Cimicky Wine Club Membership Terms and Conditions

By joining Cimicky Wine Club (“Club”), you agree to abide by these Terms and Conditions (“Terms”). These Terms form a binding legal agreement between you (“Member” or “you”) and Cimicky Estate Pty Ltd (“Cimicky,” “we,” “us,” or “our”).

In addition to these Terms, your use of our website at https://cimickywines.com.au/ and all related sites and your participation in the Club are also governed by Cimicky’s general Terms and Conditions (accessible here at https://cimickywines.com.au/terms-of-service) (“General Terms and Conditions”) and Privacy Policy (accessible here at https://cimickywines.com.au/privacy-policy-2) (“Privacy Policy”), and all other policies as published on our website from time to time (together, “Additional Terms”).

In the event of any conflict or inconsistency between these Terms and the Additional Terms, the provisions of these Terms will prevail unless expressly stated otherwise.

By completing the registration process and becoming a Member of the Club, you expressly acknowledge that you have read, understood, and voluntarily agree to be bound in full by these Terms and the Additional Terms, along with any and all amendments or modifications as may be made from time to time in accordance with the clauses herein.

1. Eligibility

You must be at least the age of majority in your state of residence to join the Club. By registering as a Member, you represent and warrant that you meet this requirement.

2. Membership Commitments and Obligations

2.1. Minimum Purchase Requirement

By registering as a Member of the Cimicky Wine Club, you hereby undertake a contractual obligation to purchase a minimum of one (1) dozen bottles of wine per annum.

2.2. Selection of Delivery Frequency

At the time of registration, you shall specify your preferred delivery frequency from among the available options, which are quarterly (every 3 months), bi-annually (every 6 months), or annually (every 12 months).

2.3. Free Membership with Purchase Obligations

While no fees are associated with membership registration, you are bound by the aforementioned minimum purchase requirements as a condition for maintaining active membership status in the Club and all other Additional Terms.

3. Account and Registration Information

You shall bear sole responsibility for maintaining the confidentiality and security of their account credentials, including, but not limited to, any user identification, passwords, or any other unique identifiers associated with their Cimicky Wine Club membership. You acknowledge and agree that you will be fully responsible for all activities that occur under your account, and any liabilities or obligations that may arise from such activities.

During the registration process, and at all subsequent times, you are obligated to furnish Cimicky with accurate, current, and complete information regarding payment methods and shipping details. Failure to comply may result in suspension or termination of your Member’s account and may expose you to legal liability.

4. Automatic Debit and Payment Authorization

4.1. Automatic Debit

By joining the Club, you expressly authorize us to initiate recurring debit entries from your designated credit card or debit card account (“Designated Account”) (details of which have been provided by you upon registration as a Member), for your shipment payments.

4.2. Pre-Notification and Member’s Responsibility

You will receive an email notification at least five (5) days before each scheduled shipment. This notification will include the order details and the total price, including any applicable taxes and shipping fees.

4.3. Debit Timing and Transaction Failures

Debits from the Designated Account will occur upon shipment. If a transaction fails due to insufficient funds, expiration, or changes to the Designated Account, you will be notified and may incur additional fees. This may also result in your order being suspended or cancelled, until and unless the payment has been receipted by us in full.

4.4. Member’s Right to Cancel

You may cancel the automatic debit by contacting us within the time frame specified in the shipment notification. If you do not cancel within this period, the shipment will proceed, and the associated payment will be debited automatically.

4.5. Refunds and Returns

Refunds and returns are subject to our standard Return Policy, available at https://cimickywines.com.au/returns-policy.

5. Data Protection and Privacy

We will handle your personal information in accordance with our Privacy Policy.

6. Termination and Suspension

We reserve the right to suspend or terminate your account and/or your membership of the club for any breach of these Terms, the Additional Terms or any applicable laws.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Cimicky Estate Pty Ltd and/or its shareholders, directors, employees, and contractors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, personal injury, or property damage, arising out of or in connection with your participation in the Club or any services provided therein.

8. Governing Law

These Terms shall be governed by, and construed in accordance with, the laws of the State of South Australia, Australia, without giving effect to its conflict of laws principles.

9. Amendments to Terms

We may update or modify these Terms at any time. Any such amendments will be communicated to the Members by being posted on our website. Members are encouraged to periodically review these Membership Terms to stay informed of any changes. All amendments to these Terms shall take effect immediately upon their posting on our website, unless otherwise stated. Continued participation in the Cimicky Wine Club following the posting of amended terms shall constitute acceptance of the modified terms.

10. Contact Information

For any queries regarding these Terms or your membership of the Club, please contact us at [email protected]， or call +61 8 8524 4025.