Prohibited Items Policy
That’s A Bargain is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from That’s A Bargain. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of That’s A Bargain. This policy explains what is prohibited or restricted on That’s A Bargain.
We have a zero-tolerance policy for prohibited items, particularly those that promote, support or glorify hatred, those that promote, support or glorify violence, or are unlawful. Sellers deemed to violate this policy can be subject to immediate account suspension or termination.
By opening an That’s A Bargain shop, you’re agreeing to this policy and our Terms of Use. If That’s A Bargain has reason to believe you, Your Content, or your use of the Services violate our Terms, we may deactivate your content to some or all buyers or suspend or terminate your account (and any account That’s A Bargain determines is related to your account) and your access to the Services. Generally, That’s A Bargain will notify you that your content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you
The following types of items are prohibited or restricted on That’s A Bargain:
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
2. Animal Products and Human Remains
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
4. Hate Items: Items that Promote, Support, or Glorify Hatred
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
6. Internationally Regulated Items
8. Violent Items: Items that Promote, Support, or Glorify Violence
Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.
Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, ‘art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.’
In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on That’s A Bargain. We reserve the right to remove listings that we determine are not within the spirit of That’s A Bargain. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.
Alcohol and drugs are prohibited on That’s A Bargain. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of That’s A Bargain.
More Details:
The following are examples of items that may not be sold on That’s A Bargain:
1. Alcohol.
2. Tobacco products, smokeable products, e-cigarettes and e-liquid.
3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
4. Drug paraphernalia, including, for example: items with a carburettor; slides and/or items with a slide; bongs and bubblers; vaporisers and their components.
5. Medical drugs, regulated medical devices, and pharmaceuticals.
Restrictions on descriptions of purported health benefits:
A medical drug claim is a statement or suggestion that an item prevents, heals or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on That’s A Bargain, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.
That’s A Bargain prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. That’s A Bargain may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If That’s A Bargain receives proper notice from a legal authority, we may remove an item.
Certain animal products are highly regulated and prohibited on That’s A Bargain due to the risk of harm to live, companion, or endangered animals.
More Details:
The following are examples of animal products that may not be sold on That’s A Bargain:
- Live animals.
- Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered listed by the Department of Climate change, Energy, the environment and water on the following webpage EPBC Act List of Threatened Fauna.
- Items made from cat and dog parts or pelts.
- Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
- Items made from human remains or products from the human body, except for teeth, fingernails, and hair.
Example: Mini Bottle with Human Hair
Resources: Endangered Species Act; Prohibition on Importation of Dog and Cat Fur Products
We expect all of our members to follow their local laws. If you are delivering items across international borders, you should also consult CITES for specific information about importing and exporting species that may be threatened. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.
For safety and legal reasons, we prohibit certain dangerous items from our marketplace.
More details:
Hazardous Materials
Due to the potential harm caused by hazardous materials, as well as complex legal and delivery regulations surrounding such materials, hazardous materials are prohibited on That’s A Bargain.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
- Explosives (fireworks or sparklers)
- Explosive precursors
- Flammable items
- Gases
- Radioactive material
- Toxic substances (such as poisons)
- Individual or loose lithium-ion batteries
Some ingredients are considered hazardous when found in certain contexts. The following are prohibited cleaning supplies listed by Australia post and banned and restricted chemicals which could me found in cosmetics products.
Recalled Items or Items that May Pose a Health or Safety Hazard
Items that have been recalled by governments or manufacturers are prohibited from being sold on That’s A Bargain. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts and drop side cribs.
Items that may pose a health or safety hazard are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking, electrocution, or strangulation hazard. We rely on information from user reports and various government agencies to identify these items.
Weapons
Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on That’s A Bargain:
- Guns, knives, or other blatant weapons, even if they are vintage.
- Imitation firearms and weapons that look real or are prohibited by Australian law.
4. Hate Items: Items that Promote, Support or Glorify Hatred
We want That’s A Bargain to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.
More Details:
That’s A Bargain does not allow items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organisations or people with such views.
The following items are not allowed on That’s A Bargain:
- Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.
- Items that contain racial slurs or derogatory terms in reference to protected groups.
Examples of What is Allowed:
Some items may contain symbols or terms associated with hate groups in a context unrelated to the group itself. We understand that these items are subject to a variety of valid and often conflicting interpretations of their educational, historical and artistic value. Recognising that there may be no consensus on their value and reserving the right to evaluate such items on an individual, case-by-case basis, the following types of items are generally allowed on That’s A Bargain:
Co-opted symbols, such as the swastika, when used in peaceful or religious context (often in Hinduism, Buddhism, and Jainism). The item itself must possess features that clearly depict its cultural or religious origin or purpose.
A note on swastikas:
We are sensitive to the fact that there are many cultures throughout the world which use the swastika for legitimate purposes completely independent of Nazism. However, due to the widespread recognition of the Nazi swastika as a hate symbol, we have decided to only allow swastikas when part of a clear religious or cultural context.
Resources: Federal Bureau of Investigation’s webpage on Hate Crimes; Southern Poverty Law Center
We respect the law and expect That’s A Bargain sellers to respect the law as well.
More Details:
Illegal items, items that promote illegal activity, and stolen items are not allowed on That’s A Bargain. Neither are certain items that are subject to complex legal regulations or registration systems. We require sellers to follow all applicable laws for the items they list. Listings may be unavailable for users in regions where the item is restricted to purchase or sell.
While not exhaustive, examples of items which may be subject to regulation include:
- Native American crafts
- Plants and seeds
- Children’s products
- Food products
- India Restrictions
See the linked pages for more information on requirements and specific items That’s A Bargain prohibits in these categories.
Because That’s A Bargain is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. This includes, but is not limited to the sale of:
- Unauthorised or counterfeit goods
- Personal information
- Highly regulated items, such as currency and real estate
- Listings which facilitate or promote illegal activity, such as:
Impersonation
b. Evasion of the detection of illegal activity
c. Fraudulent deception that is misleading of one’s medical status, or that enables privacy infringement
Unauthorised replicas or copies of items are prohibited on That’s A Bargain. We consider counterfeit or unauthorised goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or repurposed items, even if using authentic materials, to be counterfeit if they are making use of a brand’s name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorised goods include replica luxury and non-luxury items like bags and branded apparel.
Personal information may not be sold, for instance as part of a data bank or mailing list. The sale of personal or government documents, such as credit cards, identification cards, and licences is also prohibited.
Given associated regulations, lottery tickets, cryptocurrency mining rigs, and current, exchangeable currency and postage may not be sold on That’s A Bargain. We also prohibit the sale of financial instruments such as stocks, bonds, and other securities. Handmade items containing any of these items in a usable condition are also not allowed. Collectible postage or currency that priced at less than $1,000 are allowed unless subject to legal or other restrictions. Collectible currency may not be offered as ‘unsearched’ or as a mixed lot of unknown contents. Additionally, due to complex legal restrictions that vary by location, That’s A Bargain does not permit the sale of real estate, housing, or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).
Items may not aid in impersonation. We prohibit realistic items that identify the wearer as an active law enforcement, military, or government official. It is also prohibited to facilitate the impersonation of a ride-share vehicle through the sale of rideshare company decals.
We prohibit items which are intended to evade the detection of illegal activity, such as radar detectors, number plate covers, and materials for faking drug tests.
Items meant to fraudulently deceive others about one’s medical status are prohibited. This includes items such as fraudulent test results, or items designating an animal as a service animal. We also prohibit items which deceptively infringe on someone’s privacy, such as concealed cameras or tracking devices, and lockpicking devices.
That’s A Bargain provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.
More Details:
When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licences, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.
When you use That’s A Bargain’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Department of Foreign Affairs and Trade (“DFAT”) of the Australian Department of the Treasury. All That’s A Bargain members must comply with our Sanctions Policy, regardless of their location.
That’s A Bargain reserves the right to request that sellers provide additional information, disclose an item’s country of origin in a listing, or take other steps to meet compliance obligations.
You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programmes. That’s A Bargain has no authority or control over the independent decision-making of these providers.
Examples of What is Allowed:
Sanctions or compliance programmes may have certain exceptions to their restrictions. For example, while DFAT broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact discs, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.
As a creative community, we tend to be fairly liberal about what we allow on That’s A Bargain. That said, we prohibit pornography, illegal or exploitative items, and used intimate items. Beyond that, we allow but place restrictions on mature content so that people who are offended by this kind of material don’t have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities by listing and tagging your items properly.
More Details:
We prohibit items which are not aligned with That’s A Bargain’s brand and values, or which carry legal or other restrictions. Depictions of the sexualization of minors are prohibited. We also prohibit depictions of bestiality, incest, and non-consensual sex.
Pornography of any sort is prohibited on That’s A Bargain, whereas mature content is restricted. Although pornography can be difficult to define, an item generally qualifies as pornography when it contains printed or visual material that explicitly describes or displays sex acts, sex organs, or other erotic behaviour for the purpose of sexual arousal or stimulation.
We define mature content as printed or visual depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason; see also Violent Items below), and explicit types or representations of taxidermy. Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.
When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.
We want That’s A Bargain to be a safe place for everyone. While violent content can be a legitimate part of historical, educational or artistic expression, it should never be used to promote or glorify violent acts against others.
More Details:
We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm.
The following items are not allowed on That’s A Bargain:
- Items that glorify human suffering or tragedies, including items that commemorate or honour serial killers
- Items that attempt to exploit natural disasters or human tragedies
- Items that encourage, glorify, or celebrate acts of violence against individuals or groups
- Items that encourage self-mutilation, starvation or other self-harm
- Items that promote or endorse
We hope these guidelines are helpful, but we can’t catalogue every permitted or prohibited item. If you see something on That’s A Bargain that appears to violate these rules, you can report it to us. At the bottom of a listing page, you can click Report this item to That’s A Bargain. To report copyright or intellectual property infringement, please contact us via email, support@thatsabargain.com.au
For all other reports, or for any questions, please contact us via email, support@thatsabargain.com.au
Reading Materials
In crafting these policies, we found several thoughtful essays and articles. Here are a few that we found illuminating:
Sexism, Racism and Other isms in Library Materials (1973),
‘It is inevitable in the give and take of the democratic process that the political, the moral, or the aesthetic concepts of an individual or group will occasionally collide with those of another individual or group. In a free society each individual is free to determine for himself what he wishes to read, and each group is free to determine what it will recommend to its freely associated members. But no group has the right to take the law into its own hands, and to impose its own concept of politics or morality upon other members of a democratic society. Freedom is no freedom if it is accorded only to the accepted and the inoffensive …. We realise that application of these propositions may mean the dissemination of ideas and manners of expression that are repugnant to many persons. We do not state these propositions in the comfortable belief that what people read is unimportant. We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours.’
