Terms and Conditions of Credit
Winc New Zealand Limited
Please read these terms and conditions of use carefully. These terms and conditions may have changed since your last visit to this site. By using this site, you indicate your acceptance of these terms and conditions. If you do not accept these terms and conditions, then do not use this site.
These Terms and Conditions of Credit (Terms) apply to the establishment, operation and use of the Applicant’s credit account with Winc New Zealand Limited Company NO. 123410, acceptance of which is evidenced by the Applicant’s execution of the New Customer Credit Account Application Form (Application)
- The Applicant warrants that the information provided in the Application is accurate, correct and complete and is supplied for the purposes of obtaining credit.
- The person/s signing the Application warrants that he/she is duly authorised by the Applicant to apply for credit and execute this Application on their behalf.
- The Applicant agrees that it is not entitled to any credit facilities until it receives notice in writing from Winc New Zealand Limited Company NO. 123410 (“Winc”) stating that credit facilities have been given and confirming the terms and conditions upon which such credit facilities are given. Until the Applicant receives such notice, any products and/or services that are supplied by Winc to the Applicant will be on the basis of payment up front.
- The parties agree that, if prior to formally approving credit, Winc grants to the Applicant time to pay for any products and/or services supplied, it does so on these Terms.
- In the event of Winc granting credit facilities to the Applicant then:
a) All accounts are to be settled in full within the agreed trading terms noted on the Winc statement and/or invoice. Credit facilities may only continue if payment is maintained in accordance with those agreed trading terms.
b) Should the Applicant default in making any payment in accordance with the agreed trading terms, then all monies owing to Winc shall immediately become due and payable. Winc shall be entitled to charge interest at the rate of 1.5% per calendar month on all overdue amounts from the date due for payment until the date of actual payment.
c) Any reasonable expense and/or costs or disbursements incurred by Winc in recovering any outstanding monies including debt Collection agency fees and legal costs shall be paid by the Applicant.
d) It is expressly understood and agreed that this credit arrangement may be terminated at any time by Winc. In that event, all monies owing to Winc will be immediately due and payable.
e) Winc may at any stage during the continuance of the credit arrangement impose as a condition precedent to the grant of further credit that the Applicant give such security or additional security or information as Winc shall in its discretion think fit and in a form acceptable to Winc. Winc shall be entitled to withhold supply of goods or further credit until such security or additional security is obtained.
Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, it has the power under the trust deed to enter into and observe its obligations under these Terms and the assets of the trust shall be available to meet payment of any monies due and owing to Winc.
Change of Ownership / Particulars
The Applicant will notify Winc no later than 14 days after any change of ownership, change in particulars, any alteration or addition to shareholders or directors, and any change, alteration or addition in the Applicant’s internal structure and senior management.
The Applicant consents to Winc collecting, disclosing and exchanging personal information about them for the purpose of assessing the Applicant’s or Guarantor’s credit application, credit worthiness and credit information (including for the purpose of seeking information from a credit reporting agency and referees provided in this Application). The information which may be given includes particulars of the Applicant’s identity, the fact that the Applicant has applied for credit and the amount of such credit and information about any defaults by the Applicant. The Applicant further consents to Winc disclosing information about the Applicant to its subsidiaries, parent company agents and advisers. Customer information may also be used by Winc for account servicing and direct marketing purposes.
The parties agree that these Terms shall be governed and construed in accordance with the laws of the State of New South Wales and the parties agree to submit to the jurisdiction of the Courts of that State.
Terms and Conditions of Sales
Winc Terms and Conditions of Sale, a copy of which is located at www.Wincadvantage.com.au/about-us/terms-and-conditions-of-sale is incorporated into these Terms and shall apply in respect of all sales made to the Applicant.
Winc’s Terms and Conditions of Credit and Terms and Conditions of Sale form the agreement between the parties and are binding on the parties. These Terms and Conditions of Credit and Terms and Conditions of Sale will prevail over any subsequent document issued by the Customer. If the Application is received in electronic format, it is constituted as an original document.
For Commercial Credit Application Form please click here (pdf).
Terms and Conditions of Sale
Winc Australia Pty Ltd
All goods and services (“Products”) supplied by Winc Australia Pty Limited (“Winc”) are supplied on these terms and conditions.
- Order Acceptance
No order shall be binding on Winc until accepted by Winc. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Winc of an order from the Customer. Winc reserves the right to accept any order in whole or in part. Where Winc makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by Winc.
- Payment Terms
All credit orders are accepted by Winc subject to satisfactory credit approval of the Customer, and are governed by Wincs’ credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 30 days from the date of invoice, or 15 days from the date of a consolidated monthly statement, whichever is the earlier. Payment must be made in full without set off or deduction. Winc will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
- Title to Products
Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Winc. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Winc, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Winc, to hold the proceeds of sale on trust for Winc, in an account in the name of Winc, until payment in full for the Products is made to Winc.
Winc reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Winc.
Delivery times for Business Interiors may vary and are subject to product availability from the supplier and the location of the supplier.
Winc will accept returns in accordance with the terms and conditions of its then current returns policy available here.
- Customer Specific Stock
Where Winc has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Winc may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Winc against all claims, demands, loss, costs and expenses incurred by or made against Winc, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Winc may use, print or reproduce at the Customer’s request.
To the fullest extent permitted by law, Winc excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (“the CCA”) apply to any Products supplied by Winc to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Winc under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Winc, to:
- If the breach or liability relates to goods:
Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Winc shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Winc or the failure of Winc to comply with these terms and conditions.
These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Winc will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Winc reserves the right to change these Terms and Conditions at any time. Additional terms and conditions also apply when an order is placed via NetXpress, which are displayed on NetXpress.
Staples reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.
- No Waiver
The failure by Winc to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver or preclude any other or further exercise or the exercise of any other right or power.
- 13. Personal Properties Securities Act 2009
13.1 The Customer acknowledges and agrees that by assenting to these terms the Customer grants a security interest under the Personal Properties Securities Act 2009 (‘PPSA’) in favour of Winc in all Products supplied by it to the Customer to secure the payment from time to time and at a time, including future advances. The Customer agrees to grant a ‘Purchase Money Security Interest’ (as defined by the PPSA) to Winc.
13.2 The Customer undertakes to:
13.2.1 sign any documents and/or provide any information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Winc may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (‘PPSR’);
13.2.2 not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Products without the prior written consent of Winc;
13.2.3 give Winc not less than 14 days written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s contact details; and
13.2.4 pay all costs incurred by Winc in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and/or enforcing or attempting to enforce the security interest created by these terms including executing subordination agreements and obtaining an order pursuant to section 182 of the PPSA.
13.3 To the extent permitted by the PPSA the Customer waives its rights to receive a notice under any of subsections 95(1), 121(4), 129(2) and 130(1) and sections 135 and 157 of the PPSA or a statement referred to in subsection 132(3)(d) and 132(4).
13.4 Pursuant to section 157 of the PPSA, unless otherwise agreed to in writing by Winc, the Customer waives the right to receive the verification statement relating to the security interest.
- Winc™ Furniture Fundamentals Terms These terms and conditions apply only to the Winc™ Furniture Fundamentals Range.14.1. Free delivery is available on all orders of furniture in the Staples Furniture Fundamentals Range with delivery to metropolitan areas in Sydney, Melbourne, Brisbane, Adelaide, Sunshine Coast, Gold Coast, Townsville, Geelong, Newcastle, Central Coast (NSW), Wollongong, Alice Springs, Hobart, Launceston, Canberra, Darwin and Perth. For deliveries outside these areas delivery charges may apply and will be advised at the time of purchase. Alternatively please call 13 26 44 to speak to sales support about any delivery charges to your area.14.2. Deliveries are only available to mainland Australia and Tasmania. Deliveries can only be made to the nominated address between 8:00am and 5:00pm, Monday to Friday on business days. Deliveries cannot be made to post office boxes.14.3. Winc™ Fast & Free Delivery is available on the Winc™ Furniture Fundamentals Range to all areas in which free delivery is available. The intention of Winc™ Fast & Free Delivery is to arrange delivery of furniture in the Winc™ Furniture Fundamentals Range to customers in the free delivery areas within 5 business days of order completion. Delivery outside the free delivery area may still be within 5 business days although cannot be guaranteed. While every effort is made to ensure delivery within the expedited time, it cannot be guaranteed and delivery times may be affected by external factors out of the control of Winc. Furniture assembly is available on selected products, within the delivery area. Please contact your Winc Account Manager for further details.14.4. Collection of furniture purchases from Winc™ Furniture Fundamentals Range is available at Winc™ retail stores and distribution centres by agreement. Delivery is free to any retail stores and distribution centres. Please call 13 26 44 to speak to sales support to arrange purchase of any furniture within the Winc™ Furniture Fundamentals Range where collection is to be made at a Winc™ retail store or distribution centre. Customers will be notified when any order is available for collection and identification requirements. Winc™ Fast & Free Delivery is available for furniture purchases within the Winc™ Furniture Fundamentals Range where collection is to be from a Winc™ retail store or distribution centre.