Scotch Select Sale and Rental Agreement
Effective Date: 8/21/2019
Welcome to Scotch Select!
Scotch Select is an online retail and subscription service that allows men to access an unlimited wardrobe in order to shop better, wear smarter, and rediscover the fun of fashion. Scotch Select allows men to wear the trend today and return it tomorrow, skipping the commitment of buying a single piece. Scotch Select offers diversity and the flexibility to try new trends from over thousands of styles from Scotch Select without the pressure of purchase.
The following Sale and Rental Agreement (“Agreement”) between you and Scotch & Soda E-commerce LLC (“we,” “our,” “us,” or “Scotch Select”) describes the terms and conditions on which you may purchase and rent Products from us through the Scotch Select Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by this Agreement. Capitalized terms not defined herein shall have the meaning assigned to them in our Terms of Service. The provisions of this Agreement shall, to the extent possible, be interpreted so as to supplement the Terms and to avoid any conflict between them. In the event of a conflict between this Agreement and the Terms, the provision that is more protective of Scotch Select shall control.
BY ACCESSING OUR SERVICE, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS WILL APPLY RETROACTIVELY.
1. MEMBERSHIP PLAN
A. General Conditions
You may rent or purchase Products by subscribing to Scotch Select’s Membership Rental Membership Program (“Membership”). Once subscribed to a Membership, you will be entitled to rent up to a certain number of Products at any time from a range of Products designated on the Services, in accordance with the terms of the Membership plan that you register for as more fully described here (each a “Membership Plan”). Subject to your compliance with this Agreement (including payment of fees), we do not impose any limitations on the time period during which you may keep any Product we have sent to you through your Membership Plan. Products may be rented or purchased for use by individuals under 18 years of age, but only adults may purchase the Products through a Membership Plan with a payment card or other approved payment method. By agreeing to this Agreement, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing or renting Products as described in this Agreement.
Products may be rented or purchased for use by individuals under 18 years of age, but only adults may purchase the Products through a Membership Plan with a payment card or other approved payment method. By agreeing to this Agreement, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing or renting Products as described in this Agreement.
B. Condition; Use of the Products
The Products will be professionally cleaned and delivered ready to wear. Scotch Select launders, dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Scotch Select shall not be held liable for any health-related complaints associated with any Product.
You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your Membership for applicable Product(s). If you return a Product that is damaged beyond normal wear and tear, which determination shall be made at Scotch Select’s sole discretion, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our sole discretion.
C. 30 Day Free Trial
30 Day Free Trial periods are offered at the sole discretion of Scotch Select, and are subject to discontinuation at any time, at Scotch Select’s sole discretion. You must have a valid credit card, debit card, or PayPal account and Internet access to register and participate in the 30 Day Free Trial. New accounts that are eligible for a 30 Day Free Trial will be authorized on the first day of service for the full billing period payment associated with your plan. In some cases, your credit card available balance or credit limit will be reduced to reflect the authorization; however, no charges will be made against your credit card unless you do not cancel before the end of your 30 Day Free Trial period. While you can amend your Membership Plan during the 30 Day Free Trial, the modification will not apply until after the 30 Day Free Trial. At the end of your 30 Day Free Trial period Scotch Select will automatically bill your credit card for the next billing period of service. We will not notify you when your trial period has ended. You can view the date your 30 Day Free Trial ends in the account section on our site or by visiting Account and looking in the membership details section.
If you or another family member of your household has been a Scotch Select member, you are not eligible for the 30 Day Free Trial. We consider your family household not eligible if your credit card account, physical address or email address have been associated with another active Scotch Select account prior to the day of account creation. Notwithstanding the foregoing, you may be eligible, at Scotch Select’s sole discretion, to participate in other Scotch Select free trial programs and promotions.
IF YOU CANCEL PRIOR TO THE END OF YOUR 30 DAY FREE TRIAL, THERE WILL BE NO CHARGES TO YOUR CREDIT CARD. See Section 1.G. below to learn more about cancellation. Scotch Select reserves the right to cancel your 30 Day Free Trial if you, in Scotch Select’s sole discretion, violate any of this Agreement and conditions or any applicable law, register and subscribe via deception, forgery, fraud, or commit any other abuse of the Scotch Select 30 Day Free Trial program. Violations of this Agreement and condition include, but are not limited to creating duplicate accounts under another name, email, or address in order to obtain more than one 30 Day Free Trial.
If you subscribe to a Membership, Scotch Select will charge you a prepaid fee or a monthly fee (the “Membership Fee(s)”) that will automatically renew, and you will be billed monthly at the then current fee to your payment method on file. The current monthly Membership Fees are set out here, but are subject to change at our discretion and any such change will be effective for any subsequent Membership renewal. You hereby authorize Scotch Select or our third party payment processor to charge your payment card for the applicable Membership Fees on a monthly or recurring pre-pay basis until you cancel. The Membership Fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Fees are non-refundable except as expressly set forth below. Taxes may apply on Membership Fees. If you fail to make payment of the Membership Fees, then Scotch Select, at its sole discretion, may terminate your Membership or suspend shipment of Products to you. Further, if you do not pay the amounts you owe to Scotch Select when due, then Scotch Select will need to institute collection procedures. You agree to pay Scotch Select’s costs of collection, including without limitation reasonable attorneys’ fees.
With each shipment of Products, we send you, we will include one Return Packaging (which will include prepaid postage), which you shall use to return all of the Products you currently have. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned, unless you have modified your Membership Plan. If you have modified your Membership Plan, then Scotch Select will return to you the appropriate number of available Product permitted in your Membership. We will use commercially reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of Products and receipt of a new Product. You agree to return any Product using the Return Packaging.
F. Changes to Membership; Termination
You acknowledge and agree that we may limit your particular Membership Plan, including but not limited to, restricting orders placed under a single customer account, payment card, or billing or shipping address. We reserve the right to limit, cancel or prohibit any Membership Plan or sale of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns. We reserve the right to modify (including the Membership Fee) or terminate your Membership at our sole discretion without prior notice. If we terminate your Membership, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable Membership Fee, or (b) continued access to Membership for the remainder of that applicable period, in accordance with this Agreement. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in our Terms of Service, this Agreement, FAQ, Membership Plan, or any applicable law. Prior to the end of that period (or, if we do not provide you with continued access to Membership, immediately upon our termination of your Membership), you must also return to Scotch Select all Products you have received in connection with your Membership.
G. Cancellation of Membership
There are no refunds to a Membership. Your monthly Membership subscription automatically renews and you will be billed monthly. To cancel your Membership, click on the link in your Membership receipt email or call us at 1-833-249-9661. As soon as you cancel, you will not be eligible to receive any additional Products through our Services. You may continue to keep Products you have already received through your Membership, but you must return to Scotch Select all such Products on or before the last day of the applicable Membership subscription period during which you cancel. If we don't receive the Product(s) on time, you will be charged up to 75% of the retail price of the Product(s). You will not be entitled to any refund on Membership Fees you have paid.
H. Limited Warranties
The following are the limited warranties Scotch Select provides in connection with a Product rented through the Membership. Scotch Select’s liability to you for failure to comply with any of these warranties is limited and determined by Scotch Select. The limited warranties set out in this Section apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Scotch Select in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of this Agreement.
YOUR SOLE AND EXCLUSIVE REMEDY AND SCOTCH SELECT’S SOLE AND EXCLUSIVE LIABILITY WILL BE FOR Scotch Select TO USE COMMERCIALLY REASONABLE EFFORTS TO REPLACE THE NON-CONFORMING PRODUCT IN A TIMELY MANNER OR ISSUE A REFUND FOR THE NON-CONFORMING PRODUCT, AS APPLICABLE (EXCLUDING INSURANCE AND DELIVERY CHARGES).
I. Lost Items
We are not responsible for any items, including personal items, that are left in the Products and returned to Scotch Select. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at email@example.com. Our staff may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so.
2. SALES TERMS
A. General Conditions
You acknowledge and agree that only those Products designated by us on the Services as available for purchase are eligible for purchase by you. You also acknowledge that only Subscribers are eligible to purchase Products on the Services. UNLESS OTHERWISE INDICATED, THE PRODUCTS FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT NEW, AND ALL SALES ARE FINAL AND “AS IS.” Scotch Select will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final and not eligible to be returned to Scotch Select. For more information on purchasing or returning a purchased Product from Scotch Select, please review our Frequently Asked Questions page at support.scotchselect.com.
B. Purchase Price
The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Services in connection with your purchase of the Products. Scotch Select reserves the right to alter Purchase Price, discounts, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Scotch Select to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all state and local taxes, GST, fees, customs, duties, levies and other governmental assessments (collectively “Taxes”), all of which shall be paid by you directly and which may be included at time of checkout on the Scotch Select website, or if paid by Scotch Select, shall be paid by you to Scotch Select in connection with your purchase order; provided, the Purchase Price for Products purchased through our Services is inclusive of Taxes. Unless otherwise indicated, all purchases are final and cannot be cancelled and returned.
C. Your Responsibility
You acknowledge and agree that upon delivery of any Products from Scotch Select, YOU BEAR RESPONSIBILITY FOR THE PRODUCT(S) INCLUDING SECURING PERSONAL RECEIPT OF THE PRODUCTS FROM THE AUTHORIZED MAIL CARRIER. You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location that you provide where you can physically and securely receive Product(s). In the event that an un-secure shipping address is provided, Scotch Select does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Scotch Select will not be liable. You will be liable for all such delays and additional delivery fees.
3. SHIPPING AND RETURNS
All deliveries will be through Scotch Select's shipping partners, which may change from time to time at our sole discretion. The shipping method used will be at the discretion of Scotch Select. We will email you a tracking number that provides information about estimated delivery and arrival times of Products through the Services. With delivery of Products through your Membership, Scotch Select will provide you with a pre-paid, pre-addressed Scotch Select mailing envelope (as the case may be) as well as instructions for your use in returning the Products to Scotch Select (“Return Packaging”). For eligible Products purchased and delivered through our Services, the third-party partner brand suppliers may provide a pre-paid, pre-addressed label with instructions for your use in returning the Products to the brand (“Supplier Return Packaging”). If you lose the Return Packaging or Supplier Return Packaging, please contact us at 1-833-249-9661. or firstname.lastname@example.org to request new Return Packaging. Notwithstanding the foregoing, you acknowledge and agree that Scotch Select will not be responsible or liable for providing any Supplier Return Packaging.