Legal Question in International Law in Australia

I deal in self defence and martial arts products and I have the follwing discalimer on my site. I was just wondering if it is legal to do this - ie if someone was to by say a stungun and get it delivered to australia, am I at fault?

**Prohibited Items Policy**

A prohibited item is anything that is considered illegal to posess in the place you are shipping it to. When you order an item from our online store, it is you, the buyer, who is importing the product, not First Action or our manufacturer.

First Actions FightingEquipment.com.au trades worldwide, there fore, some items we sell may be legal to posess/import in some places but illegal to import/posess in others eg stun guns, extendable batons, various weaponry etc. It is up to you, the buyer, to research the laws of the country/state/province etc of where you want the product shipped.

It is impossible for us to regulate who buys what and where the buyer wants something shipped, so we take no responsibility for the importation of prohibited items buy you, the buyer.

Apart from the fact that we can't be expected to know the laws of every country/state/province, even those we may be aware of we still can not regulate what gets shipped where. For example, although we are an Australian company, some of the products we sell are actually illegal in some or all Australian states. We do not import these products into Australia. They are manufactured off shore and distributed directly from the manufacturer to the buyer. This, in many cases, is an automatic process, meaning that if you order it, it will be shipped to the address you specify. That means if you want something shipped to Australia, although it may be illegal, it will still be shipped, and neither First Action, nor our manufacturers, can be held responsible for any consequences. It is you who is importing the prohibited item, not us, or our manufacturer.

Our guarantee and refund does not apply if you choose to ignore this warning and decide to import prohibited items into any given country.

Also, we take no legal responsibility if you decide to import prohibited items, wherever you live.

Bottom line in simple terms is the following:

If you order it, it will be shipped

Check your countries laws before you order

All guarantees and refund policies are null and void if you order a item that is prohibited in the destination you are getting it shipped

First Action takes no legal responsibility for your actions


Asked on 1/08/10, 5:43 am

1 Answer from Attorneys

Dean Love Dean R. Love & Associates

Please contact us to discuss further.

Dean R Love & Associates

1800 723 101

[email protected]

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Answered on 1/21/10, 10:32 pm


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