That is right and this is covered by the standard Woolworths T&Cs.
I read the no refund in the delivery offer as the consumer cancelling the subscription or requesting a refund for some reason as outlined in the delivery T&Cs.
If Woolworths delivery service fails it is captured under the ACL…the standard T&Cs apply where resolution under th ACL is possible.
The confusion possibly lies as both T&Cs need to be read in conjunction with each other. The delivery T&Cs relate to the consumer’s requirements…where the standard T&Cs relate broader and include Woolworths. One can’t just read the consumer obligations without reading the standard T&Cs. Woolworths makes it clear at the start of the delivery T&Cs that this is the case.
If I put up in my store (if I had one) a No Refund sign with perhaps “at any time” added, but further in had a sign that stated no refund at any time for change of mind would the first No Refund sign be illegal?
I think it would, regardless of what the other sign stated or didn’t state.
No it isn’t…but this isn’t a sign and quite different. Woolworths makes it clear that all the terms and conditions need to be read in unison. If one reads all the T&Cs together, the obligations are clear as outlined in my previous post. One can’t select individual clauses and make judgement solely on these out of context. The business.gov.au website makes it clear that
You should read the entire contract, including the fine print, before signing.
The whole Woolworths contract includes the delivery and standard T&Cs.
Edit: As it appears that consumers may not read all the terms and conditions associated with Woolworths Delivery Unlimited subscription, possibly Woolworths could reword clause 23 to something like:
As these terms and conditions are the obligations of the consumer subscribing to the Delivery Unlimited Subscription, refunds will not be provided under the Delivery Unlimited Subscription terms and conditions at any time (also see clause 22).
This then makes it clear that if one is only reading the Delivery Unlimited Subscription terms and conditions, that refunds outlined under these terms will not be provided. If one then choses to also read the Woolworths standard terms and conditions, they will realised that under these T&Cs, refunds are possible where Woolworths doesn’t meet it’s obligations under the Australian Consumer Law.
I recently visited W.A. and am in self-isolation so ordered groceries online from Woolworths.Their menu showed some items as “not available” or “out of stock” - fair enough. I didn’t select those items. But when I reached checkout, many of the items I had selected were now marked “not available” on the checkout screen. So I did not proceed with Woolworths and were able to get what I wanted from Coles.
