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ARTICLE · 06 OCTOBER 2017

Amazon warned about unfair contract terms for Amazon Marketplace

Marque Lawyers
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Amazon says it will comply with local laws, as its US contract terms could be deemed unfair if applied in Australia.

AustraliaCorporate/Commercial Law
Alex Horvath (Formerly With Marque Lawyers)
Alex Horvath (Formerly With Marque Lawyers)
Justin Cudmore
Justin Cudmore
Hannah Marshall
Hannah Marshall
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Along with the rest of Amazon, Amazon Marketplace is coming to Australia.

Amazon Marketplace allows third-party retailers to sell directly to consumers via the Amazon platform, paying a referral fee to Amazon from each sale. This is different to Amazon Retail, where Amazon buys products wholesale and retails them itself on the Amazon website.

There has been a bit of a kerfuffle in the news over Amazon Marketplace's terms of use and whether they would include terms that fall foul of Australian unfair contract terms rules. Amazon Marketplace in the US imposes strict contract terms that give it the right to unilaterally refuse service, terminate accounts, remove or edit content and even cancel orders.

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