- 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 fragrances) to Scotch & Soda Australia within thirty (30) days of its delivery, without need to give any reason. Sale items cannot be returned if you simply change your mind or misjudge your size. We will only accept the return of sale items where there is a fault or the garment is not as pictured or described in our webstore. 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 thirty-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 30 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: email@example.com.
- 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 issued online via email can also 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: firstname.lastname@example.org.
Gift vouchers are only redeemable at the Official Australian Online Store at webstore.scotch-soda.com.au and at our Scotch & Soda Flagship Stores. Gift Vouchers are not redeemable at Myer . 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.
Newsletter terms and conditions
By subscribing to the Scotch and Soda newsletter and event invitations you indicate that you have read and understood these terms and conditions. Scotch and Soda may amend these Terms and Conditions from time to time. Your continued subscription and receipt of the newsletters is considered acceptance of the amended Terms and Conditions.
Managing your subscription
If you wish to unsubscribe from Scotch and Soda newsletters, please click here.
Personal information about you may be collected for the primary purpose(s) of keeping you informed about Scotch and Soda collections, events and sales. Your information may be used by Scotch and Soda for internal purposes and will be treated responsibly with your personal information handled and protected appropriately.
The content of Scotch and Soda’s newsletters and any and all ideas, designs, graphics, photographs, text, audio and audiovisual material, documents and any other material contained in the Newsletters are subject to copyright laws in Australia. In relation to the Newsletters (including parts of them), you agree that you may use the Newsletters for only your personal use and you may not use the Newsletters for any commercial use.
Disclaimer and general
Newsletters and their content are provided only for information purposes, and are not comprehensive or advisory in nature. While Scotch and Soda uses reasonable endeavours to ensure that the information included in the Newsletters is accurate and up-to-date, Scotch and Soda does not guarantee the accuracy or completeness of the information provided.
The Newsletters may contain links or references to third party sites. Scotch and Soda is not responsible or liable for the content of those sites and your access to and use of those sites is at your own risk. Any links are provide for convenience only and do not indicate any endorsement or recommendation by us.
You agree that you are responsible for providing correct and accurate details in subscribing to the Scotch and Soda newsletters and that any error made in typing or providing your details could result in failed delivery of your Newsletter.
Scotch and Soda has the right to suspend or cancel your subscription at any time at its discretion.
Gift with Purchase
The Promoter of this gift with purchase is Scotch&Soda ( Mogo Clothing Pty Ltd ) and is available in all Scotch&Soda Flagship stores (Excluding Outlets and Myer concessions). The Gift with Purchase commences the 17/2/18 at 9am and finishes on the 31/5/18 9:00pm or until stock lasts, whichever occurs first.
- Customers may enter the Promotion by spending a total of $350 or more at full RRP in one transaction, in a Scotch&Soda Flagship store. (This Excludes all Myer Concession stores, purchases of Gift cards (only valid on redemption), Promotional Vouchers and is not to be used in conjunction with any other offer/s)
- Every shopper who adheres to the promotional terms & conditions set out within this document will receive a Gift until all Gifts are exhausted. The customer will need to provide their full name, email address and any other required details on redemption of the “gift” and in doing so, provides permission to join Scotch&Soda promotional database.
- The gift consists of one (1) ThreadEtiquette Watch valued at RRP $189.95 or RRP $179.95 each. (‘The Gift’), there are limited gifts available for this promotion. All gifts are subject to any written conditions provided with the Gift.
- The Gift awarded may not be exactly as illustrated in displays or marketing for the Promotion.
- The Gift does not qualify for the ThreadEtiquette worldwide warranty and Scotch&Soda does not claim responsibility for any faulty gifts, or adverse issues with the gift.
- Unless otherwise specified, gifts or any unused portion of a gift, are not exchangeable or transferable and cannot be redeemed for cash.
- Watches are not for individual sale within store and are only available for promotional basis.
- Upon a return or exchange that decreases the original purchase to under the eligible promotional threshold; the gift must be returned with the product.
- Stock and styles available may vary from location to location.
- The Promoter reserves the right to verify the validity of purchases and gift claims (including a shopper’s s identity, age and place of residence) and to disqualify any shopper who makes a purchase or gift claim that is not in accordance with these terms and conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to modify, suspend, terminate or cancel the promotion to the full extent permitted by law and subject to any approval or directions from a regulatory authority.