Terms & Conditions
*For all active Promotions/Competitions Terms and Conditions please scroll to the end of the page.
Access and Use of this Website:
- You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
- To access some features of the Site, such as creating wishlists, you must register an account with us. To register for an Account, you must provide us with accurate and current personal information including your name, address, date of birth, and a valid email address. You must not register more than one Account. You should not create an Account if you are under 13 years old.
- You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer to fraudulent or abusive or illegal activity to the relevant authorities.
- You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact Customer Service Team immediately and take immediate steps to re-secure your Account (including by changing your password).
- We do not warrant that the Site will be available at all times and without disruption.
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website to our website that is not owned by you.
- This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer of liability:
- The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Mogo Clothing New Zealand Limited and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Mogo Clothing New Zealand Limited liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Terms of Sale
- By placing an order you are offering to purchase a product and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery & Shipping page for further information.
- In order to contract with Mogo Clothing New Zealand Limited, you must be over 18 years of age and possess a valid online payment method. Mogo Clothing New Zealand Limited retains the right to refuse any request made by you.
Duties and Taxes
- All applicable customs, import duties and fees are not accounted for in the shipping fee and will not be charged by Scotch & Soda New Zealand. The customer is fully responsible for any customs duties or foreign taxes that may be imposed. Customs agents have the right to release or deny release of your order where outstanding fees are not paid and in some rare cases delivery may be delayed.
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have processed payment of the Contract Price.
Right of Refusal or Cancellation
- We reserve the right to refuse, cancel or impose special conditions upon a contract subject to giving reasons to you. We will notify you if this is the case and return any payment that you have made. Such refusal or cancellation may result from the below:
- The product being ordered is unavailable from stock;
- Inability to obtain authorisation of payment;
- The identification of an error within the product information, including price or promotion; or
- The inability to effect delivery due to an error in your information after reasonable attempts have been made to contact you to obtain the correct information.
- Once an order has been processed it cannot be cancelled and the item must be returned to us in accordance with the Returns Policy.
Pricing and Availability
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery and any applicable administrative costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
- Our website accepts payments using Visa, MasterCard, Amex, PayPal, AfterPay. Once your payment method has been validated, upon clicking “PLACE ORDER” we will debit your nominated form payment immediately for the full order amount unless stipulated otherwise.
Discount Codes or Vouchers
- We may from time to time offer promotional discount codes or vouchers which may apply in respect of any, or certain specified, purchases made through this Website.
- The conditions of use and expiry date relating to any discount code will be specified at the time of issue.
- Gift cards may be physical gift cards or E-Gift cards that are sent in an email. Physical gift cards are only redeemable in-store and cannot be redeemed online. Gift cards are issued in specific currencies cards issued in Australian dollars are redeemable in Australian stores. Gift cards are not redeemable for cash or travellers cheques. No change will be given for a purchase made with a gift card. The gift card expires within three years from the date of issue (or date of purchase for E-Gift Cards). Gift cards are partially redeemable, and it is up to the cardholder to use the full value within the validity period. Any unused balance will not be refunded or credited when the card expires. When the cost of a purchase exceeds the available card balance, the cardholder will be required to make up the difference with an alternate form of payment. Please note, Gift Cards cannot be purchased with Afterpay or PayPal and cannot be redeemed as part of a purchase with these methods either. Gift Cards should be treated like cash. Mogo Clothing New Zealand Limited disclaims all responsibility for lost, deleted or stolen cards.
- We strive to ensure our prices are consistent between our online and physical stores however if you find an item that is discrepant at the time of purchase contact our customer service or one of our staff at our stores and we will honour the lesser marked price.
- From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. Any active promotion-specific terms will be presented on this page.
- You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
- You agree to indemnify, defend and hold harmless Mogo Clothing New Zealand Limited, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation of Terms
- Mogo Clothing New Zealand Limited shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, terms and/or any page of this Website.
- We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments by contacting our Customer Service Team here.
- If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
- These terms and conditions are to be construed in accordance with the laws of Queensland, Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Queensland, Australia.
- The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mogo Clothing New Zealand Limited. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mogo Clothing New Zealand Limited.
- Win matching hoodies for you and your Valentine from our new BORN TO LOVE collection.
1. Follow @scotchsoda_aus
2. Leave a comment, tagging your Valentine ❤️
3. Share this post to your story and tag @scotchsoda_aus / @scotchsoda_nz
You can submit as many entries as you want, but you can ONLY win once. Each new entry must be unique. Winners will be chosen by an independent Scotch & Soda panel. Instagram usernames will be collected only for the purposes of this competition and will not be added to our database or used for other commercial purposes. The competition starts at 5PM AEDT, 04 February 2021 and closes at 23:55 AEDT, 13 February 2021. The winner will be announced on February 14th via a new Instagram post, and via direct message to the winner's Instagram account. It will be mailed to the winner’s nominated address and it cannot be exchanged, returned or sold. If the prize hasn’t been claimed before February 28th, the prize will be cancelled. This promotion is not in any way sponsored, endorsed, administered by, or associated with Instagram.