Terms of service
These terms apply to your use of lushlychees.com.au and to everything you buy from us. By placing an order, you agree to them.
1. WHO WE ARE
Caton Agriculture Pty Ltd, ABN 74660573366, trading as Lush Lychees.
123 Seymour Road, South Yaamba, Queensland, Australia 4702
2. USING THIS SITE
Use this website for lawful purposes only. If you create an account, keep your password to yourself and tell us if you think someone else has used it. We try to keep the site accurate and available, but we do not promise it will be uninterrupted or error free.
3. OUR PRODUCTS
We describe and photograph our products as they are. They are grown and made on a farm in small batches, so colour, texture, set and fruit size vary between batches and seasons. Fresh fruit varies most. That is normal and is not a fault.
Boxes of fresh lychees are filled from whatever variety we are picking that week, so we cannot guarantee a particular variety in a particular box. But fresh fruit is selected from our premium grade for our 1kg git boxes.
4. LABELS AND ALLERGENS
Always read the label on the product you receive. It is the authoritative source for ingredients, allergens, weight, storage and best before dates.
Some of our pantry products are made on equipment also used for products containing gluten and nuts. If you have a food allergy or intolerance, check the label before eating and contact us if you need more detail. Information on this website is general and is not dietary or medical advice.
5. PRICES AND PAYMENT
All prices are in Australian dollars and include GST where GST applies. Some products are GST free and your tax invoice will show the correct treatment. Delivery charges are shown at checkout before you pay.
Payments are processed by Shopify and its payment providers. We do not see or store your full card details, and your order will not be dispatched until payment has cleared.
6. ORDERS
Your order is an offer to buy. Our confirmation email acknowledges we received it. A contract is formed when we accept your order and dispatch it.
We may decline or cancel an order if the item is out of stock or the season has ended, there has been a pricing or description error, we cannot deliver to your address, we cannot verify your payment, or we reasonably suspect fraud. If we cancel an order you have paid for, we refund you in full.
7. SPIRITS ARE SOLD BY REEF DISTILLERS
Our Lychee Liqueur and Lychee Vodka are made, packed and sold by our distilling partner, Reef Distillers, under their liquor licence. We show the range on our website, but we do not sell it. When you go to buy, you are taken to the Reef Distillers website and your order, payment and delivery are handled entirely by them.
Spirits cannot be added to a Lush Lychees cart, so a spirits purchase is always a separate order. Reef Distillers' terms, shipping and returns policies apply to it, not ours.
It is against the law to sell or supply alcohol to a person under 18, or to obtain alcohol on their behalf. Alcohol can only be delivered to a person aged 18 or over, who must show valid photo ID and sign for the parcel.
8. SEASONS AND PRE-ORDERS
Our fresh season runs from roughly early December to late January and varies with the weather. Pre-orders open in October.
When you place a pre-order, payment is taken at the time you order and we dispatch in the order pre-orders were received. We will tell you the expected dispatch week and let you know if it moves. If we cannot fill your pre-order, we refund you in full.
Fresh fruit can only be sent to Queensland, New South Wales, Victoria and the ACT because of interstate biosecurity rules.
9. DELIVERY AND RISK
Our Shipping Policy and our Returns and Refunds Policy form part of these terms.
Delivery timeframes are estimates. Risk in the goods passes to you on delivery to the address you gave us, so please make sure it is correct and that someone can take the parcel in. We are not responsible for goods lost or spoiled because an incorrect address was given or a parcel was left uncollected.
10. VISITING THE FARM
Farm Gate hours, tour availability and pricing are published on our website and can change, particularly around harvest. Booking and cancellation terms are in our Returns and Refunds Policy.
Ours is a working farm. If you visit, follow our directions and any signage, supervise children at all times, stay out of areas that are not open to visitors, and follow any biosecurity or safety requirements we give you.
11. GIFT CARDS AND PROMOTIONS
Gift cards are valid for at least 3 years from issue, cannot be redeemed for cash and are not refundable for change of mind. Discount codes are subject to the terms published with them, cannot be combined unless we say so, and can be withdrawn at any time before you order.
12. CONTENT AND COPYRIGHT
Our name, logo, photographs, recipes and written content belong to us or are used with permission. Please do not copy or use them commercially without our written permission. You are welcome to share our content on social media with credit.
If you send us a review, photo or comment, you keep ownership of it and give us permission to use it in our marketing with credit where practical. Only send us content you own. We may remove anything inappropriate.
13. OUR LIABILITY
Nothing in these terms excludes, restricts or modifies any consumer guarantee or right you have under the Australian Consumer Law or any other law that cannot be excluded.
Where we are permitted to limit our liability, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of doing so.
To the extent the law allows, we are not liable for indirect or consequential loss, or for loss caused by events outside our reasonable control, including weather, flood, fire, cyclone, crop failure, carrier delay and government restrictions.
14. PRIVACY, CHANGES AND GOVERNING LAW
We handle your personal information in accordance with our Privacy Policy, which forms part of these terms. We may update these terms. The version published when you place your order is the version that applies to that order.
These terms are governed by the laws of Queensland, Australia.
15. CONTACT
If something has gone wrong, tell us first. We are a small family business and we would rather fix it.
Lush Lychees
123 Seymour Road, South Yaamba, Queensland 4702
hello@lushlychees.com.au