TERMS & CONDITIONS
ACCEPTING THE TERMS AND CONDITIONS OF USE & SERVICE
MODIFICATIONS TO THE AGREEMENT
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.
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;
— probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
— 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
— scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Scanlan Theodore; (e) 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.
Definitions: For 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).
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.
This website may contain links to other websites. Scanlan Theodore are not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by Scanlan Theodore. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.
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, e-mail 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, are subject to service from our third party freight company and we will not be responsible.
The Site is available only to individuals and others 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.
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.
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 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.
Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in 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.
We may offer promotional discount codes to be used on the site which will adhere to special conditions that will be specified at the time of issue.
DELIVERY & RETURNS
In the scenario that an order from Scanlan Theodore to the customer is not delivered due to 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 wear 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.
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;
— Gift cards can be used both instore and online at scanlantheodore.com
— Gift cards cannot be purchased or redeemed at a David Jones Concession Store, Scanlan Theodore US Boutique or us.scanlantheodore.com
— Gift cards are non-transferable and cannot be returned or redeemed for cash
— 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.
— Only one gift card can be redeemed per transaction online. Multiple cards can be used instore.
— An item purchased using a gift card cannot be returned for a refund and can only be returned for a gift card re-issue.
— Scanlan Theodore is not liable for delivery of a gift card to an incorrect or non-existent address or e-mail address, this is the sole responsibility of the purchaser
— Scanlan Theodore is not responsible if a gift card is lost, stolen, destroyed or used without permission.
— Scanlan Theodore reserves the right to cancel a gift card if it is deemed necessary.
— Promotion codes cannot be applied to the purchase of gift cards unless otherwise stated.
— If you require a custom amount that is not available, please contact us.
NOTICES & CONTACT
COLLECTION OF PERSONAL INFORMATION
INFORMATION THAT WE COLLECT
Scanlan Theodore will only collect information about you when you provide it to us, and we only collect information to provide better services to all of our users and customers.
We collect information in two ways:
— Information you give to us directly. This information typically includes: your name, email address, first name, surname, address and domain name, and may also contain your username or any other information required to process an order through the Site.
— Information we collect through your use of our services. This includes information collected by our server, including the internet protocol (IP) address used to connect your computer to the Internet, operating system and platform, the average time you spend on scanlantheodore.com, pages visited, information searched for, average access time, and websites you have visited previously, as well as other relevant statistics; cookies and other anonymous identifiers, which we send to your computer's browser for record-keeping purposes.
HOW WE USE YOUR INFORMATION
We may use the information you give to us directly to:
— deliver products to you, to collect payments and to manage your account, to market to you directly, as well as provide you with information about our products and services, and to notify you of changes to our products and services;
— contact you about new products, projects or seasonal promotions. If you wish not to receive such communications, you can unsubscribe by submitting a request here. You can also unsubscribe from the mailing list by clicking on the unsubscribe link that can be found in all communication emails that are sent;
— provide, maintain, protect and improve our services, to develop new ones, and to protect our services and our customers. We may also use this information to offer you tailored products, projects or seasonal promotions;
— keep a record of your communications with us to help solve any issues or disputes that might arise.
— we may use the information we collect through your use of our services to:
— measure the use of the Site and to administer and improve the Site. This statistical data is interpreted by Scanlan Theodore in its continuing effort to improve the Site and your shopping experience.
— gather information on which web pages are visited and how often, to make the Site more user friendly, and to give you a better experience when you return to the Site.
— we may combine the information you give to us directly with the information we collect through your use of our service.
We may from time to time supply the owners or operators of third party websites from which it is possible to link to Scanlan Theodore with information relating to the number of users accessing the Site from such third party websites. You will not personally be identifiable from this information.
In delivering our products or collecting and using your personal information, we may be required to disclose some of your personal information to third party organisations, including external service providers; our legal, accounting, financial or other professional advisors; and regulatory or government authorities as required by law.
Scanlan Theodore uses a number of security measures to protect the information you provide to us. We protect your personal information by:
— restricting internal and external access to your personal information; and
— maintaining our technology systems to prevent unauthorised computer access; and
— ensuring that third parties that require access to your information, including organisations outside Australia, take such steps as are reasonable to ensure that they do not breach our privacy obligations; and
— securely destroying your personal information when your personal information is no longer needed.
When purchasing from us, your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.
Scanlan Theodore uses the latest, industry standard 128-bit SSL (secure sockets layer) encryption technology to transmit and encrypt all credit information into Scanlan Theodore’s databases.
ACCURACY AND RETENTION
You are entitled to request access to and correction of all personal data you provide us, or to remove your name from our database at any time by contacting Customer Care by submitting a request here.
You have the right to access personal information held by Scanlan Theodore about you, subject to the restrictions provided by law. We endeavour to keep information about you as accurate as possible. If you are concerned about our use of your personal information or if you would like to review or change the information you have supplied to us, please submit a request here.
For more information regarding privacy issues in Australia, please visit the Australian Federal Privacy Commissioner's website at www.privacy.gov.au.