136 results, showing 61 to 80
Undertakings have been provided to the ACCC by The Australian Bush Hat Co Pty Ltd (ABHC) in relation to misleading claims made about its hats.
From 2006 to 2009 ABHC represented, on swing tags and labels attached to the hats, that the Premium Selection and Stateman models were Manufactured in Australia when, in fact, that was not the case.
The hats were substantially manufactured in India then imported into Australia where they were finished by adding various trimmings including a decorative band and chin cord.
ABHC admits that by making the representations it has contravened sections 52 and 53(eb) of the Trade Practices Act 1974.
The ACCC has accepted court enforceable undertakings from ABHC including that it will not engage in similar conduct in the future, that it will publish a corrective notice in the West Australian newspaper and establish and implement a Trade Practices Compliance Program.
Netdeen Pty Ltd is the Franchisor of the G.J. Gardner Homes franchise in Australia and overseas. G.J.
On 21 September 2009, the ACCC accepted the undertaking of Mr Geoffrey Kleeman, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Mr Kleeman agrees to remain an 'Independent Asciano Person'.
On 21 September 2009, the ACCC accepted the undertaking of Mr Malcolm Broomhead, a director of Asciano Ltd and/or its related bodies corporate.
Under the undertaking Mr Broomhead agrees to remain an 'Independent Asciano Person'.
Undertakings have been provided to the ACCC by hypnotherapists Angelo and Susan Sette trading as Stop Smoking in One Hour, concerning misleading representations as to the success rate of their smoking cessation treatments.
During 2008, the Settes claimed in their pamphlets and on their website that 100% of smokers successfully give up smoking after a maximum of four treatment sessions.
The Settes admitted that they could not substantiate these claims and acknowledge that the conduct may have contravened sections 52 and 53(c) of the Trade Practices Act 1974.
The ACCC has accepted court enforceable undertakings from The Settes that they will not engage in similar conduct in the future and will attend a Trade Practices Compliance Seminar.
If consumers attended four hypnotherapy sessions conducted by the Settes and did not successfully stop smoking then they can contact the Settes on (03) 9471 9898 to obtain a refund of the cost of their hypnotherapy sessions.
A corrective notice will be published on their website and in The Australian newspaper.
The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres.
The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market. Coles is a party to a number of the lease agreement which was the subject of an ACCC investigation.
In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets.
To address the ACCC’s concerns, Coles has provided an Undertaking pursuant to section 87B of the TPA.
The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres.
The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market. Woolworths is a party to a number of the lease agreement which was the subject of an ACCC investigation.
In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets.
To address the ACCC’s concerns, Woolworths has provided an Undertaking pursuant to section 87B of the TPA.
Green Tree Corporation Pty Ltd trading as Adventure Travel Bugs is a retail travel agency that provides travel services to backpacker and budget travellers.
Between 25 May 2009 and 31 August 2009, Adventure Travel Bugs caused advertisements for tour packages to be published in TNT Down Under magazines.
These advertisements specified the single (total) price for the package to be $448, but the single (total) price was smaller and less prominent than the component price of $299.
Adventure Travel Bugs acknowledges that it breached section 53C of the Act by failing to properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised.
Adventure Travel Bugs has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
will ensure that all advertising and promotional material complies with the Act, in particular section 53C, for three years
publish various corrective notices in backpacker magazines, in stores and on its website; and
implement a trade practices compliance program.
Peter Pan’s Adventure Travel Pty Ltd (Peter Pan’s) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 31 August 2009, Peter Pan’s caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages.
Peter Pan’s acknowledges that the publication, distribution and display of certain promotional material breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
the material failed to adequately disclose or make clear to consumers that costs were payable in addition to the advertised price; and
some flyers falsely advertised “Free” offers , when customers were required to pay additional costs to take up the offers.
The ACCC and other regulator and consumer protection agencies receive a significant number of complaints every year relating to the advertising and promotional practices of the telecommunications industry.
Wicked Travel Pty Ltd (Wicked Travel) is a retail travel agency that provides travel services to backpacker and budget travellers.
Between at least 25 May 2009 and 18 August 2009, Wicked Travel caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages.
Wicked Travel acknowledges that certain advertisements were misleading or deceptive and breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because:
Wicked Travel did not disclose or make it clear that additional mandatory fees of $130 were payable on top of the advertised price of $299; and
the advertised price of $299 did not reflect the true total price of the package.
Wicked Travel also acknowledges that its advertisements breached section 53C of the Act because the advertisements did not:
specify a single (total) price for the tour package that included all additional mandatory charges quantifiable at the time; or
properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised.
Wicked Travel has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
not make any misleading price representations for a period of three years;
publish various corrective notices in backpacker magazines, in stores and on its website; and
implement a trade practices compliance program.
Image Blinds Pty Ltd (Image Blinds) sells made to measure blinds and awnings in South-East Queensland.
Between November 2007 and March 2009 Image Blinds conducted an advertising campaign in the Sunday Mail newspaper where it advertised certain products at discounts of “30% off”. From about July 2008 until March 2009, Image Blinds advertised discounts of “30% off” all its products.
While Image Blinds regularly changed the name of the sale (for example from ‘Christmas Sale’ to ‘Summer Sale’ to ‘Winter Sale’) throughout the Advertising Campaign, the purported discount remained the same and did not represent any special savings.
Image Blinds admits that:
The savings represented in the campaign were determined by reference to its own internal recommended retail prices, rather than the lower prices at which the products were generally sold.
The “30% off” discounts offered during the campaign did not accurately reflect actual savings available on the advertised products.
Image Blinds accepts that by engaging in this conduct it breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act).
Image Blinds has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will:
not make any misleading price representations for a period of three years;
publish corrective notices on its website, in its retail store and in the Sunday Mail newspaper;
publish an information notice in a relevant industry magazine; and
implement and maintain a Trade Practices Compliance program for a period of three years.
Fang Long Tang Pty Ltd (Fang Long Tang) carries on business as an importer and wholesaler of a variety of goods, including homeware, kitchenware and elastic luggage straps.
In a section 87B undertaking accepted by the ACCC, Fang Long Tang acknowledges that it contravened section 65C(1)(a) of the Trade Practices Act 1974 by supplying 768 "Boboriyong" elastic luggage straps without a warning label as required by regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979.
The non-compliant products were supplied on or about 22 September 2008 to three discount stores in Brisbane operated by Direct Savings Pty Ltd, Direct Savings Stones Corner Pty Ltd and I-Life Factory Pty Ltd.
Under the court enforceable undertaking Fang Long Tang has agreed to ensure that each product it supplies complies with any relevant consumer product safety standard, and to implement a Trade Practices Compliance Program.
Australian Regional Employment Agencies Pty Ltd (AREA) is a recruitment agency whose core business is the supply of farm labour to regional centres throughout Australia.
Mr Shreyas Narayana is employed as AREA's National Recruitment Manager.
In around December 2008, AREA entered into an agreement with Zanok Technologies Pty Ltd (Zanok), an IT company that approached AREA to recruit IT graduates for a paid training course run by Zanok, with a job guaranteed on completion of the training course.
During January, February, March and April 2009, AREA, through Mr Narayana and other employees of AREA, placed advertisements and interviewed applicants on behalf of Zanok, making the following representations:
That successful applicants would obtain guaranteed employment with Zanok at a specified minimum salary on completion of a three month paid training course with Zanok;
That some trainees had already completed the training course and received job offers from Zanok; and
That if trainees proved their abilities to Zanok, they may be hired by Zanok prior to their completion of the training course.
AREA and Mr Narayana have admitted contravening sections 52 and 53B of the Trade Practices Act and have provided the ACCC with a court enforceable undertaking that AREA will:
not engage in conduct that is likely to mislead persons seeking employment as to the availability, nature, or terms or conditions, of that employment;
ensure that all advertisements placed by AREA will be worded so that they do not mislead persons seeking employment and will be reviewed by the General Manager of AREA prior to being placed;
ensure that all representations made to persons seeking employment are accurate in describing the nature and conditions of the employment offered; and
implement a Trade Practices Compliance Program.
Mitre 10 Australia Ltd (Mitre 10) wholesales hardware, building products, outdoor items and homeware products to Mitre 10 licensed members in Australia (Mitre 10 Members).
Mitre 10 Members then sell the goods to consumers.
Mitre 10 held a two day “20% off storewide” sale (the Sale) on 13 and 14 February 2009 for all of its member stores except the Beenleigh Mega store.
The Sale was advertised on television and on its website.
The following terms and conditions applied to the Sale:
20% discount off ticketed prices.
Offer cannot be used in conjunction with any other discount, bonus or other offer (including Manager’s Specials), or with any discount card.
Personal shopping only: no phone orders, online orders, lay-bys, rainchecks, account or trade purchases.
Excludes 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.
While stocks last.
Mitre 10 failed to disclose or adequately disclose in the television and website advertisements that the Sale was in fact subject to conditions that excluded certain types of products.
The ACCC raised concerns that Mitre 10’s failure to disclose or adequately disclose in the television and website advertisements the terms and conditions that applied to the Sale may have contravened the Trade Practices Act 1974 (the Act) by representing that a 20% discount applied to goods offered for sale by Mitre 10 member stores (except the Beenleigh Mega store) “storewide” when this was not the case.
Mitre 10 has admitted its conduct has contravened sections 52, 53(e) and 53(g) of the Act.
It is also noted that between June 2007 and August 2008 Mitre 10 imported and distributed elastic luggage straps that failed to comply with the labelling requirement in sub-regulation 11C of the Trade Practices (Consumer Product Safety Standards) Regulations 1979 (Regulations) and therefore may have contravened section 65C of the Act.
As a result of this conduct, on 17 February 2009 Mitre 10 provided a court enforceable undertaking to the ACCC to not supply non-compliant elastic luggage straps and to establish and implement a Trade Practices Compliance Program.
Mitre 10 has now provided an expanded court enforceable undertaking to the ACCC to take account of its recent conduct in relation to the Sale. Mitre 10 has agreed that it will:
not represent that all or substantially all goods offered for sale by Mitre 10 Members are available for purchase at a discounted price over a specified period when all or substantially all of those goods are not available for purchase at the discounted price over that period;
not make a representation as to the price of goods, including the availability of a discount off the price, without clearly and prominently disclosing all relevant terms and conditions that may affect or change the price paid for the goods or affect the availability of a discount off the price
not offer to supply, supply, or enter into an agreement to supply elastic luggage straps that do not comply with section 65C of the Act and the Regulations; and
establish and implement an expanded Trade Practices Compliance Program which is designed to minimise the risk of future breaches of Part V of the Act, in particular, sections 52, 53(e), 53(g) and 65C.
The undertaking is for a period of 5 years.
Vanderfield Pty Ltd (Vanderfield) is a retailer of motor vehicles and farming equipment, including Hino brand trucks, located in Toowoomba and the Gold Coast.
Sci-Fleet Motors Pty Ltd (Sci-Fleet) is a retailer of motor vehicles, including Hino brand trucks, located in Brisbane.
Following an investigation, the ACCC has reached the view that Vanderfield contravened section 45 of the Trade Practices Act 1974 by making and giving effect to arrangements with Sci-Fleet, a competitor, that:
had the purpose of preventing or limiting the supply of Hino trucks by the parties to a particular class of persons, and
had the purpose or a substantial purpose of, or had the effect or was likely to have the effect of providing for the fixing, controlling or maintaining of, the prices for Hino trucks supplied or to be supplied by the parties in the south east Queensland light and medium truck retail market.
Vanderfield accepts the ACCC’s concerns in relation to the alleged conduct and is addressing these concerns by:
filing a defence admitting the conduct alleged in the ACCC’s statement of claim filed in the Federal Court and making joint submissions with the ACCC as to penalties and other orders; and
offering court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program.
Sci-Fleet Motors Pty Ltd (Sci-Fleet) is a retailer of motor vehicles, including Hino brand trucks, located in Brisbane.
Vanderfield Pty Ltd (Vanderfield), is a retailer of motor vehicles and farming equipment, including Hino brand trucks, located in Toowoomba and the Gold Coast.
Following an investigation, the ACCC has reached the view that Sci-Fleet contravened section 45 of the Trade Practices Act 1974 by making and giving effect to arrangements with Vanderfield, a competitor, that:
had the purpose of preventing or limiting the supply of Hino trucks by the parties to a particular class of persons, and
had the purpose or a substantial purpose of, or had the effect or was likely to have the effect of providing for the fixing, controlling or maintaining of, the prices for Hino trucks supplied or to be supplied by the parties in the south east Queensland light and medium truck retail market.
Sci-Fleet accepts the ACCC’s concerns in relation to the alleged conduct and is addressing these concerns by:
filing a defence admitting the conduct alleged in the ACCC’s statement of claim filed in the Federal Court and making joint submissions with the ACCC as to penalties and other orders; and
offering court enforceable undertakings to the ACCC that it will implement and maintain a trade practices compliance program.
R King Enterprises Pty Ltd, trading as Mocare (SA) (“Mocare”) is an Adelaide based importer and wholesaler of automotive tools and equipment.
In a section 87B undertaking accepted by the ACCC, Mocare has acknowledged that it contravened sections 52, 53(a), 55 and 65C of the Trade Practices Act 1974 by supplying three models of Tool King brand hydraulic trolley jacks with warning labelling that did not comply with the information requirements of a mandatory product safety standard in relation to trolley jacks.
From September 2008 the non-compliant products were supplied by Mocare to retailers in four States.
Upon being notified by the ACCC that the trolley jacks did not comply with the standard Mocare immediately ceased supplying them to retailers.
Under the court enforceable undertaking Mocare has agreed that it will:
undertake a product safety recall of the non-complaint products,
not supply any products that do not comply with the relevant consumer product safety standards, and
implement a Trade Practices Compliance Program.
Second variation
On 24 July 2009 the ACCC accepted a variation to the s87B undertaking given by Kirin Holdings (Australia) Pty Ltd and National Foods to the ACCC on 24 July 2008.
The variation amends the undertaking to provide flexibility to National Foods and the Approved Purchaser in relation to the purchase and sale of certain assets which are required to be divested by the undertaking.
Gemtime Nominees Pty Ltd (Gemtime) is registered in Western Australia and is a retailer of consumer products.
In October 2008, as part of marketplace monitoring, ACCC staff purchased a packet of elastic luggage straps (“6 Pce Stretch Cord 12’18’24") from a retail outlet operated by Gemtime and located in Perth.
The products were imported into Australia by Coast to Coast Imports Pty Ltd.
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