Terms & Conditions

EXCLUSIVE COLLECTABLES.BIZ TERMS AND CONDITIONS OF USE

Version 1.1

This website ("Site") is owned and operated by EXCLUSIVE COLLECTABLES PTY LTD ACN 63 103 682 462 T/AS Exclusive Collectables, Exclusive Model Cars and Collectables, ("Exclusive Collectables," "we," "us" or "our", the "Supplier") or its registered business names.

By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific WebPages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site.

Exclusive Collectables reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.

You may print or download Content from the Site for product and brand promotional material, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Exclusive Collectables.

You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Exclusive Collectables may at any time exercise editorial control over the Content of the Site.

  • 1. Trademarks

Exclusive Model Cars ( 1172452), EXC/RC ( 1185030), EXCLUSIVE MODEL CARS & COLLECTABLES ( 1172459) & AUTHENTIC APPAREL (1185027) are registered trademarks of Frank Nohra Investments PTY LTD All other trademarks appearing on this Site are the property of their respective owners.

•2.     Systems Reliability

Exclusive Collectables aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Exclusive Collectables shall not be liable for lost information or non-availability of the services.

  • 3. Governing Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the State of New South Wales.

•4.     Ordering

4.1 Placing Advanced Orders

Exclusive Collectables will allow stockists to place advanced orders for future releases and will provide complementary promotional material, as part of this facility stockists are required to provide Exclusive Collectables with the required quantities by the close of date for each product. if the stockist does not provide Exclusive Collectable with their required quantity by the close of date any orders received at a later date will only be supplied on a surplus stock allocation basis.

4.2 Ordering Products that are In stock

Exclusive Collectables take no responsibility for an item that is listed as "In Stock" on our website that may not be In Stock, Stockist's are to work on the knowledge that a product is in stock once they have received and made payment from a pro forma that has the product listed on it. If a product is in stock at the time the proforma was generated and payment was not made within the 7 day payment window the stock will be returned to inventory and may become allocated to another stockist.

4.3 Cancellation of Orders

Exclusive Collectables manufactures and orders products based on the final order quantity from all its stockists, this is done in order to keep products collectable and to ensure that all stockists receive their ordered quantity and to avoid causing a surplus supply on the market that will devalue a product. Stockists are provided a 48 hour cancellation window to remove a product or amend a unit order quantity after the day that their order was placed, any orders cancelled after this 48 hour window will not be recognized.

Any cancellation outside the 48 hour window will result in the stockist being charged a $50.00(exc GST) cancellation fee and the stockist may be refused entry into the dealer site, Exclusive Collectables reserves the right to seize trading with its stockist at its own discretion if we believe that the stockist is continually cancelling orders in the 48 hour window or out of the 48 hour window.

Decreases in order quantity will only be recognized with in the 48 hour window, decreases in the order quantity after the 48 hour window may affect production or order quantities placed by Exclusive Collectables, the stockist acknowledges that Exclusive Collectables will be manufacturing or purchasing product according to the stockist's order and any cancellations outside the window may incur a loss to Exclusive Collectables and the stockist accepts full liability for our loss including our legal costs in the event that legal aid is required.

4.4 Proforma Payment

Exclusive Collectables generates a proforma based on orders placed by the stockist and will email, or fax a proforma over to the stockist for payment to be made within 7 days from the date that the proforma is generated, if payment is not made within the 7 day payment window the stock will be returned to inventory and may become allocated to another stockist, in the event that it may incur a loss to Exclusive Collectables the stockist accepts full liability for our loss including our legal costs in the event that legal aid is required.

4.5 Methods of Ordering

  • a) These terms and conditions apply when ordering in any method
  • b) All orders must be made in writing
  • c) When ordering outside of the site the stockist must have the following details on the order:
  • Stockist Name
  • Store Location
  • Phone Number
  • Fax Number
  • Contact Name

4.6 Minimum Order Value

All orders must be no less than the minimum order value of $250.00 EXC GST

•5.     Freight & Delivery

•a)     goods will be delivered by a freight company selected by Exclusive Collectables

  • b) freight charges will be payable to Exclusive Collectables by the stockist
  • c) in the event that Exclusive Collectables requests the stockist to organize their own freight the stockist will do so.

•6.     Insurance

Unless otherwise agreed in writing Goods are not insured in transit. If the Purchaser requires cover to be effected on their behalf full details must be supplied with the other and all resulting charges will be to the Purchaser's account.

  • a) the insurance amount will be determined by Exclusive Collectables upon the request of insurance
  • b) in the event that insurance is requested the insurance must be paid prior to dispatch of goods

•7.     Conditions of Supply

Exclusive Collectables will only supply products to its stockists on the following conditions,

  • 1. That the stockist is purchasing to supply its collectors on a retail level ( a quantity less than the full carton volume)
  • 2. That all products purchased from Exclusive Collectables will be sold through the stockists approved outlet which is the address listed in the stockist's details section.
  • 3. That the stockist will only retail products purchased from Exclusive Collectables and not wholesale to other stockist's or retailers.
  • 4. That the stockist will not market products purchased from Exclusive Collectables online without written approval from Exclusive Collectables

•8.     Refusal of Supply

Exclusive Collectables reserves the right to refuse supply to its stockists at any time for any reason relating to the conditions of supply or the circumstances provided below.

  • 1. Overdue Proforma Payment
  • 2. Unprofessional display of products supplied by Exclusive Collectables
  • 3. Not promoting products supplied by Exclusive Collectables in the products best interest
  • 4. Cancellation of an order placed outside the cancellation window

•9.     Downloading Content from the Site

Exclusive Collectables will allow its stockist to use its download facilities for the following reasons

10.1 Downloading Order Forms

The stockist will only download order forms from Exclusive Collectables to place an order and will not pass the order form on to another retailer, supplier, distributor or any other party for any reason.

10.2 Downloading Logo's

The stockist will only download logos for promotional purposes and will not edit them in any way for any reason.

10.3 Downloading Promotional Material

The stockist will only download promotional material for in store product promotional and will not edit in any way for any reason.

•10.   Official Stockist Notice to Collectors

The stockist agrees to display an "official stockist" notice provided by Exclusive Collectable in the retail store next to the teller area or Exclusive Collectables product display at all times, in the event that a notice is not displayed Exclusive Collectables reserves the right to display a notice in one of the two areas mentioned above with the assistance of the stockist.

•11.   Restriction of Access to the Site

Access to the site is restricted to the stockist's buyer and no other employee of the stockists business, in the event that a stockist provides their username and password to a third party will have their access removed and not reinstated to the stockist at anytime and the stockist's supply will be terminated and "official stockist" status will be removed.

•12.   Credits Claims and Damaged Goods

  • a) Goods may only be returned if the product is physically damaged
  • b) Exclusive Collectables reserves the right to exchange goods
  • c) Exclusive Collectables reserves the right to issue a credit note to the stockist for the value of the damaged goods if the goods are not replaceable.

•13.   GST

Goods and Services Tax (GST) will be shown separately in the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of Goods is payable by the purchaser. The Purchaser must indemnify the seller in respect of the GST paid and payable by the Seller for the supply of the Goods.

Account Customers additional Terms & Conditions

All account customers will be bound by the additional terms and conditions that they have agreed and signed on their account application forms