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Dell Australia Pty Ltd has provided a court enforceable undertaking to the ACCC in response to concerns over its warranty and refund policies.
The undertaking acknowledges that from January 2008 to May 2010, Dell provided to its customers information that may have misled those customers about their statutory warranty rights, and responded to customer complaints in a manner not in accordance with consumers’ statutory warranty rights.
As part of the undertaking accepted by the ACCC, Dell will:
email all customers who purchase products directly from Dell in the next three years, and publish on the Dell website for a period of three years, a notice outlining the warranty rights of consumers;
publish an advertisement in the Weekend Australian newspaper notifying the public of the ACCC’s investigation and inviting consumers to contact Dell if they wish to have their claims reassessed; and
upgrade its existing trade practices compliance program.
National Foods Limited (National Foods) packages and sells brands of orange juice labelled as 'Berri Australian Fresh' and 'Daily Juice Company'.
The ACCC considered that the Berri Australian Fresh packaging suggested to consumers that it only contained recently squeezed juice when in fact the products within this range may contain a blend of fresh juice and aseptically stored juice.
Aseptically stored juice is juice that has been stored in sterile bags, typically for less than 12 months, after the juice has been extracted.
Power Balance Australia Pty Ltd (Power Balance) claimed that their wristbands and pendants improve balance, strength and flexibility and work positively with the body's natural engergy field.
Mr Hamanth Ravi, trading under the business name Salaam Bollywood, is a sole trader carrying on business at Shop 2, 4 Lansdowne Street, Parramatta, New South Wales.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including West Coast Liquor Merchants WA Pty Ltd met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Pinard Pty Ltd t/as Como Liquor Store met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Cellsan Pty Ltd t/as Sandringham Cellars met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Kalbarri Holdings Pty Ltd t/as Greenfields Liquor Store met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Raincroft Holdings Pty Ltd t/as Big Brews Liquor Warnbro met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including My Liquor Pty Ltd t/as Liquor in the valley met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Catimist Pty Ltd t/as The Beer Store met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Breakspear Nominees Pty Ltd t/as Liquor Barns met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Warehouse Liquor WA Pty Ltd t/as OP's Tavern met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
In or about November 2009 ten liquor retailers trading in the Perth metropolitan area including Kelly Bros Investments Pty Ltd t/as Liquor Barons met and agreed to jointly advertise packaged liquor in the West Australian newspaper (West Australian) at specific prices and subsequently placed a number of advertisements in the West Australian.
Fantastic Holdings Limited is the ultimate holding company of furniture retailers Fantastic Furniture Pty and D. Gallery Pty Ltd.
On 17 December 2010, the ACCC accepted the undertaking of Mr Dugald Ferguson Currie a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Currie agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 17 December 2010, the ACCC accepted the undertaking of Mr Takayuki Tajima a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Tajima agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
On 17 December 2010, the ACCC accepted an undertaking (the Undertaking) from OneSteel Limited (OneSteel) in relation to the proposed acquisition of Moly-Cop S.a.r.l., including a 40% shareholding in Donhad Pty Ltd (Donhad)(the Proposed Acquisition).
On 16 December 2010 the ACCC accepted an undertaking (the Undertaking) from Aspen Pharmacare Holdings Limited and Aspen Asia Pacific Pty Ltd (together, Aspen) in relation to Aspen's proposed acquisition of Sigma Pharmaceuticals Limited's Pharmaceutical Division.
The Undertaking provides for Aspen to divest all products containing prednisone and prednisolone which are currently marketed and supplied by Sigma under the Sone and Solone brand names respectively and all products containing penicillin V which are currently marketed and supplied by Aspen under the LPV brand name.
The Undertaking aims to maintain competition through the creation of a viable, effective, stand-alone, independent and long term competitor for the supply of each of the divested products.
From at least 1 August 2008 to 29 July 2010 M Webster Holdings Pty Ltd trading as David Lawrence, Jigsaw and Marcs displayed refund policies on receipts and signs which stated the stores would not offer an exchange, refund or credit on sale goods.
In response to the ACCC's concerns M Webster Holdings Pty Ltd have paid penalties in the amount of $19,800 in respect of three Infringement Notices issued by the ACCC under section 87ZE of the Act for contraventions of section 53(g) and offered an undertaking pursuant to section 87B of the Act.
The ACCC has accepted court enforceable undertakings from M Webster Holdings Pty Ltd that it:
will not make false or misleading representations regarding the existence, exclusion or effect of any warranty, right or remedy;
will ensure that all refund statements made by it and each of its stores complies with the Act;
will display corrective notices on its website for at least 28 days;
will send a corrective notice by email to members of each brand's loyalty program; and
will implement a Trade Practices Compliance Program.
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