BIG W Online Terms & Conditions
1.1 The Site is a shopping website provided by Woolworths Group Limited (ABN 88 000 014 675) trading as BIG W (“BIG W”, “us” or “we”) where you can browse, select and purchase products sold by BIG W (“Products”).
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any Order through the Site.
2.3 You agree not to use any data listed on the site for commercial purposes e.g. through price or information scraping.
2.4 You agree not to use the Site for any purpose that is fraudulent, unlawful or otherwise prohibited by these terms and conditions. You may access the Site for your own personal use but otherwise neither the Site, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without our prior written consent.
2.5 While using this Site, you may not:
- breach any laws, infringe a third party’s rights or act contrary to any relevant standards or codes or make any fraudulent enquiries, purchases or requests;
- 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 other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site, or post any spam, unsolicited or bulk electronic communications;
- use another person’s details without their permission or impersonate another person;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Site;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
- modify, adapt, translate or reverse engineer any portion of the Site;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
- create accounts by automated means or under false or fraudulent pretences;
- violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Site other than in accordance with these terms and conditions;
- use the Site if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Site;
- fail to pay for Products Ordered using your login;
- transfer your login to another party without our consent;
- harvest or otherwise collect information about other customers, including email addresses, without their consent; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
3.1 You must be 18 years or older to purchase Products through the Site. We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you are acting in breach of these terms and conditions or are using the Site in a fraudulent or improper manner. We also reserve the right to otherwise cancel Orders in accordance with clause 9.1.
- must ensure that only authorised users have access to your computer and ensure that your login and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
- must notify us through Customer Service on 1300 244 999 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
- must promptly advise us of any changes to your information provided to us as part of the customer registration process;
- must provide us with your date of birth where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
- are responsible and liable for any person that uses your login and password to Order Product(s) through the Site;
- agree that we may charge you for all Products that have been Ordered using your login and password through the Site; and
- acknowledge that you will check the labels on the Products before consumption or use.
4.1 You may purchase Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.
4.2 Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including delivery and other charges, fees and taxes) at the time you place the Order, on the terms and conditions set out in these BIG W Online Terms and Conditions.
4.3 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.
4.4 You agree to provide us with current, complete and accurate details in response to requests by us, to you, for information.back to top
5.1 In certain circumstances, your Order may be rejected, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
5.2 Each Order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each Order accepted by us, we will:
- supply the Products in that Order to you in accordance with these terms and conditions; and
- send you an email confirmation of that Order – though with the nature of the internet we cannot guarantee receipt. Please add firstname.lastname@example.org to your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall
5.3 If we reject an Order for Products placed through the Site, we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
5.4 You may not purchase any Products through this Site for the purpose of resale. In the interests of all our customers, we may refuse to supply if multiple Orders are placed for large quantities of the same Product for the same billing or shipping address.back to top
- subject to certain limited exceptions specified by law, acknowledge that it is against the law to sell or supply a Restricted Film or a Restricted Game to, or obtain a Restricted Film or a Restricted Game on behalf of, a person:
- under the age of 15 years (for a Restricted Film or a Restricted Game that is classified MA 15+); or
- under the age of 18 years (for a Restricted Film or a Restricted Game that is classified as R 18+);
- warrant that you are not obtaining a Restricted Film or a Restricted Game on behalf of a person that is not of the appropriate legal age referred to in (a) above, unless you are permitted to do so by law; and
- may be required to provide proof of age upon delivery or collection of restricted items.
6.2 You must not use the Site to purchase a pre-paid service if:
- you are purchasing the service on behalf of a corporation, business or other organisation; or
- you are an individual and you will have five or more pre paid services as a result of this transaction.
If you fall into either of these categories, we are able to sell you a prepaid service in person at a BIG W store near you. You will have to meet additional identification requirements.
6.3 Personalised Products
If you place an Order for Personalised Products, the Personalised Product will be produced exactly as you have stated including treatment of upper and lower cases.
Any error in personalisation details on your part is your responsibility and the Personalised Product cannot be returned for replacement or refund and the BIG W Online Returns Policy does not apply to Personalised Products unless the Personalised Product is faulty.back to top
7.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Order and these are described at the point of checkout. We or our carrier may need to contact you to arrange a delivery date for certain products. We only deliver to addresses in Australia.
7.2 You may obtain further information on the Site about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your Order depends on the type of product you Order, particularly the size and weight, and your location.
7.3 We will make every attempt to deliver Products by the estimated delivery timeframe however we will not be liable to you or any other person for any delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.
7.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your Order through the Site.
7.5 Unless you provide an express authorisation to leave a product at the delivery address if no one is present to accept delivery, an appropriate person must be present to accept the delivery of your Order. If you authorise us or our carrier to leave a product at the delivery address when no one is present to accept delivery, you:
- accept the risk of theft or loss of the Product from the time it is delivered; and
- acknowledge that, notwithstanding your authorisation, the person delivering the Product has discretion whether to leave the Product at the address.
7.6 We may require the person accepting the delivery of your Order to:
- provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the 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; and
- where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
7.7 If there is no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the Products you have Ordered. 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 the redelivery.
- acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your Order; and
- will ensure that, in the case of Restricted Products, the person authorised by you to receive your Order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
7.9 We will not deliver a Restricted Product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we will cancel the Order and refund any amounts paid for that Order under these terms and conditions (excluding the Delivery Fee).back to top
8.1 During the Product ordering process, you may select the Pick Up Order option. By selecting this option, you agree to comply with this clause
8.2 You agree that:
- Pick Up Orders may not be available at all BIG W store locations which will be indicated on the Site;
- Pick Up Orders may not be available for all Products (for instance: promotional or online only offers). Any exclusions will be indicated on the Site at the time of placing the Pick Up Order;
- any collection times for Pick Up Orders as indicated on the Site are estimates only. We will use reasonable endeavours to make available the Pick Up Orders within the forecasted timeframe, however, will not accept any liability for delays; and
- BIG W may, at its discretion, disable the Pick Up Order option for any Pick Up Orders that have not been accepted by us.
8.3 You will receive a written and/or electronic communication from us in relation to your Pick Up Order, including order confirmations, ready for collection and collection notifications. We may also communicate with you in relation to any delays of your Pick Up Orders.
8.4 You must collect your Pick Up Order within 10 days after receipt of the ready for collection notification. If you fail to collect your Pick Up Order within this period, we may cancel the Pick Up Order in accordance with clause 9.1.
8.5 You agree to comply with the following collection requirements in relation to your Pick Up Order and such other requirements that we may notify to you when placing your Pick Up Order:
- you must collect your Pick Up Order from the BIG W store selected by you when you placed the Pick Up Order;
- you must produce to our team member a valid photo identification and the collection notification (showing the confirmation code) when you collect the Pick Up Order; and
- you must sign a collection confirmation when you collect the Pick Up Order.
8.6 In the event you are unable to collect your Pick Up Order, you may email BIG W (using the email address used to place your Order) to provide your written authority for a nominee to collect your Pick Up Order from BIG W (Pick Up Nominee). When collecting the Pick Up Order, the Pick Up Nominee must produce to our team member that email and comply with clause 8.5.back to top
9.1 We may cancel any part of an Order for Products (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:
- the Products in that Order are not available; or
- there is an error in the price or the product description posted on the Site for the Product; or
- your Order has been placed in breach of these terms and conditions; or
- the Product(s) in that Order have been recalled; or
- you fail to collect your Pick Up Order within 10 days after receipt of the ready for collection notification
9.2 If we cancel any part of an Order in accordance with:
- Clause 9.1(a) or 9.1(b) (where the Product is unavailable or there is a pricing or product description error) or 9.1(d) (where the Product has been recalled), we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled part of the Order. If any payment has been taken, then: (i) for a wholly cancelled Order, the full payment amount, including the Delivery Fee and any other fees and charges; or (ii) for a partly cancelled Order, the amount paid in respect of cancelled Products;
- Clause 9.1(c) (where you are in breach of these terms and conditions), we will provide you with reasonable notice of that cancellation. Provided we are not also in breach of these terms and conditions, a cancellation fee of the lesser of $25 or the value of the payments made may apply. If any payment has been made in excess of $25, we will refund that excess amount to your original payment method or through an alternative means; or
- Clause 9.1(e) (where you have failed to collect your Pick Up Order), we will provide a refund to you of any amounts paid by you.
10.1 We will charge you, and you agree to pay the purchase price of each Product that is Ordered, the Delivery Fee and any other fees and charges set out in these terms and conditions.
10.2 All prices and Delivery Fees on the Site are in Australian dollars (AU$). We reserve the right to alter prices and Delivery Fees for any reason at any time before you place your Order. Product availability and Product prices may vary between BIG W stores, catalogues and those found on this Site.
10.3 Orders for certain Products may be fulfilled by entities outside of Australia. If you purchase any such Products from the Site, as importer of those Products, you will be required, where their Customs value exceeds the threshold for GST-free imports ($1,000 as at August 2016), to make an import declaration to the Australian Customs and Border Protection Service and to pay the calculated duty, GST and other taxes and charges. You authorise the supplier to arrange for a third party to complete the Customs and Border Protection requirements. Products which are supplied by an overseas vendor will be marked as such on your Order. Refer to www.customs.gov.au for up-to-date information about importing goods.
10.4 BIG W will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of BIG W.
10.5 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 stores for the same Product and we are not obliged to match any prices.back to top
11.1 You may pay the fees and charges for an accepted Order (excluding any lay-by Orders) with any of the following payment methods and such other payment methods as specified on the Site from time to time:
- Woolworths Everyday Money® Credit Card;
- American Express;
- Diners Club;
- Debit cards displaying a Visa or Mastercard logo; and or
11.2 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card or PayPal payment) for an Order that has been accepted by us, then we may cancel your Order.
11.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted Order.
11.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
11.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the Order.back to top
12.1 The BIG W Returns & Exchange Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you suspect that a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us by calling 1300 244 999.
12.2 If you consider that a Product was delivered to you in a damaged or defective condition, you should contact the BIG W Call Centre on 1300 244 999 or follow the returns instructions supplied with the Product.back to top
13.1 Products sold on this Site come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.
13.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantee provisions of the Australian Consumer Law in relation to the sale of Products or our liabilities under those provisions:
- you acknowledge that the 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;
- we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
- we will not be liable to you for Indirect Loss arising from or connected to this agreement in contract, tort, under any statute or otherwise unless such loss arises as a result of our own negligence or wilful misconduct.
13.3 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.back to top
14.1 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:
- the breach cannot be remedied; or
- you fail to remedy the breach within 10 days of our notice to you of that breach; or
- if there is an emergency.
14.2 We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and we will refund to you all valid payments received by us for those Products.
14.3 You may cancel your account at any time for any reason provided that:
- any outstanding matters are resolved (such as a suspension on your account); and
- you have paid all outstanding amounts owed by you.
15.1 We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site.
15.2 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
15.3 For any future Orders, these terms and conditions may be different and and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your Order.back to top
16.1 We may collect personal information, such as your name, address and other contact details, primarily for the purpose of and incidental to selling and promoting our products and services to you (including Pick Up Orders). We may also use your personal information to consider any requests you make of us, for research and analytical purposes, to perform administrative functions and to comply with our legal obligations.
16.3 It is usual for us to disclose your personal information within BIG W and its related entities and we may also pass your personal information on to persons, companies or other entities who perform functions or services on our behalf, such as IT services, mailing functions, call centre, gateway providers, organisations that assist us to check for or prevent unauthorized or fraudulent transactions, or where otherwise required by law. Some of those companies we may disclose personal information to may be located overseas, including in New Zealand and the United Kingdom.
16.4 We will request that any organisation to which your personal information is disclosed also treats the information as confidential.
16.6 If you have an enquiry about privacy, you can contact us by email at email@example.com or by telephone on 1300 908 631. Our lines are open Monday to Friday 8:00am to 5:00pm (AEST). Alternatively, you can write to the Privacy Officer - Woolworths Group Limited, PO Box 8000, Baulkham Hills NSW 2153.back to top
17.1 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.
17.2 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.
17.3 You alone, and not BIG W, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.back to top
18.1 All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents is owned by, and will at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible through the Site, and is protected by Australian and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to you.
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any material on the Site without our prior written consent;
- must not frame or embed in another website any of the material appearing on the Site without our prior written consent;
- may store a reproduction of the content on the Site on your local computer for the sole purpose of viewing the content; and
- may print hard copies of the content for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
18.3 You must not use any of the marks or trademarks appearing on the Site or our name or the names of our related companies 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 our suppliers) without obtaining the relevant third party owner’s consent.back to top
19.1 Risk and title in Products passes to you:
- in relation to Orders (other than Pick Up Orders), on the date and time of delivery to the delivery address; or
- in relation to Pick Up Orders, on the date and time of collection by you, or your nominee, from a BIG W store.
We attempt to be as accurate as possible and use our best endeavours to ensure, but do not warrant, that any information provided by our suppliers, including in relation to Product descriptions or other content of this Site, is accurate, complete, reliable, current or error-free.back to top
There are links on the site which direct you to a third party website owned and operated by another company other than BIG W, for example BIG W Photos and BIG W Vision. The Terms and Conditions of those sites are individual to the site that you are visiting and should be reviewed and agreed upon in accordance with their Terms and Conditions. The Terms and Conditions will specify who you will be entering into a contract with on that site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.back to top
By participating in the Woolworths Rewards program, you agree to comply with and be bound by the Woolworths Rewards Terms and Conditionsback to top
Capitalised terms used are defined in these terms and conditions. In these terms:
BIG W Returns & Exchange Policy means the returns policy detailed at http://www.bigw.com.au/returns.
Classification Board means the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cth).
Pick Up Order means any Order that must be picked up by you, or your nominee, at the preselected BIG W store.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
Delivery Fee means the delivery fee notified to you at the time you place your Order.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
Indirect Loss means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss or corruption of data, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
Intellectual Property means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
MA 15+ means the MA 15+ classification in the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
Order means any order for a Product placed on the Site. Unless otherwise indicated in this document, a reference to Orders includes Pick Up Orders.
Personalised Product means Products which have been personalised in accordance with the personalisation details provided by you.
Product means each good or service that is advertised on the Site.
R 18+ means the R 18+ classification in the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
Restricted Film means a film that has been classified MA 15+ or R 18+ by the Classification Board.
Restricted Game means a computer game that has been classified MA 15+ or R 18+ by the Classification Board.
Restricted Product means a Restricted Film, Restricted Game or any other Product referred to in clause 6 of these terms and conditions.
Site means the shopping site operated by BIG W and branded BIG W at http://www.bigw.com.au.back to top