- These general terms and conditions (hereinafter: the general conditions) govern all contracts, supplies and other services agreed between the customer and Mogo Clothing Australia Pty Ltd trading as Scotch & Soda Australia (hereinafter referred to as Scotch & Soda Australia).
- By placing an order, the customer agrees to be bound by the general conditions.
- Unless Scotch & Soda Australia has indicated otherwise in writing to the customer, the customer’s own general terms and conditions shall not be accepted.
Entering into a contract
- Scotch & Soda Australia shall confirm the customer’s order by e-mail. A contract is created only when payment has been successfully made.
- Scotch & Soda Australia is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If Scotch & Soda Australia is unable to clearly establish the customer’s permanent or temporary address, an order cannot be accepted.
- Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. Scotch & Soda Australia shall endeavour, however, to contact the customer to complete the payment instructions so that delivery can be made.
Prices and costs
- The contract price is the current price at the moment when an order is placed with the webstore. The prices of articles are quoted inclusive of GST.
- The prices quoted in the webstore are exclusive of postage and administration costs.
- Scotch & Soda Australia is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
- Scotch & Soda Australia shall act with the greatest possible care in processing orders for articles. However, we reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
- The product ordered being unavailable from stock
- Our inability to obtain authorisation of payment
- The identification of an error within the product information, including price or promotion
If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time.
- Articles shall be delivered to the address given by the customer to Scotch & Soda Australia. International customers may be subject to customs or import duties charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you may want to contact your local customs office for further information.
- Scotch & Soda Australia shall dispatch accepted orders as quickly as possible in the order in which they are received.
- The webstore indicated delivery term is approximate only and there is no right to compensation if actual delivery takes longer.
Right to return articles
- The customer is entitled to return any article (excluding fragrance and garments described as FINAL SALE – Cannot be Returned) to Scotch & Soda Australia within fourteen (14) days of its delivery, without need to give any reason. This right also extends to articles that have been reduced in price. This has the effect of cancelling the purchase of that article and the customer will be refunded the amount already paid to Scotch & Soda Australia for the said article. Please note that we will not refund the shipping cost for the returned articles.
- No refund will be made in respect of articles returned to Scotch & Soda Australia after the said fourteen-day period.
- Articles must be returned in accordance with the instructions set out on the Return & Exchange Form enclosed with the articles.
- Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops. If a customer wishes to exercise such right to return an article, the article must be returned to Scotch & Soda Australia together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by Scotch & Soda Australia.
- Scotch & Soda Australia is entitled to refuse to accept a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, or reveals damage caused by the customer, or if the customer does not comply with the instructions for returning the article given by Scotch & Soda Australia.
- A returned article may be exchanged for the same style in another colour or size where in stock if returned in accordance with the instructions set out on the Return & Exchange Form and returned to Scotch & Soda Australia with 14 days. The customer is liable for return postage to Scotch & Soda Australia in the instance of an exchange. The replacement item will be sent back to the customer by standard delivery at Scotch & Soda Australia’s expense.
Error in delivery
- If Scotch & Soda Australia delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify Scotch & Soda Australia of this as soon as possible, in the way specified on the Return & Exchange Form enclosed with the article. Scotch & Soda Australia shall reimburse the purchase price plus postage charge.
- If a customer wishes to exchange or return an article, they must follow the instructions specified on the Return & Exchange Form enclosed with the article.
- Other queries, comments or complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address: firstname.lastname@example.org.
- The e-mail message must contain the customer’s name, e-mail address corresponding with that in Scotch & Soda Australia’s records, the order number included in the order confirmation and the article number.
- An order will not be accepted by Scotch & Soda Australia from anyone under the age of 18.
- The customer may pay either by credit card or Paypal. At the present time, Scotch & Soda Australia gift vouchers cannot be used towards payment.
- All payments must be made in accordance with the instructions given on the pages of the webstore.
Scotch & Soda Australia understands that your privacy is important and ensures that information provided by you is collected and held in accordance with relevant Australian privacy law. We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
If you choose to provide your personal details to us, we may collect the requested information from you including your name and contact details and any other information that you supply to us.
Any information we collect is used to assist in providing you with relevant consumer information, notify you of products, stores openings and offers that may be of interest to you as a valued Scotch & Soda Australia customer.
We do not disclose information that we hold to unrelated companies outside our corporate group for marketing purposes.
As required by law, you may “opt-out” from direct marketing material that Scotch & Soda Australia may send by following the instructions at the bottom of our newsletters. Alternatively, you may contact our head office if you do not wish your details to be used for marketing purposes (see Contact).
Any information that we no longer require is destroyed. When we have collected information about you it cannot be seen or modified by anyone else.
We make all reasonable efforts to ensure that information is stored securely both in electronic and physical form. You may access your information held by Scotch & Soda Australia at any reasonable time. If you would like to know what information we hold about you please contact our office. If you discover that there is an error or information is missing, please notify us and we will try to correct the information as soon as possible.
A customer should send any request to inspect its personal data in writing to the following e-mail address: email@example.com.
Gift vouchers are only redeemable at the Official Australian Online Store at webstore.scotch-soda.com.au and are not valid in any other retail stores. Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by.
We’re afraid we can’t accept any responsibility for stolen or deleted gift vouchers.
We’ll despatch your gift voucher as soon as payment has been cleared. We’re afraid we can’t be responsible for any delays, no matter how they are caused.
If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
From time to time, gift vouchers may get caught in pesky spam filters, and it’s up to the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two).
As you’d expect, we reserve the right to vary these terms and conditions.