Terms of Use

Made in Australia

www.madeinaustralia.com.au’s Services allow people to sell and buy goods in an online marketplace.  These are the Terms of Use of this website, including a definition of what we mean when we say an item is “Made in Australia.”

Accepting these Terms

The Terms are governed by the laws of Australia, and in particular, Australian Consumer Law,  and these laws will apply no matter where in the world you live.  The Terms are a legally binding contract between you and the owners of www.madeinaustralia.com.au.  This contract sets out your rights and responsibilities when you use our Services. By using any of our Services, you’re agreeing to these Terms. If you don’t agree with the Terms, you may not use our Services.

Your Privacy

No personal information is passed on to any third party.  We only store information necessary to provide our Services.  Any personal information we collect in the course of providing our Services is stored in a highly secure environment.  No credit card or bank account information is either captured or stored.

Your Account with www.madeinaustralia.com.au

You’ll need to create an account with www.madeinaustralia.com.au to sell through our website.

  1. You may only use our Services if you are 18 or older, or under the supervision of a parent or legal guardian.
  2. You must provide accurate information about yourself, or your business.
  3. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. You guarantee that you have the authority to agree to the Terms.  Your accounts are not transferable.
  4. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and the owners of www.madeinaustralia.com.au.

Fees

It is free to open a shop and list items on www.madeinaustralia.com.au.  You will be charged a simple flat fee on sales of $1.90.  If this fee changes and you will be notified before they occur.  All fees are in Australian dollars.  If you are registered for GST, you are responsible for listing GST charges on any Tax Invoice sent to your customers as well as any tax obligations you may have in this regard.  Prices listed in your store will not specify GST so you need to take this into account when you list your prices for items and when you make a sale.

Goods and Services Tax (GST)

If your business is registered for GST, you should provide the purchaser with a Tax Invoice. If you are not registered for GST you must not charge GST on your sales and you should send the purchaser an Invoice.  If the buyer lives outside of Australia, you should also not charge any GST, even if you are registered for GST.  You must also hold a valid ABN.  GST obligations are your responsibility.

Australian Business Number (ABN)

You do not need an ABN to sell through our marketplace.  Obtaining an ABN in Australia is FREE of charge.  To apply for an ABN, go to https://abr.gov.au/.

You may also use a paid service to apply for an ABN.  If the annual turnover from your business is more than $75,000 you must register for GST.  If your annual turnover is less than $75,000, you may register for GST voluntarily.

Getting Paid

Once a buyer has made a purchase, the commission will be automatically deducted when the buyer’s payments are processed and you are sent the balance of the total sale amount (a processing fee will be deducted depending upon the payment gateway used. Processing fees are set by the relevant payment gateway provider)  You will need a PayPal account AND/OR a Stripe account to receive payments.  If you do not have a PayPal account you can set one up here www.paypal.com.au. You will be asked for a Paypal account email address upon sign-up. You will also be asked to connect to Stripe to receive payments via their payment gateway when you are setting up your shop. Information on Stripe can be found here. Stripe is our preferred payment method.

Your Content

Content that you post using our Services is your content including usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.

There may be instances when your listing doesn’t appear in search results until several hours after you’ve created it.

You agree that you will not upload content that is:

  1. Abusive, threatening, defamatory, or harassing;
  2. Obscene or vulgar;
  3. In violation of anyone’s privacy or intellectual property rights; or
  4. False, deceptive, misleading, or fraudulent.

Items Listed for Sale

You are responsible for ensuring that any product posted for sale on this website is in compliance with all applicable laws and regulations.  Under Australian Consumer Law (ACL), listed items must be of acceptable quality, that is:

  • safe, lasting, with no faults
  • look acceptable
  • do all the things someone would normally expect them to do.

Acceptable quality takes into account what would normally be expected for the type of product and cost.

Products must also:

  • match descriptions made by the seller in photographs, on packaging and labels, and in promotions or advertising
  • be fit for the purpose, and for any purpose that you made known to the seller before purchasing
  • come with full title and ownership
  • not carry any hidden debts or extra charges
  • come with undisturbed possession, so no one has a right to take the goods away or prevent the purchaser from using them
  • meet any extra promises made about performance, condition and quality, or anything else such as life time guarantees and money back offers
  • have spare parts and repair facilities available for a reasonable time after purchase, unless otherwise stated.

 

Exceptions to guarantees

Consumer guarantees do not apply if you:

  • got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase, or had no use for it
  • misused a product in any way that caused the problem
  • knew of, or were made aware of the faults before you bought the product

 

What may be sold through our website.

Made in Australia

Everything listed on www.madeinaustralia.com.au MUST be Made in Australia. Any country of origin claim should provide consumers with clear, accurate and truthful information about what they are buying.  ‘Made in’ claims relate to the production of an item rather than its content. This means that a product ‘Made in Australia’ could contain components, materials, or ingredients from other countries.

Under Australian Consumer Law (ACL), to claim that your product is ‘Made in Australia’…

You must be able to establish the following:

  • the goods must be substantially transformed in Australia and
  • 50 per cent (50%) or more of the total cost of production or manufacture of the goods must have occurred in Australia.

If goods pass both of these criteria, the manufacturer (or distributor or retailer) may make a claim that the goods are Made in Australia and that this claim will not attract liability under the key provisions for false, misleading or deceptive conduct.

Examples

For a business making furniture, if you import the materials for the frame, but the building of the frame, cutting and sewing of the fabric and all finishing work is done in Australia, you can claim that a lounge is Made in Australia as the product has undergone substantial transformation in Australia.

What matters is the claim being made about the end product and ultimately, whether that claim might mislead or deceive consumers.  The more information about your products you provide, the better.

For more information, visit https://www.accc.gov.au/consumers/groceries/country-of-origin.

Transparency

“Transparency” means that you honestly and accurately represent yourself, your items, and your business. The www.madeinaustralia.com.au marketplace is built on trust, and buyers come to www.madeinaustralia.com.au to connect with you and your shop.

Providing false, inaccurate, or misleading information in your application or listings may lead to the suspension of your account privileges. We reserve the right to reject any application or listing that is not in the spirit of www.madeinaustralia.com.au‘s policies, vision, or mission.

Prohibited Items

There are certain items we do not allow you to list.  If we feel you’ve put up a prohibited item, or an item that contravenes ACL, we’ll ask you to take it down, or take it down ourselves.  You are not permitted to list the following on www.madeinaustralia.com.au.

  • Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
  • Dangerous Items: Hazardous Materials, Recalled Items, or Weapons
  • Hate Items: Items that promote, support or glorify hatred
  • Illegal Items, Items promoting illegal activity or highly regulated items
  • Internationally regulated items
  • Pornography and related content
  • Violent Items: Items that promote, support or glorify violence
  • Alcohol

As a seller on www.madeinaustralia.com.au, you represent that you have all necessary rights to any designs, trademarks, copyrights, or other intellectual property for the items over which you may be claiming to have these rights.  For everyone, you agree not to produce any copy or likeness of any of the items on www.madeinaustralia.com.au without the express, written permission of the person or business involved.

We make no representations concerning any content posted by users through the use of our Services.  www.madeinaustralia.com.au is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users.  You release us from all liability relating to that content.

By posting Your Content through our Services, you grant www.madeinaustralia.com.au a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help www.madeinaustralia.com.au provide its Services.

By posting Your Content, you grant www.madeinaustralia.com.au a non-exclusive, worldwide, royalty-free license to use, display, edit, modify, reproduce, distribute, and store Your Content to provide the Services and to promote www.madeinaustralia.com.au, your www.madeinaustralia.com.au shop, or the Services in general, in any formats and through any channels, including across any www.madeinaustralia.com.au Services or third-party websites or advertising medium.

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

  • You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. You agree not to commit fraud, theft or any other crimes against www.madeinaustralia.com.au, another www.madeinaustralia.com.au user or any third party.
  • You are responsible for paying any and all fees that you owe to www.madeinaustralia.com.au (if applicable). You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  • You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • By using our Services, you’re agreeing that we can send you information electronically (by email, etc.) and that your electronic agreement is the same as your signature on paper.

Termination

You may terminate your account with www.madeinaustralia.com.au at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You remain responsible for any outstanding amounts owing (if applicable).

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. You don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. www.madeinaustralia.com.au may refuse service to anyone, at any time, for any reason.

If you or www.madeinaustralia.com.au terminate your account, you may lose any information associated with your account, including Your Content.

www.madeinaustralia.com.au reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

You understand that www.madeinaustralia.com.au does not manufacture, store or inspect any of the items sold through our Services. Items in our marketplace are produced and sold directly by independent sellers, so www.madeinaustralia.com.au cannot and does not make any warranties about their quality, safety or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You hereby release the owners of www.madeinaustralia.com.au from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (such as product liability claims).

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.

Our Services may contain links to third-party websites or Services that we don’t own or control (for example, links to Facebook, Twitter, Pinterest, PayPal, Stripe). The third parties may require you to accept their own Terms of Use. www.madeinaustralia.com.au is not a party to those agreements; they are solely between you and the third party.

You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We make no claim to any warranties of title, non-infringement, merchantability and fitness for a particular purpose.

Liability Limits. To the fullest extent permitted by law, neither www.madeinaustralia.com.au, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. While we do our best to ensure the integrity of our Services, we cannot guarantee that: (i) the Services will be secure or available at all times or locations; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk.

Disputes with Other Users

If you find yourself in a dispute with another user of www.madeinaustralia.com.au’s Services, we encourage you to contact the other party and try to resolve the dispute amicably.  While www.madeinaustralia.com.au has no obligation to resolve any disputes, we will, however, and at our sole discretion, attempt to help you resolve disputes in good faith, to the best of our ability, and in line with these Terms and Conditions.  You agree to release www.madeinaustralia.com.au from any claims, demands and damages arising out of disputes with other users or parties.

Refunds, Returns

www.madeinaustralia.com.au is a venue made up of independent sellers. This means that each seller is responsible for their own policies regarding refunds, exchanges, and returns. Individual policies will vary from seller to seller. You may be covered by third party policies regarding refunds such as those by PayPal.  It is your responsibility to ensure you are aware of any refund and return options involved in your transactions over this website.  We try to ensure that every seller is a legitimate seller and we will do our best to ascertain the veracity of sellers before we allow them to list online.  This could be through obtaining a valid Australian Business Number (ABN) or other forms of identification, such as addresses and phone numbers.

Before purchasing, it is best to locate and get familiar with individual seller’s Returns & Exchanges policies, if any.

As a seller on www.madeinaustralia.com.au, you’re expected to clearly state your policies regarding returns and refunds. This includes:

  • whether or not you accept returns, and the conditions under which you are willing to accept returns.
  • the time frame in which you may accept a return
  • who will pay for the cost of return shipping for any items that are sent back to you.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will notify you by doing one (or more) of the following: (i) posting the changes through the Services or (ii) sending you an email or message about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and www.madeinaustralia.com.au regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

Contact Information

If you have any questions about the Terms, please email us at:  info@madeinaustralia.com.au