Terms & ConditionsConditions of Use & Sale
Last updated on 3 October 2019.
22 Vision Pty Ltd Trading as 22 Traders (ABN 24 643 878 354) provide website features and
other products and services to you when you visit or shop at 22traders.com.au (the "website"),
services include the information, content, materials, products, and resources included on or
otherwise made available to you through the website. 22 Traders provides the services and
sells our products to you subject to the conditions set out on this page. "22 Traders" is a
registered business names for 22 Vision Pty Ltd.
Conditions of Sale
These Conditions of Sale govern the sale of products on 22 Traders.com.au by 22 Vision Pty
Ltd (ABN 24 643 878 354) (trading as "22 Traders" or "22 Traders") to you.
Please read these conditions carefully before placing an order for products sold by 22 Traders,
by placing an order you agree to be bound by these conditions.
Please review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern
your use of 22 Traders, to understand our practices.
When you use 22 Traders or send emails
, text messages, and other communications from your desktop or mobile device to us, you are
communicating with us electronically. We will communicate with you electronically in a variety of
ways, such as by email, text, in-app push notices or by posting email messages or
communications on the website. You consent to receive communications from us electronically
and agree that communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any 22 Traders, such as text,
graphics, logos, button icons, images, audio clips, digital downloads and data compilations is
the property of 22 Traders or its content suppliers and is protected by Australian and
international copyright and authors' rights laws and (where applicable) database right laws. You
may also not create and/or publish your own database that features substantial parts of any 22
Traders or its content without our express written consent.
You are responsible for maintaining the confidentiality of your account and password. Except to
the extent caused by our breach of this Agreement, you are responsible for all activities that
occur under your account regardless of whether the activities are authorised by you or
undertaken by you, and we are not responsible for unauthorised access to or use of your
password or account. You should take all necessary steps to ensure that your password is kept
confidential and secure and should inform us immediately if you have any reason to believe that
your password has become known to anyone else, or if your password is being, or is likely to be
used in an unauthorised manner. You must ensure that the details you provide to us are correct
and complete, and inform us of any changes. You can access and update certain information
you have provided to us, and your account settings, in the Your Account area of the website.
If we have concerns with your account, or activity relating to your account, or if you are in
breach of applicable laws, these Conditions of Use, we reserve the right to take action on your
account in accordance with these Conditions of Use, including without limitation by (i) refusing
service, (ii) suspending or restricting access to your account, (iii) terminating your account; or
(iv) removing or editing content you post using your account. The action we elect to take and
any notice you may receive will vary depending on the circumstances and our assessment of
relevant factors. At any time you may cease using or terminate your account or remove or edit
certain content and material you post.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit
suggestions, ideas, questions or other material, as long as the content is not illegal, obscene,
abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable. You must not post or send any content that
contains software viruses, or that comprises political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam". You may not use a false e-mail address,
impersonate any person or entity, or otherwise misled as to the origin of any such content or
communication. We reserve the right (but not the obligation) to remove or edit such content. .
If you post content or submit material, and unless we indicate otherwise, you grant: (a) 22
Traders a non-exclusive, royalty-free and fully sublicensable and transferable rights to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media; and the right to use the name that you submit
in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection
of your intellectual property rights associated with such content and material. To the extent
permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive,
any right you have to be identified as the author of such content and any right you have to
object to derogatory treatment of such content. You agree to perform all further acts necessary
to perfect any of the above rights granted by you to 22 Traders, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise
control all of the rights to the content and material that you post and that, as at the date that the
content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any
applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify
22 Traders for all claims brought by a third party against 22 Traders arising out of or in
connection with the content and material you supply except to the extent that any liability arises
from our failure to remove the content or material when we receive from a relevant party a valid
Notice Form as described in these conditions relating to the content or material.
INTELLECTUAL PROPERTY CLAIMS
22 Traders respects the intellectual property of others. If you believe that an item or information
on any 22 Traders infringes your intellectual property rights, please follow our Notice and
Procedure for Making Claims of Right Infringements.
With respect to products sold by 22 Traders AU, your order is an offer to us for you to buy the
product(s) in your order. When you place an order to purchase the product(s) from us, we will
send you a message confirming receipt of your order and containing the details of your order
(the "Order Confirmation"). The Order Confirmation is acknowledgement that we have received
your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We
only accept your offer, and conclude the contract of sale for a product ordered by you, when we
dispatch the product(s) to you and send e-mail or post a message confirming that we've
dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more
than one package, you may receive a separate Dispatch Confirmation for each package, and
each Shipment Confirmation and corresponding dispatch will conclude a separate contract of
sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale
is with 22 Traders.
Please note that we sell products only in quantities which correspond to the typical needs of an
average household and may refuse orders for quantities that exceed this. This applies both to
the number of products ordered within a single order and the placing of several orders for the
CANCELLATION AND RETURNS POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product at no
cost any time before we send the Shipment Confirmation relating to that product.
You may submit your cancellation request using the Your Orders section of the website.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
the supply of goods made to your specifications or clearly personalised;
the supply of goods which may deteriorate or expire rapidly;
a service if 22 Traders has fully performed it and you accepted when you placed your order that
we could start to deliver it, and that you could not cancel it once delivery had started;
the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not
supplied on a tangible medium (e.g. on a CD or DVD) once download or use (whichever is
earlier) has begun; and
the delivery of newspapers, journals or magazines with the exception of subscription contracts.
You may return most new, unopened items sold and fulfilled by 22 Traders within 30 days of
receipt of delivery for a full refund of the purchase cost of the item. Please see About Our
Returns Policies for more details.
STATUTORY RIGHTS AND REMEDIES
Our cancellation and returns policies apply in addition to other rights and remedies a person
may have under law including under the Australian Consumer Law.
PRICING AND AVAILABILITY
All prices are inclusive of GST.
We list availability information for products sold by us on the website including on each product
information page. Beyond what we say on that page or otherwise on the website, we cannot be
more specific about availability. As we process your order, we will inform you by e-mail as soon
as possible if any products you order turn out to be unavailable and you will not be charged for
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we
have made a mistake and a product's correct price is higher than the price on the website, we
may either contact you before shipping to request whether you want to buy the product at the
correct price or cancel your order. If a product's correct price is lower than our stated price, we
will charge the lower amount and send you the product.
Unless otherwise stated on the website, delivery estimates and dates are just estimates. They
are not guaranteed delivery times and should not be relied upon as such. Where we provide a
guaranteed delivery date and a delivery attempt is not made for the relevant shipment by that
date, we will refund any delivery fees associated with that shipment, and otherwise we are not
liable to you for late deliveries. Where estimated delivery times apply, you are still entitled have
the products sent to you within a reasonable time. If the delay occurs before the products are
dispatched, you may cancel your order at any time prior to dispatch.
Unless expressly indicated otherwise, 22 Traders is not the manufacturer of the products sold
on this website. While we work to ensure that product information on our website is correct,
products and any product packaging and materials may be different from that displayed on our
website. All information about the products on our website is provided for information purposes
only and our sole liability in the event any incorrect product information will be to accept a return
of the product in accordance with our returns policies and your statutory rights. We recommend
that you do not rely solely on the information presented on our website. Please always read
labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully
read the information provided with the product, contact the manufacturer, or report the concern
For healthcare products, content on this site is not intended to substitute for advice given by a
medical practitioner, pharmacist or other licensed healthcare professional. Contact your
healthcare provider immediately if you suspect that you have a medical problem. Information
and statements about products are not intended to be used to diagnose, treat, cure or prevent
any disease or health condition.
22 Traders accepts no liability for inaccuracies or misstatements about products by
manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from 22 Traders for delivery outside of Australia you may be subject to
import duties and taxes, which are levied once the package reaches the specified destination.
Any additional charges for customs clearance must be borne by you, we have no control over
these charges. Customs policies vary widely from country to country, so you should contact your
local customs office for further information. Additionally, please note that when ordering from 22
Traders for delivery outside of Australia, you are considered the importer of record and must
comply with all laws and regulations of the country in which you are receiving the products. Your
privacy is important to us and we would like our international customers to be aware that
cross-border deliveries are subject to opening and inspection by customs authorities.
DISCLAIMER AND LIABILITY - for Sale
Unless otherwise stated in writing, 22 Traders disclaims, and does not make, any representation
or warranty of any kind in respect of any product we offer on the website or that you may order
from us. 22 Traders will not be responsible for (i) any loss arising from the unavailability of any
product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss
of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
(iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond our
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the
offer or sale of any product by us on the website is limited to a refund of the relevant amount
paid for the product (including applicable shipping fees).
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or
remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion,
or limitation as provided for in these conditions applies to the full extent permitted by law and
subject to any non-excludable right or remedy.
DISCLAIMER AND LIABILITY - for Use
22 Traders disclaims, and does not make any representation or warranty of any kind, including
without limitation any representation or warranty (i) that they are free of viruses or other harmful
components; (ii) that your use of the 22 Traders will be uninterrupted or error-free; or (iii) as to
the suitability or availability of the 22 Traders.
22 Traders will not be responsible for: (i) losses arising from the unavailability of, or your inability
to use any 22 Traders, (ii) losses that are not directly caused by any breach on our part; (iii) any
business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or
wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply
with our obligations under these conditions if the delay or failure arises from any cause which is
beyond our reasonable control. For any other loss relating to 22 Traders, we limit our liability to
the amount you have paid to us for the relevant service.
Nothing in these conditions is intended to (i) override any express commitments 22 Traders
gives to you (for example, commitments 22 Traders gives to provide a refund of fees in certain
circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute
including under the Australian Consumer Law or otherwise to the extent that that right or
remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or
limitation in these conditions applies as provided for in these conditions to the full extent
permitted by law and subject to any such non excludable right or remedy.
The laws of Queensland govern this Agreement and any dispute of any sort that might arise
between the parties. Any dispute relating in any way to this Agreement will only be adjudicated
in the courts of Queensland. Each party consents to the exclusive jurisdiction and venue in
these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state,
federal, or national court of competent jurisdiction for any actual or alleged infringement of such
party's, its affiliates' or any third party's intellectual property or other proprietary rights. The
United Nations Convention on Contracts for the International Sale of Goods, and any local laws
implementing the Convention on Contracts for the International Sale of Goods, do not apply to
this Agreement. If you would like to bring the matter to our attention, please contact us.
We reserve the right to cease providing any 22 Traders to you, and to make changes to any 22
Traders at any time. Your access to 22 Traders may be suspended or restricted in accordance
with these Conditions of Use and the applicable Service Terms, and as necessary for our
business operations including without limitation to allow for repairs, maintenance or the
introduction of new features or services.
We reserve the right to make changes to any Conditions of Use and Service Terms at any time
by posting the changes on our website. You will be subject to the Conditions of Use and Service
Terms made available on the website at the time that you use 22 Traders. You may at any time,
cease using 22 Traders or terminate your account.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our
rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. We sell children's products for purchase by
adults. If you are under 18, you may use the 22 Traders only with the involvement of a parent or