Conditions of Use
Terms of Use
These General Terms and Conditions of Sale ("GTC") govern all relations between Pick and Buy Limited, a private company incorporated under Mauritian law, whose registered office is at IBL House, Caudan Waterfront, Port Louis, registered with the Registrar of Companies under number C3539, whose BRN is C06003539 and VAT number is 20032249 (hereinafter, "Winner's" or the "Seller") and persons having placed an order on the website accessible (hereinafter "Customers") at the address www.winners.mu, (hereinafter "winners.mu").
Article 1: Preamble
These General Terms and Conditions are intended to describe the conditions of distance selling of goods between the Seller and the Customer (hereinafter referred to as the “Parties”). They fully express the obligations and rights of the Parties. The Customer has the option of printing them or saving them in PDF format by clicking here.
Any order placed on the winners.mu website requires the prior and unrestricted acceptance of these General Terms and Conditions, which are subject to Mauritian law. When the user checks the box: "I accept the general terms and conditions and the privacy policy" therefore means that he has read and accepted these general terms and conditions and the privacy policy. If the box provided for this purpose is not checked, the Customer will not be able to place his order. In this sense, the Customer accepts without reservation all of these conditions, to the exclusion of all others.
The Seller reserves the right to adapt or modify these GTC at any time. The applicable general terms and conditions of sale are those in effect on the day of your order. By placing an order on winners.mu, the Customer certifies that he or she is a person of at least 18 years of age and not a merchant. He or she acknowledges in full capacity that he or she is bound by these GTC during his or her transactions on winners.mu. By placing an order on winners.mu, the Customer voluntarily agrees to be bound by the terms and conditions of all third-party entities.
Please note that any order placed on winners.mu must correspond to the normal needs of an individual and that the sale of alcohol to persons under 18 is prohibited.
Article 2: Products and services offered by winners.mu
The list and specifications of the products and services offered on winners.mu may be modified and adapted at any time to better meet the expectations of the Client. E-vouchers purchased on winners.mu are intended for redemption by the designated beneficiary at any Winner’s supermarkets and are subject to specific terms outlined in Article 14. 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 intended for use by individuals only. The choice and compatibility of the products on winners.mu rests entirely with the client.
To ensure the availability of products sold by winners.mu to its customers, particularly during promotional offers, the Seller reserves the right to refuse or honor all or part of the order considered 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 website (while stocks last).
The Seller cannot confirm to the Customer the availability of the products ordered when confirming their order.
Article 3: Delivery and transfer of ownership
The Seller offers to the Customer the following delivery or collection conditions:
Home delivery is available for orders starting from MUR 500 for a fixed price for delivery of MUR 250.
Click & Collect is available exclusively at Winners Tribeca and the minimum order value is MUR 500.
For e-vouchers purchased through winners.mu, delivery takes place via email. Upon successful completion of the online payment process, the Customer will receive an automated email containing the e-voucher. This email will be sent to the registered email address associated with the Customer's account on winners.mu.
Please note that for home delivery, orders are limited to 45 per day and 30 per day for the Click & Collect service (in-store collection)
All products ordered on the winners.mu website, except for e-vouchers, can be delivered to your home.
When validating your order, the Customer can choose the date of delivery/collection in store according to availability on the site. Consequently, our online platform is configured to give visibility and accept orders only for available days from D + 2 to D + 6.
The service is valid every day except Sundays and public holidays.
Regarding home delivery, the Customer chooses the delivery date when validating the order. The Customer will be contacted by telephone when our delivery person goes to your address.
When receiving the order, the Customer must have the order reference number indicated in the confirmation email and an identity document which may be the national identity card, driving license or passport.
The Customer is responsible for checking the proper accessibility of the delivery location taking into consideration our means of delivery. The Seller delivers the products according to the customer's choice of delivery location (validated when ordering). Exceptionally, taking into account requirements or transport constraints, the Seller may have to modify the date initially planned for delivery of the order. The Customer will be kept informed of any change of date.
Upon delivery or collection, the Customer is required to check the condition of the package and the products thus delivered.
In the event of non-conformity upon delivery, the Customer must make reservations on the delivery note or refuse the goods. The annotation submitted upon unpacking on the delivery note has no value.
Upon home delivery, the Customer must check the conformity of the products ordered by unpacking them. The conformity of the order means the presence of the products, the quality and the visual aspect of the products ordered on winners.mu.
At the time of delivery, the delivery person will allow the Customer to check the contents of the delivery himself before signing the delivery note which constitutes acceptance of the goods.
As a reminder, for all orders containing alcoholic beverages, the person receiving the order must be at least 18 years old. The Customer must produce his national identity card or driving license or a passport as proof.
For any delivery anomaly, the Customer must contact customer service by email or by telephone at the following number:
- Email: customerservice@winners.mu
- Phone: +230 460 7920
If adverse weather conditions or any other event beyond our reasonable control result in a late or cancelled delivery or collection, we will contact you as soon as possible to reschedule. All alternative delivery or collection dates are subject to availability. We endeavour to deliver goods within the estimated timescales, but delays are sometimes unavoidable due to unforeseen factors. We accept no liability for any delay or failure to deliver within the estimated timescales.
Article 4: The price of the products
All orders are payable in Mauritian Rupees. Product prices are subject to fluctuations and are updated daily. The prices charged are those in effect on the day the order is validated. 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 prices. The Customer will be charged the price of the items on the day of ordering.
Article 5: The Order
The Customer is responsible for the conformity of the information communicated (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 order from the time of validation and for a period of one (1) year.
Article 6: Validation of the order
For each validated order, the Customer will receive a confirmation email. This document, to be kept, constitutes proof of the order. In the event of a dispute and unless the Customer provides technical proof to the contrary, the computerized records, stored in the winners.mu computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made on the winners.mu website between the seller and the customer.
Article 7: Payment
Individuals
To pay for his order online, including the purchase of e-vouchers, the Customer has all the means of payment offered during the final validation of his order. To use a bank or credit card, the card must be issued in the name of the Customer.
The Seller is committed to the security of online payments. Payment data is encrypted and does not pass through the winners.mu website. The only information circulating on the winners.mu website, when orders are placed, is a coded number associated with the payment authorization which in no way allows the real card number to be found.
Payment can be made as follows:
Click & Collect Service
Online: Credit / Debit Card
On site: Credit / debit card
Home Delivery Online / Purchase of e-vouchers
: Credit/Debit Card
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), American Express.
The Customer explicitly acknowledges that they have the right to use the payment method they have chosen. We will take all reasonable precautions to secure the details of your order and payment, but, except in the case of gross negligence, we cannot be held responsible for losses caused as a result of unauthorized access to the information you have provided to us.
The amount of the order including home delivery costs will be debited when your order is validated.
Pre-approved Credit Customers (available to companies and NGOs only)
The option to purchase products on credit through winners.mu, is exclusively available to companies and NGOs who are eligible and have been pre-approved by the Seller. This credit facility is not available to individual customers. Eligible companies / NGOs must complete a credit application form and provide necessary documentation to the Seller’s Finance Department, in order for their credit facilities to be activated on winners.mu.
Approval for credit purchases is at the sole discretion of the Seller. The Seller reserves the right to request additional information or documentation to approve the application. Approval is contingent upon a satisfactory review of the company’s / NGO’s financial standing, credit history, and other relevant factors.
As a measure of control, Credit Customers must designate two individuals within the company / NGO to manage the credit purchasing process, to whom two sets of credentials will be allocated by the Seller:
- Administrator: This individual is responsible for conducting online purchases on behalf of the company / NGO. The administrator will have access to the company’s account on the Seller’s website and is authorized to place orders.
- Validator: This individual is responsible for approving orders placed by the administrator. The validator must review the purchase details and confirm approval via email before the order is finalized. After 72 hours, if order has not been approved the order will be automatically cancelled.
The Seller shall not be responsible in the event of unauthorized purchases carried out on behalf of Credit Customers.
Credit Customers must adhere to the payment terms specified in their credit agreement. Invoices will be issued for each purchase, and payment is due according to the agreed-upon terms. Failure to make timely payments may result in late fees or interest charges as stipulated in the credit agreement.
The Seller reserves the right to deactivate revoke credit facilities at any time, with or without cause. This may occur in situations such as, but not limited to, unpaid invoices, late payments, or any indications of financial instability. Upon deactivation or revocation, the Credit Customer may be required to settle all outstanding invoices immediately.
Credit Customers are responsible for ensuring that all invoices are paid in full and on time. The Seller will not be liable for any losses incurred as a result of delayed or unpaid invoices. It is the Credit Customer’s responsibility to maintain accurate records of their purchases and payments.
Article 8: Right of withdrawal and refund policy
The Seller reserves the right to refuse any return.
In the event of non-compliance with the conditions mentioned above, no return will be accepted by the Seller.
An investigation will be made to follow up on your returned item. Customer Service will contact you for follow-up.
If your return is approved, we will refund the price paid to your debit or credit card. You will receive the refund within 72 hours of the return being validated by Winners.
If during the order, the Customer has benefited from a promotional advantage, this will be refunded to him at the price that he actually paid or that should have been paid if he no longer meets the conditions to benefit from it.
Please note that any additional costs incurred when returning the product(s) to the store will be charged to the Customer and delivery charges will not be refundable.
Article 9: Information relating to your personal data
In order to ensure the processing, tracking and archiving of orders, the Seller must necessarily process and collect personal data concerning the Customer. We recommend that you read our privacy policy by clicking here (https://www.winners.mu/privacy-policy/)
The personal data collected for distance selling are mandatory for the confirmation and validation of the Customer's order as well as for its tracking and shipping. In their absence, the Customer's order cannot be processed. These mandatory data are identified by an asterisk on the form that is filled in when ordering, the others are optional. These data may be transmitted to service 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 Winners from its customers as part of an order may also be communicated to a service provider for the purpose of analysis and evaluation.
Except in the circumstances expressly provided for by the laws in force, we will not be held liable for any damage (direct or indirect) and/or loss of data in the event of computer hacking.
The Customer may receive, via winners.mu, offers from other companies or organizations of the IBL group, or be informed of offers by telephone or e-mail. He 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. This consent may be withdrawn at any time at the express request of the Customer.
Article 10: Force majeure
Force majeure events as defined by Mauritian legislation and case law that make it impossible for winners.mu to perform the sales contract under the conditions provided for constitute a cause for suspension. Cancellation of the Seller's obligations. If this situation arises, an additional extension of days beyond a period of 15 days is acceptable. The Seller cannot therefore 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 of the cancellation of the order without any right to compensation on either side.
Article 11: Dispute Resolution
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 find an amicable solution within 1 month.
In the absence of an amicable agreement between the Parties, the dispute will be submitted to the competent Mauritian courts.
Article 12: Intellectual property
All elements of the winners.mu website (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 Winners or other rights holders may constitute an infringement and give rise to legal action.
By connecting to the winners.mu site, you are prohibited from copying or downloading all or part of its content, except with the prior and approved authorization of the Seller. The extraction, reuse, storage, reproduction, representation or conservation of quantitatively or qualitatively substantial parts of the Seller's "site, in any form whatsoever, is prohibited under the rights of the producer of the databases without the prior written authorization of the seller
The user who has a personal and non-commercial website has the possibility to place on his site a simple link directly referring to the winners.mu page as soon as the site appears distinctly and not encapsulated in the original site. In this case, it will not be an implicit affiliation agreement. The Seller reserves the right to prohibit any link from a site whose content appears to be unsuitable, without this prohibition is likely to incur any liability whatsoever.
In any case, any link must be removed at the request of the Seller.
Article 13: Special conditions for the sale of alcoholic beverages
These special conditions of sale deviate from the GTC applicable to all other products sold on the winners.mu website.
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 only be made (a) Monday to Friday (excluding public holidays) between 8am and 9pm; (b) Saturdays (excluding public holidays) between 8am and 10pm; and (c) Sundays and public holidays between 8am and 6pm Mauritius time, and this is subject to applicable laws prohibiting the sale of certain alcoholic beverages. At the time of delivery, a person of at least 18 years of age must receive alcoholic beverages and the delivery person may request that identification be presented to him in order to determine the age of the person receiving the ordered products.
Article 14: Special conditions for the purchase of e-vouchers
E-vouchers may not be purchased online together with other products in the same purchase order.
A beneficiary name must be added for each e-voucher, and the Customer may exclude alcoholic drinks and cigarettes as items that may be purchased through the e-voucher.
E-vouchers can only be redeemed at checkout at any Winner’s supermarkets. To redeem:
- Present the digital voucher (printed or displayed on a mobile device) at the cashier.
- The cashier will validate the digital QR code on the e-voucher for the purchase.
E-vouchers are non-refundable and cannot be exchanged for cash. All e-voucher purchases are final.
E-vouchers have an expiration date of 180 days, beyond which they may not be redeemed. It is the responsibility of the Customer and the beneficiary to use the e-voucher before expiration.
The Seller is not responsible for lost, stolen, damaged, or unauthorized use of e-vouchers. In the event that an e-voucher is lost or stolen, Customers must report the issue to the Seller’s customer support team immediately. Once an e-voucher has been issued, the Seller shall not provide replacements or refunds for lost or stolen vouchers. This policy is in place to prevent fraud and ensure the security of all transactions.
It is the responsibility of the Customer and/or beneficiary to take appropriate precautionary measures to safeguard their e-vouchers.
The Seller reserves the right to investigate any suspicious transactions related to e-vouchers and may refuse orders based on fraud concerns.
The Seller reserves the right to modify the terms and conditions associated with e-vouchers at any time, including the ability to discontinue e-vouchers or change participating locations. Customers will be notified of such changes as appropriate.
V5: 10.10.2024
