The
Specifically,
The ACL is primarily responsible for protecting the rights of the consumer. The ACL protects consumers when goods and services do not meet the guarantees represented by the company. A company's specific and individualised terms and conditions cannot restrict or modify these consumer rights.
The ACCC continuously monitors businesses to ensure that they comply with the ACL and are not infringing on the rights of the consumers.
The ACCC found the following representations made by
- Consumers are required to notify
Booktopia of any damaged or incorrect products within two days from the time of delivery in order to be eligible for a refund; - Consumers have no right to a refund on non-refundable products including eBooks, digital content, or products ordered in bulk which were charged at a special price; and
-
Consumer relations and service staff made direct representations to consumers that
Booktopia was not going to remedy any faults or allow consumers to obtain refunds if those consumers failed make to contactBooktopia within two days of delivery.
Overall the ACCC found that on each of the above representations,
- Section 18(1) of the ACL by engaging in misleading and deceptive conduct; and
- Section 29(1)(m) of the ACL by making a false or misleading representation concerning the existence or effect of a consumers' rights.
The steep penalty imposed on
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr
Level 17,
NSW
2000
Tel: 29390 8000
Fax: 29390 8390
E-mail: adriana.giometti@holmanwebb.com.au
URL: www.holmanwebb.com.au
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