Westco Jeans (Aust) Pty Ltd will strengthen its compliance education program after Justice Tony North of the Federal Court accepted consent orders offered by the company and the Australian Competition and Consumer Commission.
Justice North yesterday accepted the consent orders that had followed a second ACCC action over Westco Jeans placing 'No Cash Refunds' and 'No Returns on Sale Items' signs in stores.
The court orders strengthened the effect of earlier orders obtained against Westco Jeans in early 1998 when Westco Jeans misrepresented consumers' rights.
As a result of the orders, Westco Jeans will extend its trade practices compliance program in duration, content and reach. A component of the new orders is that pamphlets explaining Westco Jean's refund policy will be available at the cash register of all 92 Westco stores Australia-wide so that customers can clarify their rights.
Westco Jeans will have regard to the relatively new Australian Standard for compliance programs AS 3806-98. The revamped compliance program will include comprehensive staff training, where all management and sales staff will become familiar with the rights of consumers.
The orders follow discussion and mediation through the Federal Court.
"By extending the compliance program Westco Jeans is demonstrating a reinvigorated commitment to and understanding of the need for effective compliance programs," Acting ACCC Chairman, Mr Allan Asher, said today. "This commitment is demonstrated by Westco Jeans agreeing to having the program audited by an independent auditor by a compliance professional.
"This case further reinforces the ACCC's dual aims of protecting consumers and also fostering a culture among traders where consumers statutory rights are respected. "Consumers are entitled to a refund, exchange or repair if goods they buy: have a significant fault a consumer could not have known about when the item was purchased; do not match the description; do not do the job a consumer was let to believe the item would do; or does not match the samples shown.
"If there's such a problem with the goods a consumer can choose to accept a refund, exchange or repair".
The ACCC's free refunds rights brochure Warranties and Refunds is available from all ACCC offices and also on the ACCC's website, http://www.accc.gov.au.
Justice North yesterday accepted the consent orders that had followed a second ACCC action over Westco Jeans placing 'No Cash Refunds' and 'No Returns on Sale Items' signs in stores.
The court orders strengthened the effect of earlier orders obtained against Westco Jeans in early 1998 when Westco Jeans misrepresented consumers' rights.
As a result of the orders, Westco Jeans will extend its trade practices compliance program in duration, content and reach. A component of the new orders is that pamphlets explaining Westco Jean's refund policy will be available at the cash register of all 92 Westco stores Australia-wide so that customers can clarify their rights.
Westco Jeans will have regard to the relatively new Australian Standard for compliance programs AS 3806-98. The revamped compliance program will include comprehensive staff training, where all management and sales staff will become familiar with the rights of consumers.
The orders follow discussion and mediation through the Federal Court.
"By extending the compliance program Westco Jeans is demonstrating a reinvigorated commitment to and understanding of the need for effective compliance programs," Acting ACCC Chairman, Mr Allan Asher, said today. "This commitment is demonstrated by Westco Jeans agreeing to having the program audited by an independent auditor by a compliance professional.
"This case further reinforces the ACCC's dual aims of protecting consumers and also fostering a culture among traders where consumers statutory rights are respected. "Consumers are entitled to a refund, exchange or repair if goods they buy: have a significant fault a consumer could not have known about when the item was purchased; do not match the description; do not do the job a consumer was let to believe the item would do; or does not match the samples shown.
"If there's such a problem with the goods a consumer can choose to accept a refund, exchange or repair".
The ACCC's free refunds rights brochure Warranties and Refunds is available from all ACCC offices and also on the ACCC's website, http://www.accc.gov.au.