
meets or exceeds the bulk order criteria.
2. If your Woolworths Order is a Bulk Order, we will contact you as soon as
possible after the placement of your Order to advise you of the exact
handling charge payable in respect of your Order.
3. If you are unsure whether your Woolworths Order is a Bulk Order and would
like to find out the exact handling charge payable in respect of your Order
before you place your Order, please contact our Customer Service Centre on
1800 000 610 during Contact Hours or email shoponline@woolworths.com.au.
4. We value your Woolworths Orders. To enable us to service you better, we
request that you contact our Customer Service Centre on 1800 000 610 during
Contact Hours, at least 7 days prior to the placement of any Bulk Orders to
allow us to ensure that the appropriate stock is ordered and available for
your requirements.
5. Subject to clauses 3.8(a) to 3.8(d), King Island Grocery Orders will incur a
flat Delivery fee of $15 and are subject to available delivery windows and
areas on King Island.
3.8 REMOTE DELIVERY WOOLWORTHS ORDERS
1. If you select to have your Woolworths Order delivered to an address in any
of the following postcodes your order will be classified as a remote
delivery order:
1. 2624
2. 2625
3. 2836
4. 2880
5. 6642
6. 6701
7. 6728
8. 6536
9. 6516
10. 6511
11. 6514
12. 6532
13. 6537
14. 6630
15. 880
16. 822
17. 852
18. 854
19. 885
1. Any other postcode as we determine from time to time,
(each a Remote Delivery Order ).
1. If your Woolworths Order is a Remote Delivery Order we will not be able to
deliver your Order to your selected address and you will need to nominate a
courier or other transport provider to deliver your order to your location.
2. We may provide details of couriers or transport providers previously
nominated by customers in your location when you select your address online.
However, it is your responsibility, in accordance with clause 3.9(h), to
ensure that the courier or transport provider you select is appropriate for
your Remote Delivery Order. If you do not wish to use the suggested
provider, or no suggestion is made, you will need to call us on 1800 000 610
to nominate your preferred provider.
3. When you place a Remote Delivery Order, you are responsible for contacting
the nominated provider directly and as soon as possible to book your
delivery and confirm the costs you will need to pay the provider directly
for the service.
4. If you fail to book a provider, your Woolworths Order will be either
delivered to the provider's address and Woolworths will not be responsible
for the Woolworths Order once delivered, or returned to our store and
additional delivery charges may apply for any re-delivery of your Woolworths
Order. We will contact you in either of these circumstances.
5. Any courier or transport provider nominated by the customer to deliver a
Remote Delivery Order is engaged solely by you at your own cost and risk and
are not to be taken to be contractors or agents of Woolworths.
6. Once your Remote Delivery Order has been delivered to the premises of your
nominated courier or transport provider Woolworths are no longer liable for
any loss or damage to your Woolworths Order and you become fully responsible
for your Woolworths Order.
7. Woolworths will ensure that your Woolworths Order is delivered to the
premises of your nominated courier or transport provider in a manner that
minimises any food safety risk including, for example, by freezing certain
perishable items. We recommend that you ensure that your nominated provider
provides adequate transportation facilities with appropriate storage
temperatures to safely deliver your specific Woolworths Order to your
location. Woolworths will not provide, or be responsible for providing any
refrigeration or other transport facilities or packaging required to
transport your specific Woolworths Order to your location.
3.9 RISK AND TITLE
Where Woolworths Products are delivered by us:
1. risk in the Products passes to you on the date and time of delivery to the
Delivery Address (including unattended deliveries at the Delivery Address);
2. for Woolworths Orders with Pick Up Service, risk in the Products passes to
you on the date and time of collection from a Woolworths store or Direct to
boot Location; and
3. title to the Products passes to you on the later of the date and time of:
1. payment for those Products;
2. delivery of those Products to the Delivery Address (including unattended
deliveries at the Delivery Address); and
3. for Woolworths Orders with Pick Up Service only, collection of those
Products from a Woolworths store or Drive Thru Location.
3.10 CANCELLATION OF WOOLWORTHS ORDERS
1. We may cancel any Woolworths Order or part of a Grocery Order (including any
Woolworths Orders that have been accepted) without any liability to you for
that cancellation at any time if:
1. the requested Products in that Woolworths Order are not available; or
2. there is an error in the price or the product description posted on the
Site in relation to the relevant Product in that Order; or
3. that Woolworths Order has been placed in breach of these terms and
conditions.
2. If a Woolworths Order is cancelled in accordance with:
1. clause 3.11(a)(i) or 3.11(a)(ii) (where product is unavailable or there
is a pricing or product description error): we will provide you with
reasonable notice of that cancellation, and will not charge you for the
cancelled Woolworths Order. If any payment has been taken for the
cancelled Grocery Order, then the full payment amount, including any
Delivery Fee, Bag Fee, Crate Service Fee or other fees and charges, will
be refunded to your original payment method or through an alternative
means.
2. if your Woolworths Order is cancelled under clause 3.11(a)(iii), or
where you are in breach of these terms and conditions, we will provide
you with reasonable notice of that cancellation. If your Woolworths
Order is cancelled before the day of delivery or collection, depending
on the payment method used, we will either not charge you, or if we have
taken payment for the Woolworths Order at the checkout then we will
refund the full amount paid, including any Delivery Fee, Bag Fee, Crate
Service Fee, and other fees and charges, to your original payment method
or through an alternative means. If your Woolworths Order is cancelled
on the day of delivery or collection, provided we are not also in breach
of these terms and conditions, then we may charge you a cancellation fee
of the lesser of $20 or the value of the payments made and will refund
you any excess amount to your original payment method or through an
alternative means.
3. Except for Delivery Now Orders, you may cancel a Grocery Order (whether it
is accepted by us or not):
1. through the Site up to 30 mins before the delivery or collection window
closes (as specified on the Site). If so, no fees or charges will apply
to that cancellation; or
2. in all other circumstances, by contacting our Customer Service Centre on
1800 000 610 during Contact Hours. In this instance, if you cancel an
Order that has been accepted by us:
1. before the day of delivery or collection, then no fees or charges will
apply to that cancellation; and
2. on the day of delivery or collection, then we may charge you a
cancellation fee of the lesser of $20.00 or the costs to Woolworths
arising from the cancellation plus the charges for any perishable
Products that were ordered.
4. Due to the fast nature of Delivery Now Orders, you cannot cancel a Delivery
Now Order (whether it is accepted by us or not) at any time after placing
the order and we will not be able to refund any payment.
5. Subject to clauses 3.11(a) - 3.11(d), if you cancel a Woolworths Order,
depending on the payment method used, we will either not charge you for that
Woolworths Order, or if we have taken payment at checkout, refund the full
payment amount paid, including any Delivery Fee, Bag Fee, Crate Service Fee,
and other fees and charges other than any fee payable under clause
3.11(c)(ii)B, to your original payment method or through an alternative
means.
6. If you cancel a Woolworths Order, any Everyday Market Orders made in the
same Order will not be affected by the cancellation.
3.11 AMENDING YOUR WOOLWORTHS ORDER
1. You can amend your Woolworths Order at any time prior to:
1. 5.30pm the day prior for a Woolworths Order due for delivery in the
morning on the next day; and
2. 10.30pm the day prior for a Woolworths Order due for delivery in the
afternoon or evening on the next day.
2. If you amend an existing Woolworths Order, then:
1. your original Woolworths Order and reserved delivery window will be
cancelled and items will be placed into your trolley for amending and
resubmitting through the checkout;
2. you will need to select a new delivery pick up date and time in respect
of your amended Woolworths Order;
3. all prices for Products in your amended Woolworths Order will update to
the current website prices at the time you submit your amended
Woolworths Order and previous pricing in your original Woolworths Order
will not apply;
4. any offers or coupons applied or used when you placed your original
Woolworths Order will not be applied to your amended Woolworths Order
and cannot be used for future Orders;
5. any Everyday Market Orders made in the same Order will not be affected;
6. subject to below clause 3.12(b)(ix), if we only pre-authorised payment
for your original Woolworths Order at checkout and the amount payable
for your amended Woolworths Order is more than the amount
pre-authorised, your original pre-authorisation will remain and we will
either charge you the additional amount or separately pre-authorise the
additional amount owing at the time of your amended Woolworths Order
depending on the payment method used for the amended Woolworths Order;
7. if you were charged for your Woolworths Order at the checkout and the
amount payable in respect of your amended Woolworths Order is less that
the amount you have paid in respect of your original Woolworths Order,
we will refund the difference back to your original payment method or
alternative means within 3-5 Business days of the amended Woolworths
Order being placed;
8. if you were charged for your Woolworths Order at the checkout and the
amount payable in respect of your amended Woolworths Order is more than
the amount paid in respect of your original Woolworths Order, we will
either pre-authorise payment or charge you the additional amount at the
time you amend your Woolworths Order, depending on the payment method
used; and
9. if you amend your Woolworths Order so that delivery is scheduled to
occur 7 days after the date of your original Order and we only
pre-authorised payment for your original Woolworths Order, we may ask to
take payment for your amended Woolworths Order at the time you confirm
your amended Woolworths Order and will provide you with a refund for any
out of stock items or weight ranged products supplied below the maximum
weight once we pick your amended Woolworths Order.
3.12 SUBSTITUTION OF WOOLWORTHS PRODUCTS
1. You acknowledge that a Woolworths Product that you order may be out of stock
or temporarily unavailable. If this happens, then we may not be able to
provide you with that Product.
2. If we are unable to provide you with a Product, for Woolworths Orders, we
will endeavour to automatically provide you with a substitute Woolworths
Product:
1. when the Woolworths Product you have selected is not available; or
2. if we are not able to supply to you the Woolworths Product that you have
selected.
We aim to select substitute Woolworths Products that are of similar value and
quality, but we reserve the right not to provide you with a substitute
Woolworths Product even if a suitable substitute Woolworths Product is
available. We may not provide a substitute option for some Woolworths Products
(e.g. tobacco, cigarettes and baby formula).
> 1. For Woolworths Orders, we will endeavour to provide you with a substitute
> Woolworths Product where the price for that substitute Product is of equal
> or greater value than the Product you selected. If so, then we will charge
> you the price of the Woolworths Product you ordered rather than the price
> of the substitute Woolworths Product.
>
> 2. Where a Woolworths Product that you have selected is substituted with
> another Woolworths Product, we cannot ensure that that substitute
> Woolworths Product caters to your specific dietary requirements, including
> allergies. Please read the labels of each Woolworths Product (and any
> substitute Woolworths Product provided to you) for dietary and allergy
> information.
3.13 UNAVAILABLE OR MISSING ITEMS
1. For Woolworths Orders paid for using some payment methods (including debit
and credit cards) we may pre-authorise the amount payable for your Order and
only charge you the full amount adjusted to account for any out of stock
items or weight ranged products supplied below the maximum weight at the
time we pick your Order. For other payment methods we may not be able to do
this, and may charge you the full amount at the checkout and refund you for
any out of stock items or weight ranged products supplied below the maximum
weight at the time we pick your Order. If you select a delivery time that is
7 days or more from the date you checkout, we will charge you for your Order
at the checkout irrespective of the payment method used.
2. If there are any Woolworths Products missing from your delivery or
collection, then you should check the receipt that we provided to you to
determine if the missing Woolworths Product is marked as out of stock. If
so, then we will provide you with a refund to your card of purchase or
coupon for the Woolworths Products that were not supplied.
3. In all other circumstances, you may contact our Customer Service Centre on
1800 000 610 during Contact Hours within 24 hours after the delivery or
collection time and we will take steps to verify and confirm any such
missing items. Once we are reasonably satisfied that the item was not
delivered to you, we will provide you with a credit to your relevant card
account within 3-5 business days for the Woolworths Products that were
charged but not delivered to you.
3.14 RETURNS
1. The Woolworths Supermarkets Returns Policy applies to all purchases of
Woolworths Products using the Site and forms part of these terms and
conditions.
2. If you wish to return Woolworths Product in accordance with our Woolworths
Supermarkets Returns Policy, then you may:
1. return the Woolworths Product to one of our supermarkets; or
2. contact our Customer Service Centre on 1800 000 610 during Contact Hours
to make arrangements to return that Product. In this instance, you may
return the Product to us at the time we deliver your next Grocery Order.
Upon confirmation from the driver that the goods have been received we
will refund your card of purchase with the funds being available within
3-5 business days.
3. The Woolworths Supermarkets Returns Policy applies in addition to any other
rights to which you may be entitled under the consumer guarantees provisions
of the Australian Consumer Law. Our liability to you under this agreement is
otherwise limited as set out in clause 5.1.
3.15 FRESH OR FREE GUARANTEE
1. In addition to your other rights and remedies at law and our standard
refund/exchange policy, Woolworths also offers you a “Fresh or free
guarantee” on fresh food items in Woolworths Orders. If you are not
satisfied with one of your fresh food items in a Woolworths Order, notify
Customer Service Centre on 1800 000 610 during Contact Hours or email
shoponline@woolworths.com.au . You will receive a refund on those Woolworths
Products back to your credit card and a coupon code to the same value for
use on your next Woolworths Online order. Alternatively, you can take the
Woolworths Products back to a Woolworths store with your online invoice and
the store will refund the item and replace it for you. Woolworths will not
refund any Delivery Fees, Bag Fees or Crate Service Fees (if applicable).
2. The above Fresh or Free guarantee applies to fresh food items in a
Woolworths Order purchased right across the store and online.
4. EVERYDAY MARKET PRODUCTS
4.1 ORDERING EVERYDAY MARKET PRODUCTS
1. Everyday Market Products are sold by Everyday Market Partners who we allow
to list and sell their products on the Site. The relevant Everyday Market
Partner's details are displayed to you on the Site before purchase of an
Everyday Market Product.
2. Each Everyday Market Order that is accepted by an Everyday Market Partner,
results in a separate binding agreement between you and the Everyday Market
Partner for the supply of that Everyday Market Product. We are not a party
to that agreement nor do we assume any responsibility arising out of or in
connection with it.
3. The Everyday Market Partner, not us, is responsible for:
1. the quality and pricing of Everyday Market Products;
2. the sale of each of their Everyday Market Products;
3. the delivery of each of their Everyday Market Products, which includes
selecting and arranging a delivery service provider;
4. the Site information displayed on the relevant product detail page; and
5. for providing remedies to you in respect of any claims and any other
issue arising out of or in connection with the agreement between you and
the Everyday Market Partner.
4. You acknowledge that there is no requirement on us or Everyday Market
Partners to match any prices for any Everyday Market Products available
through other sales channels.
4.2 ACCEPTANCE OR REJECTION OF AN EVERYDAY MARKET ORDER
1. An Everyday Market Partner may accept or reject your Everyday Market Order
for any reason, including if the requested Product is not available, if
there is an error in the price or the product description posted on the Site
or an error in your Everyday Market Order.
2. If an Everyday Market Order placed through the Site is rejected, then we
will endeavour to notify you within a reasonable time after you submit that
Order.
4.3 GENERAL CONDITIONS OF DELIVERY
1. Everyday Market Products will only be delivered to a location where the
relevant Everyday Market Partner provides delivery services. It is the
responsibility of the relevant Everyday Market Partner, not us, to deliver
Everyday Market Orders to you.
2. You cannot pick up your Everyday Market Order in store from us or from an
Everyday Market Partner's store.
3. Your Everyday Market Order will be shipped and packaged separately from your
Groceries Order.
4. You may receive multiple deliveries for your Everyday Market Order.
5. As Everyday Market Orders are shipped by the relevant Everyday Market
Partner, you may not include specific delivery instructions such as leaving
your Order unattended upon delivery, contactless delivery, or other special
delivery options usually available for Woolworths Orders (such as delivery
in plastic or paper bags, or our "crate to bench" service).
4.4 DELIVERY COST AND TIMEFRAMES
1. Estimated timeframes for dispatch of Everyday Market Products after an
Everyday Market Order has been placed are available on the relevant product
detail page. These timeframes are an estimate only, may not reflect actual
time for dispatch and may vary during periods of high sales volumes.
2. We will endeavour to provide you with a link to track your delivery after
you place an Everyday Market Order and it has been dispatched by the
relevant Everyday Market Partner.
3. You will not receive a refund or discount from us or an Everyday Market
Partner if your Everyday Market Order delivery is delayed.
4. You will be charged the Everyday Market Shipping Fee which is a flat rate of
$10 for each Everyday Market Order that is less than $50 (including GST, but
excluding the value of any Woolworths Order and any shipping, delivery of
service fee) placed through the Site, even if your Everyday Market Order
includes Products from multiple Everyday Market Partners. We reserve the
right to amend, at any time, the Everyday Market Shipping Fee amount, or any
minimum spend to not pay an Everyday Market Shipping Fee for an Order.
5. Additional shipping charges and conditions may apply, which will be notified
to you by us or the Everyday Market Partner, if your Everyday Market Order:
1. contains bulky or heavy items;
2. requires special handing; or
3. requires any other non-standard delivery arrangements.
4.5 RECEIVING YOUR DELIVERY
1. You agree to comply with any delivery requirements notified to you when you
place your Everyday Market Order through the Site.
2. If your Everyday Market Order contains a Restricted Product, you may be
required by the Everyday Market Partner to be present to accept the delivery
of that Everyday Market Order and, at the delivery service provider's
request, provide photographic identification.
3. You:
1. acknowledge and agree that any person at the Delivery Address who
receives the Everyday Market Order is authorised by you to receive your
Everyday Market Order and, where relevant, make payment for that
Everyday Market Order;
2. will ensure that the person receiving any Restricted Products is over
the age of 18 years or such other minimum age as prescribed by law; and
3. will ensure that Restricted Products are not delivered to unattended
locations.
4. An Everyday Market Partner may not deliver the Everyday Market Products in
your Order, and you may be charged an additional Shipping Fee for any
replacement delivery, if any of the following apply:
1. there is no one or no appropriate person (for example, above 18 years
old for Restricted Products) present at the Delivery Address to receive
an Everyday Market Order who is required to be present;
2. the delivery service provider cannot access the Delivery Address; or
3. the delivery service provider cannot access your nominated delivery spot
or determine a suitable spot to deliver your Everyday Market Order.
5. We are not responsible for any loss or damage caused to your property or
suffered by you in connection with our delivery of Everyday Market Products
to the Delivery Address.
4.6 RISK AND TITLE
1. We do not assume risk nor title in any Everyday Market Products.
2. Risk in an Everyday Market Product passes from the Everyday Market Partner
to you on the date and time of delivery to the Delivery Address (including
unattended deliveries at the Delivery Address).
3. Title to an Everyday Market Product passes from the Everyday Market Partner
to you on the later of the date and time of:
1. payment for those Everyday Market Products; and
2. delivery of those Everyday Market Products to the Delivery Address
(including unattended deliveries at the Delivery Address).
4.7 AMENDMENT AND CANCELLATION OF EVERYDAY MARKET ORDERS
1. You cannot amend or cancel your Everyday Market Order after your Everyday
Market Order has been placed through the Site.
2. Your Everyday Market Order may be cancelled by us or an Everyday Market
Partner in whole or part (including any Orders that have been accepted)
without any liability to you for that cancellation at any time if:
1. a requested Everyday Market Product in that Order is not available; or
2. there is an error in the price or the product description posted on the
Site in relation to the relevant Product in that Order; or
3. that Order has been placed in breach of these terms and conditions.
3. If your Everyday Market Order is cancelled in accordance with:
1. clause 4.7(b)(i) or 4.7(b)(ii) (where product is unavailable or there is
a pricing or product description error): we or the Everyday Market
Partner will provide you with reasonable notice of that cancellation,
and will not charge you for the cancelled Order. If any payment has been
taken for the cancelled Order, then the full payment amount, including
any Delivery Fee or other fees and charges, will be refunded to your
original payment method or through an alternative means.
2. clause 4.7(b)(iii), or where you are in breach of these terms and
conditions, we or the Everyday Market Partner will provide you with
reasonable notice of that cancellation. You may be charged a
cancellation fee of the lesser of $20 or the value of the payments made
and you will be refunded any excess amount to your original payment
method or through an alternative means.
4. If your Everyday Market Order is cancelled by us or an Everyday Market
Partner, any Woolworths Orders made in the same Order will not be affected
by the cancellation.
4.8 UNAVAILABLE OR MISSING ITEMS
1. You acknowledge that an Everyday Market Product that you order may be out of
stock or temporarily unavailable. If this happens, then the Everyday Market
Partner will not be able to provide you with that Product.
2. If an Everyday Market Product is out of stock or temporarily unavailable, or
if your Everyday Market Order cannot be fulfilled for any other reason, the
Everyday Market Order will be cancelled and you will be provided with a
refund. Substitute products will not be provided for Everyday Market Orders.
3. If you experience any issues with your Everyday Market Order or an Everyday
Market Product (such as missing items), you may contact our Customer Service
Centre on 1800 000 610 during Contact Hours within 24 hours after the
delivery time and we will endeavour to work with the Everyday Market Partner
to resolve the issue (for example, for missing items, we will work with the
Everyday Market Partner to verify and confirm any such missing items and
provide you with a refund if necessary).
4.9 RETURNS AND REFUNDS
1. The Everyday Market from Woolworths Returns Policy applies to all purchases
of Everyday Market Products using the Site and forms part of these terms and
conditions. The Everyday Market Returns Policy applies in addition to any
other rights to which you may be entitled under the consumer guarantees
provisions of the Australian Consumer Law. Our liability to you under this
agreement is otherwise limited as set out in clause 5.1.
2. If you are entitled to a refund in accordance with these terms and
conditions, we will process the refund on behalf of the Everyday Market
Partner. However, the Everyday Market Partner retains all responsibility for
providing you with a refund.
4.10 THE SALE OF RESTRICTED PRODUCTS - LIQUOR PRODUCTS
1. For Everyday Market Products containing liquor, we act as an agent on behalf
of the relevant Everyday Market Partner selling the Everyday Market Product.
Liquor licensing details for an Everyday Market Partner are displayed on the
relevant Everyday Market Product’s product details page.
2. If accepted, the sale of liquor pursuant to the agreement to sell from this
website is made at the Everyday Market Partner’s licensed premises. Your
contract of sale is with the relevant licensee at the relevant premises from
which your order is accepted and fulfilled. Accordingly, your offer to
purchase is subject to acceptance of your offer by the holder of the liquor
licence, certification and evidence of you being over 18 years of age, the
availability of stock and the liquor which is the subject matter of your
offer being ascertained and appropriated at the abovementioned licensed
premises.
3. Everyday Market from Woolworths and any Everyday Market Partners selling
Everyday Market Products containing liquor both support the responsible
service of alcohol. It is an offence to supply alcohol to a person under 18
years of age.
4. You:
1. acknowledge that it is against the law to sell or supply alcohol
products to, or obtain alcohol products on behalf of, a person under the
age of 18 years; and
2. warrant that you are not obtaining alcohol (including liquor Products)
on behalf of a person under the age of 18 years.
4.11 GIFT MESSAGE DATA
1. You are wholly responsible for any data you include in a gift message to be
applied to an Everyday Market Order (Gift Message Data). It is illegal to
reproduce or distribute copyrighted material without the permission of the
copyright owner or to use trademarks without the permission of the trademark
owner. You are responsible for ensuring that no Gift Message Data you
transmit to the Site violates any copyright or trademark right, and that it
complies with these terms and conditions. Before transmitting Gift Message
Data to this Site, you should ensure that such Gift Message Data is not
subject to copyright protection, or that you have the consent of the
copyright or trademark owner to use the material. By uploading Gift Message
Data to this Site and/or by submitting Gift Message Data for integration
into any Everyday Market Order:
1. you grant us and the relevant Everyday Market Partner a limited, royalty
free and non-exclusive licence to use, adapt, transmit, transfer, store,
copy and display the Gift Message Data solely in connection with
providing products and/or services to you; and
2. you represent and warrant to us and the Everyday Market Partner that the
Gift Message Data is in the public domain; or that you have all right,
title and interest in and to all copyrights in the Gift Message Data, or
that you have the express permission to copy and use such Gift Message
Data for all purposes related to the products you order through this
Site. You further represent that the Gift Message Data does not violate
or infringe upon the proprietary rights (including privacy, moral or
publicity rights) of others.
2. You may not upload to this Site any Gift Message Data that:
1. infringes any copyright, trademark, right of privacy, right of publicity,
or any other right of a third party; or
2. is unlawful, threatening, abusive, libellous, defamatory, obscene,
pornographic, profane or offensive to the community or to any reasonable
segment thereof.
3. The content of the Gift Message Data you submit is governed by applicable
laws (including laws which prohibit infringement of copyrights and
trademarks and obscenity). We, and the relevant Everyday Market Partner,
have no obligation to monitor the Gift Message Data. However, we, and the
Everyday Market Partner, reserve the right at all times to review the Gift
Message Data or to disclose the Gift Message Data as necessary to satisfy
any laws, regulations or government requests and to report any potential
violations of law to law enforcement authorities, and to remove the Gift
Message Data from being included in an Everyday Market Order, that are, in
our or the Everyday Market Partner’s (as applicable) sole judgement and
discretion, objectionable or in violation of these terms and conditions. We,
and the Everyday Market Partner, shall not be obliged to justify any
decision when removing any Gift Message Data from being included in an
Everyday Market Order.
5. GENERAL
5.1 LIABILITY
1. Our goods and services come with guarantees that cannot be excluded under
the Australian Consumer Law. For major failures with the service, you are
entitled:
1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced
value.
2. 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.
3. Everyday Market Partners, not us, are responsible for providing you with
remedies under the Australian Consumer Law for major and non-major failures
in respect of Everyday Market Products.
4. Without excluding, restricting or modifying the rights and remedies to which
you may be entitled under these consumer guarantees provisions of the
Australian Consumer Law or Woolworth's liabilities under those provisions:
1. you acknowledge that each Site is provided "as is" and that we do not
make any warranty or representation as to the suitability of the Site or
a Product for any purpose;
2. we exclude all other implied terms and warranties, whether statutory or
otherwise, relating to the Site or the subject matter of this agreement;
and
3. we will not be liable to you for indirect and consequential loss arising
from or connected to this agreement in contract, tort, under any statute
or otherwise (including, without limitation, for loss of revenue, loss
of profits, failure to realise expected profits or savings, loss or
corruption of data and any other commercial or economic loss of any
kind) unless such loss arises as a result of our own negligence or
wilful misconduct.
5. Our liability to you for loss or damage of any kind arising out of this
agreement or in connection with the relationship established by it is
reduced to the extent (if any) that you cause or contribute to the loss or
damage. This reduction applies whether our liability is in contract, tort
(including negligence), under any statute or otherwise.
5.2 INTELLECTUAL PROPERTY RIGHTS
1. You:
1. acknowledge that the copyright in the Site, the software, design, text
and graphics comprised in the Site, the selection and layout of the Site
and the content and materials on the Site (together, the Materials ),
are owned by or licensed to us;
2. acknowledge that the listing content and materials that appear on the
Site in relation to Everyday Market Products are owned by the Everyday
Market Partner and licensed to us;
3. must not modify, copy, adapt, store in a retrieval system, reproduce,
upload, post, transmit, sell, distribute in any way or communicate to
the public a Material without our prior written consent; and
4. must not frame or embed in another website any of the material appearing
on this Site without our prior written consent.
2. You may:
1. store a reproduction of the content on this Site on your local computer
for the sole purpose of viewing the content and Materials; and
2. print hard copies of the content and Materials for the sole purpose of
viewing and purchasing Products but not for any other use, including
commercial use.
3. This Site contains registered trade marks and other trade marks which are
protected by law. You must not use any of the marks or trade marks appearing
on the Site or our name or the names of our related bodies corporate without
our prior written consent. You must not use any of the other company,
product and services marks on the Site that are owned by other third parties
(including Everyday Market Partners or our suppliers) without obtaining the
relevant third party owner’s consent.
5.3 CHANGES TO THESE TERMS AND CONDITIONS
1. We may change these terms and conditions at any time, and such modifications
will be effective as soon as they are posted. For future orders, these terms
may therefore be different. We recommend that you read these terms carefully
each time you agree to them during the ordering process.
2. If you have a Woolworths Order that has been accepted by us or an Everyday
Market Order that has been accepted by an Everyday Market Partner, the terms
and conditions that will apply to the relevant Order are the terms and
conditions that are applied at the time you placed your Order.
5.4 SEVERABILITY
If the whole or any part of a provision of this agreement is void, unenforceable
or illegal in a jurisdiction it is severed for that jurisdiction. The remainder
of this agreement has full force and effect and the validity or enforceability
of that provision in any other jurisdiction is not affected. This clause has no
effect if the severance alters the basic nature of this agreement or is contrary
to public policy.
5.5 JURISDICTION
This agreement is governed by the laws of New South Wales, Australia. Each party
submits to the non-exclusive jurisdiction of the courts of that place. Any
rights or remedies to which you are entitled under the Australian Consumer Law
arise independently of these terms and conditions and this clause does not apply
to any claim you may have under the Australian Consumer Law.
5.6 PRIVACY AND COMMERCIAL ELECTRONIC MESSAGES
1. Our Privacy Policy is available here and forms part of these terms and
conditions. You acknowledge that you have read our Privacy Policy,
Collection Notice, and Cookies Statement, and understand that they govern
your use of the Site and the Site’s related services, including purchasing
goods and services from us or our Everyday Market Partners using the Site.
2. You agree that we and our Everyday Market Partners (via us) may send you
commercial electronic messages and tailored advertising (which include
marketing communications advertising goods and services) via various
channels and media (including by email, SMS, and phone) where you have not
opted out (as described below) from receiving such electronic messages sent
to you by Woolworths Online and Everyday Market from Woolworths via those
channels or media. Your agreement to receive commercial electronic messages
from Woolworths Online and Everyday Market from Woolworths will be effective
until you opt out.
3. You may opt out of the receipt of commercial electronic messages sent by
Woolworths Online and Everyday Market from Woolworths by using the
unsubscribe facility in the footer of any commercial electronic message.
This will also opt you out of receiving customer surveys, requests for
feedback and market research (Customer Feedback Messages). If you wish to
only opt out of Customer Feedback Messages, you may opt out by using the
unsubscribe facility in the footer of any Customer Feedback Message (this
won’t opt you out of other commercial electronic messages sent by Woolworths
Online or Everyday Market from Woolworths). If you opt out receiving
commercial electronic messages sent by Woolworths Online and Everyday Market
from Woolworths, you will still receive information we are required by law
to provide to you or factual information directly about your account,
including changes to these terms and conditions and/or our collection
notice, privacy policy, account transactions or other information relating
to products you have purchased.
4. Opting out of receiving commercial electronic messages from Woolworths
Online or Everyday Market from Woolworths will not withdraw your consent to
receive messages from other Woolworths brands or Everyday Market Partners
you have signed up to independently of your Woolworths Online account. If
you would like to opt out of receiving commercial electronic messages from
other Woolworths brands or Everyday Market Partners, please follow the opt
out facilities in their communications or other opt out options set out in
their terms and conditions.
5.7 TERMS AND CONDITIONS OF WOOLWORTHS APP
By using the Woolworths Application (App ), you agree to be bound by these
Woolworths Online and Everyday Market Terms and Conditions. Using the App also
involves you providing your personal information and location to us.
When accessing this App, we need you to be aware of the following product and
service specific information:
1. Safety - This App is not intended to be used while driving. You must comply
with the Road Rules and not use the Application or your mobile device in any
manner contrary to the Road Rules. The Road Rules provide that it is an
offence for a driver to use a mobile phone that the driver is holding in his
or her hand
2. Specials and Weekly Catalogue - Items on sale for the period specified,
unless sold out earlier. Savings based on our metropolitan sell price.
Advertised savings may vary in some stores, as some Woolworths Products may
already be priced below the metropolitan sell price. Limits per customer may
apply (except in SA), trade not supplied. Some Woolworths Products or
varieties may not be available in all stores or at Woolworths Online.
Specials may not be available in all stores or at Woolworths online, Metro
or Food for Less stores and are not available at CALTEX SAFEWAY/WOOLWORTHS
fuel outlets. Multibuys apply for the purchase quantity advertised.
3. In-Store and Online Specials - A Woolworths Product advertised as an
In-Store and Online Special is available to customers both In-Store and
Online.
4. In-Store Only Special - A Woolworths Product advertised as an In-Store Only
Special is only available in store. If you select the Online Delivery mode
this special will not apply.
5. Online Only Specials - A Woolworths Product advertised as an Online Special
is available to customers who place an order for delivery or Pick up only.
6. Store Finder - Trading hours correct at time of publish. See in-store for
latest information.
7. Pricing - The purchase price of each Product is shown on the Product Detail
page in the App at the time you place your order. The purchase price of a
Woolworths Product will depend on which mode of delivery you have selected.
The purchase price of a Woolworths Product on the App may not be the same or
correspond to the prices in any of our supermarkets for the same Product.
You acknowledge that:
1. there is no requirement on us or on any Everyday Market Partner to match any
prices for any Products, including matching any prices for a Product that is
available through the App at our supermarket or vice versa; and
2. all pricing for a Woolworths Product displayed on the App may differ
depending on the postcode you have selected (for example, the price for a
Woolworths Product in Sydney may differ to the price for that same
Woolworths Product in Melbourne).
1. Just like in our supermarkets, prices for Products change from time to time
and we do not provide any notice of these changes. Subject to these terms
and conditions, once we have, or an Everyday Market Partner has, accepted
your Order, neither we nor the Everyday Market Partner will change any
prices that apply to the Products in that order.
2. Privacy Policy - Woolworths Group Limited and Woolworths Marketplace Pty
Limited are committed to supporting the 'Australian Privacy Principles '
which set clear standards for the collection, access, storage and use of
personal information which we obtain as part of our business operations.
Our respect for our customers' right to privacy of their personal
information is paramount. We have policies and procedures to ensure that
all personal information, no matter how or where it is obtained, is handled
sensitively, securely, and in accordance with the Australian Privacy
Principles.
3. View our privacy policy for more information.
4. Liquor - As per the terms and conditions stated at clause 3.2 above.
5. Tobacco - Woolworths takes the responsibility of selling tobacco seriously.
It is an offence to supply tobacco products to a person under 18 years of
age. It is our’ policy to check ID upon delivery of anyone who appears
under 25. If you are under 18 years of age, you may not use the App to
place an order for tobacco or tobacco related products. If you need help to
quit smoking, call 137 848 or 13 QUIT.
6. Restricted products - If you are under 18 years of age, you may not use the
App to place an order for sharp objects such as knives, blades, saws or any
related sharp objects. It is our policy to check ID upon delivery of anyone
who appears under 25.
7. General Merchandise phone network products - Subject to terms, conditions
and limitations imposed by mobile service provider. Please check with
service provider or in-store for full details.
8. Bakery - Some bakery items only available at stores with an in-store
bakery.
9. Health and Wellbeing - The information and recipes contained within this
App is for general information purposes only; it should not be considered
professional medical advice. Please consult your doctor for specific
nutritional needs.
10. App usage - This App has been tested and operates on open source third
generation and above. By using this app you agree that the Application
Provider may collect and use technical data and related information,
including but not limited to technical information about your device,
system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product
support and other services to you (if any) related to the Licensed
Application.
6. DEFINITIONS
Capitalised terms used in these terms and conditions have the meanings set out
below:
App has the meaning given in clause 5.7.
Bag Fee has the meaning given in clause 2.3(a)(ii).
Bulk Order means a Woolworths Order over normal retail quantities, for multiple
products, or a Woolworths Order for bulky or heavy items, as determined by us
from time to time.
Contact Hours means Customer Service Centre operating hours, Monday to Friday
6.00 am to 12.00 am (6am to 1am in daylight saving time), Saturday 6.00 am to
10.30 pm and Sunday 6.00 am to 10 pm Australian Eastern Daylight Time.
Crate Service Fee has the meaning given in clause 2.3(a)(iii).
Delivery Address means the address (or collection location) specified by you for
the delivery of Products that we, or an Everyday Market Partner, will supply to
you under these terms and conditions. In the case of delivery to a remote area
via a courier, Delivery Address means the address of the courier or postal
outlet to which we, or an Everyday Market Partner, will deliver the Products.
Delivery Fee has the meaning given in clause 2.3(a)(iv).
Delivery Now Fee means the delivery fee shown on the site and displayed when you
place your Woolworths Order using our Delivery Now service.
Delivery Now Order means a Woolworths Order that is placed using our Delivery
Now service.
Delivery Now Services means the delivery services provided by us to you when you
place a Delivery Now Order.
Direct to boot Location means an address listed on the Site where you can
collect Woolworths Products ordered through the Site by driving your vehicle up
to the collection point.
Everyday Market means the "Everyday Market from Woolworths" online platform on
the Site.
Everyday Market Product means a good or service that is identified using the
orange Everyday Market symbol (appears as an orange market stall) on the product
tile and is advertised on the Site as being sold and delivered by an Everyday
Market Partner.
Everyday Market Order means any part of an Order that consists of one or more
Everyday Market Products that are sold by Everyday Market Partners. For the
avoidance of doubt, an Everyday Market Order does not include an order for
Woolworths Products.
Everyday Market Partner means, in respect of an Everyday Market Product, the
seller of that Everyday Market Product.
Everyday Market Shipping Fee is defined in clause 2.3(a)(v).
Woolworths Order means any part of an Order that consists of one or more
Woolworths Products. For the avoidance of doubt, a Woolworths Order does not
include an order for Everyday Market Products.
Woolworths Product means each Product that is not an Everyday Market Product.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act
1999 (Cwlth).
LoginID means the email address that you provided to us as part of the
registration process to use the Site.
Materials is defined in clause 5.2(a)(i).
Order means any order for a Product or Products submitted using the Site and
includes Woolworths Orders and Everyday Market Orders.
Pick Up Service is defined in clause 3.7(a).
Product means each good or service that is advertised for purchase by you on the
Site.
Remote Delivery Order is defined in clause 3.9(a).
Restricted Product means a Product that is subject to certain restrictions (for
example, age restrictions) on its sale by a relevant law, such as Products
containing liquor, tobacco or sharp objects.
Site is defined in clause 1.1(a).
1. Schedule 1 - Standard Woolworths Fuel Offer Terms & Conditions
1. 1. To receive a discount on the standard purchase price of fuel at
participating Ampol# locations (which may be branded Caltex or Ampol as
Ampol transitions to its own branding) or participating Caltex
Woolworths/EG Australia, you must spend at least $30 in one transaction
at a participating Woolworths Supermarket or Woolworths Metro. The $30
qualifying amount excludes purchases of gift cards (including iTunes
cards), smoking/tobacco products and accessories, lottery products,
carpet care, donations, travel cards, event tickets, delivery charges,
and cashouts. For online purchases at Woolworths, the fuel discount is
only available to customers who have added a registered Everyday Rewards
Card to their online account
#Caltex branded sites operated by Ampol are changing to Ampol branding.
Ampol Limited, through a subsidiary, is a licensee in Australia of the
Caltex trademark, but is in the process of transitioning to instead trade
under its own Ampol trademark.
1. 2. The fuel discount you have qualified for will be no greater than 4
cents per litre (or the equivalent of 4 cents per litre) and is
recorded electronically on your Everyday Rewards card or printed on
your Woolworths Supermarket or Woolworths Metro receipt. If you have
reason to believe that an error has occurred on your Everyday Rewards
card or your printed receipt, please call 1300 10 1234. When redeeming
your fuel discount at a participating Ampol# location in Tasmania or a
participating Caltex Woolworths/EG Australia fuel outlet in Tasmania,
you will receive an additional discount of 2 cents per litre (giving
you a total fuel discount of 6 cents per litre).
2. 3. Buy fuel and either scan your Everyday Rewards card or present your
fuel discount receipt at a participating Ampol# locations or
participating Caltex Woolworths/EG Australia fuel outlets before the
expiry date (28 days from the date of purchase) to receive your fuel
discount.
3. 4. You may only enjoy one supermarket fuel discount offer per
transaction, for a fuel purchase of up to 150 litres.
4. 5. If your Everyday Rewards Card is lost, stolen or damaged, please
visit everydayrewards.com.au or call 1300 10 1234. Fuel discount
receipts that are damaged, defaced, photocopied or altered are not
valid for any fuel discount offer.
5. 6. Woolworths may change, suspend or terminate the conditions of the
fuel discount offer at any time at its discretion.
6. 7. Fuel discounts may be enjoyed at participating Ampol# locations or
participating Caltex Woolworths/EG Australia.
7. 8. This discount is not available in conjunction with any other offer,
except any separate in-store fuel discount offers as advertised at or
for participating Ampol# or Caltex locations or Woolworths/EG
Australia, unless otherwise stated.
8. 9. This discount cannot be enjoyed on any StarCard, AmpolCard or AdBlue
purchases at participating Ampol# locations.
9. 10. This discount is enjoyable on any AdBlue purchases at participating
Caltex Woolworths/EG Australia fuel outlets.
10. 11. Participating Ampol# locations or participating Caltex
Woolworths/EG Australia are not located in all areas. Go to
www.woolworths.com.au/shop/storelocator to locate your nearest
participating Ampol location or participating Caltex Woolworths/EG
(operated by EG Australia).
11. 12. Log onto everydayrewards.com.au or call 1300 10 1234 to see the
full T&Cs for the Everyday Rewards Program.
SCHEDULE 2 - WOOLWORTHS PRIORITY ASSISTANCE PROGRAM
1. 1. Woolworths provides a "Priority Assistance Program" to eligible
customers approved by Woolworths that offers those customers dedicated
delivery windows for their Grocery Orders.
2. 2. You may apply for access to the Priority Assistance Program at
https://www.woolworths.com.au/shop/discover/priorityassistance by
completing the form and providing supporting documentation and other
information required to assess your application.
3. 3. Eligible customers include seniors, people with a disability and
those with compromised immunity or who are required to self isolate.
4. 4. Woolworths will assess your eligibility for the Priority Assistance
Program using the information provided by you in your application, and
reserves the right to approve or decline any application in Woolworths’
sole discretion. If you do not provide details of your eligibility to
receive Priority Assistance, Woolworths may not be able to provide you
with this service.
5. 5. The offer of dedicated delivery windows for Priority Assistance
customers is subject to availability of the service at the time.
6. 6. Woolworths reserves the right to suspend or terminate the Priority
Assistance Program at any time.
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No Alcohol can be sold or supplied to anyone under 18. It’s against the law.
For all liquor orders processed, Woolworths Group is acting as an agent on
behalf of Endeavour Group Limited (ABN 77 159 767 843). For Everyday Market from
Woolworths orders involving the sale of liquor, Woolworths Marketplace Pty
Limited is acting as an agent on behalf of the relevant Everyday Market partner.
Woolworths Online supports the Responsible Service of Alcohol. For liquor
licence numbers visit the Liquor and Tobacco Licences page.
If you wish to voluntarily exclude yourself from being able to purchase alcohol
from our site, you can find out more at our Alcohol Self Exclusion page.
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