What do you need to know?
It is your responsibility to ensure that all products you sell on Kogan.com are compliant with all Australian laws and regulations, and you are liable for any non-compliance.
This includes, not exhaustively, laws that cover product:
- Packaging or Labelling
- Intellectual Property
Before listing a product for sale on Kogan Marketplace, you should:
- Check the list of ACCC Mandatory Standards to see if your product needs to comply;
- The purpose of these mandatory standards is to make particular safety or informational features on products compulsory for the legal supply of the product into the Australian market. There are many mandatory standards currently in force, including in relation to aquatic toys, baby walkers, bicycle helmets, toys containing magnets, treadmills and exercise cycles
- Check whether the product is subject to a product safety ban or voluntary or mandatory recall.
- Product safety bans can be placed on products if there is a risk that they may cause serious injury, illness or death. As a supplier of goods, you are responsible for staying informed about your legal obligations with respect to product safety bans and/or product recalls.
If any of your products do not comply with Australian product safety regulations, you must not list them for sale on Kogan Marketplace.
You should also be aware that as a supplier of goods, you have mandatory reporting obligations which require you to report to the ACCC within two days if you are aware of a death, serious injury or illness associated with a product you supply. More information on your mandatory reporting obligations is available here.
When advertising and selling products on Kogan Marketplace, all sellers have obligations under the Australian Consumer Law (ACL). Before listing a product for sale, you should consult the ACCC’s Advertising and Selling Guide to ensure both your product and your advertising and selling practices are compliant.
Your obligations under the ACL include, but are not limited to:
- Misleading or deceptive claims or conduct: you must not engage in conduct that is misleading or deceptive and you must not make false or misleading claims or statements about your products.
- This includes making claims or statements that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use.
- To avoid this, you should ensure your listings include clear product descriptions (including the full model name and number), good quality product images and ingredient lists.
- In addition, any claim you make regarding the health, safety or performance of your products must be substantiated.
- Consumer guarantees: Goods purchased on Kogan Marketplace automatically have consumer guarantees attached to them, regardless of any other warranty offered by you. If you intend to offer an extra warranty or promise in relation to your goods, please consult the ACCC’s guide to offering warranties.
- Environmental marketing: if you wish to make environmental claims about your product (e.g. “green”, “energy saving”, “environmentally safe”), they should be honest, accurate and able to be substantiated. Any environmental claim in your listings must comply with the ACCC Green Marketing Guidelines. For more information, please see the ACCC Advertising and Selling Guide – Environmental and Organic Claims.
- Reviews and testimonials: any review or testimonial you include in your listing must reflect the genuine views and opinions of the person that is represented to have made it. You must not misrepresent consumer opinions to dishonestly promote your products. For more information please consult the ACCC Advertising and Selling Guide.
The laws and regulations are administered by various agencies at the state and federal level, or private action of third parties, depending on the products you sell.
If you are unsure a product you sell is compliant, get the appropriate advice, and do not list it on Kogan.com until you have confirmed compliance.
Kogan may request at any time, (whether as part of a routine auditing process, as a result of a website user submitting a complaint, or information received or identified by Kogan, or otherwise), evidence that your products are compliant with applicable laws and regulations in Australia. At any time, Kogan may suspend products, while it conducts an investigation.