DELIVERY
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Express delivery for Canadian orders is 1-2 business days and Standard Delivery is 4-7 business days, and longer in the case of remote locations. Shipments may take longer to deliver during peak seasons and limited-time sales.
If you have ordered several Products we may deliver these Products in separate shipments as each item becomes available at no extra cost to you.
To ensure prompt delivery we must have proper and complete address details and make one delivery charge per delivery address. A daytime telephone number is required in case we or our delivery agents need to contact you. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
In order to avoid lost packages, it is standard policy to request a signature for the packages we deliver. If no one is at the designated address at the time of delivery, the carrier will attempt to contact you to make alternative arrangements. It is understood and agreed that you as the customer accept this responsibility unless you specifically request a “signature-not-required” service, for which a small service charge may apply. At this time, such requests must be sent by e-mail at the time of purchase. Another option for customers is to put their daytime location (such as their work address) in the SHIPPING Address section of the Order information. The Company shall not be responsible for any damages or costs resulting from loss of the package after it is delivered to the address chosen by the customer, in the manner chosen by the customer.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Canadian customers are responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
RETURNS
I want to return my order, or a part of it, what should I do?
The Company offers (a) a full refund* or exchange on all regular priced online purchases of products if they are returned in the condition in which they were sold, with original tags**, within 30 days and (b) an exchange or credit note on all sale priced or discounted online purchases of Products returned in the condition in which they were sold, with original tags**, within 14 days of purchase.
Credit notes would be for the lesser of
a) the amount originally paid, or
b) the current ticketed price of the item(s) in question.
*The company will reimburse your freight costs only if we were at fault. If an item is returned for refund, and it was originally sent to you with free shipping, the Company may deduct the cost of standard shipping from the refunded amount, unless we were at fault.
**If items that were returned do not have the original tags, the Company will deduct $10 from the amount being credited or refunded, to cover the costs of re-packaging, or add a $10 charge to an exchange.
An e-mail must be sent to info@scotch-soda.ca requesting authorization for return, detailing the reasons for the request and providing daytime and evening phone numbers in case the Company needs to reach you. The subject line of the e-mail should be “RA – Order number xxxxx (put actual order number here). The Company will then issue a Return Authorization Number (RAN) which must be written on the original invoice you received and this invoice must accompany the piece(s) returned.
You can then return your purchases by mail or delivery service to:
Scotch & Soda Web Returns
5640 Paré
Montreal, Quebec H4P 2M1
Canada
Only one return per order will be accepted. Therefore, it is best to carefully examine ALL items received to ensure satisfaction before making a return of a portion of your order.
Until the Company receives the returned item(s), you are responsible for any loss. Where appropriate, your payment will be refunded to your account within thirty (30) days of receipt. If you return an item not accompanied by the required paperwork there may be a delay in processing your order and in refunding your money.
If you require any assistance or have any questions regarding a return, please e-mail info@scotch-soda.ca .
You are not able to return Products purchased on this website to a Scocth & Soda retail store for a refund. For customer convenience, Scocth & Soda retail stores do accept exchanges.
For hygenic purposes we do not accept returns on all bathing suits.
Please Note: Always include your ordernumber(s) when you make a return to us.
My goods are damaged. What Can I do?
You can always return goods if they are defective/faulty. You should inspect the Scotch & Soda goods as soon as you receive them for defects or damage. Please note that we must be notified within 8 working days if any items received are defective or damaged. So what should you do? The best way is to contact us first by sending an e-mail with pictures of the faulty products explaining what is wrong. After that we will issue a replacement if available or, if required by the customer, a refund. In case of damaged or faulty goods, the cost of returning the goods will be reimbursed to the customer. If you have any further questions or concerns about returning a purchase or cancelling an order then please don’t hesitate to contact us.
SHOPPING & PAYMENTS
A. How to use your shopping bag?
When you are shopping at Scotch-Soda.ca and add an item to your bag, it is saved in your Shopping Bag. The Shopping Bag holds products you wish to purchase while you shop. Items you place in your Shopping Bag will remain there until you purchase them, remove them or move them to your Wish List. They will remain there even after you leave our site. However, those items placed in your Shopping Bag that go out of stock before you complete your purchase will automatically be removed from your Shopping Bag.
Your Wish List allows you to save items that you’re thinking about buying. This feature saves your selections even after you leave our site, making it easy to relocate and purchase your favorite items in the future.
Items will remain in your Wish List until they are moved to your Shopping Bag or removed. Placing items in your Wish List does not guarantee availability.
B. Payment
Payment can be made securely online by Visa and MasterCard. The card being used must be yours. All card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment, we will not be liable for any delay or non-delivery of your order. In the event that your card authorization and validation is declined, we reserve the right to cancel your order. For first time online customers, we may request that shipping be to the credit card billing address only.
By submitting an order to us through our website you represent and warrant the payment details provided on your order are valid and correct and when your order is accepted and processed by us, payment will be made in full.
C. Sales Taxes
Applicable sales tax will be included on all orders based on shipping address. Sales tax amount is estimated until order has shipped and shipping confirmation has been sent. We do not charge sales tax on the purchase of Gift Certificates; however, items paid for with Gift Certificates will be taxed.
D. How do Promotion or Discount Codes work?
Steps for redeeming a Promotional Code:
1. Sign in to your account. If you do not have an account yet, you can create one first.
2. Choose ONE Discount Code that you have been granted.
3. Type your selected code in the box provided on the Shopping Bag page.
4. Remember that Codes are case sensitive.
5. When finished typing the code, click the “Enter” button.
If your Promotional Code qualifies, your deduction will be displayed in the payment summary. Maximum one Promotional Code per order will be accepted. Promotional Codes will NOT apply when there is a store-wide discount in effect, such as a Boxing Day Sale, or a Friends and Family Day or other similar events where discounts from displayed prices are being granted to everyone. Please note that we reserve the right to cancel orders in the event that an unauthorized promotion code is used.
The welcome discount does NOT affect the application of our return policy. Product bought at full price prior to welcome discount may still be returned for refund in accordance with the terms of our return policy. If for any reason the welcome discount is not applied on a customer’s first order, it remains available for use ONE time on any future order of the customer’s choosing.
The purchase of Gift Cards can never be discounted. However, they can be used to pay for products that are bought at a discount.
It is your responsibility to redeem Promotional Codes by following these instructions. Once an order is placed and credit card authorization is given, the company is not responsible to apply an omitted discount code for you, nor to change discount codes for you if a more attractive one was overlooked.
PRIVACY AND ONLINE SECURITY
Privacy Policy
Welcome to the Scotch-Soda.ca website (the “Site”) operated by Freemark Apparel Brands Retail SS Inc. doing business as Scotch & Soda (“Scotch & Soda”). At Scotch & Soda, we value our customers and respect your privacy. Scotch & Soda recognizes that it must maintain and use your personal information responsibly. We have created this privacy policy (the “Policy”) to demonstrate our firm commitment to your privacy and security, and to advise you about the collection, use and disclosure of personal information provided in store, by mail or at the Site. Our Policy also provides you the ability to “opt-out” of providing personal information that you do not wish to provide and to access, change or remove any personal information already collected. Scotch & Soda will not collect, use or disclose your personal information other than in compliance with this Policy.
By providing any personal information to Scotch & Soda and/or by accessing the Site, you hereby agree to all of the terms and conditions of this Policy and consent to the collection, use and disclosure of your personal information as described in this Policy. You are responsible to ensure that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material.
The terms “we”, “us”, and “our” used in the Policy refer, collectively, to Scotch & Soda and its affiliates, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “Scotch & Soda Affiliates”).
WHAT INFORMATION IS COLLECTED BY SCOTCH & SODA?
Any time you make a purchase, enter a contest, complete a ballot or otherwise provide personal information to Scocth & Soda, it is collected, used and disclosed by Scocth & Soda for various purposes as described herein. Moreover, every time you visit the Site, the following information is automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream” data. This information is stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary.
Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.
As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by completing an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our retail stores, by signing up for our newsletter (if any), by communicating with us by telephone, e-mail, in-store or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s). As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), credit card information, product interest information and financial information and in certain circumstances, your opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Scocth & Soda Affiliates.
In light of the importance of protecting children’s privacy, we do not intend the Site for child audiences, and we do not collect, process or use on our Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.
HOW IS MY PERSONAL INFORMATION USED?
In order to better serve you, we may combine information you give us online, in our stores, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
(i) Process your order and answer questions about the status of your order;
(ii) Send you or your friends, relatives, and associates, products that you have ordered;
(iii) Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon and to communicate special offers from Scocth & Soda concerning our products and services;
(iv) Develop, improve, market and provide our products and services and manage our business;
(v) Compile information related to loyalty and earned rewards points you may be entitled to in respect of your on-line and in-store product purchases; and
(vi) Help us to meet applicable legal and regulatory requirements
We also use information collected from our Site to measure interest in the various areas of our Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in this Policy, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.
TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?
We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:
• We may disclose your personal information to any Scocth & Soda Affiliates, so that it may communicate with you (whether by e-mail, telephone, post or otherwise) and provide you with promotional materials and additional information about its products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Policy.
• In the event of a sale of all or substantially all of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in this Policy.
• We may transfer personal information to non-affiliated third parties for processing on our behalf (such as fulfillment services, order processing, customer support, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that, in the event that a third party processor is located in the United States, your personal information may be processed and stored in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.
• We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of Scocth & Soda and any Scocth & Soda Affiliates.
HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?
You always have the right to direct us not to share your information with third parties (see “How do I exercise my choices about the collection, use and disclosure of my personal information?” below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to opt out as this information simply reflects statistical analysis of
various aspects of Site usage and does not include personally identifiable information.
WHAT ARE “COOKIES” AND HOW DOES SCOTCH & SODA USE COOKIES ON THE SITE?
Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the website. They keep a record of your preferences making your subsequent visits to the website more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the website, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have
visited and the number of times that you view a particular page or other item on the website, login or registration information, your preferences and your purchase history, where available.
No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Site.
We use cookies in order to improve the online experience of users of the Site. Your cookies help us keep track of your interests and, if you are a registered customer, your cookies allow us to recognize you when you return to the Site. If you register on our Site, your cookies also help us to monitor and maintain information about your use of our Site. If you have not registered with us, your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of our Site.
The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Site’s functions will not be available, and you will lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor or a registered user.
Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site.
HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?
We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as follows.
You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may prevent you from purchasing items from our Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties.
In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt-out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled “Contacting us” below, or by following the “opt-out” instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent.
In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to two (2) weeks to process your request, during which period you may continue to receive communications from Scocth & Soda. If you prefer not to receive promotional information from Scocth & Soda, please follow the unsubscribe instructions set out in our communications with you.
HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THIS POLICY AND SCOTCH & SODA’S PRIVACY PRACTICES?
You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see “Contacting us” below).
SCOTCH & SODA WILL REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU. IN THE EVENT SUCH REQUEST IS SENT BY E-MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE “REMOVE REGISTRANT” IN THE SUBJECT LINE OF YOUR E-MAIL.
You can also contact our privacy officer for any questions about or to make any complaint in relation to this Policy, as well as to Scocth & Soda’ s privacy practices in general (see the “Contacting us” section below).
HOW LONG IS MY PERSONAL INFORMATION RETAINED?
We will keep your personal information only as long as is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.
HOW SECURE IS MY PERSONAL INFORMATION?
We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Scocth & Soda employee, mandatary or agent must abide by this Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.
Scocth & Soda also strives to offer its customers a secure shopping environment.
WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
PRIVACY POLICY CHANGES
If we decide to change our Policy, we will post these changes on our Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing this Policy and any changes thereto.
PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
California Civil Code Section 1798.83 permits California customers to ask us for certain information regarding Scocth & Soda’s disclosures in the prior calendar year, if any, of personally identifiable information to third parties or our affiliates for their own direct marketing purposes. If you are a California resident and would like to make such a request, please contact our privacy officer in writing (see “Contacting us” section below).
Please include your name and the address to which you would like us to respond, and allow us 30 days to respond to your request.
OTHER WEBSITES
OUR SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY SCOTCH & SODA. THIS POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND SCOTCH & SODA DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING OUR SITE AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM OUR SITE, YOU RELEASE SCOTCH & SODA OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM OUR SITE. YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL SCOTCH & SODA OR ANY SCOTCH & SODA AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.
CONTACTING US
BY E-MAIL info@scotch-soda.ca
BY PHONE 1-866-240-2808
BY POST MAIL
Freemark Apparel Brands Retail SS Inc.
5640 Pare
Montreal, Quebec H4P 2M1
Canada
Attn: Customer Service
Last updated: September 20, 2010.