“We strive to provide the best shopping experience in the world. However, when things don't go to plan we will always act in a fair and reasonable way and will put ourselves in our customer's shoes and ask - ‘what would I expect?’”

Like most customers I rarely read terms and conditions as they are mostly long and hard to understand and made to protect the business that wrote them. Unfortunately as a business today we do need such terms, so I have sat with our legal team and written them as simply as possible.

John Winning - CEO, Winning Group

Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. 

It's important to note that in our quest to offer the best appliances from around the world many of the brands from whom we source our products operate under agency agreements. This basically means we are an agent for their brand, an arrangement whereby - technically - you are transacting with the brand even though you are dealing through us. This may apply to certain products from brands such as: 

AEG, Asko, Capital Cooking, DCS, Falcon, Falmec, Fisher & Paykel, Gaggenau, Liebherr, Miele, Neff, Pitt, Smeg, SpeedQueen, Spezialist, Steel Cooking, Technogym, Traeger and Whispair. 

When buying products from these manufacturers, you will be subject to their terms and conditions, which will prevail over these Conditions of Sale if there is any inconsistency. Delivery of these agency products will usually be by the manufacturers. 

We will process your payment 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 (for any non-agency product) 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. Orders for a product will not be placed with our suppliers until you have paid for the product in full. If you wish to change your order we will always do our best to accommodate the request, however we require at least 45 days notice prior to the expected delivery date (Minimum Notice Period), as this is the point at which we will confirm your delivery date and take any outstanding payments. Any changes or cancellations to an order, whether within or outside the Minimum Notice Period, will be subject to a cancellation fee of 25% of the total order value.This clause excludes Custom and other Special Order Products which require a full payment at the time of order and are not eligible for cancellation or change once ordered. 

1.2 All stock availability, as represented by our sales team is accurate in accordance with the stock levels at that time. However, if, for any reason, we cannot supply a product you have ordered, we will let you know using the details provided by you and amend, cancel or delay delivery until stock arrives as agreed with you. If you choose to delay your order, we will contact you to arrange for delivery once the product is available. 

1.3 We will store your products in our warehouse, free-of-charge, for up to 12 months from the date of your order or the date we receive the products into our warehouse (whichever occurs later). You must arrange for delivery of the products within this 12 month time period. Upon expiry of the 12 month time period, we reserve the right to charge you any reasonable storage fees for products not delivered.

2. Price and Payment 

2.1 All prices are inclusive of GST. Subject to clause 8.6 regarding pricing mistakes or errors, 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. Payment of a deposit, where applicable, serves to secure the price of a product for 120 days only. A deposit does not guarantee supply of a particular product. Upon receipt of full payment, and subject to stock availability, the goods will either be allocated to your order or ordered from the supplier for delivery to our warehouse in accordance with your requested timeline.We accept no liability for products that are superseded prior to payment in full being made. 

2.2 As a century-old family business, we have always valued each and every one of our customers and the important role we play in their renovation. To make choosing your appliances even simpler, we have now introduced our Winning Value Promise, which is our commitment to you to provide our award-winning world-class shopping experience, with honest prices every day of the year. 

Please visit us in-store or at our website for the latest information regarding price and availability. 

2.3 We accept payment by (in Australian dollars only), American Express, VISA or MasterCard credit cards. A minimum 30% deposit is required at the time of order placement. The remaining balance is due 120 days from the order date or at least 45 days before the delivery date, whichever occurs first. N.B. If your delivery is required within 60 days of placing your order then full payment of your purchase is necessary. Custom and Special Order Products require a full payment at time of ordering and are non-refundable. 

2.4 Your tax invoice will be provided to you in store or sent to you via email when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims. But don’t worry, we will keep a record for you should you misplace it : ) 

3. Free Delivery 

3.1 We offer free delivery for most orders Monday to Friday within our delivery areas. Bulky Items, spare parts and accessories are excluded from our free delivery offering. The delivery fee for these products will be quoted to you at the time of sale. 

We reserve the right to take photos of the boxed or unboxed products once delivered. 

After more than 117 years of expanding, we deliver to most cities and towns in mainland Australia and Tasmania. However, if you are unsure if we deliver to your area, please check with any store or on our website www.winnings.com.au. These can be subject to supplier exclusivity conditions for some brands. If you are not in our delivery area we apologise - but please check back as we are seeking to continuously expand our reach. 

3.2 If you need to change a scheduled delivery date or the delivery address, please let us know 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 of $50 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 In the event of a model or range change by a manufacturer we will endeavour to notify you as soon as possible and attempt to secure the product or offer the best alternative to equal value. Orders delivered after 6 months from being placed with us will require full payment so we can bring your items into our warehouse to avoid risk of model or range changes. 

3.4 We have a range of delivery methods. All deliveries must be signed for by you or a responsible person, regardless of 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 an authorised representative are available at the delivery address to take delivery, we will contact you to organise another convenient delivery date; 

b. In the instance of agency brand deliveries and in special circumstances you may receive delivery by our contracted courier company or directly by the manufacturer – if neither you nor an authorised representative are available at the delivery address to take delivery, we or the manufacturer will contact you to arrange another delivery date; and 

c. On rare occasions such as small item deliveries and spare parts you may receive delivery by Australian Post – if neither you nor your authorised representative are available 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 tracking your delivery. We cannot commit to an exact delivery time on the day of delivery. If delivery is by one of our team (which is most cases) the driver will contact you on the morning of delivery before 10 am with an approximate delivery window. If delivery is after 10 am the driver will contact you again when they are approximately 30 minutes away.

4. Free Basic Connection and Removal of Packaging 

4.1 Subject to clauses 4.2 and 4.3, we offer free basic connection for free-standing fridges and washing machines to existing compatible plumbing/infrastructure and other appliances that can be connected to existing powerpoints. For the avoidance of doubt, “basic connection” refers to the standard and straightforward installation of an appliance, such as a washing machine or refrigerator. This includes unboxing, plugging the appliance into a standard power outlet, and positioning it in its designated space. It does not include modifications, additional wiring, plumbing, integration with other systems, or the installation of fixing screws or brackets.

4.2 Free connection may only be carried out, where applicable, to an existing standard domestic appliance situated within one metre of a compatible 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. Stacking of washers with dryers or pedestals is excluded. 

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 by our delivery team; 

c. any water supply needed that cannot be isolated or considered unsuitable by our delivery team;

d. any drainage/waste facilities needed that are considered unsuitable by our delivery team; 

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 and Other Services Arranged for a Fee 

5.1 We offer a standard set of installation and other services for a fee. This service is only available in certain areas. All installations will take place, where possible, at the time of delivery by a trained, licensed and fully insured installer. Please check with our team or on our website for pricing and the types of installation services offered by us. 

5.2 We may provide additional bespoke 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 for these additional works will be estimated by a representative from one of our teams and pricing and terms are to be agreed in writing before proceeding. 

6. Free Removal and Recycling of Old Appliances 

6.1 We offer free removal for old disconnected 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 will dispose of them as we see fit which includes recycling where possible.

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 in full. 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 the above 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. 

“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 under the ACL. Please refer to the relevant manufacturer’s warranty if you would like to make a claim or better yet contact our in house Client Services Team on 03 9592 6644 for any claims involving, bathware, furniture and lighting products and our Service Liaison Team on 02 9694 0210 for claims related to all other products. 

8.3 You may also purchase a Back Up Plan at the time you buy your product. Please refer to our website 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 under the ACL. The cost of the Customer Plan payable by you does not include any cost for benefits which overlap with your ACL rights. Please refer to the Back Up Plan brochure or our website if you would like to make a claim. 

8.4 Subject to this clause 8, and to the extent permitted by law, including under the ACL: 

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. 

8.7 You must inspect the products for any superficial damage and notify us of any such damage within 48 hours of delivery. Subject to this clause 8, we will not accept any liability for superficial damage notified outside this 48 hour period. For the avoidance of doubt, this does not limit or exclude any rights you may have under the ACL.

9. Returns and Refunds 

9.1 In addition to your rights under clause 8 above, we will gladly accept return of products and issue refunds if you change your mind, subject to the following and payment of a non-refundable collection fee of $50 or the amount of the original delivery fee for special circumstances that a fee may have occurred, whichever is greater: 

a. if your product remains boxed and unopened you may contact us within 30 days of delivery to arrange for it to be collected and returned to the warehouse, inspected and if deemed still suitable for sale, you will have the choice of credit or refund less a 25% restocking fee. 

9.2 Subject to clauses 8 and 11.3, we will not accept return of any product that has been unboxed, used or installed or where you have attempted to install it, or if your product is a Bulky Item, spare part, accessory or a Custom and Special Order Product. If your product is eligible for return pursuant to clause 8, please contact us in store or via telephone 1300 050 050 or e-mail: support@winning.com.au. 

9.3 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 all original parts

and accessories must be returned for the product to be deemed intact. We will arrange for any products you want returned to be collected, usually within 3 business days. 

9.4 Subject to clause 8 above, if you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse, inspected it, and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we provide will be by the same payment method used to purchase the product, except for cash payments, which will be refunded by cheque.

10. Bulky Items 

10.1 Bulky Items will require a delivery site inspection by us prior to delivery and may incur additional charges.  

10.2 Any delivery site that is deemed by us to be difficult to access, or where delivery cannot be carried out safely by a 2 person delivery team, will also be subject to additional charges. 

10.3 If we deem that a delivery site requires a crane, barge, hoist to and/or other equipment to ensure safe delivery and/or installation, arrangement of such equipment will be your responsibility and at your expense. To the extent permitted by law, we will not be liable for any loss or damage suffered as a result of any equipment required or used to carry out delivery and/or installation of the goods. 

11. Sinks, Bathware and Basins 

11.1 We reserve the right to open, inspect and take photos of delivered sinks, bathware and basins. 

11.2 You or a responsible person at the delivery location are to sign for the goods to confirm the goods have been received and are in good condition at the time of delivery and inspection. If you or the responsible person refuses to allow us to open, inspect and take photos of the sinks, bathware and basins, then subject to clause 8, you will accept all liability for the quality of those goods. 

11.3 Sinks, bathware and basins may not be returned unless they are in Perfect Condition. Sinks in Perfect Condition are subject to the normal return policy of Winning Appliances and subject to restocking fees. 

11.4 You must inspect the sinks, bathware or basins for any damage and notify us of any such damage within 24 hours of delivery. Subject to clause 8.1, we will not accept any liability for damage notified outside this 24-hour period. For the avoidance of doubt, this does not limit or exclude any rights you may have under the ACL.

11.5 ‘Perfect Condition’ refers to both the product and its packaging being in ‘as new’ condition, as determined by us acting reasonably. For the avoidance of doubt, the product will not be in Perfect Condition if there is any damage (including superficial damage) to the product or packaging or if there is any granite, stone, or other building related dust inside or coating the product. 

12. General 

12.1 These Conditions of Sale form the entire agreement between you and us. 

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. 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 terminate our contract with you or terminate your account with us. 

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. We may assign our rights and obligations under these Conditions of Sale, without your prior consent. 

12.6 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. 

12.7 Please refer to our Privacy Policy on our website to see how we collect, use, store, disclose and protect your personal information. 

12.8 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. 

13. Definitions 

In these Conditions of Sale, unless the contrary intention appears: 

13.1 ‘Bulky Item’ means the following: 

a. Sub-Zero, Fhiaba and V-Zug refrigeration products with a width of at least 760mm and a height of at least 2000mm; 

b. Wolf dual fuel stoves; 

c. upright stoves with a width greater than 950mm; 

d. bathtubs, ice baths, and gym equipment; 

e. furniture items with a weight greater than 150kgs;

f. Kalamazoo barbecues, Wolf barbecues and any other barbecue with a weight greater than 100kg; 

g. custom made rangehoods with a width of at least 1500mm; 

h. any other product that we deem to be unsafe to be delivered by a standard 2-person delivery team; or 

i. any other product with a nominated delivery address that we deem to be difficult or dangerous to access. 

13.2 ‘Custom and Special Order Products’ means the following: 

a. all ICU Ilve Stoves and Ilve products labeled as N/S; 

b. all Custom Qasair Custom Hood (QCH) made Rangehoods and specially ordered Qasair Custom Ducting (QCD) Pieces; 

c. Sub-Zero Pro-Refrigeration; 

d. Wolf Dual Fuel stoves; 

e. all Kalamazoo products; 

f. all Galley products; 

g. all V-Zug Refrigeration; 

h. all Fhiaba Refrigeration; 

i. all Commercial Miele products; 

j. Missoni products; 

k. De La Espada products; 

l. all Amura products; 

m. all Eilersen products; 

n. all Fantini products; 

o. all Falper products; 

p. all Catalano products; 

q. all Claybrook products; 

r. all items determined by us to be a ‘spare part’ and 

s. any other Custom made or Special Order product not listed above.