Goods, Consumers and Remedy – Who Is Protected?

The Australian Consumer Law (ACL) offers protections to consumers. The main protections relate to:

• faulty or unsafe products and services; and
• unfair treatment from businesses

What are faulty or unsafe goods?

The definition of what can be faulty goods is quite broad, however, in general faulty goods are those that fail to meet the industry’s acceptable standard in relation to its expected use, working condition and safety. In a nutshell, the goods are not what you asked for. 

Your rights when you purchase goods or services?

• The goods you purchase, among other things, must match descriptions made by the salesperson or advertiser on packaging and labels and in advertising.
• The goods you purchase must also be fit for the purpose the salesperson told you it would be fit for and for any purpose you made known to the salesperson prior to purchasing it.
• The goods you purchase must also have spare parts and repair facilities available for a reasonable time after purchase unless the salesperson told you otherwise.
• Further, you must not receive unfair treatment from businesses you deal with.
• It is not important whether you purchased your goods or services online or in-store.  However, the goods or services that come under the jurisdiction of ACL protections must have been purchased anywhere in Australia.
• The person who comes under ACL protection needs not be a citizen of Australia to be entitled to ACL protection. If the person is the consumer who purchased the goods in Australia, the protection extends to him/her as well. (Note: The definition is not exhaustive).

What Remedy Do I have? 

The remedy for faulty goods or services whether it’s a mere refund, repair, or replacement must put you in the position you would have been in had the goods or services done what the provisions of consumers guarantees asked the manufacturers/sellers to do. For instance, the goods must be safe, look acceptable, lasting with no faults, and do all the things someone would normally expect them to do. 

In addition, under the consumer guarantees, the person who purchases goods or services in Australia does have the right to repair, refund and replacement or cancel a service or in some cases ask for compensation for damages or loss.

Exceptions to Remedy  

There are some exceptions in relation to seeking a remedy or compensation when you purchase a goods or service. Here we name a few only:

• You changed your mind after the purchase without the goods having any fault. (Note: under certain purchasing transactions, there is a cooling-off period which allows a purchaser to contract out and cancel the service before the cooling-off period ends).
• Failed to clearly and sufficiently explain to the service provider the type of service you need.

Watch out for our Next Article to learn about what can amount to an unfair treatment from a business. 

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Australian consumer law

Been Scammed? What Is Unfair Treatment From A Business?

The Australian Consumer Law (ACL) offers protections to consumers against sales practices that are illegal for businesses to engage in when dealing with their customers. Here, we cite a few instances of unfair treatment:

What are unfair contract terms?

The fairness of any contract terms must be viewed objectively. It is said a contract can be seen as unfair if it falls within one of the following categories. Note that the list is not exhaustive, meaning it is not confined to the following only:

• The terms of the contract cause a significant imbalance between the rights and obligations of the business and the consumer
• Are the terms purported by the business necessary in order to protect the legitimate interest of the business?

Unconscionable conduct

Unconscionable conduct from a business occurs one when a business knowingly exploits the consumer’s disadvantage known to the business. The courts over the years have developed ways to examine whether a particular conduct in question is unconscionable. For instance, the courts are likely to look into:

• Parties bargaining power at the time of negotiating the contract terms
• Whether the stronger party used tactics such as undue influence, undue pressure to get the terms accepted by the consumer?
• Whether any one of the parties failed to act in good faith.

Accepting payment without intending to supply the goods or service

The law prohibits businesses from accepting payment without having any intention to supply the goods or service. The law also prohibits businesses to supply goods or service that are materially different than those requested by the consumer. Apart from the availability and suitability of the goods or service, the law further prohibits businesses to undertake a timeframe to deliver the goods or service while they know or should have known that the delivery is not possible with the promised timeframe.

Pyramid schemes

Under the ACL, it is illegal to participate in any pyramid schemes preferred by a business. Historically, the pyramid schemes work by asking new participants in the scheme to make payment, known as participant payment, in order to join the scheme. The new members then are promised payments for recruiting other new participants.  

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Unfair Treatment