The ACCC has accepted a court-enforceable undertaking from Woolworths Group Ltd trading as BIG W (Big W) in which Big W admits it may have breached the Australian Consumer Law by making false or misleading representations when dealing with customers who purchased faulty Dyson appliances.
The ACCC was concerned that between at least 30 December 2016 and 30 April 2018, Big W’s customer service staff told consumers who complained about faulty Dyson appliances that they would need to deal directly with the manufacturer to obtain a remedy if the complaint was made more than 14 days from the date of purchase.
“Big W has acknowledged that its conduct may have misled consumers about their rights to a repair, replacement or a refund for faulty products,” ACCC Commissioner Sarah Court said.
“Consumers have a right to ask the business they have purchased a faulty product from for a repair, replacement or even a refund, depending on the seriousness of the fault” Ms Court said.
“Retailers cannot shift their responsibility to manufacturers or set an arbitrary time limit on their obligations under the consumer guarantees.”
As part of the undertaking, Big W will publish a notice on its website, inviting consumers to contact Big W if they believe they have purchased a faulty Dyson appliance.
Big W will review all consumer queries about faulty products in line with its obligations under the Australian Consumer Law. This includes Dyson appliances previously purchased from Big W.
Big W has also undertaken to review and improve its Australian Consumer Law compliance program for Big W retail staff.
A copy of the undertaking can be found here: Woolworths Group Ltd trading as BIG W
This undertaking relates to conduct undertaken by Big W between at least 30 December 2016 and 30 April 2018 regarding Dyson appliances only.
The ACCC encourages any consumer to contact a retailer where they believe a product they have purchased isn’t fit for purpose and to exercise their consumer guarantees in seeking a remedy.
Consumer guarantees under the Australian Consumer Law provide remedies for consumers if a product they purchase is faulty. Consumers can choose to have a product replaced or repaired or to obtain a refund if there is a major fault. The retailer can choose the remedy for minor faults.
Further information about consumer guarantees can be found on the ACCC’s website: Consumer guarantees
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