Terms & Conditions
These terms and conditions are the contract
between you an iwantstuff.com.au (“us”,”we”, etc). By visiting or using Our Website, you agree to be bound by them.
iwantstuff.com.au (IWS as abbreviated in text and copy) – a trade name of Wowwee Enterprises Pty Ltd, (ABN 67 628 420 315),
whose is at 1002 / 2214 Gold Coast Highway, Mermaid Waters, 4218, Queensland.
means the textual, visual or
audio content that is encountered as part of your experience on Our Website.
It may include, among other things: text, images, sounds, videos and
animations. It includes content such as advertising material, and all other
product or service related material Posted by you.
means any website of ours, and
includes all web pages controlled by us.
means place on or into Our
Website any Content or material of any sort by any means.
means any item offered for
sale by you on Our Website, whether physical goods or downloads.
means all of the services
available from Our Website, whether free or charged.
The relationship between us is
in consideration of a fee
charged by us, we provide for you an Internet market place as an arm’s length
we act as your agent solely in
the collection of money paid by your buyer.
we are not partners or joint
If you place a Product for sale
on Our Website, you do so subject to these terms.
When you place a Product on Our
Website, you will be bound to provide all the information required by the Competition
and Consumer Act 2010.
Although we are not a party to
your contract with a buyer introduced to you via Our Website, we shall remove
your Products from offer if a customer or Our Website visitor has a valid
complaint against you.
We may change this agreement in
any way at any time. The version applicable to your contract is the version
which was Posted on Our Website at the time that the contract was made.
Subject to this agreement and
to the procedures set out on Our Website, you may enter a Product for sale
through Our Website.
Your Product placement
You agree that you will:
not place any Product for sale
which is not of merchantable quality or which requires for its setup or use a
level of technical expertise which is not fully explained to a customer before
immediately to remove from sale
on Our Website any Product which for any reason, you are unable to supply.
not re-place any Product we
remove from offer for sale.
Deliveries of hard copy and
physical Products will be made from your premises, by post or by a carrier
instructed by you subject to the contract between you and your customer.
You will notify both the
customer and IWS by email on the
date of sending, that the Product has been despatched and of the expected
If at any time, any customer
notifies you of non-delivery within the time scale offered by you on Our
Website, you will investigate immediately and tell the customer that you are
doing so, what you are doing, and when you expect to be able to deliver the Product.
In the absence of information
to the contrary, you agree to despatch a Product within  days of notification of order by us, by a method likely
to reach the buyer within a further seven days.
If it is apparent that a
customer has not received a Product within  days of the expected delivery
date, you will refund money paid, including any delivery charge. This is a
condition of your contract with us because our reputation, as well as yours, is
at stake in those circumstances.
You agree that you will at all
reply promptly and in any event
within  hours to any customer message or other correspondence;
comply with the law relating to
all aspects of the contract between you and your customer, relating in
particular to your obligations to provide full information and accept
cancellation and returns. However, you may also offer more favourable terms to
your customers as per your own returns and refunds policy set out on your
website or otherwise in your terms and conditions.
when you have an obligation to
return money to a customer for any reason, you will do so immediately, as
provided by the returns & refunds policy set out on Our Website;
in the event that a Product ordered
is not available, you will immediately tell your customer and refund any money
comply with the IWS procedures relating to satisfaction of an
order, Products returned and payment, as set out on Our Website from time to
provide information to us in
respect of any claim for non-delivery and any dispute as to payment, so as to
enable us to identify the possibility of fraud.
The selling procedure
IWS is not responsible for the fulfilment of your contract to sell a
Your contract with a buyer
through Our Website is made when you acknowledge the order or despatch the
Product. Until that time, the customer’s action is an “invitation to
treat”. We have arranged our terms with buyers in that way so as to give
you the opportunity to decline a buyer or provide the full information required
by the Competition and Consumer Act 2010.
You agree that a contract to
sell a Product offered by you is a firm and binding contract as soon as your
customer’s payment has been accepted by our payment service provider.
Subject to discounts and
promotions, Products are offered for sale at a fixed price. GST may be due and
will be either included in the price or shown separately. If not shown, it will
not be charged.
All Products may be subject to
a delivery charge which will be shown at the pay point. The delivery charge
will be fixed by you for each item offered for sale. It may be changed at your
discretion. Once you have sold a Product, the delivery charge offered by you at
the time of purchase cannot be increased.
Products will be offered for
sale and sales made, subject to the terms and conditions applicable to buyers.
You accept and endorse these terms and agree to comply in all respects with the
corresponding obligations of a seller. You may view the buyer’s conditions on
Our Website at any time.
We shall send you a message by
email at the time of each sale, providing full information about that sale.
You agree to provide an
adequate stock of any Product placed by you for sale through Our Website and to
tell us, through your control panel, if at any time your supply is low or nearly exhausted.
Goods and services tax
Fees and commissions specified
on Our Website are exclusive of GST.
We will show and retain the amount of GST due on our charge for our services in
addition to the amount of commission due to us.
IWS has the right to demand additional information about your business
so far as it may affect your GST registration, at any time, from you or from a
Our commission and payment to you
We sell your Product at the
price you place on it, subject to these terms and also the requirements we set
out on Our Website from time to time.
Our fees and commissions are
payable on demand. You irrevocably authorise us to deduct them from sums paid
to us by your buyer.
Our Website selling system is
an automated system which can be followed by you through a “control
The proportion of each sale
receipt retained by us is as agreed by us in writing.
The proportion of each sale
receipt retained by us is as set out elsewhere on Our Website.
Where our commission is based
on a percentage of the sale price, you may not artificially inflate the
delivery charge and reduce the price of the Product in order to reduce our
commission. If we believe that you do so, we may immediately cease to deal with
We will pay you within 
days of confirmed despatch of order.
If you have a bank account
located in Australia, we will transfer money via the Internet, in full.
If you do not have an account
in Australia, we will transfer money in any sum at your request and at your
cost. We will pay for the transfer if the sum due is over the limit specified
from time to time on Our Website pages.
We will send you an invoice for
If we do or could earn interest
on any cash balance in our control for the period between payment by a customer
and our accounting to you, we are free to keep that interest and have no obligation
to account for it to you.
If an action by a buyer results
in a charge back to our account, you agree that we may deduct the sum charged
back together with any fee paid to our service provider and bank, from any sum
due to you, at or after that time.
If you or we accept any
cancellation and consequently refund money to a customer, we are not obliged to
repay commission to you.
If in our discretion we believe
that your performance as a seller results in a significant number of charges
back and / or buyer disputes or if we believe you are in breach of this
agreement, we are free to hold back payments to you until we are satisfied that
disputes have been settled and / or breach rectified.
Advertising your Product
If you accept our offer to
advertise market or promote your Product, the following conditions apply.
We may use the services of a
specialist Internet marketing business associated with IWS.
Without prior consent of the
other; neither we nor you will contract with any other person or company for
specialist services. Here your obligation is limited to the extent of the price
charged and due to us.
The price charged to you will
include all payments we make to others.
The cost of work ordered by you
is payable in full, in advance. If you so request us, by indication on Our
Website, we will deduct the cost from your account.
We give no guarantee as to the
success of any advertising placed.
We shall receive no secret
commission on advertising services. But note that the service supplier is associated
Your Product warranties
You warrant that any Product
you place on Our Website for sale:
is not: illegal, obscene,
abusive, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to any third party;
does not offend against the law
of any country whose citizens might purchase it;
is not intended primarily to
advertise any business, except your business.
You warrant that you own the
copyright of any Content you place on Our Website for sale, or that you have
the permission of the copyright owner:
to enter or upload that
to receive the net proceeds of
such sales as arise.
How we handle your Content
If you Post Content to any
public area of Our Website it becomes available in the public domain. We have
no control over who sees it or what anyone does with it.
[You now irrevocably authorise us to publish feedback, comments and ratings
about your Products, services and activity through Our Website, even though it
may be defamatory or critical].
We will use that licence only
for commercial purposes of the business of Our Website and will stop using it
after a commercially reasonable period of time.
Posting content of any sort
does not change your ownership of the copyright in it. We have no claim over it
and we will not protect your rights for you.
You understand that you are
personally responsible for your breach of someone else’s intellectual property
rights, defamation, or any law, which may occur as a result of any Content
having been Posted by you;
You accept all risk and
responsibility for determining whether any Content is in the public domain and
Notify us of any security
breach or unauthorised use of your account.
Restrictions on what you may Post to Our Website
We invite you to submit Post Content to Our Website for consideration before being posted live .
We reserve the right to regulate your use of Our Website to protect our business and our staff,
to protect other users of Our Website and to comply with the law.
You agree that you will not use or
allow anyone else to use Our Website to Post Content or undertake any activity
which is or may:
be unlawful, or tend to incite
another person to commit a crime;
be obscene, offensive,
threatening, violent, malicious or defamatory;
be sexually explicit or
be likely to deceive any person
or be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person;
use a Posting to solicit
responses unconnected with the purpose of Our Website or the terms proposed by
Your Posting: restricted content
In connection with the restrictions
set out below, we may refuse or edit or remove a Posting which does not comply
with these terms.
In addition to the restrictions set
out above, a Posting must not contain:
hyperlinks, other than those
specifically authorised by us, as explained on Our Website.
keywords or words repeated,
which are irrelevant to the Content Posted.
the name, logo or trademark of
any organisation other than yours.
inaccurate, false, or
Security of Our Website
If you violate Our Website we shall
take legal action against you.
You now agree that you will not,
and will not allow any other person to:
modify, copy, or cause damage
or unintended effect to any portion of Our Website, or any software used within
link to Our Website in any way
that would cause the appearance or presentation of Our Website to be different
from what would be seen by a user who accessed Our Website by typing the URL
into a standard browser;
download any part of Our
Website, without our express written consent;
collect or use any product
listings, descriptions, or prices;
collect or use any information
obtained from or about Our Website or the Content except as intended by this
aggregate, copy or duplicate in
any manner any of the Content or information available from Our Website, other
than as permitted by this agreement or as is reasonably necessary for your use
of the Services;
share with a third party any login
credentials to Our Website.
Copyright and other intellectual property rights
All content on Our Website, is
the property of either us or our affiliates or suppliers of products for sale.
It is all protected by international copyright laws.
You may not copy, modify,
publish, transmit, create derivative works from, or in any way exploit any of
the content, except as is expressly permitted in this agreement or with our
For the sake of good order you
should note that copyright exists in compilations and graphic images, shapes
and styles, as well as in raw text.
Interruption to the Service
We give no warranty that the
Service will be satisfactory to you.
We will do all we can to
maintain access to Our Website, but it may be necessary for us to suspend all
or part of our Service for repairs, maintenance or other good reasons. We may
do so without telling you first.
You acknowledge that our
Service may also be interrupted for reasons beyond our control.
You agree that we are not
liable to you for any loss whether foreseeable or not, arising as a result of
interruption to our Service.
We are not responsible for any
business loss (including loss of profits, revenue, contracts, anticipated
savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss whatever.
We are not liable in any
circumstances for damages resulting from loss of use, loss of data or loss of
revenues or profits, whether in an action of contract, negligence or otherwise,
arising out of or in connection with your use of Our Website.
Our Website and Services are
provided “as is”. As to Our Website and Services, we make no
representation or warranty of any kind, express or implied, including, without
as to fitness of Our Website
and Service for a particular purpose;
as to availability and
accessibility, without interruption, or without error;
any obligation, liability, or
remedy in tort whether or not arising from our negligence.
You now expressly release us
from any and all claims and liability known and unknown, arising in any way
from a dispute between you and a buyer.
Your indemnity to us
You agree to indemnify us against
all loss and expense, including legal fees and management time related in any
a claim by any person in
respect of any Product;
protecting the reputation of
our business by our making a payment to a customer of yours in circumstances
where you have failed to make that repayment or otherwise comply with your
contract with that customer.
any cost to us arising from a
decision by us to comply as your agent, with any obligation of yours, whether
or not we have your permission, arising out of any regulation or law,
the deletion or amendment of
any text or other content you have placed on Our Website;
any payment we make on an ex
gratia basis, arising from a contract between you and a buyer;
a claim or assessment or order
to pay tax based on any sum paid by us.
legal or other fees we incur in
defending a claim or the imposition of a fine or penalty;
our management time in dealing
with any failure or alleged failure by you to comply with any relevant
regulation or law.
You undertake to provide to us
your current land address, e-mail address and telephone number as often as they
are changed together with all information that we may require to enable us to
fulfil our obligations under this contract.
So far as any time, date or
period is mentioned in this agreement, time shall be of the essence.
If any term or provision of
this agreement is at any time held by any jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and
to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
If you are in breach of any
term of this agreement, we may:
publish all text and Content
relating to the claimed breach, including your name and email address and all
correspondence between us and our respective advisers; and you now irrevocably
give your consent to such publication.
terminate your account and
refuse access to Our Website;
remove or edit Content, or
cancel any order at our discretion.
Any obligation in this
agreement intended to continue to have effect after termination or completion
shall so continue.
No failure or delay by any
party to exercise any right, power or remedy will operate as a waiver of it nor
indicate any intention to reduce that or any other right in the future.
You agree that all our
electronic communications satisfy any legal requirement that such
communications be in writing.
Any communication to be served
on either of us by the other shall be delivered by hand or sent by express post
or recorded delivery or by e-mail.
It shall be deemed to have
delivered by hand: on the day of delivery;
sent by post to the correct address: within 72 hours of posting;
sent by e-mail to the address from which the receiving party has last sent
e-mail: within 24 hours if no notice of non-receipt has been received by the
care before agreeing to accept service by e-mail. It may be convenient, but
you could miss or accidentally delete the message]
In the event of a dispute
between us, then, if we so ask, you undertake to attempt to settle the dispute
by engaging in good faith with us in a process of mediation before commencing
arbitration or litigation.
So far as the law permits, and
unless otherwise stated, this agreement does not give any right to any third
We shall not be liable for any
failure or delay in our performance of this agreement which is caused by
circumstances beyond our reasonable control,
In the event of any conflict
between any term of this agreement and the provisions of the constitution of a
limited company or any comparable document intended to regulate any other
corporate or collective body, then the terms of this agreement shall prevail.
This agreement shall not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is hereby expressly excluded.
The validity, construction and
performance of this agreement shall be governed by the laws of the State of [State]
and you agree that any dispute arising from it shall be litigated only in that State.