Terms & Conditions

ABOUT THIS WEBSITE

This website is published by Lume Distilling Pty Ltd ABN 96 674 379 116 trading as Lume Gin, Liquor Producer Wholesaler Licence #LIQW880015974.
Your use of lumegin.com ("website") is subject to these terms and conditions of use ("Terms of Use"). All services provided by Lume Distilling Pty Ltd, including any services provided through this website, are governed at a minimum by these Terms of Use and by all of the policies of Lume Gin published on this website from time to time ("Policies"). If You do not accept these Terms of Use and the Policies, You must refrain from using this website.
If You use this website or undertake any activities through this website, You will be deemed to have read, understood, and accepted these Terms of Use.

DEFINITIONS

In these Terms of Use:

"Authority" means any government, semi-governmental, statutory, administrative, fiscal or judicial body, department, commission, authority or tribunal;
"Buyer" means You, a purchaser or potential customer of Goods from Lume Gin through the website;
"CC Act" means Competition and Consumer Act 2010 (Cth);
"CC Act Implied Term" means, in respect of any sale or supply of Goods by Lume Gin to the Buyer, any term, condition, consumer guarantee or warranty, for the benefit of the Buyer, implied by or arising under the CC Act in relation to that sale or to the supply of those Goods, or otherwise implied by any similar written or unwritten Law of any State or Territory of Australia;
"Claims" includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts, and judgments at Law or in equity or arising under the provisions of statute;
"Goods" means the products and services provided by Lume Gin, the subject of an order placed by the Buyer with Lume Gin and accepted by Lume Gin, and "Good" means any one of them;
"GST" means the tax imposed or sought to be imposed by the GST Acts;
"GST Acts" means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;
"Intellectual Property" means any intellectual or industrial property owned by Lume Gin or used in connection with the business of Lume Gin, including without limitation:
- any graphics, logos, distinctive brand features, text, icons, and the arrangement of them;
- any patent, know-how, trade mark, service mark, copyright, invention, design, trade secret or confidential information;
- any computer software licence agreements and maintenance agreements;
- the trade marks, business names, whether registered or unregistered, of Lume Gin;
- any registered domain names of Lume Gin;
- any intellectual property created by contractors or other third parties engaged by Lume Gin and vested in Lume Gin by way of agreement; and
- any other intellectual property or rights whether registered or not used in connection with or forming part of the business of Lume Gin.

USE OF THE WEBSITE

You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable Law or regulation, and/or generally accepted practices or guidelines.
You agree that You will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate Law enforcement authorities.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all Intellectual Property, including all intellectual property rights, graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings, and all software relating to this website, are owned by Lume Gin or a related body corporate of Lume Gin, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international Law, and nothing in these Terms of Use gives You a right to use any of them.
Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner that infringes the intellectual property rights of any person.

AGE RESTRICTION & RESPONSIBLE SALE OF ALCOHOL

Our Goods are alcoholic beverages. It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18 years.
By placing an order through this website, You confirm that You are at least 18 years of age.
We reserve the right to request proof of age at any time, including at the point of delivery, and to refuse to supply Goods, or to cancel an order, where we are unable to reasonably verify that the purchaser or intended recipient is 18 years of age or older.
We are committed to the responsible service of alcohol and reserve the right to refuse any order at our discretion in line with this commitment.

DELIVERY, TITLE, AND RISK

Title and risk in the products, such as loss and damage, pass to You on delivery or collection, as the case may be.
As our Goods are alcoholic beverages, a person aged 18 years or older must be available to receive and sign for delivery. Where no such person is available, the courier may be unable to leave the delivery and a redelivery or collection may be required.
Proof of age (such as a driver licence, passport, or proof of age card) may be requested by the courier at the time of delivery. We are not responsible for delivery delays or failed deliveries arising from a recipient's inability or refusal to provide proof of age.
We do not deliver to PO Boxes.
Lume Gin shall not be liable for any loss or damage due to any failure by Lume Gin to deliver any Goods promptly.

PRICES AND PAYMENT

Lume Gin may replace or vary any Price List from time to time prior to the placement of any order for Goods by the Buyer.
With each delivery of Goods sold or supplied by Lume Gin to the Buyer, Lume Gin may issue to the Buyer an invoice for:
- the Price of the Goods;
- an amount for GST; and
- all applicable delivery charges, freight, levies, and any other taxes or charges applicable to the supply of those Goods.

RETURNS AND REFUNDS

Our full returns and refunds process is set out in our Refund Policy. In summary:

As our Goods are alcoholic beverages, and subject to Your rights under the CC Act Implied Term (see "Warranties and Liability" below), we do not generally accept returns or offer refunds for change of mind.
If Goods arrive faulty, damaged, or not as described, please contact us within a reasonable time of delivery with details and, where possible, photographic evidence. We will assess each case and, where appropriate, offer a repair, replacement, or refund in accordance with Your rights under the CC Act.
Nothing in this section limits any right or remedy You may have under the CC Act Implied Term that cannot lawfully be excluded.

WARRANTIES AND LIABILITY

Nothing in these Terms of Use excludes, restricts, or modifies any CC Act Implied Term, or any other right or remedy conferred on You by Law that cannot lawfully be excluded, restricted, or modified.
To the extent permitted by Law, and subject to clause 1 above, Lume Gin's liability for a breach of any CC Act Implied Term is limited, at Lume Gin's option, to one or more of the following: the replacement of the Goods or the supply of equivalent goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent goods; or the payment of the cost of having the Goods repaired.
To the maximum extent permitted by Law, Lume Gin excludes all liability for any indirect, special, or consequential loss arising out of or in connection with the supply of Goods or the use of this website.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the Law of New South Wales, Australia, and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.