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Showing posts with the label Australian Consumer Law

Goods, Consumers and Remedy – Who Is Protected?

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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...

Been Scammed? What Is Unfair Treatment From A Business?

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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 part...