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VIC Commercial Law - Selling Nicotine E-Liquid Through Website Affiliated to US Company?

Discussion in 'Australian Consumer Law Forum' started by Contrecto, 8 February 2016.

  1. Contrecto

    Contrecto Member

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    Following Australian legislation, Aussies are allowed to import e-liquid nicotine, disposable nicotine e-cigarette and prefilled cartomisers containing nicotine for personal use from an overseas vendor.

    The Australian Government Department of Health and Aging permits personal importation of three (3) months supply of nicotine e-liquids, as per the www.tga.gov.au/consumers/personal-importation-scheme.htm.

    Selling nicotine e-liquid from Australia is illegal, buying it in Australia is legal. Is being an affiliate, where Australians order nicotine e-liquid from my Australian site and I get an affiliate sales commission but they are actually really purchasing from the US site through my website legal under Commercial Law?

    What I am asking is, is being an affiliate seen by the law as the same as being a seller?

    I should also mention, the way it works is the item is on my website but the actual payment goes into the sellers' account and they ship the product and I just get a sales commission. Is this still seen as selling nicotine e-liquid from Australia? I don't actually get the direct payment.

    Cheers
     
  2. CathL

    CathL Well-Known Member

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