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 website or the Coles App ("Coles Online") for goods other than liquor, and between you and Liquorland (Australia) Pty Ltd (ABN 82 007 512 414) (“Liquorland”) when you shop using Coles Online for liquor. It sets out how you can purchase goods from Coles Online. By completing the customer application process and using Coles Online, you are bound by this Agreement.
In these conditions:
Agreement is an agreement between you and CSA to supply goods and consists of the Order and these Conditions. If you purchase liquor, CSA supplies that liquor to you acting as agent for Liquorland, and this Agreement applies directly between you and Liquorland as though references in these conditions to CSA were references to Liquorland.
Click&Collect a service where you can order your shopping on Coles Online and collect it from a Click&Collect collection point.
Click&Collect collection point is the Coles outlet where Goods are collected from. Click&Collect is available from selected locations.
Coles App means the Coles mobile Application.
Conditions are these conditions, and any additions or variations;
Delivery Address is the address where the goods are to be delivered as stated on the Order;
Delivery Fee is the fee payable to CSA for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order, including but not limited to a Click&Collect.
Delivery Partners are third-party providers engaged by CSA or Liquorland to provide delivery services in connection with an Order. Online orders that may be assigned to a Delivery Partner include rapid and same-day orders, or delivery timeslots marked as partner delivery.
Goods are items in an order, and include packaging;
Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information.
Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
No bags or bagless refers to your Goods packaged, free of charge and without the use of reusable paper bags. Some items, such as fruit/s, vegetable/s or meat, may be packaged in clear white plastic barrier bags, with no handles.
Order is an order by you to purchase goods via Coles Online from CSA.
Packed refers to your Goods being packaged in reusable paper bags, at a cost to you of $1.50 per Order.
Product List is the list of Goods displayed on Coles Online.
Related Corporation has the same meaning as "related body corporate" in the Corporations Act 2001 (Cth).
Remote deliveries are deliveries to pre-approved transport providers, such as barges, train stations, airports and local couriers, including (but not limited to) the following locations Casuarina, NT and Cairns, QLD local delivery area.
Unattended Delivery refers to an Order where you have instructed CSA or otherwise agreed that the Goods can be left unattended at the Delivery Address or such other spot that CSA determines is suitable at the time of delivery. Unattended delivery is not available for orders that include any liquor, tobacco, or similar products.
An agreement exists once CSA accepts an Order from you which occurs when your order and payment or payment pre-authorisation is processed. For liquor, an agreement exists between you and Liquorland once the Order for liquor is accepted by Liquorland at its licensed premises, and payment or payment pre-authorisation is processed. Each Order is a separate Agreement and the terms may change between Orders.
Accurate information: Information provided by you in your application must be accurate and complete. You must inform CSA if there's a change to your details.
Delivery area: Orders for delivery to addresses that are not in the CSA delivery area can't be processed. We'll let you know if your Delivery Address ceases to be in an area where CSA delivers Goods.
Date of birth: If a date of birth is required by relevant state or territory liquor licensing laws for orders that contain alcohol and tobacco products, you're required to provide this information at the time of registration, order or delivery. You may need to present valid identification to our drivers or Delivery Partners prior to receiving your order.
Business Customers: Customers wishing to set up a business account can email businessorders@coles.com.au. Business customers will be bound by these conditions, but will also be bound by the additional terms specific to business customers that will be provided at the time of setting up a business account. Customers are not permitted to purchase any items for resale to a third party for retail, wholesale or trade purposes without the prior consent of Coles.
Late cancellation fee: If you cancel an Order after the order cut off time, CSA may charge you and you must pay a late cancellation fee. Further details on our late cancellation fee can be found at Manage Orders > Cancelling Your Order.
Delivery:
Click&Collect collection: Collection of Click&Collect Orders are from selected Coles’ supermarkets or Coles Express outlets. Collection of Orders is only available during the collection window you’ve chosen at the time you submitted your Order. Orders not collected may incur a cancellation fee. For Click&Collect orders, you will be responsible for choosing whether your Goods are prepared for collection as Packed or Bagless.
Authorised receipt of Goods: CSA and its’ Delivery Partners reserve the right to verify the identity of anyone placing, collecting or receiving an order which may include (but is not limited to) requesting identification and/ or proof of purchase. For standard home deliveries, anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by CSA to be authorised to receive the Goods. For Unattended Deliveries, receipt of goods by an authorised person at the Delivery Address is not required.
Additional delivery fee: For standard home deliveries if there’s no one at the Delivery Address or no one of appropriate age to receive, sign and pay for the Order when the Goods are delivered, the Goods won’t be left at the Delivery Address (unless we are able to contact you to confirm your acceptance of an Unattended Delivery). If the Goods cannot be delivered and/or you do not wish to accept an Unattended Delivery we’ll endeavour to contact you so that we can discuss your options. A cancellation fee may also apply. Further details on our late cancellation fee can be found at Manage Orders > Cancelling Your Order.
Provision of tobacco, liquor and similar products: If the Order includes tobacco, liquor or other products where there's a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. CSA and its’ Delivery Partners may verify recipient age by requesting and scanning identification at the time of delivery. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or are intoxicated or disorderly. If the above requirements are not met in respect of the supply of tobacco, liquor or similar products, CSA reserves the right to cancel your order either in whole or in part. Under no circumstances is an Unattended Delivery available if your Order contains tobacco, liquor or any other product to which a minimum age requirement is applicable.
Minimum order value: CSA sets from time to time a minimum order value. The minimum order value excludes the Delivery Fee. CSA may decide to accept an order which is below the minimum order value. Doing this in one instance won't oblige CSA to accept an order which is below the minimum order value at any other time.
Cancellation: If you need to make any changes to or would like to cancel your Order, contact us on 1800 455 400 and we will discuss your options with you.
We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:
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. Where 1 or 4 above applies, we may cancel that part of your order affected by the error or the unavailability of product.
Large / Bulk orders: Large / bulk orders are defined as any orders containing items that have been ordered above their stated retail limit. It is advised that the customer places any large/bulk orders at least 4 days before their intended delivery or collection day. This is to ensure orders of this nature are fulfilled as adequately as possible by our stores.
Risk and title in the Goods passes to you upon delivery or collection following online payment for the Goods, either at the Delivery Address (including an Unattended Delivery at the Delivery Address or Click&Collect outlet). For liquor, title passes directly from Liquorland to you upon delivery or collection following online payment.
You can make a claim for a refund or credit if:
Email online.customercare@coles.com.au or call 1800 455 400 to lodge your claim. We'll assess your claim and are happy to offer a credit or refund for any missing or faulty Goods.
For standard home deliveries, CSA may not, entirely at its own discretion, pick up any Goods that you don't accept. However we may need to inspect the Goods before making an assessment, therefore please keep them until we advise they can be discarded.
Credit for the value of any Goods or credits applied for any other reason (including customer care or promotional activity), will be applied to your next Order as long as the Order is worth more than the credit. Any credit is valid for one year from the date of issue. You can check the expiry date or balance of your credits by emailing online.customercare@coles.com.au.
Mix clothing change of mind returns: If you change your mind with Mix clothing, simply return the clothing (not worn or washed), with the original invoice and original packaging intact to your nearest Coles store within 30 days of delivery or collection, and we'll be happy to offer a refund or exchange. Unfortunately due to hygiene reasons, change of mind returns and refunds are not available for hosiery, underwear, and pierced jewellery. Swimwear can be returned but must have the plastic lining intact. Please note: Mix clothing change of mind returns can only be made to a Coles store, Coles won't refund the delivery fee, and Coles can refuse a refund or exchange if the original invoice isn't provided.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this section 6, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You're also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
Delivery Fee: If required by CSA, you must pay the Delivery fee for each Order to CSA.
Additional fees: If charged by CSA in accordance with clause 4, you must pay any late cancellation fee or additional delivery fee.
Card fees: If charged by CSA, you must pay eftpos, or credit or debit card processing fee.
Specials: CSA offers many catalogue specials and exclusive online specials, but please be aware some in-store specials are not available on Coles Online. Please note that specials and offers change on a Tuesday at 11.59pm AEST or AEDT (as applicable). Any Order placed before Tuesday 11:59pm AEDT that is modified by you after Tuesday 11:59pm AEST or AEDT (as applicable)is no longer eligible for any specials available at the time the Order was placed. The Order will instead be eligible for any relevant specials that commence on Wednesday 12:00am AEST or AEDT (as applicable).
Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and that appears on the Order confirmation, except:
Pricing Errors: CSA reserves the right to amend any pricing errors displayed 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 pursuant to clause 4 above.
Tax invoice: Before or upon delivery of the Goods, we'll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.
Method of payment: At the time you place the Order, you'll be required to select your payment method being either, online payment by credit card, debit card, PayPal or customer account for approved business customers. Unless otherwise agreed, in order to receive the Goods you have ordered, payment must be received by the selected payment method.
Pre-authorisation of payment: For some payment methods (including debit and credit cards) CSA 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) at the time we pick your Order. You authorise CSA to pre-authorise the amount that is payable for an accepted Order from your nominated debit or credit card.
Unsuccessful pre-authorisation of payment: If CSA is unable to successfully process the pre-authorisation of payment for your Order, your Order will be cancelled.
Saved Credit Cards: Where the customer chooses to save their card details on Coles Online, the customer consents to CSA storing the card details for use only as a payment method for future purchases they may make.
See more details about payment methods.
We may from time to time issue promotional codes. These promotional codes are personal to the individuals we issue them to and cannot be transferred or sold. The promotional codes are subject to the terms disclosed at the time of issue. We reserve the right to cancel any or all promotional codes at any time if we suspect error, fraud or any other abuse of the codes is occurring.
By entering your flybuys number, you agree that flybuys and Coles can exchange information about you.
If you owe money to CSA under one Agreement, CSA may set-off that money against any money that CSA owes to you under another Agreement. If CSA owes money to you under one Agreement, CSA may set-off that money against any money that you owe it under another Agreement.
CSA doesn't provide rainchecks on Goods ordered by you on Coles Online. CSA will select for you (unless you advise us otherwise via your account or at the time of order) a substitution for Goods that are out of stock. CSA will try to ensure that all Goods you order (and any agreed substitutes) are supplied. CSA can limit sales to reasonable or normal household quantities. Substitute items are charged at the lower of the original and the substitute price.
Where a Grocery Product that you have selected is substituted with another Grocery Product, we cannot ensure that substitute Grocery Product caters to your specific dietary requirements, including allergies. Please read the labels of each Grocery Product (and any substitute Grocery Product provided to you) for dietary and allergy information.
CSA aims to provide up-to-date pictures and details of the Goods on our site. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. If you have any questions about the Goods in your Order, please contact us on 1800 455 400. Please read the labels carefully before consuming Goods.
You acknowledge that CSA or its related bodies corporate own or are licensed to use all Intellectual Property Rights in Coles Online, including any images, photographs or text that appears on Coles Online. You must not make any representation to the contrary and you must not use or copy Coles Online in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on Coles Online are owned by or licensed to CSA or its related bodies corporate, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
except to the extent that such loss or damage arose as a direct result of our negligence, fraud or wrongful act or omission.
These limitations don't apply to any condition or warranty implied by legislation that does not permit CSA's liability to be limited.
You may only use the Website for personal purposes unless Coles Online provides express written consent to the contrary. Your use of the website is governed by the terms of use for Coles websites which can be viewed at our website terms and conditions.
Coles Online may contain links to websites controlled by third parties (“third party websites”). CSA isn't 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.
CSA makes no representations that third party websites do not infringe anyone's Intellectual Property Rights.
CSA terms and conditions do not apply to any tasks placed on Airtasker. The Airtasker terms and conditions will apply.
You are responsible for the safekeeping of your user name and password, and you're liable if your account is misused by an unauthorised person.
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.
For details on CSA's commitment to your privacy, please refer to our Privacy Policy.
Where it is in Coles' legitimate interests to do so, CSA may, acting reasonably, terminate or suspend this Agreement at any time by delivering notice (as specified in clause 21) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. CSA may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing Orders using Coles Online at any time.
CSA may give notice to you by email, conventional mail or notice on Coles Online. You may give notice to CSA by email to online.CustomerCare@coles.com.au
Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.
The laws of Victoria govern this Agreement.