These are the General Terms and Conditions of Sale of Scotch & Soda Australia website (“Scotch & Soda”) and these General Terms and Conditions of Sale: the “Conditions”. These Conditions will apply to all orders placed by you with Scotch & Soda via its webstore (www.scotch-soda.com.au) or otherwise outside a physical store. By placing an order, you agree to the applicability of these Conditions to the contract entered into between you and Scotch & Soda.
These Conditions explain the rights and obligations of the parties which apply to your order of products via the webstore of Scotch & Soda. For this reason, it is important for you to take the time to read these Conditions carefully. Scotch & Soda recommends you to store these Conditions on your computer and/or print them out and keep them so that you can refer to them later.
Information about Scotch & Soda
Scotch & Soda Australia
C/- Mogo Clothing Australia Pty Ltd
PO Box 3547
NEWMARKET QLD AUSTRALIA 4051
ABN: 85 010 765 894
ACN: 010 765 894
- In order to facilitate the smooth execution of the contract by Scotch & Soda, it is important that you correctly and completely provide your details, such as your name, your e-mail address, mobile contact and shipping address in accordance with the instructions. You are responsible for the correctness of the details provided by you. You will find the complete contact details of Scotch & Soda under Article 1 of these Conditions.
- Scotch & Soda will use the details supplied by you only in the manner as indicated in the privacy statement, which you may refer to on its website.
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. Scotch & Soda are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
Offer and contract
- When you place an order via the webstore of Scotch & Soda, you will enter into a contract with Scotch & Soda. The contract is created as soon as Scotch & Soda has sent a confirmation to the e-mail address provided by you. Once an order has been processed it cannot be cancelled. The item may be returned to us in accordance with the Returns policy.
- A contract as a result of an offer which is an obvious mistake and/or error, such as an unusually low price is not binding for Scotch & Soda. Please contact Scotch & Soda if you doubt the validity of an offer.
Right of Refusal or Cancellation of Contract
- Scotch & Soda reserves the right to refuse, cancel or impose special conditions upon a contract subject to giving reasons to you. We will notify you if this is the case and return any payment that you have made. Such refusal or cancellation may result from the below:
- The product being ordered is unavailable from stock;
- Inability to obtain authorisation of payment;
- The identification of an error with the product information, including price or promotion; or
- The inability to effect delivery due to an error in your information after reasonable attempts have been made to contact you to obtain the correct information.
Price and payment
- The price quoted in the webstore at the moment of placing an order is the total price including all taxes and, if applicable, shipping costs.
- You may pay for your order in the way indicated in the webstore of Scotch & Soda.
- Scotch & Soda does not provide price adjustments on prior purchases.
Order processing and shipment
- Scotch & Soda will make every effort to process and deliver your order as well and as quickly as possible after receiving full payment.
- Orders are delivered to the shipping address indicated by you and via the means of delivery chosen by you. The delivery period as shown on the website is an indication. External factors, such as internal availability as well as the payment and means of transport chosen by you, may affect the delivery period.
- Title to the products ordered by you is transferred to you at the moment of receipt of full payment by Scotch & Soda.
- Scotch & Soda takes great care to ensure that its products are shipped correctly and completely. Should you unexpectedly receive incomplete or damaged products, please contact Scotch & Soda immediately. If you have an order with multiple items, these items may only be available for dispatch from separate locations. In this instance, your order will be split into multiple orders, and will be delivered separately under different tracking numbers. Each time your order is split, you will receive an email notification with the new order details.
Quality and Information Accuracy
- Scotch & Soda makes every effort to show its products on its website as precisely and completely as possible. However, it is in the nature of the offered products that there might be differences (such as color differences) between the picture of the products on the website and the product delivered to you. Should you believe that the delivered product is not the same as the product shown on the website, you may use your return right as described in Article 9 of these Conditions.
- Obviously, the products from the selection of Scotch & Soda meet the quality standards that you may expect. However, we expressly point out that these products have been designed from the point of view of their aesthetics and not with a view to their optimum life span, practical usefulness or ease of use.
- The products offered in the webstore, such as garments and accessories are by nature subject to wear and tear. The life span of a product is also dependent on the material from which it is made, the frequency of use and the level of care. The products of Scotch & Soda are made from the materials indicated in the webstore. For an optimum life span and for maintaining the quality, it is important that you observe any washing instructions.
- Scotch & Soda will use reasonable efforts to include accurate and current information on the webstore, but there may be occasions when information on the Site contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability and other matters. Scotch & Soda reserves the right to correct any errors and to update webstore information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Third Party Companies and Products
- Mention of third-party products, companies and websites on the webstore is for informational purposes only and constitutes neither an endorsement nor a recommendation. Scotch & Soda does not assume any responsibility with regard to the selection, performance or use of these products or vendors. Scotch & Soda provides this only as a convenience to our users. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
- If for any reason you are not satisfied with the product you ordered, you have the right, without giving any reasons, within fourteen days after receiving the product to indicate that you wish to terminate the contract with regard to the product in question. This concerns the so-called time to reconsider. You may use your termination right by using the returns portal linked on our returns page. Instructions of how to return merchandise and associated fees can also be found on our returns page.
- The right of termination as included in Article 9.1 is meant to allow you to determine whether the product fits you and if you really want the product. You are allowed to use a product if necessary to verify if you want the product, just like you would do in a regular store. Continuous use of the product - such as wearing the product in a public space or any other actual use – affects your termination right as determined in more detail in Article 8.5.
- If a product, through your actions, has been damaged, has been washed, the labels were removed, a product is incomplete or a product shows signs of use which prove that you have used the product more continuously than as permitted under Article 8.4, you are responsible for the decrease of value of the product caused by you. Scotch & Soda will deduct this decrease of value from the amount to be refunded to you.
- The termination right as set forth in Article 9.1 does not apply to products that are not suitable to be sent back for purposes of health protection or hygiene and whose seal has been broken after delivery - including, but not limited to, fragrance, jewellery, underwear and swimwear.
- Scotch & Soda supports consumers' statutory rights in regards to refunds as outlined in the Trade Practices Act 1974.
Modifications to these Terms & Conditions
- If Scotch & Soda decides to modify these Terms & Conditions, it will post the modified Terms & Conditions on its website. You are advised to check on a regular basis whether the Conditions have been modified.
- Scotch & Soda strives to deliver only the highest possible quality in regards its products and services. However, should you unexpectedly have any complaints, you may send them by phone, by mail or e-mail to:
Scotch & Soda Australia
PO Box 3547
NEWMARKET QLD 4059
Applicable Law and Competent Jurisdiction
- These Conditions are to be construed in accordance with the laws of Queensland, Australia and in the event of any dispute or claim associated with these Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Queensland, Australia.
- Unless otherwise specified, these Conditions constitute the entire agreement between you and Scotch & Soda. If any part of these Conditions is held illegal or unenforceable, the remainder of the Conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Scotch & Soda to act with respect to a breach by you or others does not waive Scotch & Soda’s right to act with respect to subsequent or similar breaches. Scotch & Soda’s failure to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.