Terms & Conditions

ACCEPTING THESE TERMS AND CONDITIONS

Please read these Terms & Conditions (“Terms”) and our Privacy Policy (collectively, the “Agreement”) carefully before using us.scanlantheodore.com (referred to hereinafter as the “Website”) and/or the other domains, and purchasing products, services and/or content provided by Scanlan Theodore Americas (all of those collectively with the Website, the “Services”) (Scanlan & Theodore Pty. Ltd. collectively with its agents, consultants and employees, “Scanlan Theodore”, “we”, or “us”). These Terms govern your access to and use of our Services that are offered on or through the Website. Additionally, these Terms apply to all sales conducted through the Website. By accessing or using our Services, you agree to be bound by these Terms, which form a legally binding contract between you (“Subscriber” or “you”) and Scanlan Theodore Americas. If you do not agree to all the Terms 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 this Agreement at any time by posting a revised Agreement on the Website. Please read this Agreement 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 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. You can review our Privacy Policy here.

LIMITATIONS OF USE

You may not do any of the following while accessing or using the Services:

- Engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); or

- Communicate, transmit, redistribute or upload content or material (including User Content) that: (ii) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is incomplete, false, inaccurate or not your own; (iii) contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; or includes any addresses, email addresses, phone numbers or any contact information; (iv) contains corrupted files, viruses, malware or any harmful software; (v) is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or (vi) is violent or promotes violence or actions that are threatening to any person or entity; or

- Impersonate any person, business, or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or

- Engage in or encourage any conduct that, in our sole judgment, restricts, impairs, or inhibits any other user from using or enjoying the Services.

REGISTRATION AND YOUR INFORMATION

If you want to use certain features of the Services, including purchasing products online, an account (“Account”) must be created. This will include sharing information including your name and email address. Accurate, complete, and up-to-date information is essential, and must be updated as required. If your information is inaccurate, incomplete, or otherwise incorrect in a way we consider material, we may suspend or terminate your Account. You agree to not disclose your Account password to anyone and to notify Scanlan Theodore immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you authorize such activities.

OWNERSHIP AND USE OF INTELLECTUAL PROPERTY

Definitions: For purposes of this Agreement, the term “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and the term “User Content” means any Content that Account holders (including you) provide to be made available through the Services or transmit to us through the Services (including by email). Content includes, without limitation, User Content.

All Content included on our Site is and shall continue to be the property of Scanlan Theodore or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Scanlan Theodore does not claim ownership of any informational content submitted by users. By using the Site, you agree to grant us a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted on our Site. This license shall exist only for as long as your Content remains on the Site. If you believe your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide notice to us immediately.

Scanlan Theodore grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of the law.

TERMINATION

We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may also cancel your Account at any time by contacting us via our contact page. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Prices”, “Payment”, “Cancellation, Return and Exchange Policies”, “Errors, Inaccuracies and Omissions”, “Cancellation of Orders”, “Privacy Policy”, “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “General Prohibitions”, “System Security”, “Links to Third-Party Websites or Resources”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability”, “Governing Law”, “Dispute Resolution” and “General Information”.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Scanlan Theodore, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents (the “Indemnified Parties”) from and against all claims, liabilities, damages, expenses, and costs (including reasonable attorneys' fees) arising out of or related to or in connection with your violation of this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SCANLAN THEODORE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

DISPUTE RESOLUTION

You agree that any dispute between you and Scanlan Theodore will be governed by the arbitration agreement and managed on an individual, non-class basis, as set forth below.

INFORMAL DISPUTE RESOLUTION

To give us an opportunity to informally resolve any disputes, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a “Dispute”), you agree to first communicate by sending a “Notice of Dispute” that contains a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Scanlan Theodore at admin@scanlantheodore.com.

You and Scanlan Theodore agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Scanlan Theodore may resort to the other alternatives described in this section.

AGREEMENT TO ARBITRATE

In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described above, you and Scanlan Theodore agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.

ARBITRATION PROCEDURES

The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work unless you and Scanlan Theodore otherwise agree in writing. For residents outside the United States, arbitration shall be held in New York, New York and you agree to submit to the personal jurisdiction of any state or federal court in New York, New York.

If your or Scanlan Theodore’s claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and Scanlan Theodore submit to the arbitrator, unless the party bringing the claim requests a hearing or the arbitrator determines that a hearing is necessary. If your or Scanlan Theodore’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Scanlan Theodore will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was bought for an improper purpose. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney's fees and expert witness costs, unless Scanlan Theodore is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.

OPT-OUT OF AGREEMENT TO ARBITRATE

You can decline this agreement to arbitrate by contacting admin@scanlantheodore.com within thirty (30) days of your first use of any of the Sites and stating that you decline this arbitration agreement. If you have an account on any of the Sites, the opt-out notice must include the email address we have on file for that account.

EXCEPTIONS TO AGREEMENT TO ARBITRATE

Notwithstanding the foregoing, either you or Scanlan Theodore may assert claims, if they qualify, in small claims court in New York or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

CLASS ACTION WAIVER

You agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff of, or participate as part of, any class, joint, consolidated, or representative action. Further, unless you and Scanlan Theodore otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, joint, consolidated, or representative proceeding.

DISCLAIMER

THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SCANLAN THEODORE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

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, 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.

In no event will Scanlan Theodore’s total liability arising out of or in connection with the use of or inability to use the services or site content exceed the amounts you have paid to Scanlan Theodore in the twelve (12) month period prior to the event giving rise to the liability, if any, or one hundred dollars ($100), if you have not had any payment obligations to Scanlan Theodore, as applicable.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Scanlan Theodore and you.

Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.

ELIGIBILITY TO PURCHASE

To make purchases on the Site you will be required to provide your personal details. 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.

Furthermore, you agree that we may use personal information provided by you 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 (18) 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 (18) 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 (18) 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 (18) 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 contact 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.

COLORS & STYLE

We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will be accurate.

TAX INFORMATION

We are not required to and do not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The purchase is not exempt merely because it is made over the Internet, by catalogue, or by other remote means. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue's Internet Web site.

PAYMENT

The prices displayed on the Services are quoted in United States dollars (USD). The prices displayed for Products available for purchase via the Services are the retail prices, and do not include taxes, shipping, or handling charges (to the extent applicable). You will be informed of the amount of any applicable taxes, shipping, or handling charges before you place an order.

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.

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.

CANCELLATION OF ORDERS

We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated this Agreement, including by engaging in any fraudulent or misleading activity or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

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.

CANCELLATION, RETURN AND EXCHANGE POLICIES

Cancellation, return, and exchange policies are available to you via the Services. Please refer to these policies to understand the specific conditions and procedures for returns. If a Product you purchased does not meet your expectations, you may return it within fourteen (14) days for a full refund. If you are returning a product in-store, you also have fourteen (14) days to complete the return, but will only be issued store credit for such return. You agree that any applicable shipping and/or handling charges are non-refundable, and all returns must comply with our specified policies.

GIFT CARDS

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

- Gift Cards are valid for 5 years from date of issue;

- Gift Cards can be used both in store and online at us.scanlantheodore.com;

- Gift Cards cannot be purchased or redeemed at Scanlan Theodore Australia Boutiques or scanlantheodore.com/au;

- 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;

- 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 Gift Cards can be used in store;

- 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 email 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 (subject to relevant laws);

- 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.

SEVERABILITY

If any provision of this Agreement, or the application thereof to you, is determined by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remainder of this Agreement and such provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. You and Scanlan Theodore agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purposes of the void or unenforceable provision.

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: April 2024