Your Rights as a consumer.

Lshkev on 05/11/2011 - 22:26

Dear OzBargainers,

I am currently studying B Com/Law, and I realised that you OzBargainers may want to know your rights as a consumer.

Recently there was Harvey Norman sale for "Buy one camera and get one free", but there was a clash of two prices.

"If a supplier displays multiple prices for goods at the same time, it must either sell
the goods for the lowest price or they can withdraw the goods from sale until the
pricing is corrected."

Section 47 of the Australian Consumer Law provides that, where goods have more than one displayed price, they
must not be supplied at a price higher than the lowest displayed price. However, other
amounts such as a unit price per quantity are not ‘displayed prices’.

Does a business have to sell at the lowest displayed price, even if the multiple price
representations are a genuine error? This means do Retail outlets in which they have made a CLEAR pricing error, do they still have to honour that transaction? Basically no.

To ensure that genuine pricing errors are not penalised by section 47, a business may sell
at the lowest displayed price, but the provision does not exclude their right to withdraw
the item from sale, correct the price and then offer it for sale again.

‘No refund’ signs
Suppliers must be very careful about what they say to consumers and in the wording of any signs, advertisements or any other documents.Signs that state ‘no refunds’ are unlawful, because they imply it is not possible to get a refund under any circumstance – even when there is a major problem with the goods. For the same reason, the following signs are also unlawful:

‘No refund on sale items’ > ‘Exchange or credit note only for return of sale items’.

However, signs that state ‘No refunds will be given if you have simply changed your mind’ are acceptable.

I have mostly copied and pasted bits and pieces from the Australian consumer Law website, and you can locate them from here:

http://www.consumerlaw.gov.au/content/the_acl/downloads/ACL_…
http://www.consumerlaw.gov.au/content/the_acl/downloads/cons…

There is many interesting things you may learn, such as what is reasonable quality for the products in which you purchase. Are you entitled to a warranty if you purchase items online such as, ebay?

A friendly reminder that I am currently letting you know your rights, and I am not turning you Ozbargainers into lawyers. The best remedy if you are in this situation is calm down, and think thoroughly that the people work there are not paid to be yelled and spat on. If you must call, ACCC and they will further help you on the situation. Remember with great power comes with great responsibility.

Happy OzBargaining.

General Discussion

Comments

  • Cobalt_ on 05/11/2011 - 23:08
    +2

    Also people should be made aware for their statutory warranty rights which go beyond that of the manufacturer's warranty:
    http://www.accc.gov.au/content/index.phtml/itemId/815360

    Dell getting hammered for misrepresenting consumer warranty rights here:
    http://www.accc.gov.au/content/index.phtml/itemId/964494

  • ozshaz on 07/11/2011 - 06:36
    +1

    Nice information…but i am sure that harvey norman would find a loop hole..one even i know is that hn can say that all there stores are independent franchisee and that they are not obliged to sell at the same price..its like car dealership..same car can have different prices for different franchisee..i hope my thougts make sense :-)

    • shkev on 21/11/2011 - 23:52

      The terms and conditions or disclaimers should be in place to remove their liability from this situation. But disclaimers can go so far from removing "total" liability, see ACCC vs Telstra corporations 2010.

      Btw your thoughts do make sense:) It's nice to know that people are protecting themselves with knowledge instead of violence, cause as I am still learning to:)

  • [Deactivated] on 07/11/2011 - 06:55

    Given that they cannot sell at the higher price when two prices are offered what happens with this scenario

    I see two prices.
    I go and buy, find that they have charged me the higher price.
    I then ask for a refund of the difference.

    They haven't "withdrawn" the product from sale, they have sold it to me.

    Might be interesting to see?
    And if I have ripped off the packaging, so its harder to return?

    • shkev on 21/11/2011 - 23:35

      As an Australian consumer under the COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2, you are protected under s 18-Misleading or deceptive conduct(which it seems in this case about the charging of the higher prices).

      In regards of your question about packaging. It doesn't matter about the packaging, because you brought the product because of its performance and reasonable quality, not buying the product because of its packaging. You are entitled to a full refund if it falls under s 29 False or misleading representations about goods or services, and other sections if it falls relevant in different situations.

      You can also find other scenarios, which ACL sections can protect you from, as an Australian consumer.
      http://www.austlii.edu.au/au/legis/cth/consol_act/caca201026…

      Sorry for the late reply, I been having Law exams.. one more to go sighs.

      • [Deactivated] on 22/11/2011 - 12:37

        Shkev

        Thanks for the response, hope the exams go well, its a tough course.

        Just to clarify that I have got this right

        If instead of telling them when I buy that they have charged me at the higher price, I pay the higher price, go outside rip off the packaging - yes I know this is a "game", I then go back into the store and say the price is higher than that on the sticker, then they have two options

        Refund the difference or take the product back.

        Now in this case by ripping off the packaging, they cant say, no we wont take it back as its not in the original/or complete undamaged packaging. They can elect to take it back or reduce the price.

        Yes the game being played by me is that, if they decide that if they take it back they will have to repack/reduce the product as it will be seen to be used by another purchaser who will want a reduced price anyway.

      • cwongtech on 22/11/2011 - 13:25

        Which Uni are you at? :)

        • scrimshaw on 22/11/2011 - 16:19

          Good luck in your exams! I just finished mine… time to celebrate lol.

      • phobaphobic on 23/11/2011 - 17:54

        Does s29 also apply to edible goods? Because my McDonalds burger never looks like the ones advertised…

        • swimmingtoad on 23/11/2011 - 19:58

          Lol, this issue has actually been raised in the past, similar case with the pictures on the boxes of frozen meals.

  • DaydreamBeliever on 23/11/2011 - 02:34

    Thanks for sharing…this stuff is really important to know!

  • leiiv on 23/11/2011 - 09:39
    +1

    If we find that our rights as a consumer have been violated, what are the best (fastest and cheapest!) course of action that we can do?

    • scrimshaw on 23/11/2011 - 16:45

      Ring ACCC at 1300 302 502 (free call)
      http://www.accc.gov.au/content/index.phtml/itemId/54217

      • swimmingtoad on 23/11/2011 - 19:58
        +2

        They are so useless these days though

    • shkev on 24/11/2011 - 11:49

      That is a very good question indeed, and also relevant to all types of situations.

      Well the quickest and cheapest remedy to your situation is to actually talk to the person who is at fault of the situation. Have a clear conscience and mind that the person who doesn't understand your problem, usually don't know the Law, because they just usually deal with everyday customers and they try to sell products to reach their everyday quotas. (Retail assistants or whatever aren't paid to be yelled at, they are paid to try and increase the dividends of shareholders jkz lol)

      State your rights, and usually they will refer the matter to their manager or supervisor. Talk to them in a friendly manner, and the issue will normally be resolved. If it doesn't refer the situation to head office of the store and file a complaint. If it's the worst possible case, refer to the ACCC given by scrimshaw.

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