The Australian Competition and Consumer Commission has today announced undertakings from major Australian clothing retailer JeansWest over a potentially misleading refund policy.
In response to a notification received from the ACCC, JeansWest has arranged the immediate withdrawal of the potentially misleading refund policy and the briefing of staff as to consumer refund rights.
The quick response by JeansWest is regarded by the ACCC as a positive demonstration of commitment by the jeans retailer to the statutory refund entitlements of consumers.
"The ACCC views the misrepresentation of a consumers' statutory right to obtain refunds very seriously and has a history of seeking judicial intervention to prevent such conduct from continuing," ACCC Chairman, Professor Allan Fels, said today.
"This makes the swift and pro-active response by JeansWest all the more pleasing as it demonstrates the joint commitment of the ACCC and JeansWest to fostering a corporate culture in which consumer statutory rights are respected."
Managing Director of JeansWest Australia, Mr David Lawn, said the company took great care in its customer service program.
"We pride ourselves in the high levels of customer satisfaction continually acknowledged in our ongoing research," he said. "Therefore when it was pointed out by the ACCC that our present refund policy was potentially in breach, we took immediate steps to rectify it."
Under the Trade Practices Act 1974 consumers are entitled to a refund, exchange or repair (depending on his or her choice) if the item:
- is faulty or defective;
- is not fit for the purpose specified prior to purchase; or
- does not match the sample or description.
Further information regarding statutory rights of consumers is set out in the ACCC publication, Warranties and Refunds, which is available free of charge from all ACCC offices or alternatively from the ACCC website, http://www.accc.gov.au.