Terms of Service

Welcome to the Scarlet website. Throughout this site, the terms "we," "us," and "our" refer to Scarlet. By using this website, including all the information, tools, and services it offers, you, as the user, agree to accept all the terms, conditions, policies, and notices stated here.

When you visit our site or make a purchase from us, you are engaging in our "Service" and agreeing to comply with the following terms and conditions ("Terms of Service" or "Terms"). This includes any additional terms, conditions, and policies referenced herein or available through hyperlinks. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully. By accessing or using any part of the site, you are agreeing to be bound by these Terms. If you do not agree, you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most up-to-date version on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for any changes. By continuing to use or access the website after any changes have been posted, you are accepting those changes.

Please note that our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence. If you are the age of majority and have provided consent, you may allow your minor dependents to use this site. It is important to note that using our products for any illegal or unauthorised purposes is strictly prohibited. Additionally, when using our Service, you must comply with all applicable laws in your jurisdiction, including copyright laws.

Furthermore, you are not permitted to transmit any worms, viruses, or any code that may cause harm or destruction. Failure to adhere to any of these Terms will result in an immediate termination of your Services.

 

FIRST TIME CUSTOMER – 30-DAY RISK-FREE TRIAL

We understand that transitioning to a new period product may require some time and adjustments. That's why we offer a 30-day risk-free trial to support you in finding the perfect fit. If you are a first-time or new customer, and are unsatisfied with your Scarlet order, you have the option to make a claim back one used product purchased. You are not required to return the product you are claiming.

To claim your 30-Day Risk-Free Trial, please email us at support@scarletperiod.com. You will be refunded or credited for the price you paid. Please note that shipping costs are not eligible for credit or refund, except in cases where the product is faulty, not fit for purpose, or does not match its description.

Please be aware that certain items are excluded from our 30-Day Risk-Free Trial, such as Swim, Bath + Body, Accessories and gifts with purchase.

We strive to ensure that everyone can find the right size and fit, and we provide email support to assist you in making the right choices before making a purchase. However, we cannot accept returns or exchanges due to incorrect size selection or change of mind after the purchase. All sales are final, except under our risk-free trial policy.

Please note that our 30-Day Risk-Free Trial is only valid for purchases made directly through scarletperiod.com. If you have made a purchase from a different website, please refer to the return policy of the stockist or wholesaler.

 

10% sign up offer

Our sign-up offer of 10% off your first order is exclusively available to new customers who subscribe to our newsletter and is valid for our Period Underwear and Period Cups. To redeem this offer, simply add products to your cart and use the provided code during checkout. It cannot be combined with any other ongoing offers or promotions.

 

Promotions

Scarlet reserves the right to run promotions at our discretion and without prior notice. Please note that coupon promotions cannot be combined with other promotions, discounts, or offers. Additionally, these coupon promotions exclude gift cards, sale items, and bundle packs.

 

SECTION 2 - GENERAL CONDITIONS 
We retain the right to refuse service to any individual at any time and for any reason. Please be aware that while your content (excluding credit card information) may be transferred without encryption, it may undergo transmissions over various networks and adapt to technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks to ensure its security.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including the use of the Service or access to the Service, without obtaining our express written permission.

The headings used in this agreement are provided for convenience purposes only and do not impose limitations or alter these Terms in any way.

 
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We cannot guarantee the accuracy, completeness, or currency of the information provided on this site. The material available on this site is intended for general information purposes only. It should not be solely relied upon or used as the sole basis for making decisions. To ensure accuracy, completeness, and timeliness, it is advisable to consult primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is done at your own risk.

This site may include certain historical information. However, please note that historical information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor and stay informed about any changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

The prices of our products may change without prior notice. We retain the right to modify or discontinue the Service, or any part or content of it, at any time without notice. We will not be held liable to you or any third-party for any modifications, price changes, suspensions, or discontinuations of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or services may be exclusively available online through our website. Please note that these products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have taken every effort to accurately display the colours and images of our products on the store. However, please be aware that we cannot guarantee the exact accuracy of colour representations on your computer monitor's display.

We reserve the right, but are not obligated, to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we offer. Descriptions of products or product pricing are subject to change without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any offers for products or services made on this site are void where prohibited.

We do not provide warranty regarding the quality of any products, services, information, or other materials purchased or obtained by you. Furthermore, we do not guarantee that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We retain the right to reject any order you place with us. We may, at our sole discretion, impose limitations on or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make any changes to or cancel an order, we will try to notify you by using the email address and/or billing address/phone number provided at the time of placing the order. We also reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.

By making a purchase at our store, you agree to provide accurate, complete, and up-to-date purchase and account information. It is your responsibility to promptly update your account and other relevant information, including your email address and credit card details, to ensure smooth transactions and effective communication from our side. 

For more detailed information, please refer to our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS 

We may grant you access to third-party tools that we neither monitor nor have control or input over.

You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We hold no liability whatsoever arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. It is important that you familiarize yourself with and agree to the terms and conditions set by the relevant third-party provider(s) for the provision of these tools.

Furthermore, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. These new additions will also be governed by these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS 
The Service may include content, products, and services that are provided by third parties.

This site may contain links to third-party websites that are not affiliated with us. We do not assume any responsibility for examining or evaluating the content or accuracy of these third-party materials or websites. Additionally, we do not provide any warranties or accept liability for any third-party materials, products, or services.

We are not responsible for any harm or damages incurred from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Before engaging in any transaction, we strongly advise you to carefully review the policies and practices of the third-party involved. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third-party directly.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If we request specific submissions from you (such as contest entries), or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials to us, whether through online platforms, email, postal mail, or any other means (collectively referred to as "comments"), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use these comments in any medium, without any limitations. We are not obligated to (1) keep any comments confidential, (2) provide compensation for any comments, or (3) respond to any comments.

While we have the option to monitor, edit, or remove content at our sole discretion, we are not obliged to do so. We may act against content that we deem, in our sole judgment, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that infringes upon any party's intellectual property rights or violates these Terms of Service.

You agree that your comments will not violate any rights of third parties, including copyrights, trademarks, privacy, personality rights, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or any third parties regarding the origin of your comments. You are solely responsible for the content and accuracy of your comments. We assume no liability and accept no responsibility for any comments posted by you or any third party.

 

SECTION 10 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

When you provide personal information through the store, it is subject to our Privacy Policy. To access and review our Privacy Policy, please click here.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be inaccuracies or omissions in the information provided on our site or in the Service, including product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to modify or cancel orders if the information in the Service or on any related website is inaccurate, without prior notice (even after you have submitted your order).

We are not obligated to update or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES 

In addition to other prohibitions stated in the Terms of Service, the following actions are strictly prohibited when using the site or its content: (a) engaging in any unlawful activities; (b) soliciting others to participate in unlawful acts; (c) violating any local, state, provincial, federal, or international regulations, rules, laws, or ordinances; (d) infringing upon our intellectual property rights or the rights of others; (e) engaging in harassment, abuse, insults, harm, defamation, slander, disparagement, intimidation, or discrimination based on factors such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other malicious code that could impact the functionality or operation of the Service, related websites, other websites, or the Internet; (h) collecting or tracking personal information of others; (i) engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the Service for any obscene or immoral purpose; or (k) interfering with or bypassing the security features of the Service, related websites, other websites, or the Internet. If you violate any of these prohibited uses, we reserve the right to terminate your access to the Service or any related website.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We cannot guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the service will be accurate or reliable. Please note that we may, from time to time, remove the service for indefinite periods or cancel it without prior notice to you. It is important to understand that your use of the service, or the inability to use it, is solely at your own risk.

The service, as well as all products and services delivered through the service, are provided "as is" and "as available" for your use, unless expressly stated otherwise by us. This means that we do not make any representations, warranties, or conditions, either express or implied, including but not limited to implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Scarlet, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This applies whether the damages are based on contract, tort (including negligence), strict liability, or otherwise, and whether we were advised of the possibility of such damages.

Furthermore, we cannot be held responsible for any injury, loss, claim, or damages arising from your use of the service or any products obtained through the service. This includes any errors or omissions in the content, or any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or made available through the service. It is important to note that some states or jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION 
You agree to indemnify, defend, and hold Scarlet, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY 

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms of Service. Such a determination will not affect the validity and enforceability of the remaining provisions.

 

SECTION 16 - TERMINATION 

The obligations and liabilities of both parties prior to the termination date will continue to apply even after the termination of this agreement. These Terms of Service remain in effect until terminated by either you or us. You have the option to terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing your use of our site.

If we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms of Service, or if we have reason to suspect such failure, we may terminate this agreement without prior notice. In such cases, you will still be responsible for any outstanding amounts up to the date of termination, and we may also restrict your access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT 
Our failure to exercise or enforce any right or provision stated in these Terms of Service does not waive that right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, constitute the complete agreement and understanding between you and us, governing your use of the Service. They supersede any previous or concurrent agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). Any uncertainties in the interpretation of these Terms of Service will not be interpreted against the party responsible for drafting them.

 

SECTION 18 - GOVERNING LAW 
These Terms of Service, along with any separate agreements through which we provide you with Services, will be governed by and interpreted in accordance with the laws of Australia.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can always find the most up-to-date version of the Terms of Service on this page. We have the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting updates and revisions on our website. It is your responsibility to periodically check our website for any changes. If you continue to use or access our website or the Service after any changes to these Terms of Service have been posted, it signifies your acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION 

If you have any questions regarding the Terms of Service, please feel free to reach out to us at hello@scarletperiod.com.

 

SECTION 21 - WIN BACK YOUR ORDER MONTHLY PROMOTION

1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

 Promoter

2. The promoter is Scarlet (via The Word Collective, ABN 28 161 027 443)

 Eligibility

3. Entry is only open to Australian residents

4. Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, stepsister or 1st cousin.

 Promotion Period

5. This is a monthly competition. Promotional Period includes:

  • December: starts on 1/12/2023 and ends at 11.59pm AEST on 31/12/2023.
  • January: starts on 1/01/2024 and ends at 11.59pm AEST on 31/01/2024.
  • February: starts on 1/02/2024 and ends at 11.59pm AEST on 29/02/2024.
  • March: starts on 1/03/2024 and ends at 11.59pm AEST on 31/03/2024.
  • April: starts on 1/04/2024 and ends at 11.59pm AEST on 30/04/2024.

 Method of Entry

6. Entrants must follow the instructions below:

  • Follow @scarlet_period.
  • Post a photo to Instagram of your SCARLETwear, tagging both @scarlet_period and #imwithscarlet.

7. Multiple entries are permitted if the entry instructions are adhered to.

8. The Promoter reserves the right, at any time, to verify the validity of entries and Entrants (including an Entrant’s identity, age, and place of residence). The Promoter reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

9. Incomplete or indecipherable entries will be deemed invalid.

10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

Judging of winner

11. The Promoter’s decision is final, and no correspondence will be entered into.

12. Winners will be notified by direct message on Instagram at the close of the promotional period.

Prize

13. Once the winning entrant has been verified, the Promoter will notify the winner and organise for the prize to be awarded. If for any reason a winner does not take / redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.

14. Total prize pool value is to the RRP value of the winner’s past order.

Limitation of Liability

15. To the full extent permitted by law (which does not affect your statutory rights and guarantees), the Promoter (including its officers, agents, and employees) will not in any circumstances be responsible or liable to compensate you or accept any liability for:

(a) Any incorrect or inaccurate information

(b) Any technical error or third-party interference that may occur while administering the promotion

(c) Any claim that an entry is lost, late, or otherwise damaged in any way

(d) Any tax liability incurred by an Entrant

(e) any injury, damages, expenses, or loss whatsoever (whether direct or consequential) to you or your property because of any person entering the promotion, or accepting or using any prize including without limitation any non-receipt or damage to any prize

16. The Authorised Person of each Entrant:

(a) will ensure that the Entrant in respect of whom they agree to these Terms and Conditions, will comply with these Terms and Conditions.

(b) warrants that the Entrant in respect of whom they agree to these Terms and Conditions, is not in breach of any term of these Terms and Conditions and provides all the consents and warranties as required from each of them and the entrant in these Terms and Conditions, on the entrant’s behalf.

(c) holds the Promoter harmless from any and all damage or loss arising from the promotion, and indemnifies the Promoter against any claims made by the Entrant, his or her guardian, any member of his or her family or any other party, against the Promoter in connection with the Promotion or the Entrant's participation in the promotion, and any loss or liability caused by an act or omission of the Entrant in breach of these Terms and Conditions.

Data and Privacy
17. The Promoter collects personal information ("PI") to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, distributors, contractors, service providers and prize suppliers. Entry is conditional on providing this PI.

The Promoter will also use, and handle PI as set out in its Privacy Policy, which can be viewed at https://scarletperiod.com/policies/privacy-policy. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose entrant’s PI to any entity outside of Australia.

General

18. All decisions made by the Promoter regarding the promotion are final and the Promoter will not enter any correspondence with you.

19. If for any reason the promotion is not capable of proceeding as planned, is interfered with, or disrupted in any way, the Promoter reserves the right to disqualify any Entrant or cancel, terminate, suspend, modify, or recommence the promotion.

20. These terms are governed by the laws of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria.

21. If any provision of these terms is held to be illegal, invalid, or unenforceable it will be severed from the remaining provisions which will continue in full force and effect.