While searching for “Up to %” sales I came across this one that must obviously breach ACL rules about “No Refund”. It is from Brand Smart Outlet, 288 Whitehorse Road, Nunawading VIC 3131
So I thought to start this topic so that any other person who find similar could post them here and I am sure CHOICE will appreciate any nominations that break the ACL rules about refunds. If online try to capture the image eg using Snip or if out and about try to get a pic to post here and post the detail of who had the sign up.
Not a “No Refund” advice but the cost of return of Goods under the ACL for failure under those consumer guarantees I thought must be met by the supplier if they are faulty (purchaser may have to pay initially but can recover the cost):
11.8
Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost. Where You are returning a Product to us, we take no responsibility for a Product lost in transit.
11.9
All refunds that require a manual transaction will be subject to a flat rate $20.00 administration and processing fee, per order. This fee will be automatically deducted from the refund, regardless of whether the refund has been awarded in part or in full. A manual transaction relates to any refund, by whatever means, awarded after the initial 30-day money back guarantee has expired.
12.2
Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.
& under Liability…
For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.
11.8 and 11.9 seem to be at conflict with 12.2 when it comes to rights under ACL.
So the product fails, but we will charge you $20 for the privilege. This is very shonky, especially when a consumer can potentially recover postage costs from a manufacturer/retailer through the compensation for damages and losses provisions.
All these provisions seem to conflict with the ACL and maybe worth sending to the ACCC.
When i’ve had to return goods, usually overseas, but sometimes locally, i’ve had to pay postage, but always scanned in the receipt and had the postage cost refunded. Even when the cost to send a package back to the UK by the cheapest registered mail was around $100 and the item was only worth around that. I’m sure all businesses would be compelled to refund postage costs on faulty goods.
What my concern is that the terms are not satisfactorily explained re ACL rights. The business may say you are to pay the postage cost to return the goods (as long as they are not too bulky or heavy when it then becomes the supplier’s responsibility) but they should also explain that if a claim is successful a consumer will be entitled to a refund of those costs. Currently a consumer would take the meaning to probably mean that they have to bear the cost entirely.
