Terms and conditions
These General Conditions of Sale (“GCS”) govern all relations between Pick and Buy Limited, a private company under Mauritian law, whose head office is at IBL House, Caudan Waterfront, Port Louis, registered with the Registrar of Companies under the number C3539, of which the BRN is C06003539 and the VAT number is 20032249 (hereinafter, “Winner’s” or the “Seller”) and the persons placing an order on the accessible website (hereinafter “Customers”) at www.winners.mu, (hereinafter “winners.mu”).
Article 1: Preamble
These GCS aim to describe the terms of distance selling of goods between the Seller and the Customer (hereinafter the “Parties”). They express the full obligations and rights of the Parties. The Customer has the option of printing or saving them in pdf format by clicking here.
Any order placed on the winners.mu site requires the prior and unrestricted acceptance of these GCS which are subject to Mauritian law. The fact for the user to check the box: “I have read and accept the general conditions of sale” therefore means that he has read and accepted these GCS. Failing to tick the box provided for this purpose, the Customer may not place an order. In this sense, the Customer unreservedly accepts all of these conditions, to the exclusion of all others.
Winner’s reserves the right to adapt or modify these GCS at any time. The general conditions of sale applicable are those in force on the day of your order. By placing an order on winners.mu, the Customer certifies that they are a person of at least 18 years of age and not a trader. He acknowledges having the full capacity to be bound under these GCS when he transacts on winners.mu. By placing an order on winners.mu, the Customer fully acknowledges having the full capacity to engage himself relating to the third-party terms & conditions.
It is specified, for all practical purposes, that any order placed on winners.mu must correspond to the normal needs of the Customer and that the sale of alcohol to persons under 18 years of age is prohibited.
Article 2: The products and services offered by winners.mu
The list and characteristics of the products and services offered on winners.mu may be modified and adapted at any time to better meet the expectations of the Customer. The products and services offered on winners.mu comply with Mauritian legislation and the standards applicable in Mauritius. The products and services offered on winners.mu are only intended for the use of individuals. The purchaser remains sole judge of the conditions of compatibility of the winners.mu products with its use and with the complementary products already in its possession.
To ensure the availability of the products sold by Winner’s with regard to its customers, particularly during promotional offers, Winner’s reserves the right to refuse to honor all or part of an order deemed abnormal with regard to the quantity of products usually ordered by a consumer.
The products are available at the prices and conditions offered as long as they are visible on the winners.mu site (while stocks last).
Winner’s cannot confirm to the Customer the availability of the products ordered during the validation of his order.
In the exceptional event that the information relating to the availability of products is incorrect, Winner’s undertakes to inform the Customer thereof by email or telephone and to provide them with any additional information necessary for the proper execution of their order.
Article 3: Delivery and transfer of ownership
Winner’s offers the Customer the following delivery or withdrawal conditions:
Home delivery is available for orders as from MUR 500 for a fix charge for the delivery of Mur 250. The minimum fee of Rs.500 includes the transport and bagging fee.
Click & Collect service available at Winner’s Trianon for orders as from MUR 500.
The minimum fee of Rs.500 includes the bagging fee.
All products ordered on the winners.mu site can be delivered to your home.
The Customer chooses the date, as per the availability, when placing the order. Orders are limited to 45 per day for Home Delivery and 30 per day for Click & Collect due to capacity. As a result, our online platform is configured to give visibility and accept orders only for the days which are available from J + 2 up to J + 5.
This is valid every day except Sunday and public holidays. The Customer will receive a confirmation email when their order will be delivered.
Regarding home delivery, the Customer chooses the date delivery when confirming the order. The Customer will be contacted by phone when our delivery person is on the way to your address.
When the Customer receives the order, he must have the order reference number stipulated in the confirmation email and an identity document which can be the national identity card, driving license or passport.
The Customer is responsible for verifying the good accessibility of the place of delivery with the normal means of our delivery services. Winner’s performs the delivery of the products according to the choice of the Customer’s delivery location (validated when ordering). Exceptionally, taking into account imperatives or transport constraints, Winner’s may have to modify the date initially scheduled for the delivery of the order. The Customer will be kept informed of any date changes.
Upon delivery or withdrawal, the Customer has the obligation to check the condition of the package and the products thus delivered.
In case of non-compliance during delivery, the Customer must make reservations on the delivery note or refuse the goods. The annotation subject to unpacking on the delivery slip has no value.
During home delivery, the Customer can check the conformity of the products ordered by unpacking them. The conformity of the order is understood as the presence of the products, their suitability in relation to the order and their apparent condition.
At the time of delivery, the delivery person will let the Customer check the contents of the delivery himself before signing the delivery slip which constitutes acceptance of the goods.
If your order contains alcohol, the Customer is required to produce his national identity card, driver’s license or passport for valid proof of age.
For any delivery anomaly, the Customer must contact the customer service by e-mail or by telephone at the following number:
– Telephone: +230 202 0707
– E-mail: email@example.com
Should adverse weather conditions or any other event outside our reasonable control result in a later or cancelled delivery or collection, we will contact you as soon as possible to re-schedule. All alternative delivery or collection dates are subject to availability. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver within the estimated timescales.
Winner’s retains full and entire ownership of the products sold until full payment of all sums due (including fees and taxes) in connection with the Customer’s order. With the reception of the products of the order by the Customer, the risks run by the products received are transferred to the Customer.
Article 4: The price of the products
All orders are payable in Mauritian rupees. Product prices are subject to fluctuation and are updated daily. The prices invoiced are those in force on the date of validation of the order. They appear on the product presentation sheets and on the order summary. The prices indicated include VAT.
For products sold in bulk, the final weight may vary, and only the weight of the products shipped will be charged.
The prices displayed on our website reflect our current pricing. The customer shall be charged the price of the items on the day the order is placed.
Article 5: The Order
The Customer is responsible for the completeness and compliance of the information (delivery address, collection point, bank details, personal details) validated when ordering.
The Customer can cancel his order, however, a cancellation fee of Rs.500 is applied.
By consulting the winners.mu site, the Customer can follow the history of his orders upon validation and for a period of one (1) year.
Article 6: Validation of the Order
All orders will be subject to a confirmation email. This document, to be kept, constitutes proof of the order. In the event of a dispute and unless technically proven to the contrary on the part of the Customer, the computerized registers, stored in the computer systems of winners.mu under reasonable security conditions, will be considered as proof of communications, orders and payments made on the winners.mu site between Seller and Customer.
Article 7: Payment
To pay for his order online, the Customer has all the payment methods offered during the final validation of his order. For the use of bank or credit card, the card must be issued in the name of the Customer.
Winner’s is committed to the security of online payments. Payment data is encrypted and does not pass through the winners.mu site. The only information then circulating on the winners.mu site, during orders, is a coded number associated with the payment authorization which in no case allows the real card number to be found.
Payment can be done as follow:
Click & Collect service
Online: Credit/debit card
In store: Credit/debit card, Juice by MCB and Cash
Online: Credit/debit card
On Delivery: Credit/debit card, Juice by MCB
The following credit cards are accepted for payments: MasterCard, AMEX, Visa and MCB OwnCard and the following credit cards: CUP (MCB Foreign Card), Union Pay, Alipay, Maestro (SBM), Cirrus (SBM Debit Card), Visa Electro (Debit card).
The Customer explicitly acknowledges having the rights to use the payment method he has selected.We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
The amount of the order including the home delivery charges will be authorized and reserved at the time of validation of the order. It will then be debited when the order is delivered to the Customer or when it is picked up in the relevant store.
Article 8: Right of withdrawal and refund policy
Our main goal is to improve your daily life by creating pleasant shopping experiences. We understand that there are exceptional circumstances where you would like to return certain items. If there is a problem with your purchase, we may consider returning the items under the following conditions. The Customer must go to the store where his order comes from to make any return.
You have three (3) days to return an item from the date you received it subject to the conditions below:
Winner’s reserves the right to refuse any returns.
In the event of non-compliance with the conditions mentioned above, no return will be accepted by Winner’s.
We will notify you when we have the returned item. We will then inspect your item and inform you within 4 working days of the return, of the status of your refund.
If your return is approved, we will refund the price paid on your debit or credit card. You will receive the refund within 5 working days (according to the policies of your card issuer) of the validation of the return by Winner’s.
If during the order, the Customer has benefited from a promotional advantage, it will be reimbursed at the price he actually paid or which should have been paid if he no longer meets the conditions to benefit from it.
Please note that the additional costs incurred when returning the product(s) to the store will be charged to the Customer and the delivery costs will not be refundable.
Article 9: Information relating to your personal data
The personal data collected for distance selling is mandatory for the confirmation and validation of the Customer’s order as well as its tracking and shipping. In their absence, the Customer’s order cannot be processed. These compulsory data are identified by an asterisk on the form which is filled during the order, the others are optional. This data can be transmitted to providers located in Mauritius or abroad, for the sole purpose of the proper execution of the order, and / or the establishment of statistics.
In order to strengthen the level of security and protection against possible identity theft or attempted fraud, the data collected by Winner’s from its Customers in the context of an order may also be communicated to a service provider for the purpose of analysis and evaluation of the level of confidence linked to each order.
The Customer may receive, through winners.mu, proposals from other companies or organizations of the IBL group, or be informed of offers by telephone or email. It can thus benefit from offers and promotions from companies and brands of the IBL group. The Customer who has already placed an order may also receive offers or promotions from winners.mu (hereinafter: “Marketing”).
By accepting the General Conditions of Sale, the Customer expressly and unreservedly consents to the use of his personal data for marketing purposes.
Article 10: Force majeure
Force majeure events as defined by Mauritian legislation and jurisprudence which make it impossible for winners.mu to execute the sales contract under the conditions provided for constitute a cause for suspension or termination of Winner’s’s obligations. If this situation arises, an additional extension of days beyond a period of 15 days is acceptable. Winner’s cannot then be held responsible for the non-performance of the contract concluded in the event of one of the events mentioned above.
If the force majeure event continues beyond 15 days from its occurrence, the Parties may notify each other by email, the cancellation of the order without right to compensation on either side.
Article 11: Settlement of disputes
This contract is subject to Mauritian law.
In the event that a dispute arises from this contractual relationship, the Parties undertake, before any legal action, to seek an amicable solution.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the Mauritian courts.
Article 12: Intellectual property
All elements of the winners.mu site (including content, code, architecture, design, recipes, product sheet, pictograms, images) are protected by copyright, trademarks or patents. Their use without the prior written consent of Winner’s or other rights holders may constitute an infringement and give rise to prosecution.
By connecting to the winners.mu site, you are prohibited from copying or downloading all or part of its content, except with the express prior authorization of the Seller. The extraction, reuse, storage, reproduction, representation or conservation of quantitatively or qualitatively substantial parts of the Winner’s site, in any form whatsoever, is prohibited under the rights of the producer of the databases without prior authorization written by Winner’s.
The user who has a website on a personal and non-commercial basis has the possibility of placing on his site a simple link referring directly to the page of the Winner’s site as soon as the Winner’s site appears in a distinct manner and not encapsulated in the original site. In this case, it will not be an implicit affiliation agreement. Winner’s reserves the right to prohibit any link from a site whose content appears to it to be inappropriate, without this prohibition being liable to incur any liability whatsoever.
In any case, any link, even tacitly authorized, must be removed at the request of Winner’s.
Article 13: Special conditions for the sale of alcoholic beverages
These special conditions of sale deviate from the GCS applicable to all other products sold on the winners.mu site.
In accordance with the laws in force in Mauritius, we refuse to sell alcohol and cigarettes to anyone under the age of 18.
The sale and delivery of alcoholic beverages and cigarettes will be made only (a) Monday to Friday (excluding holidays) between 8 a.m. and 9 p.m .; (b) Saturdays (excluding holidays) between 8 a.m. and 10 p.m. and (c) Sundays and holidays between 8 a.m. and 6 p.m. Mauritius time, and this is subject to applicable laws prohibiting the sale of alcoholic beverages on specific days. At the time of delivery, a person at least 18 years of age must receive alcoholic beverages and the delivery person can request that an identity document be presented in order to determine the age of the person receiving the products ordered.