Terms and Conditions
Welcome to brandsExclusive.com.au (the “Website”). This Website is owned and operated by Brands Exclusive (Australia) pty ltd ABN 88 134 744 460 also called "Brands Exclusive", "we", "us" or “our”. Brands Exclusive is a propriety limited company and our offices are located in:
Brands Exclusive (Australia) Pty Ltd
201 Kent St
Sydney, NSW 2000
Brands Exclusive organises online sales events with exclusive deals on premium branded products for our members.
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 Brands Exclusive.
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 Brands Exclusive. 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 Brands Exclusive.
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 in the Website. The relevant applicable Terms and Conditions are those that are enforced 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 on the Website.
You must be eighteen years of age and you must be able to form legally binding contracts under applicable law to place orders with Brands Exclusive. 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.
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.
Brands Exclusive 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. Brands Exclusive will work hard to perform its obligations within a reasonable extension of time.
The website operated by Brands Exclusive is a shopping club. In order to become a member, 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.
Membership of our shopping club is free and there are no further commitments or obligations.
Brands Exclusive grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Website.
The Brands Exclusive Website 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 the Website by any form of media unless expressly authorised in writing by Brands Exclusive.
The products on sale on our Website 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 term 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.
Brands Exclusive works hard to present the products on the 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 remove any product from sale, 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, textures and fabrics shown on our Websites 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.
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 to our Website, or later on consultation of your account page once registered, our Website may send sales emails or promotional emails to you.
You can anytime opt to discontinue receiving emails by going to the My Account section on the Website and selecting your email preferences.
Site-Provided Email and Communication
You may not use our 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 Brands Exclusive or others.
Our Website may provide members with the ability to post messages on the Website and send email messages to others. Brands Exclusive 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, Brands Exclusive 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 Brands Exclusive, the Website or affiliates; (e) any spam, chain letters, pyramid schemes, contests or promotional material; (f) messages that offer unauthorized 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 Brands Exclusive’s shopping club to people who do not know you or who are unlikely to recognize you as a known contact.
Notwithstanding any other rights or restrictions in these Terms and Conditions, you may not use the 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 Brands Exclusive; e) conduct fraudulent activities; or g) collect or harvest information regarding other users of the Website for any reason.
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. We reserve the right to accept or reject your order at any time for any reason including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
While we work hard to fulfil all your orders, accepting your order is not a legally binding obligation to fulfil 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 or other payment options, we will make reasonable efforts to validate the legitimacy of the order and/or the cardholder’s identity, which may include requesting proof of identity. However, we do not guarantee that we can prevent the fraudulent use of such information by unauthorised third parties. In instances of high value orders being placed and/or where we suspect your card may be at risk of fraudulent use, we will follow internal company procedures to confirm the order is bona fide. Where we cannot reasonably rule out fraudulent card use prior to processing your order, we may decide to cancel the order (notifying you via email).
The final invoice will be placed in your orders when they are shipped out.
The estimated value of each product is shown alongside the sale price for reference and is an estimate of what the product would sell for at a Australian retail outlet. This is often provided by the supplier, with each supplier being obliged under our terms and conditions of trade to take all reasonable steps to properly verify the recommended retail price of a product. As we rarely sell items at full price, the value does not represent the former price which the item was previously sold for on this website.
In some cases our products may be sourced from overseas and not available for sale elsewhere in Australia. In that case the value is estimated based on the retail value in the country of origin, the conversion rate, the import costs to bring that product into the country, and the market value of that product in Australia.
We will always ensure we have reasonable grounds on which to base the Value Price, but we make no guarantee that the Value Price would be the actual price payable for the product from any particular retailer. 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.
Brands Exclusive 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).
Brands Exclusive is using eway as a third party payment gateway provider for credit cards. Any transaction cost associated with the payment will be incurred by Brands Exclusive.
The invoice will be sent with your order. If you want to check your account in the meantime please visit the Website and check the “My Account” and “My Orders” sections under your member login.
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. Brands Exclusive has no access to your bank data, and we do not store your bank or credit card information. Any cards saved at checkout are stored by our payment gateway provider, eWay.
Brands Exclusive 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.
Brands Exclusive is not liable for any damage caused on your computer equipment arising from computer viruses, worms, spyware programs, or likewise because of connecting to the Websites. 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 and New Zealand wide only.
Please ensure that the shipping address you enter is correct. For some products such as larger items or wine delivery to a PO box is not possible.
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 the Website.
Unless otherwise stated orders will be delivered during normal business hours between 8am and 5pm and need to be signed for. It is a good idea to enter a delivery address at which someone will be present to accept the goods at this time; 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. If Australia Post or our courier delivers the product to your nominated delivery address and it is signed for by an individual who states that they are authorised to sign for your parcel then it is deemed to be a successful delivery. (No credit or refund will be available to you if your parcel is signed for after it was delivered to your nominated address). Parcels will usually be available for pick up at your nearest Post Office for 7 days unless you are informed otherwise. In cases where the parcel is not picked up or has an incorrect delivery address, the item will be returned to Brands Exclusive. We will attempt redelivery once the delivery address has been confirmed, subject to a redelivery fee, or else pay a credit refund on returned items. We do not provide bank refunds on returned items or postage costs of returned items.
If the product has been damaged in transfer, please inform Brands Exclusive immediately and provide pictures if possible.
In cases where you have provided authority to leave a parcel without your signature, Brands Exclusive shall not be liable for any direct or indirect loss or damage caused. Brands Exclusive absolves all risk from the point that the parcel/s arrive at your nominated delivery address.
Guarantee and After-Sales Service
All products sold by Brands Exclusive are covered by a standard guarantee against hidden defects, provided by Brands Exclusive’s suppliers.
To benefit from this guarantee, please contact Brands Exclusive prior to returning the product to Brands Exclusive. When you return the product to Brands Exclusive make sure to include the invoice. Brands Exclusive will attempt to exchange and return the product to you. However, given the short term sales 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.
Certain products supplied through Brands Exclusive 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, Brands Exclusive will refund to you the purchase price of that product but will not otherwise be liable to the extent permitted by law.
Copyright and Trademark Information
The entire content of the Websites, including, but not limited to, text, design, graphics, interfaces or code and the selection and arrangements thereof is copyright 2009 of Brands Exclusive and may not be copied, used, published or disseminated in any way by any person, without the prior written permission of Brands Exclusive.
All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Brands Exclusive or other respective owners that have granted Brands Exclusive the right and license to use such Marks.
The name of Brands Exclusive, www.brandsExclusive.co.nz, www.brandsExclusive.com.au, www.brandsExclusive.com, BrandsExclusive (New Zealand) Pty Ltd or Brands Exclusive (Australia) pty ltd or any of the above trademarks or logos (for example the black square BE logo) may not be used by others in any way without specific, written prior permission. The information contained in the Website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
To the extent permitted by law, Brands Exclusive 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
Brands Exclusive may refer on the Website to third party websites on the Internet.
Brands Exclusive 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 the Website.
Brands Exclusive vouchers (including but not limited to; hard-copy and/or digital gift or promotional vouchers, promotional codes, credits) are personal to the Member receiving them.
Brands Exclusive vouchers are not transferable, have no monetary value and under no circumstances can they be converted into currency. The use of a Brands Exclusive Voucher requires the total value of the order to be higher than the monetary value of the discount given by the Brands Exclusive Voucher.
Brands Exclusive reserves the right to specify a minimum spend for which Brands Exclusive Vouchers are permitted to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spent. Only 1 Brands Exclusive Voucher can be used per member per sales event. Brands Exclusive reserves the right to cancel Vouchers if they were improperly obtained, including but not limited to violation of the Brands Exclusive Terms and Conditions.
Brands Exclusive “Invite your Friend” Vouchers are valid for 3 months after they are first credited to a Member’s account. Promotional or competition vouchers are valid for 3 months unless otherwise stated. New member signup vouchers are valid for 1 month after signing up.
In addition to the above, if you purchase or receive a Gift Card from Brands Exclusive or a third-party recipient, the value on the Gift Card will be added as Brands Exclusive credit on the recipient's account. If the recipient does not have an account, the recipient must register an account before the credit is applied. There is no requirement for a minimum spend when using these specific credits and the credits may be applied towards multiple purchases. Printed or hard copy Gift Cards will expire in accordance with the date provided on the Gift Card whereas digital Gift Cards (whereby Brands Exclusive generates the Gift Card digitally and sends it to the member's email address) will be valid for 12 months from the purchase date of the digital Gift Card.
In order to apply the credit from a Voucher or Gift Card (digital or hard copy) members will be prohibited from using any additional promotional discounts, credits, promotional codes or credits from additional gift cards (hard copy or digital).
Promotional codes and existing credits cannot in any circumstances be used to purchase gift vouchers in full or as part-payment.
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.
The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties that cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Law, a "major" failure, then the remedy will be limited to a refund, repair or replacement (subject to availability) at your election.
As a member of the Brands Exclusive shopping club you also have the opportunity to return your chosen product if you have changed your mind, the product doesn’t fit, your choice does not meet your expectations or if the product is faulty.
After receiving the product, you have 30 days to contact Brands Exclusive via the “support” section of the Websites to be eligible for a return of the product.
After checking your return request, we will send you a confirmation email.
The product must be returned to Brands Exclusive within 7 calendar days of the issue of the confirmation email by Brands Exclusive.
After receiving the product we assess the returned goods and may or may not offer a credit depending on their condition. For example, clothing or footwear items may not be refunded if they have been worn, or if sewing tags have been removed.
In order to credit you for your returned items, we expect the purchased items to be returned in brand new condition. This includes the return of the original packaging and labels and tags still being attached to the items.
Once it/they has/have been returned and accepted, we will refund you in store credit for the products (less the original shipping fee). When we issue the credit, we will send you a further confirmation email.
Because we do not hold stock, we may not be able to offer an exchange; for example a different colour or size.
If you have received faulty or damaged products, please contact us via the support section of the Website and we will arrange the return from you, as well as a full refund of the products. Subject to our acceptance of the existence of any fault in relation to any item, we will credit your method of payment, including shipping costs for delivery and, if applicable, return of the faulty item. If you would prefer a refund in store credit, please let us know.
At times there may be delays in crediting your credit card which are caused by the issuing bank. Please contact us if you have not received your credit within 21 days.
Change of Mind Returns
If a sale is still live on Brands Exclusive, you can cancel your order via the My Orders section of your account, or by contacting firstname.lastname@example.org. Once a sale has ended, it is no longer possible to cancel your order as the goods will have been ordered and paid for. If next day despatch was offered for your items, these will already be in process and will not be available to cancel.