PROHIBITED ITEMS POLICY

OppSpot is a marketplace for secondhand clothing and fashion and although (in most cases) we do not choose what is sold, for a variety of reasons, we prohibit certain types of items from OppSpot. 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 OppSpot. This policy explains what is prohibited or restricted on OppSpot.

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, in accordance with our Terms and Conditions.

This policy is a part of our Terms and Conditions. By opening an OppSpot shop, you’re agreeing to this policy and our Terms and Conditions. If OppSpot 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 OppSpot determines is related to your account) and your access to the Services. Generally, OppSpot 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 OppSpot:

  1. Animal Products and Human Remains
  2. Dangerous and/or Recalled Items
  3. Hate Items: Items that Promote, Support, or Glorify Hatred
  4. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  5. Nudity and Mature Content
  6. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different, often conflicting, factors before coming to a decision about what is best for our OppSpot community. Because we believe that fashion is a form of self-expression, we encourage people to sell and buy pieces that mean something to them. Having said that, we do understand that there are many controversial symbols, motifs and silhouettes that can cause conflicting reactions among different people. Fashion can be provocative, emotional and divisive. There are some topics on which we may never reach a consensus as an OppSpot community, and that is okay.

We reserve the right to remove listings that we determine are not within the spirit of OppSpot. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

 

1. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on OppSpot due to the risk of harm to live, companion, or endangered animals.

  1. Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered by the Convention on International Trade in Endangered Species of Wild Fauna And Flora (CITES).
  2. Items made from cat and dog parts or pelts.
  3. Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
  4. Items made from human remains or products from the human body.

 

2. Dangerous and/or Recalled Items

Items that have been recalled by governments or manufacturers are prohibited from being sold on OppSpot. 

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, or strangulation hazard. We rely on information from user reports and various government agencies to identify these items.

 

3. Hate Items: Items that Promote, Support or Glorify Hatred

OppSpot is a community where people from all walks of life feel at home. With that in mind, there are some things we will not permit to be sold on OppSpot.

OppSpot 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 OppSpot:

  1. Items that support or commemorate current or historical hate groups or their ideology. 
  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

 

4. Illegal and Highly Regulated Items 

We respect the law and expect OppSpot sellers to respect the law as well.

Illegal items, items that promote illegal activity, and stolen items are not allowed on OppSpot. 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. 

OppSpot is an Australian-based online marketplace and as such, we expect our sellers to abide by Australian laws. What may be fine to sell in another country, may not be fine to sell in Australia. It is up to each seller to ensure their items can be legally sold in Australia before listing them for sale.

Unauthorised replicas or copies of items are prohibited on OppSpot. 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. To ensure high-end designer goods are sold on the most appropriate platform, OppSpot has a price cap of $500 AUD on any item sold on the site. Any items listed on OppSpot above this price are deemed high end and should be sold on an alternate specialist website that is able to authenticate high-value items.

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 clothing.

Children’s Loungewear and Sleepwear

Children’s clothing, sleep and loungewear is highly regulated in Australia, and for good reason. Kids are busy, curious creatures who get into all sorts of mischief and our responsibility as a community is to buy and sell items that do not put them at risk of harm.

To ensure the children’s items you are listing for sale meet current guidelines, please refer to the NRA website, in particular, the Key Guidelines on Children’s Apparel Product Safety. For safety reasons, any child or baby items that do not meet current safety guidelines or have been part of a product recall cannot be sold on OppSpot.

 

Upper-body Outerwear with Drawstrings

OppSpot prohibits upper-body outerwear containing drawstrings intended for children size/age 14 and under. This is inclusive of items such as hoodies, jumpers, jackets, raincoats, capes, and ponchos. Permitted alternatives to drawstrings include press studs, buttons, hook and loop fasteners, and elastic.

Small Parts and Choking Hazards

OppSpot prohibits items intended for children under age 3 that present a choking hazard. This includes items intended for children under age 3 with loose and/or unaffixed small parts. A small part is a part or piece that fits fully inside a cylinder which is 3cm in diameter and ranges from 2-5.5cm in depth.

 

Children’s Jewellery

OppSpot prohibits jewellery intended for children age 12 or younger which may pose a safety risk, including, but not limited to, the following:

  • Necklaces that do not have breakaway clasps.

  • Jewellery with magnets or magnetic stones (Magnets that are not considered strong or high powered are permitted as part of a breakaway or safety clasp).

  • Jewellery containing accessible coin or button batteries, such as LED/light up jewellery.

  • Jewellery containing lead or other heavy metal.

 

5. Nudity and Mature Content

As a fashion marketplace that promotes self expression, we are fairly open-minded about what we allow on OppSpot. That said, we prohibit pornographic, illegal or exploitative items. 

We prohibit items which are not aligned with OppSpot’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 OppSpot, 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 and violent images (within reason). 

 

6. Violent Items: Items that Promote, Support or Glorify Violence

We want OppSpot 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.

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 OppSpot:

  1. Items that glorify human suffering or tragedies, including items that commemorate or honour serial killers.
  2. Items that attempt to exploit natural disasters or human tragedies.
  3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups.
  4. Items that encourage self-mutilation, starvation or other self-harm.
  5. Items that promote or endorse harmful misinformation.

We hope these guidelines are helpful, but we can't catalogue every permitted or prohibited item. If you see something on OppSpot that appears to violate these rules or doesn’t feel like it is in the spirit of OppSpot, you can report it to us at getintouch@oppspot.com.au.