Privacy Policy

My Australian Shop is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

•             For the primary purpose for which it was obtained

•             For a secondary purpose that is directly related to the primary purpose

•             With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

•             Third parties where you consent to the use or disclosure; and

•             Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

My Australian Shop will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates This Policy may change from time to time and is available on our website.

Warranty and Returns

My Australian Shop will endeavour to assist customers with any warranty and return issues that may arise from time to time when purchasing products from our website. Where possible we encourage customers to contact the store directly, via the details provided once product has been purchased, and resolve the issue with the store directly. Where not possible or if a suitable resolution has not been achieved, please don’t hesitate to contact My Australian Shop on our Contact Us page. 

We would also like to remind customers that all products on the website are the responsibility of the store owners and My Australian Shop will neither accept responsibility for returns or guarantee warranty on products. All sellers on My Australian Shop must adhere to the Australian retail laws which govern this industry and adhere to our Terms and Conditions. If you see a product that you believe goes against Australian Consumer Rights, please let a friendly member of our team know via our Contact Us page. 

Conditions of Use and Sale


Welcome to My Australian Shop. We are thrilled you are using the My Australian Shop site and our related services (our services). Please read our Terms of Use carefully as they set out your rights and responsibilities when you use our services.
By using any of our services you are agreeing to our Terms of Use.Our Terms of Use are a legally binding contract between you and Schmitz Holdings Pty Ltd trading as My Australian Shop ABN 68 626 810 919(My Australian Shop) and apply whenever you use our services.


We understand your personal information is important to you. We do not provide your personal information to third parties without your consent. Our Privacy Policy details how your information is used when you use our services. You agree that using we can use and process your information in the ways set out in our Privacy Policy.


You may need to create an account with My Australian Shop to use some of our services either as a seller or a buyer. Here are our terms in relation to your account:

3.1 You are responsible for your account

You are solely responsible for any activity on your account, and to protect and keep your password confidential. Your account is not transferrable.

3.2 Our relationship

These Terms of Use do not create any agency, partnership, joint venture, employment, or franchise relationship between you and My Australian Shop regardless of whether you sell, buy or browse using our services.

3.3 Age

You must be 18 years of age to use our services.

3.4 Your content

All information and content you post using our services is your content (your content). This means that you are solely responsible for your content, and any consequences that may result from it.

3.5 Rights to your content

You represent that you have all necessary rights to your content and that you are not infringing any third party’s rights by posting it.

3.6 Permission to use your content

We don’t claim any ownership in your content but you grant My Australian Shop permission to use it to help My Australian Shop function and grow.

You grant My Australian Shop a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to exercise all intellectual property rights you have in your content. This allows us to provide our services and to promote the My Australian Shop marketplace. You agree not to assert any moral rights or rights of publicity against us for using your content.

3.7 Rights you grant to My Australian Shop

We place great value in protecting intellectual property. If your content infringes another person’s intellectual property, we will remove it if we receive proper notice and will notify you if that happens.

3.8 Inappropriate, False or Misleading Content

We want to ensure the My Australian Shop site is clean, friendly and usable for everyone. There are certain types of content we don’t want posted on the My Australian Shop site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, defamatory. or otherwise offence or in violation of our Terms of Use. You also agree not to post any content that is false and misleading or uses our services in a manner that is fraudulent or deceptive.
We may delete you content if we consider it to be inappropriate or breaches our Terms of Use.


If you open a store to sell products on the My Australian Shop marketplace, the following terms will apply:

4.1 ABN

You must hold a valid ABN to operate a My Australian Shop store other than in the circumstance where you are selling products on the handmade/local made section on the My Australian Shop marketplace.

4.2 Availability of Products

If a product is noted as being available for immediate collection or dispatch, it must be available for immediate collection during business hours as noted on your My Australian Shop store or must be dispatched immediately upon an order being placed.

4.3 Limit to number of Products

My Australian Shop may impose a limit of the number of identical Products that may be uploaded per My Australian Shop store at any given time.

4.4 Compliance with laws

You are responsible for ensuring your posting, selling and other activities conducted on our site are lawful.
You warrant that you hold and will continue to hold all permits, registrations, licences and qualifications required at law to sell the products you are selling on your My Australian Shop store, and will provide evidence of such registrations, licences and qualifications if required by My Australian Shop. For the avoidance of doubt, any My Australian Shop store selling food, drinks or other consumables must at all times comply with all applicable food safety laws.

4.5 Prohibited Products

For a variety of reasons, we prohibit certain types of products from being sold on the My Australian Shop marketplace. Some products present legal risks, other items are inconsistent with our values, are harmful to our community or simply are not in the spirit of My Australian Shop. These products include:

alcohol, tobacco, drugs, drug paraphernalia;

pornography and mature content;

illegal items;

hazardous materials and dangerous items; and

items promoting or glorifying violence.

We cannot catalogue every prohibited product, but we reserve the right to remove listings that we consider violate these rules. Such listings will be removed from the site, and the seller’s selling privileges may be suspended and/or terminated. If you see anything on My Australian Shop that appears to violate these rules, you can report it to us.


5.1 By You

You may terminate your account with My Australian Shop at any time from your account settings. Terminating your account may not affect the availability of some of your content that you post prior to termination

5.2 By Us

We may suspend or terminate your account and your access to our services or change any of our services at any time without advance notice. If we do, it is important to understand that you don’t have a contractual or legal right to continue to use our services. We will not be liable to you for the effect that any change, suspension or termination of our services may have on you including your income or ability to generate revenue through our services.


6.1 Items you Purchase

(a) We do not take ownership of any products at any time and do not transfer legal ownership of items from the seller to the buyer. We provide the venue; and the products for sale using the My Australian Shop marketplaces are produced, listed, and sold directly by independent sellers. This means that My Australian Shop cannot and does not make any warranties, guarantees, or representations whatsoever about their quality, safety, or even their legality and is only a facilitator introducing the independent seller. We do not manufacture or inspect the products.

(b) Any legal claim related to a product you purchase using the My Australian Shop marketplace must be brought directly against the seller. You release My Australian Shop from any claims related to items sold using our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

6.2 Items you Access

You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users using our services. My Australian Shop is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through our services. You release us from all liability relating to that content.

6.3 People You interact with

My Australian Shop connects buyers and sellers. You can use our services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

6.4 Warranties

My Australian Shop is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided as is and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that

(a) our services will be secure or available at any particular time or location;

(b) any defects or errors will be corrected; or

(c) the results of using our services will meet your expectations.

You use our services solely at your own risk.


We may update our Terms of Use from time to time. If we believe that the changes are material, we will let you know by posting the changes through our services or sending you an email or message about the changes. That way you can decide whether you want to continue using our services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of our services following the changes constitutes your acceptance of our updated Terms if Use.


If My Australian Shop is sued because of something that you did, you agree to indemnify us. That means you’ll defend My Australian Shop (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable legal fees) that arises from your actions, your use (or misuse) of our services, your breach of our Terms of Use, or your account’s infringement of someone else’s rights.

If you have a dispute with one or more users, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


9.1 Entire Agreement

Our Terms of Use includes the entire agreement between you and My Australian Shop.

9.2 Governing Law

Our Terms of Use are governed by the law applicable in New South Wales, Australia and you and My Australian Shop submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

9.3 Waiver or Invalid

(a) Our failure to act on a breach by you does not waive our rights to act on subsequent or similar breaches.

(b) If a term of our Terms of Use is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.