Terms & Conditions

Quotation Terms and Conditions | Terms and Conditions of Sale | MRGE – Instagram competition terms and conditions


Quotation

Price Match Policy

  • Winning Appliances guarantees a competitive market price and will match or better genuine competitor prices on brand new in-the-box
    product including shipping charges which are not offered as part of a bundled or bonus product offering a time of price matching.
  • A genuine price is defined as an advertised price that can be provided to a member of our team within 14 days of placing your order with Winning Appliances.
  • Price-matched items are excluded from further discounts.
  • Winning Appliances DOES NOT price match any products displayed on auction websites (auction or buy it now prices.)
  • Our price match policy does not apply to products from agency brands; the prices for these products are set by the manufacturers for whom we are agents and unfortunately we cannot adjust them. Please enquire in store for a full list of agency brands.
  • Winning Appliances does not price match “direct import” or “grey market” products which are usually supplied directly to customers from overseas suppliers.

Delivery

  • As a service to our customers, we can provide free delivery Monday to Friday within metropolitan and other selected areas (Click here to see if free delivery is available in your area), subject to reasonable access*.
  • Saturday delivery is available within the Sydney metropolitan area at a charge of $40 per delivery drop (Click here to see if free delivery is available in your area).
  • As a part of our delivery service, we will send an SMS the day prior to delivery and telephone on the day of delivery to confirm the scheduled drop off time and allow you to manage your day.
  • Connection and removal fees apply.
  • *Our free delivery excludes certain products/brands and is subject to reasonable access – please ask in-store for details. (Reasonable access is based on being able to do the delivery manually using 2 delivery people).

Removal

  • Upon delivery, we can organise removal of your old refrigerator or washing machine and any packaging – on a one-for-one basis.
  • Removal fee is $30 per appliance and includes connection, if required.

Connections

  • If you’d like to use your new refrigerator or washing machine straight away but are unsure how to connect it, we can help.
  • At Winning Appliances we can connect most new refrigerators and/or washing machines to existing, compatible plumbing and electrical connections at the time of delivery.
  • Connection is charged at $30 per appliance and includes removal, if required.

Additional Services

  • Winning Appliances can organise installation services by reputable, licensed tradesmen for your new appliances (including any required cabinetry, electrical and plumbing work).
  • Additional appliance pick-ups are also available, provided that the appliance is disconnected and on a one-for-one basis (in relation to the original invoice).
  • Please note: Fees and conditions apply.

Prior to Placing your Order please read our full Sale Terms and Conditions below and our Privacy Policy


Sale

In these Terms and Conditions of Sale (“Conditions of Sale“), “we” or “us” means Winning Appliances Pty Ltd (ABN 94 002 193 688) and “you” means the person, organisation or entity that purchased the products or related services from us. Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you.

We sell some products under agency agreements. These include products from the following brands:  AEG, Asko, Breville, VZug,  Falcon, Gaggenau, Neff, Capital Cooking, Steel Cooking, DCS Barbeques, Whispair/Falmec, Highland and Miele. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Conditions of Sale to the extent of any inconsistency. Please refer to the terms and conditions of sale for the products by these brands. Delivery for most of these products will be by the relevant manufacturers.

We will receive payment from you for the above products on behalf of the manufacturer and your tax invoice for these products will come directly from them.  If you are paying for these products by credit or debit cards, you consent to us disclosing your credit or debit card information to the manufacturers for the purpose of obtaining payment for the products.

1 Order and Availability

  • 1.1 When you have ordered a product from us by paying a deposit or by paying for the product in full, a binding agreement will come into existence between you and us. Only these Conditions of Sale will apply in relation to the supply of the product. If you wish to cancel your order we ask that you advise us at least 1 month (30 days) before your scheduled delivery date and you will receive a full refund subject to these Conditions of Sale. Orders cancelled inside the 30 day period will incur a cancellation fee of up to 20% of the order value
  • 1.2 All stock availability as represented by our sales team is accurate in accordance with our current stock levels, however, if, for any reason, we cannot supply a product you have ordered, we will let you know using the details provided by you to amend, cancel or put your order on backorder as agreed with you.  If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

2 Price and Payment

  • 2.1 All prices are inclusive of GST. Subject to clause 8.6, we make every effort to ensure prices and product information displayed in our stores, catalogues or advertisements are correct and up-to-date.  Prices for our products displayed on third party websites may not be correct and we are not bound by them.
  • 2.2 Winning Appliances guarantees a competitive market price including a tiered pricing structure based on the size of your order. The size of the order and discount achieved is subject to the discretion of Winning Appliances and internal guidelines. The intention is that each order is treated separately for discount levels. If the order changes then discounts will be adjusted accordingly. Price matched items are excluded from discount calculations.
  • 2.3 We accept payment by BP, cash, bank cheque (in Australian dollars only), American Express, VISA, MasterCard credit cards.  A minimum 30% deposit is payable on placement of your order with the balance payable 30 Days prior to delivery of your purchase. N.B. If your delivery is required within 30 days of placing your order then full payment of your purchase is necessary. Wolf and Sub-Zero brands as well as Custom made and special buy in products require a 50% non-refundable deposit on order and the balance once manufactured or imported into Australia.
  • 2.4 If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must inform our sales team when placing your order. Products purchased with a gift voucher cannot be returned in exchange for cash.
  • 2.5 Your tax invoice will be sent to you when the items you have ordered are delivered.  Your tax invoice is your proof of purchase and may be required for any warranty claims.

3 Delivery

  • 3.1 We offer free delivery for most of our products. If you are not eligible for free delivery, a delivery fee may apply. We deliver to most areas in mainland Australia, including the Sydney, Melbourne, Perth, Brisbane and Gold Coast metropolitan areas. This can be subject to supplier exclusivity conditions. If you are not in our delivery area please discuss with our sales team with respect to delivery options.
  • 3.2 If you need to change a scheduled delivery date or the delivery address, please contact the place of purchase at least 48 hours before the delivery date.  If you are not available to take delivery on the agreed delivery date, you will be charged a delivery fee for each additional attempt for delivery.  However, if we cannot deliver your full order at the time agreed you will not be charged for additional deliveries.
  • 3.3 Orders undelivered within 12 months of your initial requested delivery date with Winnings will incur a Storage Fee equivalent to 0.5% of your Order Value per month thereafter.
  • 3.4 We may deliver the products via a range of delivery methods.  All deliveries must be signed for, depending upon which delivery method we use:
    • (a) In most instances delivery will be conducted by one of our highly trained and experienced drivers – our driver will need to see a photo ID of the person who placed the order or that person’s representative and may keep a record of that ID. If neither you nor your authorised representative is at the delivery address to take delivery, our driver will leave a notice in your letterbox or under your front door advising you of our contact details so that you can contact us to organise another delivery day;
    • (b) delivery by our contracted courier company or directly by the manufacturer – if neither you nor your authorised representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date; and
    • (c) delivery by Australian Post – if neither you nor your authorised representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to the Australian Post Office suitable to store the product until you are able to go and pick it up.  In these circumstances our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
  • 3.5 Prior to the delivery day you will receive SMS’s to assist you in making sure you are ready. We cannot commit to an exact delivery time on the day of delivery. If delivery is by one of our drivers the driver will contact you on the morning of delivery before 10 am with an approximate delivery window. If delivery is after 11 am the driver will contact you again when they are approximately one hour away.

4 Connections for Refrigerators, Washing Machines and Microwaves

  • 4.1 We offer connection for refrigerators, washing machines (excluding washing machine pedestals) and microwaves unless one or more circumstances identified in clause 4.3 applies. We offer this service in the following areas: Melbourne, Sydney, Brisbane, The Gold Coast, Canberra, Geelong, Newcastle and Wollongong. In Adelaide and Perth, this service is only offered for Dishlex, Electrolux, Maytag, Simpson, Sub-Zero, Westinghouse and Whirlpool products.
  • 4.2 Connection may only be carried out, where applicable, to an existing standard domestic appliance situated within one metre of a water connection and within reach of an existing 10 amp socket for the appliance’s lead. Included in the connection will be the removal of transit brackets.
  • 4.3 Our delivery team will be unable to connect your new appliance if:
    • (a) the old machine is not disconnected from existing plumbing and electrical supplies;
    • (b) any electrical or plumbing supplies supplied by you are considered unsuitable;
    • (c) any water supply needed cannot be isolated or is considered unsuitable by our delivery team;
    • (d) any drainage/waste facilities needed are unsuitable;
    • (e) mechanical adjustments are required to the appliance(s) to overcome such things as water pressure problems;
    • (f) alterations to existing plumbing and electrical connections are required; or
    • (g) gas installations, connections and/or disconnections are required as these must be performed by a licensed plumber.

5 Installation for Appliances

  • 5.2 We may provide additional installation services (including any required cabinetry, electrical and plumbing work) directly or by one of our related entities or subcontractors.  The installation services and the price will be agreed between you and us in writing, and will be subject to our standard Installation Terms and Conditions.
  • 5.1 We also offer installation services for some appliances for a fee.  This service is only available in certain areas and you must purchase this service at the time you purchase your appliances.  All installations will take place, where possible, at the time of delivery by a trained, licensed and fully insured installer.  Please check with our sales team for the types of installation services offered by us.  Installation services will be performed subject to our standard Installation Terms and Conditions.

6 Disposal and Removal of Old Appliances

  • 6.1 If the delivery address is in Melbourne, Sydney, Perth, Brisbane, the Gold Coast, the Sunshine Coast, Canberra, Geelong, Newcastle or Wollongong you can request that our delivery team dispose of your old appliance for a $30 fee.  Old appliances being removed must be similar to the new delivered appliance.  This must be done at the delivery location of your order. We can also offer this service in Adelaide for Dishlex, Electrolux, Simpson and Westinghouse products.
  • 6.2 All products for removal and disposal must be disconnected from all water, electrical and gas supplies by you or your contractor in advance of the appliance being removed.  All gas disconnections must have been performed by a licensed plumber.  You agree that removed goods are deemed to have zero value and become our property. We may dispose of them as we see fit.

7 Title and Risk

  • 7.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until your payment has been processed or otherwise received by us.  If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address.  We reserve the right to keep or sell the products.  Risk of loss, damage or deterioration to any products will pass to you on delivery.
  • 7.2 You acknowledge and agree that clause 7.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”).  To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA.  You waive your right to be provided with verification statements under section 157 of the PPSA.  We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.

8 Warranties and Limitation of Liabilities

  • 8.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL“) (or any liability under them) which by law may not be limited or excluded.  If you are a “consumer” under the ACL, the following notice applies to you:
  • “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“).  You are entitled to a replacement or a refund for a major failure and for 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 to a major failure.”
  • 8.2 Your product may come with a manufacturer’s warranty.  The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees.  If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy.  However, you should check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting.  Please refer to the relevant manufacturer’s warranty if you would like to make a claim or alternatively contact our Customer Services Liaison Department on 02 9694 0210.  Please refer to clause 10 if you need to arrange for returning the goods to us.
  • 8.3 You may also purchase a Customer Backup Plan at the time you buy your product.  Please refer to the Customer Backup Plan brochure to see your rights under the plan which applies to your product.  Such rights are in addition to but may overlap with any rights and remedies you may have under applicable laws including any Consumer Guarantees.  The cost of the Customer Backup Plan payable by you does not include any cost for benefits which overlap with your ACL rights. Please refer to the Customer Care Backup Plan brochure if you would like to make a claim.
  • 8.4 Subject to this clause 8, and to the extent permitted by law:
    • (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
    • (b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
    • (c) our total liability arising out of or in connection with the products, the services or these Conditions of Sale,  however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
  • 8.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
  • 8.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

9 Computer hardware and software – special conditions

  • 9.1 All software provided with our products or sold separately to you is subject to the terms and conditions of the licence agreement relating to that software.  You acknowledge your obligation to comply with the terms of such licence agreements.
  • 9.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.

10 Returns and Refunds

  • 10.1 In addition to your rights under clause 8, we will gladly accept return of products and issue refunds, subject to payment of a 20% of the purchase price restocking fee and the following:
    • (a) you contact your place of purchase within 14 days of delivery to arrange for products to be collected.
    • (b) products being returned are damage free.
  • 10.2 Subject to clause 8, we will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special buy product. If your product is eligible for return pursuant to clause 8, please contact the place of purchase to arrange for return.
  • 10.3 You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse.  All original items including packaging must also be returned.  We will arrange for any products you want returned to be collected, usually within 3 business days.
  • 10.4 If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by cheque.

11 Repair of Products

  • 11.1 If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data.  User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console.  We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.
  • 11.2 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

12 General

  • 12.1     These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
  • 12.2     We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us.  Any change of these Conditions of Sale will only apply to future orders.  None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
  • 12.3     We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control.  If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
  • 12.4     We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
  • 12.5     You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
  • 12.6     Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
  • 12.7     If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
  • 12.8     Please refer to our Privacy Policy on our website to see how we collect, use and protect your personal information.
  • 12.9     Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
  • 12.10  These Conditions of Sale are governed by the laws of New South Wales, Australia.  The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

 


Contact us

If you need to contact us for any reason, please do so using the contact details below:

Telephone: 1300 050 050

Email: info@winningappliances.com.au