Welcome to Lucy Joy’s website

Lucy Joy by Earth’s Wine and Co Pty Ltd (ABN 52 659 718 313) is pleased to provide
you with access to their website located at www.lucyjoy.com.au on the following
terms and conditions.

By accessing or using Lucy Joy’s website you agree to be bound by
these terms and conditions of use, as amended from time to time. If you do not
agree to these terms and conditions, you may not use the website.

You represent and warrant to Lucy Joy that you are at least 18
years of age.

Material on the website

Lucy Joy may publish or make available on its website information,
advertisements, product and service offers, wine data, wine valuations,
software and links supplied by Lucy Joy and third parties. While Lucy Joy takes
care to ensure that this material is correct, current and not misleading, it
does not warrant, represent, authorise or endorse the reliability, accuracy or
completeness of:

- Any material published on Lucy Joy’s website;

- Any material published on any website linked to Lucy Joy’s website; or

- Any information received by you as a result of using Lucy Joy’s website.

Lucy Joy does not provide any warranty in relation to any goods or
services advertised for sale on its website by third parties including, but not
limited to, any representation or warranty that the goods or services are of
merchantable quality, fit for the purpose intended, safe for the purpose
intended or owned by the seller.

Personal and non-commercial use

Lucy Joy’s website is for your personal and non-commercial use
only. You must not:

- Modify, copy, distribute, transmit, display, perform, reproduce, publish or licence any of the above mentioned material;

- Use or attempt to use any of the above mentioned material to create a website or publication;

- Mirror or frame Lucy Joy’s website or any page within the website;

- Use any automated process to query, access or copy any of the above mentioned material, or generate or compile any document or database based on this material; or

- Transfer or sell any information, functionality or products or services offered on Lucy Joy’s website without the written consent of Lucy Joy.

Lucy Joy may terminate your right to access and use its website if
you breach these terms and conditions. 

Your responsibility

The material made available on Lucy Joy’s website is provided as
general information only. Lucy Joy does not warrant that any material on its website constitutes professional or expert advice or that it is a substitute for such advice. The material on Lucy Joy’s website:

- May not be appropriate, correct or sufficient for your circumstances;

- Should not be relied on as the only reason you decide to do or don't do anything; and

- May not be continually accessible or free from errors or viruses.

If Lucy Joy suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions, you agree to pay Lucy Joy the amount of any such loss, damage and costs.

Limitation of liability

To the full extent permitted by law, neither Lucy Joy nor you will be responsible for any losses that were not foreseeable at the time of acceptance of these terms and conditions or for any loss of profits, loss of revenue or loss of savings, however caused (including, without limitation, loss arising in contract, negligence or other tort, statute or otherwise).

Certain legislation, including the Trade Practices Act 1974(Cth), may imply warranties or conditions or impose obligations upon Lucy Joy which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These include, without limitation, terms relating to services being rendered with due care and skill and goods being of merchantable quality or fit for the purpose for which they were supplied to you. If these statutory provisions apply, notwithstanding any provisions in these terms and conditions and to the extent to which Lucy Joy is entitled to do so, Lucy Joy limits its liability in respect of any claim under those provisions to:

- In the case of goods, at Lucy Joy's option:

* Replacement of the goods or the supply of equivalent goods;

* Repair of the goods;

* Payment of the cost of replacing the goods or of acquiring equivalent goods; or

* Payment of the cost of having the goods repaired; and

- In the case of services, at Lucy Joy's option:

* Supplying the services again; or

* Payment of the cost of having the services supplied again.

Other than as set out above, Lucy Joy will not be responsible for any claims arising out of or in connection with your access to and use of Lucy Joy’s website and related services whether arising in contract, tort (including
negligence), indemnity, strict liability, breach of warranty or statute.

For the purposes of this section, the term ‘Lucy Joy’ means the corporate entities in Earth
Wine and Co Pty Ltd and its officers, employees, contractors and agents, individually or collectively.

Intellectual property rights

Lucy Joy’s website is owned and operated by Lucy Joy. You acknowledge and agree that all intellectual property rights in or relating to Lucy Joy’s website belong to Lucy Joy or its licensors, and that nothing in these terms and conditions constitutes a transfer of any intellectual property rights.

You may download and view content on Lucy Joy’s website, which may include, without limitation, text, graphics, icons, photographs and URLs, provided you do not:

- Modify the content (including, without limitation, any copyright notice) in any way;

- Make the content public; or

- Use the content in a manner or for a purpose prohibited by these terms and conditions.

Content you supply

Lucy Joy may provide you with the ability to communicate with Lucy Joy, advertisers and other users of Lucy Joy’s website, including through agreements, online forms, electronic requests and enquiries, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging.

When you post, upload or otherwise transmit content to Lucy Joy, you grant Lucy Joy a non-exclusive, payment-free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish that content and sub-license it for such purposes as Lucy Joy determines from time to time. Lucy Joy’s rights in such circumstances are, of course, subject to the constraints outlined in its Privacy Policy.

It is important to remember that communication services may be accessible by the general public and that Lucy Joy is not responsible for reviewing, screening, or approving the security of these services.

It is your responsibility to ensure that you do not:

- Transmit any information or material which is incorrect, misleading or deceptive;

- Transmit any defamatory, infringing, obscene, indecent or unlawful information or material;

- Use communication services for any unlawful purpose;

- Post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;

- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests
or chain letters via communication services other than as approved by Lucy Joy;

- Download any file posted by another user of the communication services that you know, or
reasonably should know, is unlawful or contrary to these terms and conditions;

- Excessively
use communication services in a manner which may hinder or prevent Lucy Joy from providing services to any other persons or which may threaten the
integrity or use by any person of Lucy Joy’s website; or

- Authorise, aid, abet encourage or incite any person to do any of the above acts.

When you post, upload or otherwise transmit content to Lucy Joy, you represent and warrant to Lucy Joy that:

- You are fully authorised to publish this content and authorise Lucy Joy to publish it;

- Publication of content posted or submitted by you in accordance with these terms and conditions will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

- You have the ability to grant the content licence referred to above;

- All content you post on Lucy Joy’s website or submit to Lucy Joy will, at all times, comply with all applicable laws, regulations and relevant industry codes;

- You have obtained the consent of all individuals whose personal information is included in the content you post on Lucy Joy’s website or submit to Lucy Joy
to:

* The collection of that personal information by Lucy Joy; and

* The use and disclosure of that personal information in accordance with Lucy Joy's Privacy Policy; and

- All content you post on Lucy Joy’s website or submit to Lucy Joy will be current and accurate, and will not mislead or deceive end users of Lucy Joy’s website.

Lucy Joy may delete, edit, refuse to post or remove in whole or
part any information or material uploaded, posted or provided by you.

Purchasing alcohol on Lucy Joy’s website

The following terms and conditions apply to the purchase of
alcohol via Lucy Joy’s website. Your acknowledgment of these terms and conditions is required in order to complete any transaction on this website. If there is an inconsistency between these terms and conditions and the additional terms and conditions pertaining to the usage of the website set out in this document, the additional terms will prevail to the extent of the inconsistency.

Responsible service of alcohol

Under Australian laws, alcoholic beverages can only be sold or supplied to persons aged 18 years of age or over. By opening an account with Lucy Joy and / or placing an order you are confirming to us that you are at least 18 years of age.

Lucy Joy also recommends that alcohol should only be consumed in moderation.

Registration

Prior to using Lucy Joy’s website to purchase goods, you must register your details on the website.

You must not register multiple times or use false or misleading information when registering or using Lucy Joy’s services and you must update your details if they have changed since you last used Lucy Joy’s services.

Lucy Joy is not responsible for any loss or damage that you may suffer because you have not provided complete, accurate and up-to-date information.

When you register, you must provide a valid username and password to log into your account. You are responsible for the security of your username and password. We will assume that anyone using your username and password is
authorised by you to do so.

We may send notifications to you by email or SMS, including:

- Order confirmations;

- Invoices;

- Delivery status updates; and

- Special offers and marketing programs that you have agreed to receive, including updates on any items on your wishlist.

We may also send push notifications to mobile applications.

We accept no responsibility for any loss or damage you suffer if you do not receive such notifications for any reason.

We will use your personal data in accordance with our Privacy Policy, which is available on Lucy Joy’s website.

Purchases made on the website

You must pay the purchase price (including any GST) in full for any goods purchased, together with all other applicable fees or charges, such as delivery charges.

You authorise Lucy Joy to debit your credit card (or any other payment card including debit) or PayPal account for the total amount payable for any purchases made on your account.

Lucy Joy’s fulfilment processes are automated and as a result, orders cannot be amended, changed or cancelled.

Currency and pricing

Unless otherwise shown, all the prices listed on Lucy Joy’s website are displayed in Australian dollars. If a product price on Lucy Joy’s
website is incorrect, Lucy Joy may decline or cancel any orders placed at that price, even if the order has been confirmed and a credit card charged. If your credit card was charged for a purchase and the order is cancelled, Lucy Joy will notify you and issue a credit to your credit card account in the amount of the cancelled order.

Lucy Joy may withdraw and / or re-offer any item listed for sale on its website if the item:

- Becomes unavailable;

- Is withdrawn by the manufacturer or supplier; or

- Was incorrectly described or listed.

Promotional offers & codes

Promotional codes cannot be stacked. Only one code can be applied per transaction. If a transaction is in breach of this condition, Lucy Joy reserves the right to cancel the order. In such situations, Lucy Joy will notify the customer using the contact number or email address provided at the
time of purchase.

Loyalty points cannot be used in conjunction with any other offer or promotion.

Security

In order to purchase goods, you must provide valid credit card details. Lucy Joy uses Shopify Payments for online credit card transactions. Shopify Payments processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. Importantly: 

- Payments are fully automated and an immediate response is provided.

- Your complete credit card number cannot be viewed by Lucy Joy or any outside party.

- All transactions are performed under a 128-bit SSL Certificate.

- All transaction data is encrypted for storage within Shopify Payments’ credit-grade
data centre, further protecting your credit card data.

- Shopify Payments is an authorised third-party processor for all the major Australian credits.

- Monies are transferred directly from your credit card to the merchant account held by Lucy
Joy, so no other entity has access to your funds at any time.

Goods not to be resold

Users of Lucy Joy’s website acknowledge and confirm that all purchases made on the website are for the purpose of private consumption and /
or collection and are not made with the intention of resale. They acknowledge and indemnify Lucy Joy for any additional costs incurred by Lucy Joy should goods be resold, and agree to hold in trust all profits made from the resale of such goods.

Handling of wine

Please note that a full case of wine weighs more than 16kg.
Consequently, Lucy Joy recommends that its customers take extra care when lifting deliveries. If you are concerned about lifting this weight, we suggest you move the bottles one or two at a time. 

Changes to these terms and conditions

Lucy Joy may, in its absolute discretion, modify or amend the terms and conditions upon which goods or services are supplied. Such amendments will be binding upon you once they are displayed on Lucy Joy’s website. You
should regularly check the terms and conditions displayed on the website.

Lucy Joy may cease to provide you with access to its website or services without notice.

All rights not expressly granted are reserved.

Governing law

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales in Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.

 Last updated: 17/11/2024