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Terms and Conditions
About brandsExclusive
brandsExclusive (Australia) pty ltd ABN 88 134 744 460 also called "brandsExclusive", "we" or "us" is a propriety limited company and our offices are located in:
brandsExclusive (Australia) pty ltd
Suite 1, 85 William Street
Darlinghurst NSW 2010
Australia
For any enquiries please contact customer service:
T: 02 9146 5425 , F: 02 9697 9412
brandsExclusive organises online sales events with exclusive deals on premium branded products for our members at significantly reduced prices.
Scope of these Terms and Conditions
These Terms and Conditions are the basis of our service commitment to our members who are our only customers. They set out the terms of the contract between the member ("you") and brandsExclusive.
By completing a member application form and becoming a member, you acknowledge that you are aware of the following terms and conditions and that all transactions conducted with us will be subject to these terms and conditions only.
These Terms and Conditions cannot be amended or varied without the written consent of brandsExclusive. The Terms and Conditions, and all policies referred to in, or orders made pursuant to these Terms and Conditions contain the entire understanding between you and brandsExclusive.
We may make changes to these Terms and Conditions at any time without notice to you. The current terms are as set out in the “Terms and Conditions” section of our website
www.brandsExclusive.com.au. The relevant applicable Terms and Conditions are those that are in force at the time of delivery of your order. Changes to the Terms and Conditions will be announced from time to time in the “support” section of our website
www.brandsExclusive.com.au.
Membership Eligibility
You must be eighteen years of age and you must be able to form legally binding contracts under applicable law to place orders with brandsExclusive. By accepting these Terms and Conditions and becoming a member of our shopping club you warrant that you are 18 years old or over and that you can form legally binding contracts under applicable law. If you do not qualify, you must not use our services.
A member is considered to have the authority of the person who owns or controls access to the email address provided by such member.
Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of NSW, Australia and shall be subject to the non-exclusive jurisdiction of the courts of NSW, Australia.
Force Majeure
brandsExclusive is not liable for delays in performing any obligations under these terms and conditions caused by circumstances beyond our reasonable control including, but not limited to, catastrophes, fire, internal or external strike, wars, terrorists acts, internal or external breakdowns or failure, and, in general, any event not allowing orders to be processed properly. brandsExclusive will work hard to perform its obligations within a reasonable extension of time.
Membership
brandsExclusive is a closed shopping community. In order to become a member, you need to be invited and you must complete the application form however brands Exclusive reserves the right to reject any application for membership and also reserves the right to terminate any membership at any time and in doing so will not be required to provide any reasons.
The invitation process is facilitated through our website
www.brandsExclusive.com.au in the section “invitation”. Membership of brandsExclusive is free and there are no further commitments or obligations.
brandsExclusive is an exclusive community. In order to protect the exclusivity of our community, members can invite friends or relatives to become members, but are restricted from publicly advertising access to brandsExclusive by any form of media unless expressly authorised in writing by brandsExclusive.
Reservations
The products on sale on our website
www.brandsExclusive.com.au are intended solely for purchase and personal use by members. A member must not commercially resell any product acquired from us. It is generally a specific terms of our arrangements with suppliers that product sold by us will only be sold to members for their personal use and will not be commercially resold . The member must indemnify us for all or any loss or liability arising from any breach of this provision.
brandsExclusive works hard to present the products on our website as accurately as possible. As much as we try to avoid it, on some occasions the information on our website may contain inaccuracies or may not be complete. We reserve the right to correct any errors and to change or update information at any time without prior notice.
Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours and fabrics shown on our website may slightly differ from the actual item. If the product does not meet your expectations you may return it to us in accordance with our return policy.
Electronic Communication
When you use our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing and have been received by you.
Where you have given us consent, either at the point at which you register onto the site, or later on consultation of you account page once registered, brandsExclusive may send emails or promotional emails to you.
You can anytime opt to discontinue receiving emails by unchecking the box entitled "Subscribe: I would like to receive sales event invitations." in the 'my account'>'I would like to change my personal details or email preferences.' section of the site.
Site-Provided Email and Communication
You may not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity, which infringes the rights of BrandsExclusive or others.
brandsExclusive may provide members with the ability to post messages on the website and send email messages to others. brandsExclusive is under no obligation to review any messages, information or content posted on the website by users and assumes no responsibility or liability relating to any such content. Notwithstanding the above, brandsexclusive may from time to time monitor postings on the website and may decline to accept and/or remove any email or postings on the website.
You agree not to use the website to post content or other communications that contain (a) political or otherwise unlawful, abusive or obscene content; (b) advertisements of any kind; (c) personal information (such as tax file numbers, addresses, birth dates, phone numbers, etc.); (d) confidential information of brandsExclusive or affiliates; (e) any spam, chain letters, pyramid schemes, contests or promotional material; (f) messages that offer unauthorised downloads of any copyrighted or private information; and (g) information similar or related to the foregoing.
You further agree not to send email invitations to join brandsExclusive to people who do not know you or who are unlikely to recognise you as a known contact.
Notwithstanding any other rights or restrictions in these Terms and condition, you may not use this website to: a) send unsolicited commercial e-mails, b) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; c) misrepresent the identity of a user or use a false e-mail address; d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of brandsExclusive; e) conduct fraudulent activities; or g) collect or harvest information regarding other users of the Site for any reason.
Your order
Once you have placed and confirmed your order, we will confirm the receipt of your order and provide you with an order number via email. However, such email does not guarantee that the product is available. In case of stock shortage, we will contact you and either offer another similar product, or cancel the order and reimburse to you the full purchase price.
While we work hard to fulfill all your orders, accepting your order is not a legally binding obligation to fulfill the order. The order will be fulfilled by delivery of the product ordered (or any agreed substitute product).
We may restrict sales quantities to each member to normal household quantities in order to enable all of our members to have a chance of purchasing the products they desire.
In an effort to prevent fraudulent use of credit cards and other payment options we will use reasonable efforts to validate the bona fides of each order, however we do not warrant that we can prevent the fraudulent use of such information by unauthorised third parties.
The final invoice will be placed in your orders when they are shipped out.
Prices
The discounted prices shown on our website are relative to the recommended retail prices as given to us by the supplier.
The prices for all products shown on our website are inclusive of GST. Any change in the GST rate shall be automatically applied to the prices of the products.
However, prices do not include shipping and handling costs. These costs will be shown at the end of the shopping process and depend on delivery address, delivery method, as well as weight and size of the product.
Payment
brandsExclusive can only accept payments by credit card or PayPal. The accepted credit cards are Visa, MasterCard and American Express. Payment must be made with the order, if the order does not proceed, payment will be refunded (not including shipping and delivery costs incurred at the time of cancellation).
brandsExclusive is using eway as a third party payment gateway provider. Any transaction cost associated with the payment will be incurred by brandsExclusive.
The invoice will be sent with your order. If you want to check your account in the meantime please visit our website
www.brandsExclusive.com.au and check the “My Account” and “My Orders” sections under your member login.
Payment Security
Personal information (address, credit card number, account number, etc.) is encrypted by a 128/256bit SSL connection in an attempt to stop your information being intercepted or read by unauthorised persons. However we do not warrant that our efforts will be successful brandsExclusive has no access to your bank data, and we do not store your bank or credit card information. You are therefore required to enter your payment details with every order you place with us.
brandsExclusive will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a member whose credit card is fraudulently used or is used in an unauthorised manner.
brandsExclusive is not liable for any damage caused on your computer equipment arising from computer viruses, worms, spyware programs, or likewise because of connecting to our website. Please ensure your anti-virus software, firewalls and other protection programs are kept up-to-date.
Supply and Delivery of your purchases
At this point in time, we deliver Australia wide only.
Please ensure that the shipping address you enter is correct.
The delivery of your package may take up to 4 weeks subject to stock availability and due to our business model.
You can check your order status at any time under the “my account” and “my orders” sections when you login as a member to our website.
It is a good idea to enter a delivery address at which someone will be present to accept the goods within normal business hours; for example your workplace. If there is no one present at the delivery location who is entitled to accept and sign for the delivery, a card will be left in your letterbox informing you about the incomplete delivery and where to pick your parcels up. The parcels will be available for pick up at your nearest Post Office for 7 days. In cases where the parcel is returned to brandsExclusive due to either not being picked up or an incorrect delivery address, we will refund the purchase price but not the delivery charges.
If the product has been damaged in transfer, please inform brandsExclusive immediately and provide pictures if possible.
Returns and Refund Policy
As a member of brandsExclusive you have the opportunity to return your chosen products if you have changed your mind, the product doesn’t fit, your choice does not meet your expectations or if the product is faulty.
Please see out standard Return Policy for details.
Guarantee and after-sales service
All products sold by brandsExclusive are covered by a standard guarantee against hidden defects, provided by brandsExclusive’s suppliers.
To benefit from this guarantee, please return the product to brandsExclusive and make sure to include the invoice. brandsExclusive will attempt to exchange and return the product to you. Given the short term campaigns we conduct and the fact that we don’t stock products ourselves, this may not be possible. In this case we will either offer you a similar product or the reimbursement of the purchase price of the initial product.
Warranty
Certain products supplied through brandsExclusive may only be serviced and supported by the manufacturer. This will be advertised and the product will be sold with manufacturer’s warranty. We kindly ask you to contact the manufacturer or its local distributor first regarding any issues with the product. If the manufacturer is unable to comply, brandsExclusive will refund to you the purchase price of that product. but to the extent permitted by law, will not otherwise be liable.
Copyright and Trademark Information
The entire content of our website, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements thereof is copyright 2009 of brandsExclusive and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of brandsExclusive.
All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to brandsExclusive or other respective owners that have granted brandsExclusive the right and license to use such Marks.
The name of brandsExclusive,
www.brandsExclusive.com.au,
www.brandsExclusive.com or brandsExclusive (Australia) pty ltd or any of the above trademarks or logos (for example the green and the magenta leaves may not be used by others in any way without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Liability
To the extent permitted by law, brandsExclusive will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whether caused by wrongful acts (including negligence), breach of contract or otherwise. Our maximum aggregate liability for any product supplied to you shall in no circumstances exceed the stated value of the product at the time of purchase, and we reserve the right to pay such amount to you in total satisfaction of any claim you may have against us..
Exclusion of liability for third party links
brandsExclusive may refer on its website
www.brandsExclusive.com.au to third party websites on the Internet.
brandsExclusive expressly declares that it has no influence on the design and content of the linked pages. We dissociate ourselves from, and will not be liable for the contents of any linked pages of third parties to
www.brandsExclusive.com.au.
Vouchers
brandsExclusive vouchers are personal to the Member receiving it.
brandsExclusive vouchers are not transferable, have no monetary value and under no circumstances can it be converted into currency. The use of a brandsExclusive Vouchers requires the total value of the order to be higher than the monetary value of the discount given by the brandsExclusive Voucher.
brandsExclusive reserves the right to specify a minimum spend for which brandsExclusive Voucher are permitted to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend. Only 1 brandsExclusive Vouchers can be used per member per sales event. brandsExclusive reserves the right to cancel vouchers if they were improperly obtained, including but not limited to violation of the brandsExclusive terms and conditions.
brandsExclusive “Invite your Friend” Vouchers are valid for 6 months after they are first credited to a Member’s account. Promotional or competition vouchers are valid for 6 months unless otherwise stated. New member signup vouchers are valid for 1 month after signing up.
Liquor Licence
Your contract of sale is with brandsExclusive (Australia) Pty Ltd, Liquor Licence number LIQP7700010273 as the liquor sold through our website is by our licensee on behalf of brandsExclusive (Australia) Pty Ltd.
The sale of liquor pursuant to the offer to purchase from this website is made at our licensed premises attached to the licence number LIQP7700010273. Accordingly, your offer to purchase is subject to acceptance of your offer by the holder of the Liquor Licence, certification and evidence of you being over 18 years of age, the availability of stock and the liquor which is the subject matter of your offer being ascertained and appropriated to the above-mentioned licensed premises.
Liquor will be shipped Australia wide unless restricted by law.
Severability
If any part of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other parts of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Australian Competitions Club
