The Australian Consumer Law (“ACL”) provides statutory protection for consumers purchasing goods or services for personal, domestic or household use within Australia.
The ACL can be best explained as having two primary components:
1. Provides statutory warranties which are to apply to consumer transactions. Such warranties include a guarantee that:
- The goods will be of acceptable quality and be free from defect;
- The goods and services are suitable for their designed use or purpose;
- The goods provided will correspond to any sample, model or description shown to the consumer;
- The services will be supplied within a reasonable time, where the timeframe is not otherwise specified in the contract;
- That services will be provided with due care and skill.
2. Regulates the conduct of the supplier or service provider in their dealings with a consumer. Some of the prohibitions include:
- Engaging in misleading and deceptive conduct. This is conduct that deliberately or recklessly makes the consumer believe something to be true when it is not.
- Engaging in unconscionable conduct. This is where the supplier or service provider takes advantage of their superior bargaining position to the detriment of the consumer.
- Issuing unfair contracts. This is where some or all of the terms of the consumer contract are unfair to the consumer. For example, where only the supplier can terminate the contract.
- Illegal marketing practices such as offering a rebate or discount and failing to uphold that promise to the consumer; and
- Rules apply for unsolicited consumer agreements. This is where the supplier or service provider initiates contact with the consumer and subsequently a contract is entered into.
If you are in dispute with a supplier or service provider, or if you as a business are in dispute with a consumer we recommend that you contact our office and arrange an appointment to see one of Competition & Trade Solicitors in our Sydney office. For a complete listing of our please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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