Terms & Conditions
These terms and conditions regulate the relationship between you and us. You agree to be legally bound by these Terms and Conditions by using this website (www.winnieandco.com.au), any related websites or URLs, and social media platforms owned or operated by us ‘The Company’ (MQW Group Pty Ltd) and the services this company and website provides.
We are: MQW Group Pty Ltd (t/a Winnie & Co.) ABN: 26 686 051 285
You are: a visitor to our website / our customer
Buying Online
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult before you make your purchase. Purchases from this website can only be made by using the online payment facility on this website with a valid credit card (Visa, MasterCard, American Express), PayPal or permitted interest free payment options. MQW Group Pty Ltd reserves the right to refuse to fulfil or cancel any order; including those that it considers to be a bulk order, fraudulent, not for personal use or otherwise do not comply with these Terms.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Acceptance of the order and completion of the sale will not occur until your payment has been received by us.
Wherever possible we will ensure we have sufficient stock to meet our expected orders and update the content on our Website when goods are no longer available. Unfortunately, we cannot guarantee that we will always have sufficient stock of the goods advertised on our website. If we do not have all of the Goods that you ordered in stock, we may offer you alternatives. If this happens you may: accept the alternatives we offer; or cancel your order.
In the event you cancel all or part of your order, we will credit your online account by providing a store credit for your future use (with an expiry date) or we will refund through your original purchase payment method for the relevant order amount as soon as reasonably practicable but in any event no later than 30 days from the date we confirmed cancellation of your order.
If in future, you buy Goods from us under any arrangement which does not involve your payment via our website, these terms and conditions will still apply.
Product Images and Video
We seek to show the textures and colours of the Goods as accurately as possible. However, the images and videos of the product can be displayed differently depending your device and display setting. Please ensure to read the product name and description before making a purchase.
Pricing and Payment
All prices for Goods listed on Our Website are in Australian Dollars unless the currency has been changed via the settings and is clearly stated. All orders must be paid for in Australian Dollars. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
All prices listed on Our Website are exclusive of the Australian goods and services tax payable under the A New Tax System (Goods and Services Tax) Act 1999, these taxes will be added onto the subtotal and displayed at checkout. Shipping or delivery charges are calculated at check out and are also excluded from the displayed Good’s price.
Shipping & Delivery
Deliveries will be made via post by us to the address stipulated in your order. It is your responsibility to ensure that someone is present to accept delivery of your order. If we are unable to deliver your order after two attempts by our carrier, we will notify you to try to arrange an alternative date for delivery, convenient to you. If we have been unable to contact you after 10 days from the first time we attempted delivery, we will cancel your order and refund money paid by you for the goods less any charge for delivery. We may deliver the Goods in instalments if they are not all available at the same time for delivery. Goods are sent at our risk until signed by you or by any other person at the address you have given to us, after which point we will take no responsibility for any lost or damaged goods in transit. The Company also accepts no responsibility for any lost or damaged goods if you have provided permission or authority to us or the carrier to leave in a safe place without signature. Please allow at least ten (10) business days for delivery from the receipt of your order and/or payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days by us and we will endeavour to provide you with reasonable notice of that extension.
Order Cancellations
MQW Group Pty Ltd does not accept cancellation of orders once the order has been processed and payment has been received. If your cancellation is under special circumstances that is legally within your rights, you must return them to us within 14 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged. You are responsible for the cost of returning the Goods cancelled/returned. To assist us in identifying your Goods on receipt by us, please ensure that you follow the procedure for return of Goods listed in our Returns Policy. For Goods returned, we will refund the order cost less any delivery charges within 30 days following receipt of your returned Goods. Notwithstanding any other provision contained herein, nothing in these terms and conditions shall be construed as removing, restricting or modifying the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law or otherwise in the Competition and Consumer Act 2010).
Return Policy within Australia
The team at Winnie & Co. takes pride in every bag made and endeavours to maintain a high standard in quality with multiple quality checks in place during the production process to ensure that customers are happy with our product. Therefore we maintain the right to refuse any returns if they are not of a manufacturing fault and/or if the product is deemed to have been damaged under the customers care, in which MQW Group Pty Ltd then holds no responsibility for the fault. Please note that we do not offer any cash refunds at this time. We will issue store credit (with expiry date) instead at the same value as when it was purchased.
We ask that all Goods are thoroughly checked upon arrival to you as we will not accept any returns after a 14 day period from when you received the Goods. To be eligible for a return, the following conditions must be met:
- The item must be unworn and unused, in original, saleable condition.
- All original tags must be attached.
- The item must be returned in its original packaging, including dust bags and boxes, with all protective films or papers intact on hardware.
- The item must have been purchased at full price (we do not accept returns on items purchased as final sale).
-The return request must be submitted within 14 days of delivery.
- The item must have been purchased directly from our website.
Please note, we cannot accept returns for items purchased from our stockists, other retailers or third-party platforms.
All returned items are carefully inspected upon arrival at our warehouse. If an item does not meet the return conditions listed above — including visible signs of wear, scratches, dents, or missing packaging — Winnie & Co. reserves the right to reject the return. In such cases, the item will be returned to you, and no refund will be issued. You will be notified if your return is not eligible.
We recommend using a traceable delivery method for all returns to ensure your delivery is returned safely to us. MQW Group Pty Ltd will not be held responsible for any items lost in transit or any damage to parcels returned to us.
Replacements, refunds or store credit will only be processed/issued after the return has been received and approved by our team.
International Customer Returns/Faulty Goods
MQW Group Pty Ltd will not cover international return shipping costs for any returns on change of mind purchases or faulty stock to be returned.
The cost for international returns is the responsibility of the customer. We kindly ask that you process your own return shipping label for any returns and recommend using a tracked method of postage to ensure your item arrives to us safely. Winnie & Co. will not take responsibility for any returns lost or damaged in transit.
For faulty items on international orders, please email us at hello@winnieandco.com.au notifying us of the faulty goods, specifying the item details (including the order/invoice number, purchase date, style code, colour and size) and giving full details of the defect or fault, including clear images of the fault, with the item's swing tag visible in the same image.
Once we have reviewed the email, we will handle this on a case by case basis and will require you to provide additional proof before confirming the course of action. MQW Group Pty Ltd reserves the right to refuse the return if it is not deemed as a manufacturing fault.
For the avoidance of doubt, nothing shall be construed as removing, restricting or modifying the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law or otherwise in the Competition and Consumer Act 2010).
Foreign Taxes, Duties and Import Restrictions
If you are not in Australia, we have no knowledge of, and take no responsibility for, the laws in your country. You are responsible for any customs duties, taxes, or import fees that may be incurred upon arrival in their destination country. These charges are determined by local authorities and are not included in the purchase price or shipping costs. Winnie & Co. is not responsible for any additional charges imposed during customs clearance. We recommend contacting your local customs office for further information.
Sales and Promotions
All discounts and promotions are not to be used in conjunction with any other offer. The new customer discount for 10% off may only be used once per customer, either in store or online.
Promotional codes or discounts are only valid for the period advertised and cannot be used in conjunction with any other offer, unless explicitly stated. MQW Group Pty Ltd reserves the right to cancel or modify promotions at any time without notice due to error, fraud, or unforeseen circumstances.
Store Credit
Store credit is issued once the return is accepted by us if you select this option, please allow 2 -3 business days for your credit to be processed from the date that the returned item is received by our team. You will be notified via email once the store credit has been issued. Store credit can be used in purchasing Goods at www.winnieandco.com.au. If the total amount of your Goods is more than your store credit balance, you will be required to pay the remaining amount with other payment methods. If the total amount of your Goods is less than your store credit balance, your remaining store credit can be redeemed for your next purchases. We reserve the right to correct your store credit if there are any technical errors on your account credit balance.
Privacy Policy
Your privacy is important to us. We are committed to protecting your personal information and complying with the Australian Privacy Principles under the Privacy Act 1988 (Cth). For information about how we collect, use, store, and disclose your personal information, please review our Privacy Policy. By using this site, you consent to the collection and use of your data in accordance with that policy.
User-Generated Content
By tagging @winnieandco.label or using hashtags associated with our brand on Instagram, Tik Tok or any other social media platform, you grant MQW Group Pty Ltd a non-exclusive, royalty-free, worldwide license to use, publish, and share your content (including your social media handle and image) across our digital platforms and for promotional purposes, with credit where possible.
Your Details and contacts
You agree that you have provided, and will continue to provide accurate, up to date, and complete information. We require correct information about you to provide you with Goods. You agree to be contacted for customer service matters and receive marketing promotions via text and email upon creating an account on our website or purchasing with us. Please review our Privacy Policy for further information about how we collect, store and use your personal information. If you use or create an account on our Website, you are responsible for maintaining the confidentiality of your login details and password. You agree to accept responsibility for all activities that occur within your account. If you feel your account has been accessed without your authority, please contact us immediately. We also recommend that you log in to your account and change your password. We reserve the right to refuse you access to Our Website at our sole discretion.
Your Email Address
You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection. You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
System Security
We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted. You agree that you will not allow any other person to violate or attempt to violate any aspect of the security of Our Website. You may not use any software tool for the purpose of extracting data from Our Website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Disclaimers
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advanced notice. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you could bring to our immediate attention, any that you find. To the full extent permitted by law, we give no warranty and make no representation, express or implied, as to: the adequacy or appropriateness of the Goods for your purpose; the truth of any Content on Our Website published by someone other than us; any condition, merchant ability or fitness of the Goods for a purpose other than that for which the Goods are commonly used; or compatibility of Our Website with your equipment, software or telecommunications connection. Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Content and Intellectual Property Rights
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including but not limited to copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software). We also claim copyright in the designs and compilation of all Content of Our Website. Title and ownership rights shall remain the sole property of us and / or the other content providers. We will strongly protect those rights in all countries. You may not use our name, logos or trade marks or any other Content on any website of yours or that of any other person. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Subject to the other terms of these terms and conditions, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
By purchasing Goods from Winnie & Co. (MQW Group Pty Ltd) you agree that any images you produce featuring our garments can be reposted on any of our social media platforms (with photo credits to your company) as well as providing us permission to use these on our website or for our own sales purposes in a non-public forum such as emails and/or texts. You agree not to pursue any copyright action against MQW Group Pty Ltd.
The Content on our Website is for general information purposes only. We do not warrant or make any representations as to any third-party products or services described or referred to on our Website. Any use of the materials or information found on our Website by another person or organisation is entirely at the user's own risk.
Indemnity
You agree to indemnify us against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of Our Website, your posting of any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person or organisation.
Miscellaneous Provisions
When we communicate with you, we will usually do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. Where we provide Goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those Goods or service.
Nothing in these terms and conditions or on Our Website shall confer on any third party any benefit or obligation. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. No waiver by us, in exercising any right, power or provision in these terms and conditions shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. In the event of a dispute arising out of or in connection with these terms and conditions or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
Limitation of Liability
To the maximum extent permitted by law, MQW Group Pty Ltd shall not be liable for any loss or damage arising from your use of the website, your reliance on any content, or your purchase and use of our Goods. Risk in the Goods passes to you upon delivery.
Changes to Terms
MQW Group Pty Ltd reserves the right to update or modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon being posted on our website. Your continued use of our site after changes are made constitutes your agreement to be bound by the updated terms.
Entire Agreement
These terms and conditions shall be governed by and construed in accordance with the law of Australia. These terms and conditions shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.