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Misleading Mitre 10 'storewide' sale

Mitre 10 Australia Ltd has admitted that it engaged in misleading and deceptive conduct and made a false representation about the price of goods when it advertised its '20% off storewide' sale in February this year.

The Australian Competition and Consumer Commission raised concerns with Mitre 10 that its television and website advertising failed to adequately disclose that a number of products were excluded from the sale held on February 13-14, 2009.

Fuel, rural or agricultural products, tool hire, kitchen and bathroom packages, large kitchen appliances, trade, building materials, café, special orders, products sold under non-Mitre 10 trading names and gift card purchases were excluded from the sale.

The television advertisements, which aired on almost 900 occasions across two days, included small print text about 'terms and conditions instore' but did not say what these were. The internet advertising on Mitre 10's home page did not refer to any terms and conditions.

ACCC chairman Graeme Samuel said companies must ensure terms and conditions applicable to any sale were adequately disclosed to consumers. When promoting a sale any exclusions must be clearly defined.

As part of court enforceable undertakings accepted by the ACCC, Mitre 10 has undertaken not to repeat the conduct and to implement a rigorous and comprehensive trade practices compliance program designed to minimise the risk of future breaches of the consumer protection provisions of the Act.

A copy of the undertaking provided by Mitre 10 including further background on the matter and details of all measures Mitre 10 has undertaken to implement will be available on the ACCC's website.

Media inquiries

  • Mr Graeme Samuel, Chairman, 0408 335 555
  • Mr Brent Rebecca, Media, (02) 6243 1317 or 0408 995 408

General inquiries

  • Infocentre 1300 302 502

Release # NR 192/09
Issued: 13th August 2009


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