Terms and Conditions

Terms & Conditions

Welcome to JWN Distributors. The website http://www.jwnshop.com/ and its associated features (“Site") is owned and operated by JWN Distributors Pty Ltd (ABN 12 641 985 677) (“JWN Distributors Pty Ltd”, “JWN”, "we", "our", "us").

  1. General

1.1    This JWN shopping site at http://www.jwnshop.com/, is a shopping website where you can browse, select and order products advertised on the Site from JWN.

1.2    Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

1.3. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

  1. Your agreement to the terms and conditions

2.1    By accessing and using the Site, including placing orders of Products through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy);

          (a)     by completing your registration through the Site; and

          (b)     using the Site to obtain Products from us.

  1. Registration

3.1    You must complete the customer registration process through the Site before placing an Order for Products through the Site.

3.2    You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.       You may not have more than two accounts per delivery address.

3.3    If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

  1. Privacy and Commercial Electronic Messages 

4.1    Our privacy policy is available here and forms part of these terms and conditions. You acknowledge and agree to our privacy policy, collection notice and cookies statement when you use the Site and the Site's related services, including purchasing goods and services from us using the Site.

4.2    You agree that we may send you commercial electronic messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, phone and mail) where you have not opted out (as described below) from receiving such electronic messages sent to you by JWN via those channels or media. Your agreement to receive commercial electronic messages from us will be effective until you opt out.

4.3    You may opt out of the receipt of commercial electronic messages, by using the unsubscribe facility in the footer of any commercial electronic message. If you tell us you opt out of the receipt of such material, you will only receive information we are required by law to provide to you or factual information directly about your account, including changes to these terms and conditions and/or our collection notice, privacy policy, account transactions or other information relating to products you have purchased.

4.4    Opting out of receiving commercial electronic messages from JWN Shopping will not withdraw your consent to receive messages from other JWN brands. Any consent you have provided to receive commercial electronic messages from other JWN brands are governed under separate terms and conditions that apply to those other JWN brands. If you would like to opt out of other JWN brands, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

  1. Placing an Order for Products

5.1    You may order Products by selecting and submitting your Order through the Site in accordance with these terms and conditions.

5.2    Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order.

5.3    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.

5.4    You agree to provide us with current, complete and accurate details when asked to do so by the Site.

5.5    Please note the minimum purchase amount for each purchase order is $25.00 excluding the Delivery Fee. If your total order value is less than $25.00, JWN Shop will not allow you to complete your purchase order on the checkout page and will include a pop-up message to state the items in your cart cannot be shipped to your address.

  1. Acceptance or rejection of an Order

6.1    We reserve the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.

6.2    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.

6.3    If we reject an Order placed through the Site, then 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.

  1. Not Used
  1. Minimum and maximum amounts in each Order

8.1    You are not permitted to purchase any items for resale to a third party or for trade purposes. If we have a concern with the quantity of item/s you have ordered, then we may contact you when you place the Order or within a reasonable time after you submit your Order.

8.2    If you wish to place an Order that differs from our ordering requirements, then you will need to contact our Customer Service via email info@jwnshop.com.au   If we agree to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than our usual delivery times for standard orders. In this regard, we recommend that you allow at least 3 days between ordering and delivery or such other time that we notify you of at the time we accept your Order.

8.3    If we reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us without notice to you.

  1. Delivery of Products

9.1    We do not accept or deliver orders outside of Australia.

9.2    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. 

9.3 Not Used

9.4    You may obtain further information on the Site about our delivery timeframes and how we deliver your Products. Although we endeavour to deliver the Products within the timeframe stipulated on our website under Shipping policy, these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and JWN will not provide any refund or discount on your Order or Delivery Fee for late deliveries.

9.5    Not Used.

9.6    Not Used

9.7   Your shipment will arrive via Aramex Fastway, Sendle, or Australia Post Couriers depending on the weight and location address for delivery. A tracking number may be available for each parcel posted out by JWN Shop which may be provided to you at the time of your order. Please allow 2-5 business days for your delivery after your Order has been shipped. Unless requested by the carrier, we do not require a signature for delivery. By default, all parcels shipped from JWN SHOP are shipped out under ATL Shipment (Authority To Leave).  If nobody is home to collect your order, our courier will leave your parcel in a safe place at the premises you selected. If the courier finds there is no safe place to leave your order, they will reattempt to deliver your order for a second delivery attempt. The courier may leave a calling or collection card or send you an email for you to personally arrange collection of your parcel if nobody is present for the delivery after two attempts.  If you believe nobody will be home at the delivery address you chosen, we recommend delivery to a commercially zoned business address where you will be available to collect your order. Please note, we will not be held liable or responsible for parcels that go missing or become lost after it has been delivered to your selected premises.

9.8    You agree that we will not be responsible for any loss or damage caused to your property or suffered by you in connection with our delivery of the Products to the Delivery Address.

9.9    You agree to comply with certain delivery requirements specified in these Terms and Conditions and such other requirements that we notify to you when you place your Order through the Site.

9.10 If your Order contains a Restricted Product, then you must be present to accept the delivery of that Order and, at our request, provide us with photographic identification. You will not be able to place an order using the “leave order unattended” or “self-isolation” options (described above) if your Order contains a Restricted Product.

9.11 We will 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.

9.12 If there is no one or no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the Order, and are not present at the time of delivery, or otherwise required to be present at the time of delivery and you are not present at that time, or if we cannot access the Delivery Address, or if we cannot access your nominated spot or determine a suitable spot to deliver your Order (for unattended deliveries), then:

          (a)     we will not deliver the Products you have ordered; and

          (b)     we may charge you a fee and issue charges for any perishable Products in your Order that we have accepted.

          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 that replacement delivery.

  1. Bulk Orders and Remote Delivery

Bulk Orders

10.1 If we classify an Order as a “Bulk Order”, your Order may attract a handling charge depending on the size of your Order. Examples of orders that we classify as “Bulk Orders” are as follows:

          (a)     Order of Products over normal retail quantities;

          (b)     Orders that total over 25kg will be subject to a bulk delivery fee, as they require special handling and transport allocation; and

    10.2 If your Order is a Bulk Order, you will receive an automated message prior to payment to stipulate that your order is above 25kg. Please email us immediately via email to obtain the exact shipping charges to post your order to you.

10.3 If you are unsure whether your Order is a Bulk Order and would like to find out the exact handling charge payable in respect of your Order before you place your Order, please contact our Customer Service Centre by emailing us on info@jwnshop.com.au

 Remote Delivery

10.5 Not Used

  1. Fraud and risk assessment

11.1  We have processes in place to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order. If you are unsure whether the person contacting you is from JWN, please contact our Customer Service Centre via email to info@jwnshop.com.au

  1. Risk and title

12.1  Where Products are delivered by us, risk in the Products passes to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).

          Title to the Products passes to you on the later of the date and time of:

(a)     payment for those Products;

          (b)     delivery of those Products to the Delivery Address (including unattended deliveries at the Delivery Address); and

  1. Cancelling an Order

13.1  We may cancel any Order or part of an Order (including any Orders that we have accepted) without any liability to you for that cancellation at any time if:

          (a)     the requested Products in that Order are not available; or

          (b)     there is an error in the price or the product description posted on the Site in relation to the relevant Product in that Order; or

          (c)     that Order has been placed in breach of these terms and conditions.

13.2  If we cancel an Order in accordance with:

          (a)     clause 13.1(a) or 13.1(b) (where product is unavailable or there is a pricing or product description error): we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled Order. If any payment has been taken for the cancelled Order, then the full payment amount, including any Delivery Fee, Bag Fee, or other fees and charges, will be refunded to your original payment method or through an alternative means.

          (b)     if your Order is cancelled under clause 13.1(c), or where you are in breach of these terms and conditions, we will provide you with reasonable notice of that cancellation. If your Order is cancelled before the day of delivery or collection, depending on the payment method used, we will either not charge you, or if we have taken payment for the Order at the checkout then we will refund the full amount paid, including any Delivery Fee, Bag Fee, and other fees and charges, to your original payment method or through an alternative means. If your Order is cancelled on the day of delivery or collection, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made and will refund you any excess amount to your original payment method or through an alternative means.

  1. Fees and charges

14.1  We will charge you, and you agree to pay, the following fees and charges in relation to an Order that we accept (as applicable):

          (a)     the purchase price of each Product that is ordered;

          (b)     the delivery fee provided to you at the time you selected the relevant delivery window when placing your Order or the delivery fee shown on the site and displayed when you place your Order (“Delivery Fee”);

          (d)     the cancellation fee for an Order that is cancelled as set out in clause 13.3(b)(ii); and

          (e)     any other fees and charges set out in these terms and conditions.

14.2  All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.

14.3  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 supermarkets for the same Product.

14.4 You acknowledge that:

          (a)     we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through other Sites or vice versa.

14.5  Just like in other Sites, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your Order, we will not change any prices that apply to the Products in that Order.

14.6  If a Product that you have ordered is not available and we have not provided you with a substitute or the Product is a weight ranged product and is supplied below the maximum weight then:

          (a)     where we only pre-authorised payment for your Order at the checkout, we will deduct the value of any items not provided from the full amount we charge you at the time we pick your Order; or

          (b)     where we have taken payment for your Order at the checkout, we will provide you with a refund within 3-5 business days to your original payment method or alternative means to the value of the Products (excluding Delivery Fees) that were not supplied to you. Where your Order was paid for by two or more different payment methods, we will first process your refund onto your nominated debit or credit card up to the value that was paid for by debit or credit card and if the refund amount exceeds the amount paid by debit credit card, we will provide the remainder of the refund to the alternative payment methods used.

  1. Payment methods

15.1  You must pay the fees and charges online using the online payment methods in clause 15.2.

15.2. We accept the following credit cards:

          (a)     Visa and Visa Debit;

          (b)     MasterCard and MasterCard Debit;

          (c)     American Express;

15.3  If we are unable to successfully process your payment for your Order that is accepted by us, then we may notify you of dishonour and cancel your Order.

15.4  For some payment methods (including debit and credit cards) we may pre-authorise the amount payable for your Order and only charge you the full amount adjusted to account for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. For other payment methods we may not be able to do this, and may charge you the full amount at the checkout and refund you for any out of stock items or weight ranged products supplied below the maximum weight at the time we pick your Order. You authorise JWN to pre-authorise and/or debit the amount that is payable for an accepted Order from your nominated credit card to pay for the fees and charges.

15.5  You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

  1. Substitution or missing items in delivery

16.1  You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.

16.2  For Orders, if you select the substitute option for some or all of your Products in an Order, then we will endeavour to provide you with a substitute Product:

          (a)     when the Product you have selected is not available; or

          (b)     if we are not able to supply to you the Product that you have selected.

          We aim to select substitute Products that are of similar value and quality, but (subject to clause 16.5) we reserve the right not to provide you with a substitute Product even if a suitable substitute Product is available.

16.3  Not used

16.4  For Orders, if selected by you, then we will endeavour to provide you with a substitute Product where the price for that substitute Product is of equal or greater value than the Product you selected. If so, then we will charge you the price of the Product you ordered rather than the price of the substitute Product.

16.5  If there are items missing from your delivery or collection, then you should check the receipt that we provided to you to determine if the missing Product is marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Products that were not supplied.

16.6  In all other circumstances, you may contact Customer Service on info@jwnshop.com.au during Contact Hours within 24 hours after the delivery or collection time and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, provide you with a credit to your relevant card account within 3-5 business days for the Products that were charged but not delivered to you.

  1. Returns

17.1  The JWN Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions.

17.2  No return or refund requests will be accepted on any orders purchased through our site for any or all of the following reasons:

  • You have changed your mind.
  • You found the product cheaper elsewhere
  • You do not like the item ordered or it did not meet your expectations.
  • You purchased the wrong item.

17.3  We aim to provide you with products of the highest standard and quality.  If you have received a product with a defect, please contact us within 24 hours of receipt so we can guide you through the returns process and help resolve the problem as swiftly as possible.  In order to assist the return process, you may be required to send us images of the damage, defect or fault for preliminary assessment.  You may be asked to provide further information to support your claim to assist us with our assessment of the goods.

17.4  If the product is confirmed to have a defect, we will replace or repair the product or refund the price of the product to your original payment method, as appropriate.  If the product is found not to have a defect or deemed out of warranty, we will contact you to determine whether you want us to dispose of the product or return the product to you at your expense.

17.5  It does not constitute as a defect if in our reasonable opinion a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

17.6  We monitor return rate frequency and value for fraud, abuse and general security purposes. In the event of elevated return frequency and values, we are entitled to close or block access to your Account or deny you from making future orders. 

17.7  Not Used

17.8  The JWN Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law. Our liability to you under this agreement is otherwise limited as set out in clause 23 below.

  1. A Terms and Conditions of JWN App

By using this JWN Application (App), you agree to be bound by our terms and conditions on jwnshop.com. Using this Application also involves you providing your personal information and location to us and agreeing that we may disclose your personal information to third party service providers who assist us to provide any of the Application services. Please refer to our privacy policy.

When accessing this App, we need you to be aware of the following product and service specific information:

18.1  Safety - This App is not intended to be used while driving. You must comply with the Road Rules and not use the Application or your mobile device in any manner contrary to the Road Rules. The Road Rules provide that it is an offence for a driver to use a mobile phone that the driver is holding in his or her hand

18.2  Pricing - The purchase price of each Product is shown on the Product Detail page in the App at the time you place your order. The purchase price of each Product will depend on which mode of delivery you have selected.

You acknowledge that:

          (a)     we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the App or vice versa; and

18.3  Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.

18.4  Privacy Policy - JWN is committed to supporting the 'Australian Privacy Principles ' which set clear standards for the collection, access, storage and use of personal information which we obtain as part of our business operations. Our respect for our customers' right to privacy of their personal information is paramount. We have policies and procedures to ensure that all personal information, no matter how or where it is obtained, is handled sensitively, securely, and in accordance with the Australian Privacy Principles.

18.5  Restricted products - If you are under 18 years of age, you may not use the App to place an order for sharp objects such as knives, blades, saws or any related sharp objects. It is JWN’s policy to check ID upon delivery of anyone who appears under 25.

18.6  General Merchandise phone network products - Subject to terms, conditions and limitations imposed by mobile service provider. Please check with service provider or our Customer Service for full details.

18.7  Health and Wellbeing - The information and recipes contained within this App is for general information purposes only; it should not be considered professional medical advice. Please consult your doctor for specific nutritional needs.

18.8  App usage - This App has been tested and operates on open source third generation and above. By using this app you agree that the Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application.

  1. Your general obligations

          You:

          (a)     must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;

          (b)     must notify us through Customer Service via email to info@jwnshop.com.au during Contact Hours if you are or become aware that there is or has been an unauthorised use of your Login ID and password or account, or any other security breach relating to your account;

          (c)     must promptly advise us of any changes to your information provided to us as part of the customer registration process;

          (d)     not used

          (e)     are responsible for any costs associated with your access to or use of the Site, including Internet access fees;

          (f)      are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;

          (g)     agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and

          (h)     should check the labels on the Products before consumption or use.

  1. General restrictions

          You must not:

          (a)     use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;

          (b)     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 our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;

          (c)     make fraudulent or speculative enquiries, purchases or requests through the Site;

          (d)     use another person’s details without their permission or impersonate another person when using the Site;

          (e)     post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;

          (f)      tamper with or hinder the operation of the Site;

          (g)     knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

          (h)     use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;

          (i)      modify, adapt, translate or reverse engineer any portion of the Site;

          (j)      remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

          (k)     reformat or frame any portion of the web pages that are part of the Site;

          (l)      create accounts by automated means or under false or fraudulent pretences;

          (m)    use the Site to violate the security of any computer or other network or engage in illegal conduct;

          (n)     take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;

          (o)     use the Site other than in accordance with these terms and conditions; or

          (p)     attempt any of the above acts or engage or permit another person to do any of the above acts.

  1. Suspension of account

21.1  We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner. JWN also reserves the right to otherwise cancel Orders in accordance with clause 13.

21.2  If we lock, suspend or delete your account under clause 21.1, then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.

  1. Warranties

          You warrant that:

          (a)     all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

          (b)     the person receiving the Products at the Delivery Address or collecting the Products on your behalf is authorised by you to do so; and

          (c)     you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.

  1. Liability

23.1  Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and 
  • to a refund for the unused portion, or to compensation for its reduced value.

          You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

23.2  Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or JWN's liabilities under those provisions:

          (a)     you acknowledge that each 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;

          (b)     we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and

          (c)     we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

23.3  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.

  1. Termination

24.1  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:

          (a)     the breach cannot be remedied;

          (b)     you fail to the remedy the breach within 10 days of our notice to you of that breach; or

          (c)     if there is an emergency.

24.2  You may stop using the Site at any time and for any reason.

24.3  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 by this 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 will refund to you all valid payments received by us for those Products.

  1. Intellectual property rights

25.1 You:

          (a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;

          (b)     must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and

          (c)     must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

25.2  You may:

          (a)     store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and

          (b)     print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

25.3  This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate 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.

  1. Changes to these terms and conditions

26.1 We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

26.2  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.

  1. General

27.1  The Site may contain links to external websites that are not operated by us or our related bodies corporate.

          These links are provided for your convenience only and you agree that:

          (a)     we make no representations or warranties, or have any responsibility or liability for those websites; and

          (b)     these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

          You agree that you access and use the products and services made available at those sites solely at your own risk.

27.2  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.

27.3  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.

27.4  JWN attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.

  1. Definitions

Capitalised terms used are defined in these terms and conditions. In these terms:

Contact Hours means Customer Service operating hours, Monday to Friday 6.00 am to 12.00 am (6am to 1am in daylight saving time), Saturday 6.00 am to 10.30 pm and Sunday 6.00 am to 10 pm Australian Eastern Daylight Time.

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, or for Gift Ideas Orders, delivery address means the address(es) specified by you for delivery. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we deliver the Products.

Delivery Fee has the meaning given in clause 14.1(b).

Grocery Product means each Product that is not a Gift Ideas Product.

Order means an Order that contains one or more Grocery Products.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

LoginID means the email address that you provided to us as part of the registration process to use the Site.

Order means any order for a Product or Products submitted using the Site and includes Grocery Orders and Gift Ideas Orders.

Product means each good or service that is advertised on the Site.