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Woolworths Online and Everyday Market from Woolworths Terms and Conditions

If you're shopping on Woolworths Online and Everyday Market via woolworths.com.au or the Woolworths mobile application, these terms and conditions will apply to you. If you’re shopping via the Woolworths mobile application, the additional product and service specifications detailed in clause 6.7 (Woolworths App) will apply to you. If you’re shopping as or on behalf of a business, the additional requirements under clause 6.8 (Access and use of the Site as a Business Customer) will apply to you.

These terms and conditions are important and you should read them fully. But there are some specific terms we wanted to make you aware of. These are set out below.

  • Site availability: We may stop making our Site available without prior notice. However, if we do, any Orders made won’t be affected unless the relevant products are no longer available or we or one of our partners are prevented from supplying those products. (see clause 1.6(c) for more details).
  • Cancellations by us: Woolworths and our Everyday Market Partners may cancel your Order for certain reasons and may reject your Order for any reason. If Woolworths or an Everyday Market Partner cancels or rejects your Order, they will endeavour to provide you with notice of that. Any payments made will be refunded in accordance with these terms. (see clauses 3.1, 3.9 and 4.2 for more details).
  • Cancellations by you: If you cancel your Woolworths Order on the day of delivery or collection, you may have to pay a cancellation fee of no more than $20 plus the charges of any perishable Products. Before Woolworths can process any such fees or charges Woolworths will provide notice to you of the additional fees or charges payable (see clause 3.11(a)(ii)B for more details).
  • Unable to deliver a Woolworths Order: If there is no one or no appropriate person at the Delivery Address to receive the Woolworths Order, Woolworths cannot access the Delivery Address or nominated spot or there is no suitable spot to deliver your Woolworths Order (for unattended deliveries), you may have to pay a fee of $25 and the charges for any perishable Products in your Woolworths Order. Woolworths 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. Before Woolworths can process any such fees or charges Woolworths will provide notice to you of the additional fees or charges payable. (see clause 3.4(h) for more details).
  • Referral fee: Woolworths may receive a referral fee and/or other financial benefits from Everyday Market Partners in connection with your purchase of an Everyday Market Product from the relevant Everyday Market Partner via our Site.
  • Our Liability (General): Woolworths is not liable for any external websites accessible on our site. (see clause 1.7 for more details).
  • Our Liability (Consumer rights): Without limiting your consumer law rights, Woolworths: (i) liability to you is in all other cases limited to the cost of re-supplying or repairing, or paying the costs of repairing any goods (ii) is not liable to you for any indirect or consequential loss other than where such loss arises as a result of our own negligence or wilful misconduct; (iii) is not responsible for the agreement between you and any Everyday Market Partner, including for the acceptance of Orders and supply and delivery of Everyday Market products; and (iv) our liability to you under these terms will be reduced to the extent you either caused or contributed to that loss or damage (see clauses 4 and 6.1 for more details).
  • Changes to Terms and Conditions: Woolworths may change these terms and conditions at any time. However, the terms and conditions current as at the time Woolworths accepts your Order will apply. Where such changes will have, in our reasonable opinion, a material detrimental impact on you, Woolworths will give you reasonable notice of updates to our terms and conditions. (see clause 6.3 for more details).
  • HealthyLife Pharmacy Products: When you order a HealthyLife Pharmacy Product via Everyday Market (including where you submit a prescription for dispensing) you will be bound by the terms and conditions of HealthyLife Pharmacy in relation to each transaction. HealthyLife Pharmacy’s terms and conditions can be found here. (see clause 5.1 for more details).

1. Site conditions of use

1.1 Introduction

      1. Thank you for shopping with us. Please read these terms and conditions before accessing or using the website at www.woolworths.com.au, www.woolworthsonline.com.au, or the Woolworths mobile application (each, a Site).

      2. The Site includes:

        1. Woolworths Online where you may purchase Woolworths Products sold by Woolworths; and

        2. Everyday Market where you may purchase Everyday Market Products sold by our Everyday Market Partners.

      3. The Site is operated by:

        1. Woolworths Group Limited (ABN 88 000 014 675) to the extent the Site is in respect of Woolworths Online; and

        2. Woolworths Marketplace Pty Limited (ABN 63 000 039 252) to the extent that the Site is in respect of the Everyday Market.

      4. Woolworths Group Limited and Woolworths Marketplace Pty Limited are collectively or individually referred to as Woolworths , us or we in these terms and conditions as the context provides.

      5. Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.

1.2 Your agreement to the terms and conditions

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.

1.3 Registration and use of your account

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

      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. 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.

      4. You 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.

      5. If there are changes to the information provided to us as part of the customer registration process, you must update your account details in a prompt manner.

1.4 Your obligations

      1. You:

        1. must notify us through our Customer Service Centre on 1800 000 610 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;

        2. must provide us with your date of birth to place an Order for a Restricted Product (for example, a Product that contains liquor, alcohol or tobacco) or where a relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;

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

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

        5. 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

        6. should check the labels on the Products before consumption or use.

      2. You must not:

        1. 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;

        2. 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;

        3. make fraudulent purchases or requests through the Site;

        4. use another person’s details without their permission or impersonate another person when using the Site;

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

        6. tamper with or hinder the operation of the Site;

        7. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;

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

        9. modify, reformat, adapt or reverse engineer any portion of the Site;

        10. remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;

        11. create accounts by automated means or under false or fraudulent pretences;

        12. use the Site to violate the security of any computer or other network or engage in illegal conduct;

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

        14. use the Site other than in accordance with these terms and conditions; or

        15. attempt any of the above acts or engage or permit another person to do any of the above acts.

1.5 Warranties

You warrant that:

  1. 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;

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

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

1.6 Suspension of account

      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.

      2. 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:

        1. the breach cannot be remedied;

        2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or

        3. if there is an emergency.

      3. We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have, or an Everyday Market Partner has, accepted will not be affected by this unless the Products that have been ordered are no longer available or we are, or an Everyday Market Partner is 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.

      4. If we limit, suspend or terminate your account under this clause 1.6, 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.

1.7 Links on the Site

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:

  1. we make no representations or warranties, or have any responsibility or liability for those websites; and

  2. 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.

1.8 Accuracy of information on the Site

Woolworths 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.

1.9 Safety and refusal or cancellation of Orders, delivery, or your account

  1. We are committed to ensuring the safety and protection of our staff and our delivery partner drivers. As such, we may:

    1. refuse to accept or cancel your Order/s;

    2. restrict or remove access to your account and/or ability to place an Order (whether in relation to your account details, or Delivery Address);

    3. refuse delivery of your Order or delivery of any order to your Delivery Address,

    or any such other action we deem necessary where we reasonably suspect that:

    1. you (or someone using your account details or present at the Delivery Address) have:

      1. verbally assaulted any of our staff (whether these staff are in-store, online or via Customer Care) or delivery partner drivers;

      2. physically assaulted or attempted to physically assault any of our staff or delivery partner drivers;

      3. engaged in any offensive, inappropriate or threatening behaviour;

      4. damaged or attempted to damage any of our delivery vehicles;

      5. engaged in any fraudulent or potentially criminal behaviour;

      6. have been issued with a banning notice for any physical store; or

    2. there is a hazard at the Delivery Address which creates an unsafe, dangerous or threatening situation for our staff or delivery partner drivers including (but not limited to):

      1. unsecured pets on the property; or

      2. an inaccessible or dangerous environment such as a very steep or long driveway.

  2. Where we do any of the above, we will use our best endeavours to notify you (either to the email address associated with the Woolworths account used to place the Order or using any other contact details provided to us) either at the time of the Order, delivery, pick up or within a reasonable time thereafter.

2. Ordering and purchasing Products generally

2.1 Ordering Products

      1. You may order Products (including Everyday Market Products) by selecting and submitting your Order through the Site in accordance with these terms and conditions.

      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.

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

      5. The following minimum amounts apply to Orders placed through the Site:

        1. $50.00 for each Direct to boot and Pick Up Woolworths Order excluding Bag Fee;

        2. $50.00 for each Delivery Woolworths Order, excluding the Delivery Fee, Bag Fee, Service Fee and any Crate Service Fee

        These amounts are subject to change by us from time to time, and will be communicated to you through the Site and/or in these Terms and Conditions.

      6. Products ordered via Everyday Market are supplied by Everyday Market Partners. This is the case for HealthyLife Pharmacy Products available via Everyday Market which are supplied in accordance with clause 5 (HealthyLife Pharmacy Products). HealthyLife Pharmacy Products ordered or prescriptions you submit for dispensing via Everyday Market will be submitted directly to Warren Turner trading as HealthyLife Pharmacy (ABN 80 166 810 779) (HealthyLife Pharmacy). HealthyLife Pharmacy supplies, sells and, as applicable, dispenses all HealthyLife Pharmacy Products which are available via Everyday Market.

2.2 Ordering and Sale of Restricted Products

      1. Sharp Objects and Tobacco

        1. If you are under 18 years of age, you may not use the Site to place an order for sharp objects such as knives, blades, saws or any related sharp objects or otherwise age-restricted products.

        2. You acknowledge that it is against the law to sell or supply tobacco products to, or obtain tobacco products on behalf of, a person under the age of 18 years.

        3. You warrant that you are not obtaining tobacco (including tobacco Products) on behalf of a person under the age of 18 years.

      2. Liquor products

        1. For Woolworths Orders containing liquor, we act as an agent on behalf of Endeavour Group Limited (ABN 77 159 767 843) (Endeavour). The sale of liquor via Woolworths Orders from this Site is accepted and fulfilled at the relevant licensed premises, as set out in the Liquor and Tobacco Licence page.

        2. For Everyday Market Products containing liquor, we act as an agent on behalf of the relevant Everyday Market Partner selling the Everyday Market Product. Liquor licensing details for an Everyday Market Partner are displayed on the relevant Everyday Market Product’s product details page. If accepted, the sale of liquor pursuant to the agreement to sell from this website is made at the Everyday Market Partner’s licensed premises.

        3. Your contract of sale is with the relevant licensee at the relevant premises from which your order is accepted and fulfilled. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the liquor licence, compliance with applicable laws, certification and evidence of you being over 18 years of age, and the availability of stock and the liquor.

        4. You acknowledge that it is against the law to sell or supply alcohol products to, or obtain alcohol products on behalf of, a person under the age of 18 years.

        5. You warrant that you are not obtaining alcohol (including liquor Products) on behalf of a person under the age of 18 years.

        6. For Woolworths Orders containing liquor, Woolworths reserves the right to check ID at the point of purchase through a third party verification service.

        7. Woolworths and Endeavour reserve the right to not fulfil or deliver liquor or other Restricted Products if we are required not to fulfil or deliver such items in order to meet our legal obligations.

        8. You are not permitted to purchase any liquor or other age-restricted 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, cancel your order and/or reduce the size of the Order.Refer to information about retail purchasing limits here. If payment has been taken for your Order and your Order is cancelled under this clause, 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. If payment has been taken for your Order and your Order is reduced in size or part of your Order is cancelled under this clause, then the amount paid for the part of your Order that has been cancelled will be refunded to your original payment method or through an alternative means.

2.3 Fees and charges

      1. You agree to pay, the following fees and charges in relation to an Order that you place through the Site which is accepted (as applicable):

        1. the purchase price of each Product that is ordered;

        2. the fee for the bags for your Woolworths Order if you use our Pick Up Service or if you select for your delivery order to be delivered in bags (Bag Fee). The Bag Fee is a flat fee for providing the bags and service and may be subject to change upon notice;

        3. the delivery fee provided to you at the time you selected the relevant delivery window when placing your Woolworths Order or the delivery fee shown on the site and displayed when you place your Woolworths Order using our Delivery Now service (Delivery Fee);

        4. the service fee provided to you at the time you selected the relevant collection window when placing your Woolworths order or the service fee shown on the site and displayed when you place your Woolworths Order using our Direct to boot Now service (Service Fee);

        5. if your Order includes an Everyday Market Order, the shipping fee provided to you at the time you place your Everyday Market Order ( Everyday Market Shipping Fee);

        6. the cancellation fee for a Woolworths Order that is cancelled as set out in these terms and conditions (provided prior notice that such a fee will be charged is provided to you); and

        7. any other fees and charges set out in these terms and conditions.

      2. All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable. In respect of Everyday Market Products, where a Product contains taxable and non-taxable parts (i.e. a 'mixed supply' product such as a hamper) GST is apportioned on the basis of the taxable parts of that Product and rounded up to the nearest whole percentage (i.e. GST may not be apportioned on the basis of the taxable parts of that Product only). GST will be remitted by the relevant Everyday Market Partner to the Australian Taxation Organisation on this basis.

      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 or in other sales channels for the same Product.

      4. We reserve the right to amend, at any time, the Delivery Fee or Service Fee for our Woolworths Order services.

      5. You acknowledge that:

        1. we, and our Everyday Market Partners, are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our supermarket or in other sales channels, or vice versa; and

        2. all pricing displayed on the Site may differ depending on the postcode you have selected (for example, the price for a Product in Sydney may differ to the price for that same Product in Melbourne).

      6. Just like in our supermarkets, prices for Products change from time to time and we do not provide any prior notice of these changes. Subject to these terms and conditions, once your Order has been accepted, no changes will be made to the prices that apply to the Products in that Order.

      7. If a Product that you have ordered is not available and we have not provided you with a substitute (product substitution only applies if the Product is a Woolworths Product) or the Product is a weight ranged product and is supplied below the maximum weight then:

        1. 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

        2. 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, Services Fees, Everyday Market Shipping Fees, Bag Fees and Crate Service 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.

2.4 Payment methods

      1. You must pay the fees and charges online using the online payment methods in clause 2.4(b).

      2. We accept the following payment methods:

        1. Visa and Visa Debit;

        2. MasterCard and MasterCard Debit;

        3. American Express;

        4. Diners Club;

        5. PayPal;

        6. Woolworths issued gift cards (if Woolworths Online is a participating retailer in the relevant gift cards terms and conditions); and

        7. any other payment method notified to you and displayed as an accepted payment method on the Site.

      3. If we are unable to successfully process your payment for your Order that has been accepted by us, then we may notify you of the unsuccessful payment and cancel your Order.

      4. You authorise Woolworths 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.

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

2.5 Invoices

      1. If you purchase Woolworths Products and Everyday Market Products in the same Order, the total amount of the Order will be processed in one payment transaction. However, you will be provided with separate invoices for Woolworths Products and Everyday Market Products.

      2. We will provide you with a receipt for the Woolworths Products in your Order at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the Order and the out of stock items. Where we have charged you for the Woolworths Products in your Order at the time your Order was confirmed, the receipt will also include the dollar value refunded to your card of purchase for any out of stock items or weight ranged items supplied below the maximum weight.

      3. For Everyday Market Orders, the relevant Everyday Market Partner will provide you with an invoice. Invoices are downloadable from the 'My Invoices' section of your Woolworths account.

2.6 Fraud and risk assessment

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 Woolworths, please contact our Customer Service Centre on 1800 000 610 during Contact Hours.

3. Woolworths Products

3.1 Acceptance or rejection of a Woolworths Order

        1. We reserve the right to accept or reject your Woolworths 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 Woolworths Order.

        2. Each Order placed for a Woolworths Product through the Site that we accept results in a separate binding agreement between you and us for the supply of that Product. For each Woolworths Order accepted by us, we will supply each Product in that Order to you in accordance with these terms and conditions.

        3. If we reject a Woolworths Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place that Order or within a reasonable time after you submit that Order. If any payment has been processed for a Woolworths Order that has been rejected or a part of a Woolworths Order that has been rejected, we will refund the relevant amount in accordance with clause 3.10.

3.2 Product purchase limits

    1. Unless otherwise indicated on the Site, you may only purchase up to 36 items of a particular Woolworths Product in each Woolworths Order (there may be lower limits for particular Woolworths Products or particular States or Territories as determined by us, and notified to you, from time to time). We will inform you of these limits on the Site when you place the Woolworths Order or within a reasonable time after you submit your Woolworths Order.

    2. 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 Woolworths Order or within a reasonable time after you submit that Order.

    3. If you wish to place a Woolworths Order that differs from our ordering requirements, then you will need to contact our Customer Service Centre on 1800 000 610 during Contact Hours. 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. We reserve the right to agree or refuse an Order that differs from our usual requirements on each occasion in our sole and absolute discretion.

    4. 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 rejected or cancelled by us and we will notify you of such cancellation either prior to or within a reasonable period after rejecting or cancelling an Order.

    3.3 Delivery of Woolworths Products

      1. We will only deliver Woolworths Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your Woolworths Order and these are described at the point of checkout.

      2. You may obtain further information on the Site about our delivery timeframes and how we deliver your Woolworths Products. At the time you select your Woolworths Products you will be given an option to select a timeframe for delivery. Although we endeavour to deliver within the timeframe provided at the time of your Order these timeframes are indicative only. Delivery times may be delayed due to traffic or other unforeseen circumstances and Woolworths will not provide any refund or discount of your Woolworths Order or Delivery Fee for late deliveries.

      3. If you select the “leave unattended” option for your Woolworths Order, we will endeavour to contact you at the Delivery Address or on your nominated telephone number once we arrive at the Delivery Address. If we cannot contact you, we will leave your order unattended at your nominated spot at the Delivery Address or such other spot which we determine is suitable for delivery at the time.

      4. We may deliver your Woolworths Order using a “contactless delivery service” and will deliver the Woolworths Products to the front door at the relevant Delivery Address, take a photo of the Woolworths Products to confirm delivery and knock on your door or otherwise attempt to notify you of your delivery. You must be present at the Delivery Address to accept a “contactless delivery” however you will not be required to provide a signature upon delivery. We ship small items (eg. gift cards) in your Woolworths Order via standard Australia Post letter delivery.

      5. You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your Woolworths Order through the Site.

      6. If your Woolworths Order contains a Restricted Product, then you must be present to accept the delivery of that Woolworths Order and, at our request, provide us with photographic identification.

      7. We will require the person accepting the delivery of your Woolworths Order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the Woolworths 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.

      8. 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 Woolworths Order, or you are 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 Woolworths Order (for unattended deliveries), then:

        1. we will not deliver the Woolworths Products you have ordered; and

        2. we may charge you a fee of up to $25.00 and the charges for any perishable Products in your Woolworths Order that we have accepted provided that before we process any such fees or charges we provide notice to you of these additional fees or charges payable.

          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.

      9. You:

        1. acknowledge and agree that any person at the Delivery Address who receives the Woolworths Order is authorised by you to receive your Woolworths Order and, where relevant, make payment for that Woolworths Order;

        2. will ensure that the person receiving any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and

        3. will ensure that Restricted Products are not delivered to unattended locations if required under applicable laws.

      10. You acknowledge that we may record the details of any identification provided in relation to delivery of Woolworths Products.

      11. Your Woolworths Order may be delivered by our staff or by our delivery partner drivers. Please note that our delivery partner drivers do not wear Woolworths uniforms, and while many of your Woolworths Orders will be delivered in vehicles with Woolworths branding by either our staff or by our delivery partner drivers, there may be some Woolworths Orders that are delivered in plain vehicles.

    3.4 Delivery Now and Direct to boot Now Woolworths Orders

    1. If you wish to order Woolworths Products using our Delivery Now service, you agree to comply with the following additional conditions:

      1. You acknowledge that Delivery Now is only available to selected delivery areas as shown on the Site for Woolworths Products.

      2. You can order and we can deliver a maximum of 50 Woolworths Products (excluding Bulk Orders and selected items) or such other maximum number of Woolworths Products as notified on the Site from time to time through our Delivery Now service. The range of Woolworths Products that you can order and we can deliver using our Delivery Now Service will also be notified on the Site from time to time.

      3. In accordance with clause 3.11(b), you acknowledge that you cannot cancel your Delivery Now Order once it has been placed.

    2. If you wish to order Woolworths Products using our Direct to boot Now service, you agree to comply with the following additional conditions:

      1. You acknowledge that Direct to boot Now is only available at selected Direct to boot Locations as shown on the Site for Woolworths Products.

      2. You can order and we can deliver a maximum of 50 Woolworths Products (excluding Bulk Orders and selected items) or such other maximum number of Woolworths Products as notified on the Site from time to time through our Direct to boot Now service. The range of Woolworths Products that you can order using our Direct to boot Now Service will also be notified on the Site from time to time.

      3. In accordance with clause 3.11(b), you acknowledge that you cannot cancel your Direct to boot Now Order once it has been placed.

    3.5 Woolworths Pick Up Service

    1. During the ordering process, you can select a store from which you will collect your Woolworths Order (Pick Up Service). Our Pick Up Service is only available from selected stores as shown on the Site.

    2. If you select to use our Pick Up Service, you must select whether your Woolworths Order is to be made available at the store:

      1. in bags; or

      2. where available for your selected store, through our free “BYO bags” service.

    3. The “BYO bags” service is only available for selected stores. If you select the “BYO bags” service, your Woolworths Order will be made available at your selected store in a trolley. In order to collect that Order, you agree to bring your own bags and re-pack your Woolworths Order from the trolley into your bags at the store. For food safety reasons, you may find that some of the Products in that Woolworths Order have been made available for collection in produce bags or reusable bags.

    4. You agree to comply with the following collection requirements specified in this clause and such other requirements that we notify to you when you place your Pick Up Service Order through the Site:

        1. you must collect your order from the store selected by you when you place your order;

        2. while our staff will be available to assist where possible, if you select to have your Woolworths Order made available through our “BYO bags” service, you are responsible for unpacking your Woolworths Order from the trolley provided into your own bags;

        3. if you are collecting your Woolworths Order from a store:

          1. photographic identification and a signature must be provided when you collect your Woolworths Order; and

          2. the card used for payment may be required to be shown when you collect your Woolworths Order.

        4. if you (or your representative) are collecting your Woolworths Order from a locker:

          1. you will be provided with a collection code to retrieve your order from the locker; and

          2. you (or your representative) will be under video surveillance (which may be recorded) when collecting your Woolworths Order from the locker.

    5. If you will not be the person collecting your Woolworths Order then your representative must (upon request) provide us with proof of their identity (including photographic identification), the card used for payment or the order number, and, where relevant, their age.

    6. If you (or your representative) do not supply the appropriate identification or the relevant card of purchase upon request:

      1. we may refuse to allow collection of your Woolworths Order; and

      2. we may charge you a fee of up to $25.00 and the charges for any perishable Products in your Woolworths Order that we have accepted provided that before we process any such fees or charges we provide notice to you of these additional fees or charges payable.

    7. If you (or your representative) do not collect your Woolworths Order within the booked collection window then we may charge you a fee of up to $25.00 and the charges for any perishable Products in your Woolworths Order that we have accepted provided that before we process any such fees or charges we provide notice to you of these additional fees or charges payable. In this instance, we will endeavour to contact you or you may contact us to arrange for collection at a different time, and we may charge you an additional Service Fee for that replacement Woolworths Order (provided we notify you prior of any such additional fee).

    8. You agree to ensure that the person collecting any tobacco, liquor or other relevant Restricted Products is over the age of 18 years or such other minimum age as prescribed by law. We will not allow collection of a Woolworths Order of:

      1. alcohol or liquor Products to a person who is intoxicated or not of the appropriate legal age; and

      2. tobacco Products (including cigarettes) or other Restricted Product to a person that is not of the appropriate legal age.

    9. You acknowledge that we may record the details of any identification provided in relation to collection of Woolworths Products.

    10. If you experience any issues with picking up your Woolworths Order from a locker, please see our staff in the store that the locker is nearby.

    3.6 Bulk Woolworths Orders

        1. If we classify a Woolworths Order as a Bulk Order, your Woolworths 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:

          1. An Order for Woolworths Products over normal retail quantities;

          2. Orders that total over 250kg will be subject to a bulk fee of $20 per 250kg up to 1 tonne, and an increase of $100 for every 250kg beyond 1.25 tonne will be applied as this will require special handling and transport allocation.

            Bulk Fees
            Weight Fee
            0 - 249kg $0.00
            250 - 500kg $20.00
            500 - 750kg $40.00
            750 - 1000kg $60.00
            1000 - 1250kg $80.00
            1250 - 1500kg $100.00
            1500 - 1750kg $200.00
            1750 - 2000kg $300.00
            2000 - 2250kg $400.00
            2250 - 2500kg $500.00
          3. Multiple Orders placed during any 7 day period where the combined volume would constitute a Bulk Order.

        2. If your Woolworths Order is a Bulk Order, we will contact you as soon as possible after the placement of your Order to advise you of the exact handling charge payable in respect of your Order and you will need to confirm you will pay any such handling charge before the Bulk Order will be accepted or fulfilled.

        3. If you are unsure whether your Woolworths 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 on 1300 665 386 during Contact Hours.

        4. We value your Woolworths Orders. To enable us to service you better, we request that you contact our Customer Service Centre on 1300 665 386 during Contact Hours, at least 7 days prior to the placement of any Bulk Orders to allow us to ensure that the appropriate stock is ordered and available for your requirements.

    3.7 Remote Delivery Woolworths Orders

      1. Woolworths Orders to a delivery address located in King Island, Tasmania will incur a flat Delivery Fee of $15 and are subject to available delivery windows and deliverable areas.

      2. If you select to have your Woolworths Order delivered to an address in any of the following postcodes your order will be classified as a remote delivery order:
        2624
        2625
        2836
        2880
        6642
        6701
        6728
        6536
        6532
        6537
        6630
        880
        822
        852
        854
        885

        and any other postcode as we determine from time to time as notified via the Site prior to purchase,
        (each a Remote Delivery Order).

      3. If your Woolworths Order is a Remote Delivery Order we will not be able to deliver your Order to your selected address and you will need to nominate a courier or other transport provider to deliver your order to your location.

      4. We may provide details of couriers or transport providers previously nominated by customers in your location when you select your address online. However, it is your responsibility, in accordance with clause 3.7(g), to ensure that the courier or transport provider you select is appropriate for your Remote Delivery Order. If you do not wish to use the suggested provider, or no suggestion is made, you will need to call us on 1800 000 610 to nominate your preferred provider.

      5. When you place a Remote Delivery Order, you are responsible for contacting the nominated provider directly and as soon as possible to book your delivery and confirm the costs you will need to pay the provider directly for the service.

      6. Woolworths will not be responsible for the Woolworths Order once delivered to your nominated courier or transport provider’s address if the courier or transport provider does not accept delivery, your Woolworths Order will be returned to our store and additional delivery charges may apply for any re-delivery of your Woolworths Order. We will contact you in these circumstances.

      7. Any courier or transport provider nominated by the customer to deliver a Remote Delivery Order is engaged solely by you at your own cost and risk and are not to be taken to be contractors or agents of Woolworths.

      8. Once your Remote Delivery Order has been delivered to the premises of your nominated courier or transport provider Woolworths is no longer liable for any loss or damage to your Woolworths Order and you or your nominated courier or transport provider becomes fully responsible for your Woolworths Order.

      9. Woolworths will ensure that your Woolworths Order is delivered to the premises of your nominated courier or transport provider in a manner that minimises any food safety risk including, for example, by freezing certain perishable items. We recommend that you ensure that your nominated provider provides adequate transportation facilities with appropriate storage temperatures to safely deliver your specific Woolworths Order to your location. Woolworths will not provide, or be responsible for providing any refrigeration or other transport facilities or packaging required to transport your specific Woolworths Order from the premises of your nominated courier or transport provider to your location.

    3.8 Risk and title

    1. Where Woolworths 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).

    2. For Woolworths Orders with Pick Up Service, risk in the Products passes to you on the date and time of collection from a Woolworths store or Direct to boot Location.

    3. For Remote Delivery Orders that are collected from a Woolworths store by your nominated courier or transport provider, risk in the Products passes to you on the date and time of collection from a Woolworths store.

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

      1. payment for those Products;

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

      3. for Woolworths Orders with Pick Up Service and for relevant Remote Delivery Orders, collection of those Products from a Woolworths store or Direct to boot Location.

    3.9 Cancellation of Woolworths Orders by us

        1. We may reject or cancel any Woolworths Order or part of a Woolworths Order (including any Woolworths Orders that have been accepted) without any liability to you for that cancellation at any time if:

          1. the requested Products in that Woolworths Order are not available; or

          2. 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

          3. that Woolworths Order has been placed in breach of these terms and conditions.

        2. If a Woolworths Order is cancelled in accordance with:

          1. clause 3.10(a)(i) or 3.10(a)(ii) (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 Woolworths Order. If payment has been taken and we cancel your entire Woolworths Order, then the full payment amount (including any Delivery Fee, Service Fee, Bag Fee, or other fees and charges) will be refunded to your original payment method or through an alternative means. If payment has been taken and we only cancel part of your Woolworths Order, then the amount paid for the part of your Woolworths Order that has been cancelled will be refunded to your original payment method or through an alternative means.

          2. clause 3.10(a)(iii) (where you are in breach of these terms and conditions):

            1. we will provide you with reasonable notice of that cancellation;

            2. if your Woolworths 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 Woolworths Order at the checkout then (1) if we cancel your entire Woolworths Order we will refund the full amount paid, including any Delivery Fee, Service Fee, Bag Fee and other fees and charges, to your original payment method or through an alternative means or (2) if we cancel only part of your Woolworths Order, then the amount paid for the part of your Woolworths Order that has been cancelled will be refunded to your original payment method or through an alternative means;

            3. if your Woolworths Order is cancelled on the day of delivery or collection, we will refund you in accordance with clause 3.10(b)(ii)(B) but reserve the right to charge you a cancellation fee in accordance with clause 3.11(a)(ii)(B).

    3.10 Amendment and cancellation of your Woolworths Order by you

        1. Except for Delivery Now and Direct to boot Now Orders, you may cancel a Woolworths Order (whether it is accepted by us or not):

          1. through the Site up to 30 mins before the delivery or collection window closes (as specified on the Site). If so, no fees or charges will apply to that cancellation; or

          2. in all other circumstances, by contacting our Customer Service Centre on 1800 000 610 during Contact Hours. In this instance, if you cancel an Order that has been accepted by us:

            1. before the day of delivery or collection, then no fees or charges will apply to that cancellation; and

            2. on the day of delivery or collection, then we may charge you a cancellation fee of $20.00 plus the charges for any perishable Products that were ordered provided before we process any such fees or charges we provide notice to you of these additional charges.

        2. Due to the fast nature of Delivery Now and Direct to boot Now Orders, you cannot cancel a Delivery Now or Direct to boot Now Order (whether it is accepted by us or not) at any time after placing the order and we will not be able to refund any payment.

        3. If you cancel a Woolworths Order, depending on the payment method used, we will either not charge you for that Woolworths Order, or if we have taken payment at checkout we will refund the full payment amount paid (including any Delivery Fee, Service Fee, Bag Fee and other fees and charges other than any fee payable under clause 3.11(a)(ii)(B)) to your original payment method or through an alternative means.

        4. If you cancel a Woolworths Order, any Everyday Market Orders made in the same Order will not be affected by the cancellation.

        5. If you want to amend an existing Woolworths Order, then you agree that:

          1. you must submit your request:

            1. before 5:30pm the day prior for a Woolworths Order due for delivery in the morning on the next day; or

            2. before 10.30pm the day prior for a Woolworths Order due for delivery in the afternoon or evening on the next day;

          2. your original Woolworths Order and reserved delivery window will be cancelled and items will be placed into your trolley for amending and resubmitting through the checkout;

          3. you will need to select a new delivery pick up date and time in respect of your amended Woolworths Order;

          4. all prices for Products in your amended Woolworths Order will update to the current website prices at the time you submit your amended Woolworths Order and previous pricing in your original Woolworths Order will not apply;

          5. any offers, credit or coupons applied or used when you placed your original Woolworths Order will not be applied to your amended Woolworths Order and, if the offer, credit or coupon is expired or has been used, cannot be used for future Orders;

          6. any Everyday Market Orders made in the same Order will not be affected;

          7. subject to below clause 3.11(a)(ix), if we only pre-authorised payment for your original Woolworths Order at checkout and the amount payable for your amended Woolworths Order is more than the amount pre-authorised, your original pre-authorisation will remain and we will either charge you the additional amount or separately pre-authorise the additional amount owing at the time of your amended Woolworths Order depending on the payment method used for the amended Woolworths Order;

          8. if you were charged for your Woolworths Order at the checkout and the amount payable in respect of your amended Woolworths Order is:

            1. less than the amount you have paid in respect of your original Woolworths Order, we will refund the difference back to your original payment method or alternative means within 3-5 Business Days of the amended Woolworths Order being placed;

            2. more than the amount paid in respect of your original Woolworths Order, we will either pre-authorise payment or charge you the additional amount at the time you amend your Woolworths Order, depending on the payment method used; and

          9. if you amend your Woolworths Order so that delivery is scheduled to occur 7 days after the date of your original Order and we only pre-authorised payment for your original Woolworths Order, we may ask to take payment for your amended Woolworths Order at the time you confirm your amended Woolworths Order and will provide you with a refund for any out of stock items or weight ranged products supplied below the maximum weight once we pick your amended Woolworths Order.

    3.11 Substitution of Woolworths Products

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

      2. If we are unable to provide you with a Product, for Woolworths Orders, we will endeavour to automatically provide you with a substitute Woolworths Product (unless you have elected when placing your order to not receive substitutes):

        1. when the Woolworths Product you have selected is not available;

        2. if we are not able to supply to you the Woolworths Product that you have selected; or

        3. you have elected for a substitution of the Woolworths Product.

      3. We aim to select substitute Woolworths Products that are of similar value and quality, but we reserve the right not to provide you with a substitute Woolworths Product even if a suitable substitute Woolworths Product is available. We may not provide a substitute option for some Woolworths Products (e.g. tobacco, cigarettes and baby formula) and will instead supply you with a refund in accordance with these terms.

      4. For Woolworths Orders, we will endeavour to provide you with a substitute Woolworths 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 Woolworths Product you ordered rather than the price of the substitute Woolworths Product. We may occasionally provide you with a substitute Woolworths Product where the price for that substitute Product is less than the Product you selected. In that case, we will charge you the price of the lower-priced substitute Product and, if you have paid for the Product you selected, refund you the difference between the price paid by you for the Product you selected and the lower-priced substitute Product.

      5. Where a Woolworths Product that you have selected is substituted with another Woolworths Product, we cannot ensure that that substitute Woolworths Product caters to your specific dietary requirements, including allergies. Please read the labels of each Woolworths Product (and any substitute Woolworths Product provided to you) for dietary and allergy information.

    3.12 Unavailable or missing items

        1. For Woolworths Orders paid for using 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. If you select a delivery time that is 7 days or more from the date you checkout, we will charge you for your Order at the time of placing your Order irrespective of the payment method used.

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

        3. In all other circumstances, you may contact our Customer Service Centre on 1800 000 610 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, we will, depending on your payment method, refund you the price of any Woolworths Products that were charged but not delivered to you.

    3.13 Returns

      1. The Woolworths Supermarkets Returns Policy applies to all purchases of Woolworths Products using the Site and forms part of these terms and conditions.

    4. Everyday Market Products

    4.1 Ordering Everyday Market Products

          1. Everyday Market Products are sold by Everyday Market Partners who we allow to list and sell their products on the Site. The relevant Everyday Market Partner's details are displayed to you on the Site before purchase of an Everyday Market Product.

          2. Any Everyday Market Order placed through this Site for an Everyday Market Product is an offer by you to the Everyday Market Partner to purchase the particular Everyday Market Product for the price notified (including the delivery and other charges and taxes) at the time you place the Everyday Market Order. Each Everyday Market Order that is accepted by an Everyday Market Partner, results in a separate binding agreement for between you and the Everyday Market Partner for the supply of that Everyday Market Product once the Everyday Market Partner has confirmed that the Everyday Market Order has been fulfilled and an invoice is made available to you for the Everyday Market Order. We are not a party to that agreement nor do we assume any responsibility arising out of or in connection with it.

          3. The Everyday Market Partner, not us, is responsible for:

            1. the quality and pricing of Everyday Market Products;

            2. the sale of each of their Everyday Market Products;

            3. the delivery of each of their Everyday Market Products, which includes selecting and arranging a delivery service provider;

            4. the Site information displayed on the relevant product detail page; and

            5. for providing remedies to you in respect of any claims and any other issue arising out of or in connection with the agreement between you and the Everyday Market Partner.

          4. You acknowledge that there is no requirement on us or Everyday Market Partners to match any prices for any Everyday Market Products available through other sales channels.

    4.2 Acceptance or rejection of an Everyday Market Order

          1. An Everyday Market Partner may accept or reject your Everyday Market 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 Everyday Market Order.

          2. If an Everyday Market Order placed through the Site is rejected, then we will endeavour to notify you within a reasonable time after you submit that Order. If any payment has been processed for an Everyday Market Order that has been rejected or a part of an Everyday Market Order that has been rejected, the Everyday Market Partner will refund the relevant amount in accordance with clause 4.7(c)(i).

    4.3 General Conditions of Delivery

          1. Everyday Market Products are delivered by the relevant Everyday Market Partner and will only be delivered to a location where the relevant Everyday Market Partner provides delivery services. It is the responsibility of the relevant Everyday Market Partner, not us, to deliver Everyday Market Orders to you.

          2. You cannot pick up your Everyday Market Order in store from us or from an Everyday Market Partner's store.

          3. Your Everyday Market Order will be shipped and packaged separately from your Woolworths Order.

          4. You may receive multiple deliveries for your Everyday Market Order.

          5. As Everyday Market Orders are shipped by the relevant Everyday Market Partner, delivery options that may be available for Woolworths Orders may not be available for your Everyday Market Order, such as leaving your Order unattended upon delivery, delivery in bags, contactless delivery, or other special delivery options usually available for Woolworths Orders.

    4.4 Delivery Cost and Timeframes

          1. Estimated timeframes for dispatch of Everyday Market Products after an Everyday Market Order has been placed are available on the relevant product detail page. These timeframes are an estimate only, may not reflect actual time for dispatch and may vary during periods of high sales volumes.

          2. You will receive a link to track your delivery after you place an Everyday Market Order and it has been dispatched by the relevant Everyday Market Partner.

          3. You may be charged the Everyday Market Shipping Fee which is a flat rate of $10 for each Everyday Market Order placed through the Site, even if your Everyday Market Order includes Products from multiple Everyday Market Partners.

          4. Additional shipping charges and conditions may apply, which will be notified to you by us or the Everyday Market Partner, if your Everyday Market Order:

            1. contains bulky or heavy items;

            2. requires special handling; or

            3. requires any other non-standard delivery arrangements.

    4.5 Receiving your Delivery

          1. You agree to comply with any delivery requirements notified to you when you place your Everyday Market Order through the Site.

          2. If your Everyday Market Order contains a Restricted Product, you may be required by the Everyday Market Partner to be present to accept the delivery of that Everyday Market Order and, at the delivery service provider's request, provide photographic identification.

          3. You:

            1. acknowledge and agree that any person at the Delivery Address who receives the Everyday Market Order is authorised by you to receive your Everyday Market Order and, where relevant, make payment for that Everyday Market Order;

            2. will ensure that the person receiving any Restricted Products is over the age of 18 years or such other minimum age as prescribed by law; and

            3. will ensure that Restricted Products are not delivered to unattended locations.

          4. An Everyday Market Partner may not deliver the Everyday Market Products in your Order, and you may be charged an additional Shipping Fee for any replacement delivery, if any of the following apply:

            1. there is no one or no appropriate person (for example, above 18 years old for Restricted Products) present at the Delivery Address to receive an Everyday Market Order who is required to be present;

            2. the delivery service provider cannot access the Delivery Address; or

            3. the delivery service provider cannot access your nominated delivery spot or determine a suitable spot to deliver your Everyday Market Order.

    4.6 Risk and title

          1. We do not assume risk nor title in any Everyday Market Products.

          2. Risk in an Everyday Market Product passes from the Everyday Market Partner to you on the date and time of delivery to the Delivery Address (including unattended deliveries at the Delivery Address).

          3. Title to an Everyday Market Product passes from the Everyday Market Partner to you on the later of the date and time of:

            1. payment for those Everyday Market Products; and

            2. delivery of those Everyday Market Products to the Delivery Address (including unattended deliveries at the Delivery Address).

    4.7 Amendment and cancellation of Everyday Market Orders

          1. As Everyday Market Orders are fulfilled by Everyday Market Partners and they may have already commenced fulfilling your Order, we cannot amend or cancel your Everyday Market Order after your Everyday Market Order has been placed through the Site.

          2. Your Everyday Market Order may be cancelled by us or an Everyday Market Partner in whole or part (including any Orders that have been accepted) without any liability to us for that cancellation at any time if:

            1. a requested Everyday Market Product in that Order is not available (including if it is out of stock or temporarily unavailable); or

            2. 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

            3. the Everyday Market Partner is not able to deliver to your nominated delivery address; or

            4. that Order has been placed in breach of these terms and conditions.

          3. If your Everyday Market Order is cancelled in accordance with clause 4.7(b) we or the Everyday Market Partner 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 or other fees and charges, will be refunded to your original payment method or through an alternative means.

          4. If your Everyday Market Order is cancelled by us or an Everyday Market Partner, any Woolworths Orders made in the same Order will not be affected by the cancellation.

    4.8 Missing items or issues with your Everyday Market Order

          1. If you experience any issues with your Everyday Market Order or an Everyday Market Product (such as missing items), please visit Help & Support and FAQs | Woolworths and fill out the Everyday Market Form within 24 hours after the delivery time and we will endeavour to work with the Everyday Market Partner to resolve the issue (for example, for missing items, we will work with the Everyday Market Partner to verify and confirm any such missing items and provide you with a refund if necessary).

    4.9 Returns and Refunds

          1. The Everyday Market from Woolworths Returns Policy applies to all purchases of Everyday Market Products using the Site and forms part of these terms and conditions. If you are entitled to a refund in accordance with this policy or these terms and conditions, we will process the refund on behalf of the Everyday Market Partner. However, the Everyday Market Partner retains all responsibility for providing you with a refund.

    4.10 Gift message data

      1. You are wholly responsible for any data you include in a gift message to be applied to an Everyday Market Order (Gift Message Data). By uploading Gift Message Data to this Site and/or by submitting Gift Message Data for integration into any Everyday Market Order:

        1. you grant us and the relevant Everyday Market Partner a limited, royalty free and non-exclusive licence to use, adapt, transmit, transfer, store, copy and display the Gift Message Data solely in connection with providing products and/or services to you; and

        2. you represent and warrant to us and the Everyday Market Partner that the Gift Message Data is in the public domain; or that you have all right, title and interest in and to all copyrights in the Gift Message Data, or that you have the express permission to copy and use such Gift Message Data for all purposes related to the products you order through this Site. You further represent that the Gift Message Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.

      2. You may not upload to this Site any Gift Message Data that:

        1. infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party; or

        2. is unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof.

      3. The content of the Gift Message Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks and obscenity). We, and the relevant Everyday Market Partner, have no obligation to monitor the Gift Message Data. However, we, and the Everyday Market Partner, reserve the right at all times to review the Gift Message Data or to disclose the Gift Message Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, and to remove the Gift Message Data from being included in an Everyday Market Order, that are, in our or the Everyday Market Partner’s (as applicable) sole judgement and discretion, objectionable or in violation of these terms and conditions.

    5. HealthyLife Pharmacy Products

          1. 5.1 When you order a HealthyLife Pharmacy Product via Everyday Market (including where you submit a prescription for dispensing) you will be bound by the terms and conditions of HealthyLife Pharmacy in relation to each transaction. HealthyLife Pharmacy’s terms and conditions can be found here. We recommend that you review these terms and conditions prior to submitting an order for any HealthyLife Pharmacy Product via Everyday Market.

          2. 5.2 HealthyLife Pharmacy has special conditions relating to the supply of Prescription Products and Scheduled Medicine Products, which can be found in HealthyLife Pharmacy’s terms and conditions here. If you place an order with HealthyLife Pharmacy via Everyday Market, you will be bound by these special conditions.

          3. 5.3 You may be contacted directly by HealthyLife Pharmacy if they have a question in relation to your HealthyLife Pharmacy Order, and HealthyLife Pharmacy may cancel your HealthyLife Pharmacy Order if they are unable to confirm your details.

          4. 5.4 If you submit a HealthyLife Pharmacy Order for a Prescription Product via Everyday Market, you will need to submit a valid Australian prescription to HealthyLife Pharmacy (by providing the electronic script token) before the HealthyLife Pharmacy Order can be dispensed by HealthyLife Pharmacy.

          5. 5.5 All HealthyLife Pharmacy Products ordered via Everyday Market are sold, fulfilled and delivered directly by Warren Turner trading as HealthyLife Pharmacy (ABN 80 166 810 779). If you order HealthyLife Pharmacy Products via Everyday Market, the delivery of such Products will be in accordance with the delivery policy of HealthyLife Pharmacy Products found here.

          6. 5.6 There is no additional shipping fee for HealthyLife Pharmacy Products on top of the price of the HealthyLife Pharmacy Products in your order. Notwithstanding this, Everyday Market Products (other than HealthyLife Pharmacy Products) and Woolworths Orders may be subject to shipping and/or delivery fees.

          7. 5.7 If your HealthyLife Pharmacy Order includes a Prescription Product, you may be required to be present to accept the delivery of that Order and be able to provide photographic identification. You acknowledge that Prescription Products cannot have an ‘authority to leave’ direction and that if you are not present to accept the delivery of an Order containing a Prescription Product, your Order will be directed to the closest parcel collection pickup point for collection.

          8. 5.8 In addition to our cancellation rights under clause 4.7 (Amendment and Cancellation of Everyday Market Orders), HealthyLife Pharmacy may cancel any HealthyLife Pharmacy Orders in accordance with the HealthyLife Pharmacy’s Terms and Conditions here.

          9. 5.9 If you wish to amend or cancel an existing HealthyLife Pharmacy order, please contact Customer Hub on 1800 000 610 or contact HealthyLife Pharmacy directly by emailing support@healthylife.com.au.

          10. 5.10 HealthyLife Pharmacy will manage any stock unavailability or missing items in delivery for all HealthyLife Pharmacy in accordance with HealthyLife Pharmacy’s Terms and Conditions here.

          11. 5.11 The HealthyLife Pharmacy Returns Policy available here applies to all purchases of HealthyLife Pharmacy Products made via Everyday Market. The Everyday Market Returns Policy does not apply to purchases of HealthyLife Pharmacy Products.

          12. 5.12 In circumstances where you order any HealthyLife Pharmacy Product or submit a prescription for dispensing, your personal information will be handled in accordance with Woolworth's Privacy Policy to the extent applicable, and otherwise in accordance with HealthyLife Pharmacy’s Collection Notice accessible here. We recommend that you review both the Woolworth Privacy Policy and HealthyLife Pharmacy Collection Notice prior to submitting an order for HealthyLife Pharmacy Products via Everyday Market.

    6. General

    6.1 Liability

          1. You acknowledge that each Site is provided "as is" and you should exercise reasonable judgement as to whether each Site or a Product is right for you and your circumstances;

          2. 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:

            1. to cancel your service contract with us; and

            2. to a refund for the unused portion, or to compensation for its reduced value.

          3. 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.

          4. Everyday Market Partners, not us, are responsible for providing you with remedies under the Australian Consumer Law for major and non-major failures in respect of Everyday Market Products.

          5. 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 Woolworths liabilities under those provisions:

            1. our liability to you will in all other cases be limited to the cost of re-supplying or repairing, or paying the costs of repairing any goods;

            2. 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; and

            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.

          6. You will not be liable to us 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 your own gross negligence or wilful misconduct.

          7. Your liability 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 we 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.

    6.2 Intellectual property rights for the Site

          1. You:

            1. 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;

            2. acknowledge that the listing content and materials that appear on the Site in relation to Everyday Market Products are owned by the Everyday Market Partner and licensed to us;

            3. 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

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

          2. You may:

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

            2. 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.

          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 Everyday Market Partners or our suppliers) without obtaining the relevant third party owner’s consent.

    6.3 Changes to these terms and conditions

          1. We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. We will endeavour to give you reasonable notice of updates to our terms and conditions where such changes (in our reasonable opinion) may have a material detrimental impact to you. 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.

          2. If you have a Woolworths Order that has been accepted by us or an Everyday Market Order that has been accepted by an Everyday Market Partner, the terms and conditions that will apply to the relevant Order are the terms and conditions that are applied at the time you placed your Order.

    6.4 Severability

    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.

    6.5 Jurisdiction

    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.

    6.6 Privacy and Commercial Electronic Messages

    1. You acknowledge that you have read our Privacy Policy, Collection Notice, and Cookies Statement, and understand that they govern your use of the Site and the Site’s related services, including purchasing goods and services from us or our Everyday Market Partners using the Site.

    2. You agree to receive commercial electronic messages and tailored advertising (which includes marketing communications advertising goods and services) from us and and our Everyday Market Partners (via us) via various channels and media (including by email, SMS, and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by Woolworths Online and Everyday Market from Woolworths via those channels or media. Your agreement to receive commercial electronic messages from Woolworths Online and Everyday Market from Woolworths will be effective until you opt out.

    3. You may opt out of the receipt of commercial electronic messages sent by Woolworths Online and Everyday Market from Woolworths by using the unsubscribe facility in the footer of any commercial electronic message. This will also opt you out of receiving customer surveys, requests for feedback and market research (Customer Feedback Messages). If you wish to only opt out of Customer Feedback Messages, you may opt out by using the unsubscribe facility in the footer of any Customer Feedback Message (this won’t opt you out of other commercial electronic messages sent by Woolworths Online or Everyday Market from Woolworths). If you opt out receiving commercial electronic messages (including Customer Feedback Messages) sent by Woolworths Online and Everyday Market from Woolworths, you will still 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 or services you have used, including requests for further information about your customer experience.

    4. Opting out of receiving commercial electronic messages from Woolworths Online or Everyday Market from Woolworths will not withdraw your consent to receive messages from other Woolworths brands or Everyday Market Partners you have signed up to independently of your Woolworths Online account. If you would like to opt out of receiving commercial electronic messages from other Woolworths brands or Everyday Market Partners, please follow the opt out facilities in their communications or other opt out options set out in their terms and conditions.

    6.7 Woolworths App

    By using the Woolworths Application (App), you agree to be bound by these Woolworths Online and Everyday Market Terms and Conditions. Using the App also involves you providing your personal information and location to us.

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

    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.

    2. Store Finder - Trading hours correct at time of publication. See in-store for latest information.

    3. App usage - This App has been tested and operates on open source third generation and above. By using this app you agree that we 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 App.

    6.8 Access and use of the Site as a Business Customer

    If you are accessing or using the Site (including placing orders of Products through the Site) as a Business Customer:

    1. You agree that you and any of your Authorised Personnel will be subject to and will comply, and must ensure that each of your Authorised Personnel will comply, with these terms and conditions.

    2. To the extent that these terms and conditions involve the giving of consent by or on behalf of Authorised Personnel, you enter into these terms and conditions as agent of each of your Authorised Personnel.

    3. You and your Authorised Personnel warrant that:

      1. 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;

      2. the person receiving the Products at the Delivery Address or collecting the Products is authorised by you to do so; and

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

    4. Your Authorised Personnel warrants that he or she is a duly authorised representative of you for the purposes of entering into and accepting these terms and conditions on your behalf and has all necessary, current and valid legal authority to enter into these terms and conditions on behalf of you and bind you to them.

    5. If the Authorised Personnel acting on behalf of the Business Customer is under 18 years of age such Authorised Personnel may not use a Site to place an Order for Restricted Products.

    7. Definitions

    Capitalised terms used in these terms and conditions have the meanings set out below:

    App has the meaning given in clause 6.7.

    Authorised Personnel means a Business Customer’s officers, employees, contractors, consultants and agents.

    Bag Fee has the meaning given in clause 2.3(a)(ii).

    Bulk Order means a Woolworths Order over normal retail quantities, for multiple products, or a Woolworths Order for bulky or heavy items, as determined by us from time to time.

    Business Customer means a business on behalf of which its Authorised Personnel accesses the Site to browse, select and order Products.

    Contact Hours means Customer Service Centre 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 (or collection location) specified by you for the delivery of Products that we, or an Everyday Market Partner, will supply to you under these terms and conditions. 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, or an Everyday Market Partner, will deliver the Products.

    Delivery Fee has the meaning given in clause 2.3(a)(iii).

    Delivery Now Order means a Woolworths Order that is placed using our Delivery Now service.

    Direct to boot Location means an address listed on the Site where you can collect Woolworths Products ordered through the Site by driving your vehicle up to the collection point.

    Everyday Market means the "Everyday Market from Woolworths" online platform on the Site.

    Everyday Market Product means a good or service that is identified using the orange Everyday Market symbol (appears as an orange market stall) on the product tile and is advertised on the Site as being sold and delivered by an Everyday Market Partner.

    Everyday Market Order means an Order for an Everyday Market Product.

    Everyday Market Partner means, in respect of an Everyday Market Product, the seller of that Everyday Market Product.

    Everyday Market Shipping Fee is defined in clause 2.3(a)(v).

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

    HealthyLife Pharmacy means Warren Turner trading as HealthyLife Pharmacy (ABN 80 166 810 779).

    HealthyLife Pharmacy Order means an Order for an HealthyLife Pharmacy Product.

    HealthyLife Pharmacy Product means a Product which is available through Everyday Market but is sold and supplied by HealthyLife Pharmacy, including Prescription Products and Scheduled Medicine Products. Please note that Prescription Products and some Scheduled Medicine Products are not eligible for Everyday Rewards points.

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

    Materials is defined in clause 6.2(a)(i).

    Order means any order for a Product or Products submitted using the Site and includes Woolworths Orders and Everyday Market Orders.

    Pick Up Service is defined in clause 3.5(a).

    Prescription Product means any medicinal product which can only made available to a person on the written instruction or prescription of an authorised health practitioner.

    Product means each good or service that is advertised for purchase by you on the Site.

    Remote Delivery Order is defined in clause 3.7(b).

    Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as Products containing liquor, tobacco or sharp objects.

    Scheduled Medicine Product means products which are classified into schedules under relevant laws according to the level of regulatory control required for that particular medicine or poison.

    Site is defined in clause 1.1(a).

    Woolworths Order means any part of an Order that consists of one or more Woolworths Products. For the avoidance of doubt, a Woolworths Order does not include an order for Everyday Market Products.

    Woolworths Product means each Product that is not an Everyday Market Product.

    Direct to boot Now Order means a Woolworths Order that is placed using our Direct to boot Now service.

    Service Fee has the meaning given in clause 2.3(a)(iv).