Terms & Conditions

ACCEPTING THESE TERMS AND CONDITIONS

Please read these Terms & Conditions and our Privacy Policy, which is available via the internet (collectively, the ‘Agreement’) carefully before using scanlantheodore.com (referred to hereinafter as the ‘Site’) and/or the other domains, products, services and/or content provided by Scanlan & Theodore Pty. Ltd. ABN 64 006 782 609 of 24-30 River Street, South Yarra Victoria, 3141, Australia (all of those collectively with the Site, the ‘Services’) (Scanlan & Theodore Pty. Ltd. collectively with its agents, consultants and employees, ‘Scanlan Theodore,’ ‘we,’ or ‘us’). By using or accessing the Services, you (‘Subscriber’ or ‘you’) agree to all the Terms & Conditions of this Agreement, and if you do not agree to all the Terms & Conditions of this Agreement, you should not and are not permitted to use the Services.

MODIFICATIONS TO THE AGREEMENT

Scanlan Theodore may in its sole discretion, modify the Agreement at any time by posting a revised Agreement through the Services. Please read the Terms of Use & Service and check back often. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of the same constitutes your acceptance of the Terms & Conditions of this Agreement as modified. Any modifications to the Agreement made after you have placed an order will not affect and are not binding on that order unless we are required to make the change by law.

PRIVACY

Any information you provide to Scanlan Theodore directly or indirectly via the Services is subject to Scanlan Theodore’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

LIMITATIONS OF USE

You may not do any of the following while accessing or using the Services:
- Access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Scanlan Theodore and/or its service providers; or
- Probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; or
- Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Scanlan Theodore (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Scanlan Theodore; or
- Scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Scanlan Theodore; or
- Use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

INTELLECTUAL PROPERTY

Definitions: For the purposes of this Agreement, the term ‘Content’ means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.

This website contains material which is owned by or licensed to Scanlan Theodore. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Scanlan Theodore and/or third parties retain ownership of all intellectual property rights in all content.

Unless otherwise indicated, all materials on this website, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the purpose of a bona fide use of this site or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Scanlan Theodore. Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Scanlan Theodore is strictly prohibited.

APPLICABLE LAW AND JURISDICTION

Your use of the Site is governed in all respects by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding directly or indirectly arising out of or relating to the Site (including but not limited to the purchase of Scanlan Theodore products).

DISCLAIMER

The information contained on the Site is for general information purposes only. The information is provided by Scanlan Theodore and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

For the avoidance of doubt, you agree that the display of goods or services for sale on the Site are an invitation to treat and are not a contractual offer for sale.

Scanlan Theodore may in its sole discretion reject or not accept your offer to purchase any goods or services for sale on the Site in its sole discretion and for any reason.

Scanlan Theodore shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the purchase of Scanlan Theodore products from the Site.

Every effort is made to ensure the efficient operation of the Site and Services and that the information contained within the Site is accurate at all times. However, Scanlan Theodore takes no responsibility, and will not be liable for the Site becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

All orders are subject to availability and confirmation of the order price. Dispatch times may vary depending on availability of items and any delivery time guarantees made. Dispatch times are subject to service from our third-party freight company, and we will not be responsible for any delays.

The Site is available only to individuals and others who have agreed to be bound by this Agreement, who meet the terms of eligibility as accepted by Scanlan Theodore, who have been issued a valid credit/debit card by a banking institution acceptable to Scanlan Theodore, whose applications are acceptable to Scanlan Theodore and who have authorised Scanlan Theodore to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Scanlan Theodore reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Scanlan Theodore feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Scanlan Theodore pieces are sold exclusively for personal use and are not permitted to be used for commercial purposes of any nature. Scanlan Theodore reserves the right to refuse a sale and/or refund the customer before shipment if there is suspicion of the goods being used for commercial gain. Please note that items purchased for rental or other commercial purposes will not be eligible for return, exchange, or credit note, and such usage will void any warranty.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please see our Privacy Policy for further details about how we collect and use your personal information.

No individual under the age of eighteen may use the Services or provide any information to Scanlan Theodore or otherwise through the Services (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian. Any individual under the age of eighteen must advise their parent or guardian in relation to this Agreement prior to registering to use the Site or any of the Site’s services. We reserve the right to only accept orders from those over eighteen years of age. You otherwise may only use the Services if you can form a binding contract with Scanlan Theodore and are not legally prohibited from using the Services. Should an individual under the age of eighteen proceed to use the Site and its services, Scanlan Theodore may collect data on such individuals in line with our Privacy Policy.

PRICING AND AVAILABILITY

We try to ensure that all details, descriptions and prices which appear on the Site are accurate however, errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.

We do not guarantee the availability of an item until the order has been dispatched and we may have to cancel an order if an item is unavailable, in this case you will receive a full refund. If for any other reason we are unable to dispatch your order, we will notify you within 2-5 business days. Delivery costs are charged in addition to the order total and will be clearly marked at checkout.

The Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.

PAYMENT

Prices may be displayed in different currencies and if so, will be based on current exchange rates however, all transactions will be processed in Australian dollars (AUD). No orders will be dispatched until payment has been received in full. We may contact you to verify your personal details before dispatching your order. By providing your payment details, you authorise us to take full payment for your chosen goods, at the price displayed on the Site at the time that you place your order, or at such other price as we communicate to you before dispatching your order.

PROMOTIONS

From time to time, we may offer discount codes to be used on the site. If so, additional terms and conditions may apply. By using the discount codes, you agree to such additional terms and conditions as communicated to you at the time of your use of the discount code.

DELIVERY & RETURNS

In the scenario that an order from Scanlan Theodore to the customer is not delivered due to the fault of the courier company, it is the responsibility of Scanlan Theodore to either replace the item or refund the customer in full or issue a Gift Card for the full amount depending on the original terms of sale. In the scenario that a return from the customer to Scanlan Theodore is not delivered, it is the responsibility of the customer to bear any losses as a result of the lost package, therefore, it is essential that all returns are sent back to Scanlan Theodore via registered post with tracking facilities. Scanlan Theodore currently does not cover duties and taxes of orders being shipped to the United States of America.

Items purchased for rental commercial purposes or other commercial benefits will not be accepted for a return, exchange or credit note.

GIFT CARDS

The following terms & conditions apply to all Gift Cards purchased online unless otherwise stated:

- Gift Cards are valid for 36 months from date of issue; and
- Gift Cards can be used both in store and online at scanlantheodore.com; and
- Gift Cards cannot be purchased or redeemed at a David Jones Concession Store, Scanlan Theodore US Boutique or us.scanlantheodore.com; and
- Gift Cards are non-transferable and cannot be returned or redeemed for cash; and
- If your order total is less than the value of the Gift Card, the balance will remain on your Gift Card to redeem at your next purchase; You can check your balance here.
- If your order total exceeds the value of the Gift Card, the remaining balance must be paid by credit or debit card; and
- Only one Gift Card can be redeemed per transaction online. Multiple Gift Cards can be used in store; and
- An item purchased using a Gift Card cannot be returned for a refund and can only be returned for a Gift Card re-issue; and
- Scanlan Theodore is not liable for delivery of a Gift Card to an incorrect or non-existent address or email address, this is the sole responsibility of the purchaser; and
- Scanlan Theodore is not responsible if a Gift Card is lost, stolen, destroyed or used without permission; and
- Scanlan Theodore reserves the right to cancel a Gift Card if it is deemed necessary (subject to relevant laws); and
- Promotion codes cannot be applied to the purchase of Gift Cards unless otherwise stated; and
- If you require a custom amount that is not available, please contact us.

NOTICES & CONTACT

For the purposes of contacting Scanlan Theodore under this Agreement, providing notices under this Agreement, or for any questions, please submit a request.

Please refer back to these Terms & Conditions to review any amendments.

Version Date: November 2023