This Agreement is a contract between you and Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708) (“CSA”) when you shop using the Coles Best Buys Online Exclusive website (Website). It sets out how you can purchase goods from the Website. By using the Website, you are bound by this Agreement.

1. Access and use of this Website
2. Goods
3. Pricing
4. Promotions
5. Substitution
6. Ordering and Payment
7. Cancellation
8. Shipping & Delivery
9. Returns
10. Refunds
11. Liability
12. Use of the Website
13. Third Party Websites
14. Username and Password
15. Packaging and Labelling of Goods
16. Intellectual Property Rights
17. Changes to this Agreement 
18. Privacy and Security
19. Notices
20. Severability
21. Governing law

• 1. Access and use of this Website

• 1.1 Access to and use of the Website is subject to these terms and conditions (Terms and Conditions).

• 2. Goods

• 2.1 All goods displayed on the Website are subject to availability. CSA will use all reasonable endeavours to only display goods that are available to deliver but goods can sell out from time to time due to high demand.
• 2.2 In the unlikely event of a good being out of stock after an order has been placed, the amount paid will be fully refunded and you will be notified by email.
• 2.3 CSA reserves the right to limit purchases to reasonable quantities.

• 3. Pricing

• 3.1 All prices are in Australian Dollars
• 3.2 All prices include GST
• 3.3 Prices are as state at the time of purchase, no further discounts available. 
• 3.4 CSA reserves the right to amend any pricing errors displayed on this Website due to human error, computer malfunction or other reason and may exercise its right to cancel the order at any point prior to delivery of the goods. 

• 4. Promotions

• 4.1 Any other CSA promotions, including but not limited to, in-store promotions, Flybuys offers, special campaigns and discounted pricing cannot be used in conjunction with purchases made on this Website.
• 4.2 Team Member discounts cannot be used in conjunction with purchases made on this Website.
• 4.3 Flybuys points will not be awarded for purchases made on this Website. 

• 5. Substitution

• 5.5 Coles Online does not provide substitutions or rainchecks for goods purchased on this Website.

• 6. Ordering and Payment

• 6.1 You can place an order by adding a good to your basket and completing the checkout process.
• 6.2 You must pay at time you place your order. No credit is available.
• 6.3 Payment must be cleared before an order can be dispatched.
• 6.4 Payments are facilitated by PayPal gateway (no PayPal account required). All major credit cards and PayPal are accepted. CSA does not accept bank transfers, After Pay services, ApplePay, cheques, cash, or money orders on this Website.
• 6.5 If charged, you must pay any eftpos, or credit or debit card processing fees. Such charges will be made clear during checkout and prior to completion of the payment.
  
  

• 7. Cancellation

• 7.1 Confirmed orders are not able to be modified. Please ensure all details are correct prior to completing your order.
• 7.2 CSA may cancel your order and reverse payment before delivery in whole or in part. The circumstances in which we may cancel your order are if:
• • where there is any error in the description of any of the goods in your order or the price as advertised by CSA on this Website;
  • suspected fraudulent activity;
  • your order is in breach of these Terms and Conditions or is contrary to any law; or
  • your order is not able to be fulfilled due to unavailability of the goods you have ordered.
• 7.3 In the event that your order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.

• 8. Shipping & Delivery

• 8.1 CSA only delivers in Australia and may not be able to deliver to every address in Australia.
• 8.2 Prior to completing your order please check delivery is available to your address using the postcode checker at check out.
• 8.3 Click and Collect is not available.
• 8.4 A third party supplier appointed by CSA will process your order placed on this Website; pick and pack; and arrange the delivery through their selected provider. This delivery provider is at the discretion of the supplier supplying the goods.
• 8.5 You will be provided with tracking details via email when your order ships.
• 8.6 If you purchase goods from multiple suppliers you will receive multiple deliveries and tracking information.
• 8.7 Some goods may be dispatched in multiple packages.
• 8.8 Delivery time is usually 2-10 business days from dispatch (under normal conditions), but may be longer for remote locations.
• 8.9 Delivery cannot be arranged for specific days or times.
• 8.10 All orders will be assumed to have an “Authority to Leave”. If you are not home at the time of delivery, the delivery provider will supply a proof of delivery note. If the delivery provider considers that the delivery location is not secure, your order will not be left and will notify you of the attempted delivery.
• 8.11 CSA has no responsibility where you provide an incorrect address for delivery for orders placed on this Website.
• 8.12 Any order returned due to failed delivery will be refunded.
• 8.13 Risk and title to the goods passes when delivered to the delivery address provided.
• 8.14 In respect of unattended deliveries, to the maximum extent permitted by law or as otherwise set out in these Terms and Conditions, CSA will not be liable to you or to any other person, for any loss arising out of or in connection with:
  • where goods are left at the delivery address as requested by you;
  • where goods are left at a delivery address in a manner that is consistent with your delivery instructions; or
  • where goods are not left at the delivery address and require redelivery arrangements to be made,

  except to the extent that such loss or damage arose as a direct result of our negligence, fraud or wrongful act or omission.

• 9. Returns

• 9.1 All returns should be organised by contacting the Coles Online Customer Care Team at:

Email: bestbuys@online.coles.com.au

Call: 1800 455 400

• 9.2 CSA accepts returns for orders placed on this Website based on:
  • change of mind, if advised within 30 days of the date of purchase and subject to the requirements set out in 9.3 and 9.4; or
  • for faulty or damaged goods or other claims under the consumer guarantees.
• 9.3 In respect of goods returned for change of mind only, goods must be:
  • unused, preferably unopened and in its original and saleable condition and packaging, with all accessories included; and
  • not subject to the exclusions listed in clause 9.4 or as otherwise noted on the relevant product page on the Website.
• 9.4 Returns will not be provided on the following types of products unless the product fails to meet a consumer guarantee:
  • perishable goods (for example, flowers or food);
  • bedding accessories (for example, quilts, pillows and mattress protection items);
  • cosmetics and makeup;
  • candles;
  • personal care products; and
  • items advertised as not eligible for change of mind returns on the product page.
• 9.5 The cost of returning goods purchased will be at your expense, except in the case of faulty or damaged goods or other claims under the consumer guarantees.
• 9.6 Some goods may also come with an additional manufacturer’s warranty as indicated in the documentation provided with the relevant goods. Should you wish to make any claim under a manufacturer’s warranty, you can do so directly with the relevant manufacturer.
• 9.7 Nothing in this clause is intended to exclude any of your statutory rights as a consumer under the Australian Consumer Law, including seeking any remedies to which you are entitled from Coles.

• 10. Refunds

• 10.1 All refunds will be processed when the returned good is received by CSA (or its sub-contractor).
• 10.2 Refunds may take 3-5 days, depending on the relevant financial institution.

• 11. Liability

• 11.1 CSA will use reasonable care and skill in providing this Website for your use.
• 11.2 Subject to clauses 11.3, 11.4 and 11.5, CSA is responsible for direct losses suffered by you as a result of:
  • CSA’s negligence, fraud or wrongful acts or omissions; or
  • CSA committing a serious breach of these Terms and Conditions,
  if that loss was reasonably foreseeable at the time.
• 11.3 Subject to clauses 8.14 and 11.2 and to the extent permitted by law, you release and discharge CSA from all forms of special, indirect or consequential losses (including loss of profits, or loss of data) arising out of or in connection with CSA or these Terms and Conditions.
• 11.4 Provided that it is fair and reasonable to do so, any liability by CSA resulting from a breach of warranty (express or implied) will be limited as follows:
  • if the breach relates to the goods, to the replacement of the goods or the supply of equivalent goods; or
  • if the breach relates to delivery, to the re-supply of the delivery or the cost of having the goods delivered again.
• 11.5 These limitations do not apply to any condition or warranty implied by legislation that does not permit CSA to limit its liability.

• 12. Use of the Website

• 12.1 You may only use this Website for personal purposes unless CSA provides express written consent to the contrary.
• 12.2 Your use of this Website is governed by the terms of use for Coles’ websites which can be viewed here viewed here.
• 12.3  You agree to use this Website on the terms set out in this Agreement. Coles reserves the right to remove your online shopping privileges where you breach a material term of this Agreement, engage in fraudulent activity in connection with Coles Online, or for any other reason CSA determines necessary (acting reasonably) in order to protect its legitimate business interests.

• 13. Third Party Websites

• 13.1 If this Website contains links to websites controlled by third parties, CSA is not responsible for any content on third party websites nor does it endorse or approve those websites. If you choose to visit third party websites you do so at your own risk and should make your own enquiries before relying on any content you view there.
• 13.2 CSA makes no representations in relation to the third party websites.

• 14. Username and Password

  If a username and password are required, you are responsible for the safekeeping of your username and password, and you are liable if your account is misused by an unauthorised person.

• 15. Packaging and Labelling of Goods

  CSA aims to provide up-to-date pictures and details of the goods on this Website. At times, the picture or details of the goods may differ from the goods actually supplied. If you have any questions about the goods in your order, please contact CSA on 1800 455 400.

• 16. Intellectual Property Rights

  You acknowledge that CSA or its related corporations own or are licensed to use all intellectual property rights on the Website, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy any aspect of the Website in any manner inconsistent with the rights of the owner or licensee of such intellectual property rights.

• 17. Changes to this Agreement 

  Each time you place an order, you agree to the terms of this Agreement. The terms that apply may change between orders and you should review the terms at the time of placing an order.

• 18. Privacy and Security

  For details on CSA's commitment to your privacy, please refer to our Privacy Policy. This website is powered by Shopify Inc, for details on Shopify Inc.’s commitment to your privacy, please refer to the Shopify Privacy policy. Please contact Coles Customer Care on 1800 455 400 or via email at privacy@coles.com.au for any privacy related queries.

• 19. Notices

• CSA may give notice to you by email, conventional mail or notice on Website. You may give notice to CSA by email to online.CustomerCare@coles.com.au.

• 20. Severability

  Each provision of these Terms and Conditions is severable. The Terms and Conditions remain enforceable even if individual clauses are removed or deemed unenforceable.

• 21. Governing law

  The laws of Victoria govern these Terms and Conditions.