Terms of service
ScanSKU Terms and Conditions (United States)
These Terms and Conditions apply to your use of www.scansku.com (the Website) and to the ordering, purchase, fulfillment and delivery of Products from ScanSKU to customers in the United States.
Please read these Terms and Conditions carefully before placing an Order. They contain important information about ordering, shipping, warranties, device security, limitations of liability and how disputes are resolved.
1. Agreement
1.1 In these Terms and Conditions, "we", "our" or "us" means The Trustee for A THAI FAMILY TRUST and The Trustee for AD GURNEY FAMILY TRUST, in partnership (ABN 29 872 944 041), trading as ScanSKU, and "you" or "your" means the person or business that places an Order or otherwise accepts these Terms and Conditions.
1.2 You accept these Terms and Conditions when you place an Order, including by checking the acceptance box at checkout, or when you accept a quote or invoice from us that refers to these Terms and Conditions. These Terms and Conditions also apply to your use of the Website.
1.3 These Terms and Conditions, together with your Order, form the entire agreement between you and us for the supply of Products (the Agreement). Any different or additional terms in your purchase order or other documents do not apply unless we agree to them in writing. The Agreement can only be changed if we agree in writing or by email.
1.4 We may update these Terms and Conditions from time to time. The version published on the Website when you place an Order applies to that Order.
2. Eligibility
You must be at least 18 years old to place an Order. By placing an Order, you confirm that you are at least 18 years old and, if you are ordering on behalf of a business, that you are authorized to bind that business.
3. Website Use
3.1 The Website may contain links to other websites. These links are provided for convenience only and may not remain current. We are not responsible for the content or privacy practices of linked websites.
3.2 You must ensure that your access to and use of the Website complies with all laws that apply to you.
3.3 You are responsible for taking your own precautions to protect your computer systems from viruses, malicious code or other interference when accessing the Website. To the extent permitted by law, we are not responsible for any such damage arising from your use of the Website.
4. Pricing and Taxes
4.1 Prices are shown in US dollars and may change without notice. Once we have accepted an Order and a Purchase Contract has been formed under clause 6, the price of the Product will not change except:
a. by agreement between you and us in writing or by email; or b. in accordance with clause 7.4.
4.2 Shipping charges, if any, are shown at checkout.
4.3 Prices do not include sales tax, use tax or other applicable taxes, which will be added at checkout where required by law. If you are claiming a tax exemption, you must provide a valid exemption certificate before your Order is placed.
4.4 You are responsible for any import duties, customs fees or brokerage charges that apply to your Order, unless we state otherwise at checkout.
5. Product Specifications
5.1 Features and specifications of Products described or shown on the Website may change without notice. We will not materially change the features or specifications of a Product after we have accepted your Order.
5.2 Weights and dimensions are approximate. Screen sizes are measured diagonally, and screen images on the Website are simulated unless stated otherwise.
6. Orders
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to purchase the Products in your Order.
6.2 A contract for the purchase of the Products (Purchase Contract) is formed when we send an Order confirmation to your email address.
6.3 We primarily communicate by email. You are responsible for providing correct contact details and for regularly checking your email.
6.4 We may decline an Order or cancel it at any time before the Products are shipped. If we cancel an Order, we will refund all amounts paid for that Order in full and confirm the cancellation and refund by email.
6.5 We are not responsible for Orders that are not received or are delayed due to internet or connection disruptions outside our control.
6.6 If you provide an incorrect or incomplete shipping address, we may charge a fee for each additional delivery attempt.
7. Payment
7.1 Payment can be made through the payment methods offered at checkout, currently PayPal and Stripe.
7.2 Payment is processed when you place your Order.
7.3 If your payment triggers our fraud prevention checks, we may contact you to confirm additional details or cancel the transaction. Your Order will not be fulfilled until it passes these checks. If you do not provide the requested information within 7 days, we will cancel your Order and refund your payment to the original payment method.
7.4 Despite our best efforts, a Product may occasionally be incorrectly priced on the Website. If the correct price is higher than the displayed price, we will contact you before shipping to ask whether you want to purchase the Product at the correct price or cancel your Order. If the correct price is lower, we will charge the lower price, or refund the difference if you have already paid the higher price.
7.5 Before initiating a chargeback or payment dispute, please contact us so we can try to resolve the issue.
8. Shipping and Delivery
8.1 We aim to ship Products promptly, but carrier delays, customs processing and other factors outside our control may cause delays. Shipping and delivery dates are estimates only.
8.2 If shipping is delayed by more than one week beyond the estimated date, we will notify you by email. You may cancel your Order and receive a full refund at any time before the Products are shipped.
8.3 If you authorize delivery without a signature, any shipping insurance will not apply once the Products are left at the delivery address.
8.4 Once Products are shipped, we will provide you with tracking details, and you should contact the carrier directly about delivery dates and times.
8.5 Title to the Products passes to you when we receive full payment. Risk of loss passes to you on delivery to the address in your Order.
9. Returns and Refunds
9.1 Returns and refunds are handled in accordance with our Returns Policy, available on the Website.
9.2 To arrange a return, please contact us for a return authorization before sending any Products back. Returns sent without authorization may be refused.
9.3 Products returned for reasons other than a defect (for example, change of mind returns, where offered) must be returned within the period stated in our Returns Policy, in their original packaging, with all accessories, and in resaleable condition. You are responsible for return shipping costs and for Products lost in transit on their way back to us.
9.4 Products returned because of a defect covered by our Limited Warranty are handled under clause 10.
9.5 Approved refunds are issued to the original payment method and may take up to 10 business days to process.
10. Limited Warranty
10.1 We warrant to the original purchaser that each Product will be free from defects in materials and workmanship under normal use for 12 months from the date of delivery (the Warranty Period). This is our Limited Warranty.
10.2 If a Product has a covered defect during the Warranty Period, we will, at our option, repair the Product, replace it with the same or an equivalent product, or refund the purchase price. To make a claim, contact us at contact@scansku.com with your order number and a description of the defect. We will provide return instructions, and we will pay the cost of shipping repaired or replacement Products back to you.
10.3 The Limited Warranty does not cover:
a. damage caused by accident, misuse, abuse, liquid exposure beyond the Product's stated rating, or use contrary to the product instructions; b. normal wear and tear, including cosmetic damage and gradual battery capacity loss; c. damage caused by unauthorized repair, modification, rooting, unofficial firmware or tampering with security features; d. problems caused by third-party software, networks or services; or e. Products purchased from someone other than us or an authorized reseller.
10.4 Repairs and servicing outside the Warranty Period are offered at our discretion and may be declined. Paid repairs come with a 90 day warranty covering the parts replaced and the work performed. This repair warranty does not restart or extend the original Warranty Period.
10.5 Extended Warranties are available for some Products, as listed on the Website, and may be purchased up to 14 days after delivery.
10.6 IF YOU ARE A CONSUMER, ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. IF YOU ARE PURCHASING FOR BUSINESS PURPOSES, AND TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.7 THE REMEDIES IN CLAUSE 10.2 ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE LIMITED WARRANTY, TO THE EXTENT PERMITTED BY LAW.
10.8 This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
11. Limitation of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS OR DATA, HOWEVER ARISING, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT IS LIMITED TO THE AMOUNT YOU PAID FOR THAT PRODUCT.
11.3 SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Nothing in these Terms and Conditions limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence.
12. Device Security
12.1 Products run the Android operating system and allow you to install, configure and operate software. Once a Product is delivered, you are responsible for its configuration, management and security, including which applications are installed, what permissions are granted, which networks it connects to, and who has physical or administrative access to it.
12.2 We do not develop, review, control or endorse third-party applications, services, websites or files that you install or access on a Product, and you install and use them at your own risk. We are not responsible for any malfunction, data loss, security compromise or other loss caused by third-party software, except to the extent caused by our own act or omission.
12.3 You should take reasonable steps to protect Products, including:
a. installing applications only from trusted sources, such as Google Play or a vendor you have verified; b. not enabling developer options, USB debugging or installation from unknown sources, and not rooting or otherwise modifying the operating system, unless you have a specific need and understand the risks; c. using screen locks, strong passwords and, where appropriate, a mobile device management (MDM) solution; d. applying software and security updates when they are made available; e. connecting only to secure networks; and f. acting promptly if you suspect a Product has been compromised, lost or stolen.
12.4 We may, from time to time, make firmware or security updates available for Products, but we do not guarantee that updates will be provided for any particular Product or for any particular period. The availability, timing and content of updates depend largely on third parties, including Google and chipset and component manufacturers, and are outside our control. You acknowledge that a Product may stop receiving Android upgrades or security patches, that its exposure to security vulnerabilities may increase after that point, and that you are responsible for assessing whether a Product remains suitable for your intended use.
12.5 No connected device can be made completely secure. While we take reasonable care in supplying Products, WE DO NOT WARRANT THAT PRODUCTS WILL BE FREE FROM ALL VULNERABILITIES, MALWARE OR UNAUTHORIZED ACCESS.
12.6 Clause 11 (Limitation of Liability) applies to any loss arising from a security incident affecting a Product, including one caused by third-party software, your configuration or network, or a failure to follow clause 12.3.
12.7 If you are purchasing for business purposes, you are responsible for complying with any data security, privacy or industry requirements that apply to your use of the Products, including in relation to any personal information, payment card data or health information processed on them.
13. Battery Safety
13.1 Products contain rechargeable lithium-ion or lithium-polymer batteries. We do not manufacture the battery cells, which are made by third-party battery or device manufacturers and supplied as part of the relevant Product or accessory.
13.2 You must use batteries, chargers and charging cables only in accordance with the product instructions, and must not use damaged, swollen, leaking, modified or non-compatible batteries or chargers.
13.3 You must dispose of batteries in accordance with applicable federal, state and local laws. Lithium batteries must not be placed in household trash.
14. Software Compatibility
14.1 We test our hardware with the software packages listed on the Website, using the software versions available at the time of testing.
14.2 Software providers may update, change or discontinue features at any time. We cannot guarantee ongoing compatibility after such changes, and we are not responsible for issues caused by software changes outside our control.
14.3 We recommend that you confirm compatibility with the software provider and review their release notes before upgrading.
14.4 Our relationships with software providers vary. We have formal partnerships with some providers, informal relationships with others, and in some cases no relationship at all, meaning we have only tested their software and confirmed it worked on our hardware at the time of testing.
15. Regulatory Compliance
15.1 Our Products are supplied in compliance with the regulations and standards that apply at the time of sale, including applicable FCC requirements.
15.2 We cannot anticipate or control future changes to laws, regulations or compliance requirements that may affect the use or functionality of Products. You are responsible for staying informed about regulatory changes that may affect your use of the Products and, if you are a business, for ensuring your use complies with laws that apply to your industry. To the extent permitted by law, we are not responsible for incompatibilities or limitations arising from such changes.
15.3 You must comply with all applicable US export control and sanctions laws and must not export, re-export or transfer Products in violation of those laws.
16. Respectful Conduct
16.1 We are committed to providing professional, courteous and helpful service, and we expect the same respect toward our staff and representatives.
16.2 We do not tolerate abusive, aggressive, harassing or disrespectful behavior by phone, email, chat or in person, including offensive language, personal insults, threats or repeated unreasonable demands.
16.3 If such behavior occurs, we may, at our discretion, limit or suspend communication, decline to provide further service or support, or refuse future business. This does not affect any warranty obligations we owe you for Products you have already purchased.
17. Intellectual Property
All intellectual property in the material on the Website belongs to us or our licensors. Unless expressly authorized, you may not reproduce, adapt, modify, display, perform or distribute any of that material.
18. Privacy
We handle your personal information in accordance with our Privacy Policy, available on the Website, including any rights you may have under applicable state privacy laws.
19. Gift Cards and Store Credit
19.1 Gift cards and store credit do not expire.
19.2 Gift cards and store credit can be redeemed by entering the code in the Gift Card field at checkout. They cannot be exchanged for cash, except where required by state law.
20. Dispute Resolution
20.1 If you have a dispute with us, please contact us first at contact@scansku.com and give us 30 days to try to resolve it informally.
20.2 These Terms and Conditions are governed by the laws of Victoria, Australia, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20.3 Any dispute that is not resolved informally must be brought in the courts of Victoria, Australia (including federal courts sitting in Victoria), and you and we consent to the jurisdiction of those courts. This does not prevent a consumer from bringing a claim in small claims court where they reside, if permitted by law.
21. General
21.1 We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemics, labor disputes, supply shortages, carrier failures or government action.
21.2 If any part of these Terms and Conditions is found to be invalid or unenforceable, that part will be limited or severed to the minimum extent necessary and the remainder will continue to apply.
21.3 A failure or delay by us in exercising any right does not waive that right.
21.4 You may not assign your rights under these Terms and Conditions without our written consent.
