Terms & Conditions

Terms and Conditions

Free Delivery

Free delivery is available in Queensland for the following delivery locations:

•  Toowoomba Metropolitan on orders over $110 AUD (excl. GST)
•  Brisbane Metropolitan on orders over $150 AUD (excl. GST)
•  Yatala Region, Warwick, Gatton, Lockyer Valley on orders over $180 AUD (excl. GST)
•  Esk, Kilcoy and Woodford regions on orders over $180 AUD (excl. GST)
•  Gold Coast, Goondiwindi, Chinchilla, Miles Roma & St. George on orders over $280 AUD (excl. GST)
•  New England Hwy Yarraman to Wondai & Yatala region on orders over $350 AUD (excl. GST)
•  Dalby, Millmerran and New England Hwy Highfields to Wondai on orders over $380 AUD (excl. GST)
•  Boonah and Beadesert regions on orders over $380 AUD (excl. GST)

A standard small order handling fee of $25+GST will be applied to orders under the minimum order value.

 

Online Terms

This agreement is a contract between the customer (you) and R J Sanderson Pty Ltd ATF Sanderson Family Trust T/A Executive Distributors, 14-16 Croft Crescent, 7SD Business Park, Toowoomba, QLD, 4352. These terms apply to the ordering, purchase and delivery of Goods from exd.net.au and form a contract between you and Executive Distributors as amended from time to time.

These Terms contain important information about the ordering, processing and delivery of Goods, including limitations of liability.

Other important terms may also apply to your Order, such as the Executive Distributors Returns Policy and Rewards Program Terms of Use, or specific terms for certain Goods as identified in the product description field on the Website (e.g. Supplier Direct Terms).

If you have any questions, please contact our Customer Service Centre on 07 4613 4455 and we will be happy to assist you.

1. Definitions

The following definitions apply to these Terms.

Big & Bulky Goods and Hazardous Goods are large or dangerous goods where extra handling and additional resources are required for delivery (i.e. a two man truck). Additional Delivery Fees and requirements may apply. To check whether Goods you are ordering are affected, contact our Customer Service team on 07 4613 4455.

Business Day means a week day in which trading banks are open for the transaction of banking business in Brisbane, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on your Order.

Delivery Agent means a nominated third party delivery or shipping company for Executive Distributors.

Delivery Fee means the fee charged by the Delivery Agent for the delivery of Goods under clause 8.

Goods means the items offered for sale described or displayed on the Website.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Order means a request by you to purchase Goods from Executive Distributors under these Terms.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (including GST).

Privacy Policy means the Executive Distributors Privacy Policy found on the Website.

Restricted Goods means Goods subject to restrictions in particular jurisdictions, including Goods which may not be sold to minors (such as knives).

Returns Policy means the Executive Distributors Returns Policy found on the Website.

Special Delivery means delivery of Goods that cannot be delivered by Standard Delivery such as Big and Bulky items such as furniture, and Hazardous Goods such as chemicals.

Website means the sites available from http//www.executivedistributors.com.au  

Website Terms means the terms governing your use of the Website, in addition to these Terms.

We, Us, Our, Executive and Executive Distributors means R J Sanderson Pty Ltd ATF Sanderson Family Trust T/A Executive Distributors.

You and Your means you as the purchaser of Goods from Executive pursuant to these Terms.

2. Compliance with Terms and Conditions

2.1 You will be bound by these Terms when you submit an Order via the Website.  Each Order you place will be a separate contract between you and Executive for the supply of Goods, under these Terms.

3. Placing Orders for Goods

3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.

3.2 Quantity restrictions may apply from time to time, and these will be stated on the relevant product page, or in materials concerning the relevant promotion.

3.3 In completing the Order form, you agree to provide complete and accurate personal details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.

3.4 Executive will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.

3.5 You also agree to obtain consent to provide Executive with personal details of recipients of gifts Ordered by you.

3.6 You may Order from Executive if you are aged 16 years or over, have an active email account and a telephone number at which you can be contacted.

3.8 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order - see clause 8.  Subject to clause 3.2, you can order as many Goods as you wish in one Order up to the total Order value of $10,000 (including GST).

3.9 You will be provided with an Order number when you submit your Order. The Order number is required when contacting our Customer Service Centre about your Order.

4. Acceptance and rejection of Orders

4.1 Executive reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it constitutes an agreement by Executive to supply the Goods under these Terms.

4.3 If we reject an Order, we will notify you of the reason for rejection via email within 5 Business Days.

4.4 Executive will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.5 If we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order under clause 7.

4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and notify you of that rejection via phone or email within 5 Business Days.

5. Availability of Goods

5.1. From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order.  If this happens, Executive will use reasonable endeavours to either:

(a) source the Goods; or

(b) contact you within 5 Business Days to either:

(i) arrange a full or partial refund; or

(ii) change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you; or

(iii) come to an alternative arrangement.

Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the Goods under clause 7.

5.2. We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Executive will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular Good.

5.3. Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us under clause 7. 

5.4. Executive reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (for example, in a description, an image, Price or otherwise), we will reject that part of the Order affected by the error. You will be refunded the value of that part of your Order affected by the error, under clause 7, and Executive will fulfil the remainder of your Order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

5.5 You acknowledge and agree that:

     (a) all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;

     (b) you have read any written description of the Goods on the Website before submitting your Order;

     (c) the colour of Goods as shown on the Website may vary slightly in real life; and

     (d) where we provide dimensions and measurements in the descriptions of a Good, it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Good);

6. Price and payment

6.1 The Price in respect of a Good is specified on the Website.

6.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, exclusive of goods and services tax (GST).  Any fees and charges (e.g. Delivery Fees) imposed by these Terms are also exclusive of GST where applicable.

6.3 Executive reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).

6.4 For each Order, we will charge you and you agree to pay:

     (a) the Price (which is the Price at the time the Order is submitted); and

     (b) the Delivery Fee.

6.5 You can pay for your Goods by any of the methods specified on the Order form on the Website, including credit card and Pay Pal. When paying by credit card, you authorise Executive Distributors to place a hold up to the value of your Order on your card. Payment is only debited from your card at the time your Order is ready for collection by yourself or a Delivery Agent used by Executive Distributors.  The name on the credit card used for the payment must match the name on the Order.

6.8 Any payment for an Order must be cleared by Executive before Goods are despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem or use an alternative payment method in order to continue with your Order.

6.9 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.10 You will receive an Order confirmation by email once payment has been processed.

6.11 Where an Order is split under clause 8.12, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees under clause 8.12.

7. Refunds

7.1 If Executive processes a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Executive is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

7.2 It is a condition of Visa, MasterCard, Maestro and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Executive is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.

8. Delivery

8.1 Executive uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.

Delivery Areas

8.3 Subject to clauses 8.4 and 8.5, delivery is available within Australia in our pre-defined delivery areas for all Goods. For information about the pre-defined delivery areas, please ask for the copy of the postcodes that Executive delivers to.

8.4 For Big and Bulky Goods, delivery may be limited to metropolitan regions within Toowoomba, Adelaide, Brisbane, Melbourne and Sydney, unless otherwise agreed between Executive and you and confirmed in writing. Check the current list of postcodes that Executive delivers to.

8.5 Where the Delivery Address is outside of metropolitan regions, we encourage you to call our Customer Service Centre on 4613 4455 to confirm delivery availability and to provide you with a delivery quote before you submit your Order. If an Order is submitted, but the Delivery Address is not within metropolitan regions, we will contact you to provide you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will refund any money paid to us under clause 7.

Delivery Fees

8.6 The Delivery Fees for Executive Orders are:    

(a) Standard Delivery Fee:

For Delivery within the Brisbane and Toowoomba Metropolitan area, Free Standard Delivery applies on orders with a total purchase price of $80 plus GST and over (except for Goods that require Special Delivery).  Standard delivery fee of $9.95 applies to all orders with a total purchase price of under $80 plus GST in these areas.

For Delivery within Warwick, Gatton and the Lockyer Valley area, Free Standard Delivery applies on orders with a total purchase price of $100 plus GST and over (except for Goods which require Special Delivery).  Standard delivery fee of $9.95 applies to all orders with a total purchase price of under $100 plus GST in these areas.

For Delivery to Dalby, Millmerran and Goondiwindi Free Standard Delivery applies on orders with a total purchase price of $150 plus GST and over (except for Goods which require Special Delivery).  Standard delivery fee of $9.95 applies to all orders with a total purchase price of under $150 plus GST in these areas.

For Delivery in all other areas not listed above please contact our Customer Service Team.  Executive Distributors will at its own discretion issue a quotation for Delivery upon receipt of the online order.

Residential Deliveries – Please note that a $25+GST Residential Delivery Surcharge will apply in addition to the freight charge if the delivery location is not a commercial address.

(b) Special Delivery Fee for certain Goods:

          (ii) Each Big and Bulky Good or Hazardous Good delivered within metropolitan regions under clause 8.4. will normally cost $110 unless quoted otherwise or the item is purchased on a promotion. Delivery Fees outside of the areas listed above may vary.

          (iii) Supplier Direct: Delivery Fees for Goods that are supplied direct from an Executive supplier (Supplier Direct) may differ from those set out above.

8.7 Where you purchase multiple Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), you will be required to pay both Delivery Fees, and you authorise Executive to make such deductions from your nominated method of payment. If you also purchase a Supplier Direct product, a further Delivery Fee will apply.

8.7We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 7.

Delivery Times

8.9 Subject to clause 8.10. Executive aims to achieve the delivery time frames set out below, provided the goods are in stock.

     (a) all Standard Fee and Special Delivery Fee Goods (excluding Big and Bulky Goods):

          (i) Australia wide (including capital cities and suburbs, and most regional areas): 4-10 Business Days; and

          (ii) Regional Western Australia, Tasmania and Northern Territory: 7-14 Business Days;

     (b) Big & Bulky Goods - 7-14 Business Days, on a date agreed by you and Executive.

Selected Big and Bulky items may be collected at a nominated date within one month of date of your Order.

Selected Big and Bulky items may be classified as special order from suppliers and may take longer to be ready for delivery.  This will be noted on the Website.

We cannot guarantee that Orders that are split under clause 8.12 will be delivered on the same day.

8.10 Notwithstanding the delivery times in clause 8.9:

(a) Executive cannot guarantee that delivery will occur in the delivery time frames; and

(b) Executive is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

8.11 During major sales events or at certain times of the year, Orders may experience delivery delays. Executive may attempt to contact you to provide you with notification of any delays.

General terms for delivery

8.12 Delivery of Goods will take place at the Delivery Address specified by you in the Order. If available on products in your cart, you may split your delivery and deliver selected parts of your order to different addresses. You may choose this option in the Order process. Separate Delivery Fees will be charged for each address to which Goods are delivered.

**Please note that a $25+GST Residential Delivery Surcharge will apply in addition to the freight charge if the delivery location is not a commercial address.**

8.13 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place. Subject to clause 8.14, the representative must be over 16 years of age and capable of receiving delivery on your behalf.  You agree that we will be entitled to rely on your representative's instructions as if they were your own.

8.14 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as photo ID or proof of age (for delivery of Restricted Goods). Executive may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age.

8.15 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by calling our Customer Service Centre on 07 4613 4455 after placing your Order. This includes, without limitation:

     (a) restricted access or parking for our truck;

     (b) restricted or limited access to the premises; or

     (c) for Big and Bulky Goods, if you have narrow doors, spiral staircase or tight corners.

8.16 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery or for any other reason delivery cannot take place, a calling card will be left for you to collect the Goods (except Big and Bulky Goods) from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

8.17 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay additional Delivery Fees.

8.18 Where you do not collect your Goods (excluding Big and Bulky Goods) from the Australia Post office within 10 days of a failed delivery, you must call our Customer Service Centre on 074613 4455 for further information about claiming your Order. If Goods are required to be redelivered, you may be required to pay additional Delivery Fees.

8.19 Once delivered, you must inspect and test the Goods and ensure the Goods delivered match your Order.  You must let us know about any damaged, missing and incorrect Goods as soon as possible by contacting our Customer Service team on 0746 134 455. You can otherwise return Goods under clause 12. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract another Delivery Fee.

8.20 By contacting the Customer Service Centre, Orders that have not yet been dispatched may be able to be modified so you can instead collect the Goods from our warehouse.

8.21 Insurance and express delivery are not available.

Big and Bulky Delivery Terms

8.22 For Big and Bulky Goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Executive’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required because you were not available at the agreed time, you consent to paying additional Delivery Fees as required by the Delivery Agent.

8.23 Some Big and Bulky Goods may require assembly. The Delivery Agents are not required to unpack, assemble or construct Goods as part of the delivery service. Assembly of the Goods is your responsibility and at your expense.

9. Supplier Direct Terms

9.1 Some Goods are supplied to you direct from our suppliers. These Goods may be identified as such on the Website and different terms may apply to the delivery of those Goods. You should read any additional terms and any further information supplied to you, including on the product page for the Goods on the Website, carefully before you purchase these Goods. For the avoidance of doubt, these Terms and Conditions will continue to apply to your purchase. To the extent of any inconsistency between these Terms and Supplier Direct Terms, please clarify with the customer service team which terms will prevail.

9.2 Supplier Direct Goods are delivered separately to any other Goods in an order and may incur an additional Delivery Fee as specified on the Website.

10. Restricted Goods

10.1 You agree that in ordering Goods that are or contain Restricted Goods, that:

     (a) you are aged 18 years or over;

     (b) you acknowledge that it is against the Law to sell or supply the Restricted Goods to, or obtain the Restricted Goods on behalf of, a person under the age of 18 years; and

     (c) you warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.

10.2 Where Executive has reasonable grounds for believing you have breached clause 10.1, Executive may reject your Order under clause 4.1. We will refund any money paid to us in respect of your Order under clause 7.

11. Risk and title

11.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent, providing the goods have been paid for in full.

12. Order cancellations and Returns

12.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address.  You should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods under the Returns Policy 

Delivery Fees and any wrapping charges will not be refunded if you return Goods for change of mind or incorrect size.

12.2 Goods can only be returned under these Terms (in particular, this clause 12) and under the Returns Policy. The Returns Policy forms a part of these Terms.

12.3 The following terms apply in addition to the Returns Policy for purchases from Executive:

     (a) Food products purchased from Executive will not be refunded or exchanged, unless required by Law.

     (b) Big and Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please call the Customer Service Centre on 07 4613 4455 if the product is faulty so that pickup can be arranged.

13. Product Recalls

13.1 Where a Good is subject to a product recall, a notice will be posted in the News section of the Website. You can return recalled Goods to our warehouse.

13.2 You consent to us contacting you, using the personal information provided on your Order, to notify you of a product recall either by telephone, email or post.

14. Rewards Program

14.1 Executive Rewards Program Members will receive Shopping Credits for purchases from the Website under the Executive Rewards Program Terms.

14.3 For more information about the Executive Rewards Program or to join, please visit our website at executiverewards.com.au.

15. Promotions and Discounts

15.1 The Goods, Prices, and promotions that are offered on the Website may not correspond to those in our warehouse.

15.3 You may receive online offers and promotions, whether mailed to you, distributed in our warehouse or emailed to you, which include a promotional or coupon code (Code) for use when shopping online. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order.  Separate terms may apply to the use of the Code. Please read these carefully to make sure they apply to your purchase from Executive. Any Code is non-transferable and may not be used in conjunction with other offers.

15.4 Certain offers, including cashback and bonus redemptions may involve sending a cashback form to the supplier and are subject to additional terms (as specified with the offer). You should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. Cashback and bonus redemption offers may exclude postage and handling costs and any other costs incurred as a result of redeeming the cashback and bonus.

15.5 All references to times in promotions are based on the local time in Brisbane, Australia unless stated otherwise.

17. Privacy

17.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order under Executive’s Privacy Policy.  See Executive Distributors Privacy Policy for further information on how to access or update any records of Personal Information.

18. Website Terms

18.1 These terms apply to all of executive’s websites.

19. Warranties you make to Executive Distributors

19.1 You represent and warrant to Executive that Executive will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

19.2 Subject to any rights you have under any consumer protection law, Executive excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.

19.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

20. Termination

20.1 Executive reserves the right to, at its discretion, terminate the agreement for the supply of Goods to you and your use of the Website:

     (a) for convenience, at any time, upon provision of notice to you;

     (b) immediately if Executive reasonably believes that you have breached these Terms and:

          (i)  that breach is not capable of remedy; or

          (ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

21 General

21.1 Executive reserves the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at the time of Order are those that govern your relationship with Executive with respect to that Order.

21.2 Executive may give notice to you by electronic mail. You may give notice to Executive by electronic mail to our Customer Service Centre on sales@exd.net.au.

21.3 Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.

21.4 A failure or delay by Executive to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Executive does not preclude its future exercise or the exercise of any power or right.

21.5 A reference to a clause is a reference to a clause of these Terms.

21.6 The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in Toowoomba, Queensland, Australia.