Terms of service
Terms of service
Winning Spirit Warehouse TERMS & CONDITIONS
In the following "Terms & Conditions," references to "we," "us," or "our" pertain to Winning Spirit Warehouse. By utilising this website, you agree to abide by these Terms & Conditions. If you do not concur with these Terms & Conditions, please refrain from accessing this website or making purchases from it.
We retain the right to amend, update, or modify our website, including these Terms & Conditions, at any time. Any changes will become effective upon being published on this website.
Copyright
All content on our website is protected by copyright. You may only use our website for personal, non-commercial purposes. Except as allowed by applicable copyright laws, you may not use, copy, alter, transmit, store, publish, distribute, or create derivative works from the content on our website without obtaining our prior written consent.
Trademarks (registered or unregistered) and logos may not be used or altered without our prior written permission.
Hyperlinks
We do not endorse websites accessed through this site that we do not maintain, control, or create. We are not responsible for their content.
Links to external sites or framing them should not be interpreted as an endorsement by us of the external site's owners, operators, or their products or services, unless expressly indicated on this website.
Liability
Information on this site is provided "as is" without warranties. The content on this website may contain typographical errors, technical inaccuracies, or other errors and can be altered at any time without notice. Our policy of continuous product improvement may lead to changes without notice.
Disclaimer
We are not liable for any losses incurred in connection with the use of this website or linked sites.
Photographs are for illustrative purposes only and may differ from the actual products offered for sale.
To the extent allowed by law, we do not accept responsibility for any losses or damages arising from your use of this website or any linked site. Furthermore, any condition, warranty, or guarantee implied in these Terms & Conditions is excluded.
Nothing in these Terms & Conditions excludes, restricts, or modifies any guarantee, warranty, right, or remedy you have under the Australian Consumer Law or similar laws that cannot be excluded. To the fullest extent allowed by law, our liability for a breach of a non-excludable right is limited to resupplying the products or paying for the cost of having the products resupplied.
Return Goods Policy
Australian Consumer Law
Products sold by Winning Spirit Warehouse, operating under WS Warehouse ABN 64748660357, are subject to the guarantees provided by the Australian Consumer Law (ACL) that cannot be excluded. Consumers have the right to a replacement or refund in cases of major failure and are entitled to compensation for any other foreseeable loss or damage. Furthermore, consumers have the right to request repairs or replacements if the goods fail to meet acceptable quality standards, provided the failure isn't classified as a major failure.
A "major failure" under the Australian Consumer Law is broadly defined as a situation where a reasonable consumer would not have made the purchase had they been aware of the failure. This encompasses cases where the goods are unsafe, significantly unfit for their intended purpose, or substantially differ from the demonstration model or sample. For comprehensive details, please refer to the Australian Consumer Law.
Consumer guarantees remain valid and cannot be waived, serving as an additional layer of protection alongside any express warranty (warranty against defects) offered.
It's important to note that there might be circumstances in which you aren't eligible for a remedy.
For more information about the Australian Consumer Law and consumer guarantees, please visit www.consumerlaw.gov.au.
Express Warranty
In addition to the rights and remedies provided by the Australian Consumer Law and other relevant legislation, WS Warehouse offers an additional Express Warranty for its products.
The benefits provided through the Express Warranty are complementary to any other legal rights and remedies available concerning the products covered by the Express Warranty. This Express Warranty does not override, limit, or alter any statutory rights or remedies.
WS Warehouse guarantees that the products it sells are free from defects in material and workmanship within the specified warranty periods.
Eligibility for Returns
Goods will be accepted for return under the following circumstances:
- Breach of a Guarantee under the Australian Consumer Law or other applicable consumer protection laws or regulations.
- Breach of any express warranty provided by WS Warehouse or the manufacturer, with the goods returned following the terms of that warranty.
No Returns for Change of Mind
We kindly advise that returns and refunds cannot be processed due to changes of mind, incorrect selections, or finding the same goods at lower prices elsewhere. We encourage thorough examination and questioning about the goods' suitability before making a final purchase.
Assessment and Conditions for Return
Winning Spirit Warehouse reserves the right to assess goods for eligibility before accepting returns. This assessment includes evaluating the goods' condition and age.
To initiate an assessment for return, the goods must:
(a) Be accompanied by valid proof of purchase from WS Warehouse. (b) Remain unaltered, unmodified, unmarked, undamaged, and complete with instruction manuals, tags, labels, and accessories provided with the purchase.
Please note that the manufacturer may need to inspect the goods to assess their eligibility for return. Winning Spirit Warehouse will strive to arrange this assessment within a reasonable timeframe.
During the assessment process, the goods will not be considered accepted for return.
Non-Returnable Goods
Goods used in ways or environments that present occupational health and safety (OH&S) and hygiene risks cannot be returned. This includes goods exposed to contamination or soiling, as well as items used for healthcare, hygiene, and personal care purposes. Customised or special orders are also non-returnable.
Restocking Fee
Winning Spirit Warehouse retains the right to apply a restocking fee of 20%. Customers will be notified of the restocking fee's applicability after the goods undergo assessment.
Delivery Charges
In cases where goods breach a consumer guarantee under the Australian Consumer Law, the cost of returning the goods to Winning Spirit Warehouse will be covered by us. If the goods do not breach a consumer guarantee, customers will be responsible for return shipping costs.
Return Process and Refunds
Upon acceptance of goods for return, the following actions will be taken:
For non-major failures in complying with a consumer guarantee: (a) Goods will be repaired or replaced with an identical item. (b) A refund of the goods' purchase amount will be issued.
For major failures in complying with a consumer guarantee: (a) Customers can choose between a refund, an identical replacement, or a replacement of similar type and value if available. (b) Compensation for any decrease in the goods' value due to the failure can be requested. (c) Agreement with Winning Spirit Warehouse for repair can be arranged.
Under the Express Warranty, Winning Spirit Warehouse will either repair, replace, or refund the goods, adhering to the terms of the warranty.
Refunds Process
Refunds due under the Australian Consumer Law will be processed via credit card, EFT, or check, based on the original payment method. Cash refunds are not provided and refunds may take up to 10 business days to be processed.
Network Partners & Resellers
Resellers are responsible for freight expenses associated with returned items. Warranty claims will be addressed with the respective supplier, and upon resolution, reseller claims will be settled.
Guarantee and Warranties
WS Warehouse’s goods come with manufacturer warranties, as documented in the "Written Warranty Statement" accompanying the products. In case of conditions that might warrant warranty claims, buyers should initiate a written request to WS Warehouse. Corrective actions, including repair, replacement, or refund, will be carried out as appropriate.
For repair, service, and preventative maintenance by WS Warehouse, defects due to faulty workmanship or materials will be covered for twelve months from the service date. This warranty excludes unauthorised repairs or modifications.
Please note that warranty details supplement your applicable statutory rights. For goods without warranties, refer to the Return Goods Policy for further guidance.
Products & Pricing
We reserve the right to change the source of our products without notice. We may also discontinue products and change prices without prior notice, unless agreed upon in writing to provide advanced notice. Billing and payment are in Australian Dollars unless otherwise agreed upon in writing.
Goods Ex-Warehouse
Products will be sold excluding delivery costs, unless otherwise agreed upon. Freight charges for delivery to the Buyer's premises will be added separately to the invoice. The risk of loss or damage transfers to the Buyer after delivery to their carrier.
Shipping & Delivery
Shipping costs are determined by product size, weight, and location. Exact shipping costs are calculated during checkout. Orders are dispatched within 2-3 business days, with estimated shipping times of 2-3 days for metro regions and 5-7 days for regional areas. Western Australia Metro & Regional areas might experience longer transit times. While we strive to adhere to delivery times, we are not responsible for any loss or damage due to delays.
Your Use of the Website
You agree not to engage in activities that interfere with or disrupt the website or its servers. You will not attempt to circumvent security features or enforce limitations on content usage.
Privacy Policy
Our Privacy Policy outlines how we collect and manage personal information in accordance with the Privacy Act 1988 (Cth).
Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia. You agree to the non-exclusive jurisdiction of the courts of New South Wales.
Contact Us
If you need to reach us, please use the following contact details:
Winning Spirit Warehouse Customer Care Team
Telephone: 0416 499 223
Address: 348A Victoria Street, Richmond VIC 3121
