Terms & Conditions
This website is operated by Popsy and JJ Pty Ltd ABN 27 630 170 982 trading as Popsy and JJ. It is available at: www.popsyandjj.com and may be available through other addresses or channels including our mobile application (collectively the Site).
By accessing and/or using the Site you:
- confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and
- agree to use the Site in accordance with the Terms.
When you create an account, you will be asked to input basic contact information such as your name, date of birth, delivery address and email address. You will also be asked to choose a username and password.
You may register for an account using your Facebook or other social media network account (Social Media Account). If you sign in to your account using your Social Media Account, you authorise us to access certain information on your Social Media Account including your current profile photo and other basic information.
It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including any purchases made using your account details.
You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.
You may make an order for:
- a one-off purchase (One-Off Purchase);
- a subscription as described on the Site (Subscription).
We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
Each One-Off Purchase order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
Under Australian laws, alcohol can only be sold or supplied to persons aged 18 years or older. By placing an order with us, you confirm that you are at least 18 years old. You agree that it is your responsibility to consume alcohol in accordance with the law and responsibly.
Trial Subscription: We may offer you a free or discounted trial subscription (Trial Subscription) to make sure it is right for you. A Trial Subscription can change at any time without notice and may be subject to a delivery fee as set out on the Site. We have the right to terminate any Trial Subscription if you are found to be misusing the Site or in breach of these Terms. If you do not cancel during the Trial Subscription, your Subscription will start once your Trial Subscription ends. You acknowledge that a Trial Subscription can only be granted once per person, once per credit card and once per delivery address.
When you place an order for a Subscription, you must choose a tier of Subscription and each tier includes products of different price-points, and different periods (e.g. 1 month, 3 months, 6 months).
Your Subscription will automatically renew each billing cycle based on your chosen Subscription. You will be charged for each order on the calendar day corresponding to when you first placed your order for your Subscription (Billing Day).
The selection of products to be included in each order under your Subscription (Product Mix) will be notified to you in writing 2 days prior to your Billing Day. The Product Mix will either be:
- made by you based on the selection available on the Site;
- made by us based on your preferences shared with us on the Site.
Once you receive the details of a Product Mix, you have until your Billing Day to notify us in writing if you wish to make any changes to the Product Mix
You may change the frequency of your Subscription at any time by updating your account on the Site (for example changing from 3 monthly to monthly).
You may upgrade or downgrade your Subscription to another tier at any time in the account page/ manage Subscription (or similar) and the upgrade or downgrade will become effective on the next Billing Day. The payment method linked to your account will automatically be charged the subscription fee for your new Subscription tier on your next Billing Day.
Your Subscription automatically continues until cancelled in accordance with the ‘Cancellation’ clause.
PRICE AND PAYMENTS
One-Off Purchase - You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause.
In the event of a One-Off Purchase, you must pay the Price via credit card or any other payment methods set out on the Site such as Stripe.
In the event of a Subscription:
- you must pay us the fee for your Subscription and any other amount payable to us under these Terms (Subscription Fee), without set off or delay via credit card or any other payment methods set out on the Site;
- you must pay us the Subscription Fee in advance of the next billing cycle on your Billing Day.
- you are responsible for reviewing the pricing schedule, inclusions and exclusions associated with your Subscription.
All amounts are stated in Australian dollars and are inclusive of GST (where applicable). We display delivery costs separately from the purchase price.
You must not pay, or attempt to pay, the Price or Subscription Fee by fraudulent or unlawful means.
To the extent permitted by law, the Price and/or Subscription Fee are non-refundable and non-cancellable once paid.
If any payment in relation to a Subscription Fee has not been made as set out on the Site or in the Terms, we may (at our absolute discretion) immediately cease supplying the products.
We may modify our Subscription Fee from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email, text message or via notification to your account (and you may change your notification preferences in your account page). If you do not agree to the price change, you may cancel your Subscription in accordance with the ‘Cancellation’ clause.
PROMOTIONAL DISCOUNT CODES
We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
- you referring our Site to another user;
- such other user creating an account on the Site and placing a monthly order on the Site;
- the conditions of use relating to referral codes as specified on the Site, we may issue you ‘Popsy & JJ dollars’ on the Site or send you a gift as per our current referral program promotion, as set out on the Site.
ADDED BITS FROM US TO YOU
On your account page, you may (subject to change from time to time):
- complete our wine quizzes;
- view and update your purchase history for a record of the products you have ordered, drunk or currently have in your possession and are ready to be enjoyed.
AVAILABILITY AND CANCELLATION
All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.
Suspending your Subscription
You may suspend your Subscription at any time for no longer than 3 consecutive months. You must notify us in writing and/or update your account on the Site at least 5 business days prior to the next Billing Date. If you suspend your Subscription less than 5 business days prior to the next Billing Date, you will be charged the Subscription Fee on the next Billing Date and your Subscription will be suspended effective from the following billing cycle.
If you suspend your Subscription, at the end of the 3 month period, we will send you written notification that your Subscription has been suspended for 3 consecutive months.
You can cancel your Subscription and terminate these Terms at any time by notifying us in writing and/or updating your account on the Site. You must notify us in writing and/or update your account at least 2 business days prior to the next Billing Date. If you cancel your Subscription less than 2 business days prior to the next Billing Date, you will be charged the Subscription Fee on the next Billing Date and your cancellation of the Subscription will be effective for the following period.
We may immediately suspend, terminate or limit your access to and use of the Site and terminate these Terms, if you breach the Terms (including your obligation to pay the Subscription Fee) and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
If your account is cancelled and you create a new account at a later date, your ‘Popsy and JJ dollars’ balance will be nil when you create your new account.
If your Subscription is cancelled and you later decide to re-subscribe, you will be charged at the then-current Subscription Fee.
DELIVERY, TITLE AND RISK
We will deliver the products to the delivery address you provide when making your order. We deliver Australia wide and if we cannot deliver to you, we will notify you as soon as practicable. We do not currently ship internationally.
Delivery costs are set out on the Site. For Subscriptions, you may choose to pay a fixed-fee to receive free delivery for all orders placed within a 12 months period as set out on the Site. This fixed-fee will form part of the Subscription Fee for your next Billing Day only.
We normally dispatch products within:
- for One-Off Purchases, 24 hours of receiving an order, unless otherwise noted on the Site;
- for Subscriptions, 24 hours of the Billing Day.
Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
If you need to change the delivery date or delivery address, please notify us immediately in writing. If you change your delivery address after your Billing Day, we will deliver to the original address and the new delivery address will become effective for your next Billing Day.
We may deliver the products using a range of delivery methods.
Title to the products will remain with us until you have paid us the Price or the Subscription Fee for that billing cycle in full in accordance with the Terms.
Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.
In consideration for the payment of the Subscription Fee we grant you a non-exclusive, non-transferrable (except with our written permission) non-sub licensable, personal and revocable licence to access and use the ‘Account features’ described above and as further described on the Site.
You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party;
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
You may be permitted to post, create, upload, publicise or otherwise submit content (Submit), such as reviews, comments, pictures and videos on your account (User Content). You must Submit User Content in accordance with the Terms.
We ask you to limit your discussions to topics which are relevant to the Site and the products.
We reserve the right to remove any reviews or comments which we, in our sole discretion, deem to be in breach of these terms including the ‘Exclusions’ clause and deem to be inappropriate including posts that:
- defame, harass, threaten, stalk, menace, track, monitor, hurt, mistreat, offend or otherwise hurt any person;
- use obscene or foul language;
- include link(s) to inappropriate, offensive or illegal material on the forum;
- could be considered intolerant of a person’s race, culture, appearance, gender, sexual preference, religion or age; and
- interfere with another user.
We are not responsible for the conduct of any user of our Site. You agree and acknowledge that you participate on the Site including by Submitting User Content at your own risk.
By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms);
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You must not access or use the Site except as permitted by these Terms and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:
- resell, assign, transfer, distribute or provide others with access to the Site;
- use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
- use the Site in any way that damages, interferes with or interrupts the supply of the Site;
- introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks (Systems), including viruses, worms, trojan horses and e-mail bombs;
- reveal your account password to others or allow others to use your account;
- use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
- use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;
- send any unsolicited messages through or to users of the Site in breach of the Spam Act 2003 (Commonwealth) or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);
- use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.
Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed us resupplying the products to you;
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
- loss of, or damage to, the products, or any injury or loss to any person;
- failure or delay in providing the products;
- breach of the Terms or any law, where caused or contributed to by any:
- event or circumstance beyond our reasonable control;
- act or omission of you or your related parties, and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when setting up or updating your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
Photographs: If you provide us with photographs of the products via email, on your account page or by tagging us on social media networks, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
Amendment: We may, at any time and at our discretion, vary these Terms by providing you with 30 days’ written notice. If you have a Subscription and you do not agree with the variation, you may cancel your Subscription and terminate these Terms in accordance with the ‘Cancellation’ clause. For One-Off Purchases, prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any One-Off Purchase order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at firstname.lastname@example.org
Popsy and JJ Pty Ltd
ABN 27 630 170 982 trading as Popsy and JJ
Last update: 20 October 2019
RETURNS AND REFUNDS
Our Returns Policy includes the rights you have under the Australian Consumer Law (see below) and provides you with additional benefits in addition to those rights, because your satisfaction is important to us.
Your rights under the Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are 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.
If in the event your purchase is faulty, damaged, wrongly described or breaches a consumer guarantee we will refund your money or exchange the product upon presentation of your proof of purchase. If your purchase incurred a delivery fee, then we will cover the cost of delivery for the return if Popsy and JJ are at fault. That is, if the wrong product is delivered, there is a fault with the product (including any damage caused in transit) or Popsy and JJ have breached a consumer guarantee. In all other circumstances the delivery charge will be deducted from the refund to the customer.
Proof of purchase must be provided to obtain a refund/exchange and the product must be in a saleable condition. Saleable condition is defined as:
-Within its use by or best before date.
-Packaging is not damaged and in original condition.
-No heat damage.
For any questions and notices, please contact us at:
Popsy and JJ Pty Ltd ABN 27 630 170 982 trading as Popsy and JJ
Last update: 20 October 2019