281 results, showing 61 to 80
On 25 November, 2009 the ACCC accepted a request to vary the undertaking provided by Spray Pave Australia Pty Ltd (SPA) on 7 July, 2009. The variation amends the dates on which SPA's advertising first appeared on certain websites.
Yarrabee Investments Pty Ltd (Yarrabee Investments) carries on the business of selling furniture products, including bedding products, through two retail stores in Victoria under the trading names Leather Lounges Direct and Dekabu Leather.
International Beauty Supplies (IBS) carries on the business of importing, distributing, wholesaling and retailing beauty products in Australia.
Yuwah Holdings Pty Ltd (Yuwah) employs all staff involved in the business of IBS and provides administration services to IBS.
IBS supplies goods to 28 distributors across Australia who on-sell IBS goods to professional salons.
In February 2008 IBS:
entered into Distributor Agreements for the supply of goods on standardised terms, one of the terms of which was that the distributor would not sell the goods at a price less than a price specified by IBS as follows:
‘Prices 5(3) - The Buyer will sell the Goods at the Suppliers published wholesale price including GST with the recommended retail price for those businesses detailed in item 3(a) who may sell non-professional Goods to consumers.’
sent a letter to distributors notifying that IBS would not supply goods unless the Distributor Agreement was signed, thereby making it known that IBS would not supply goods to distributors unless they agreed not to sell IBS goods at a price less than a price specified by IBS; and
provided distributors with price lists and catalogues containing a statement of a price that was likely to be understood by distributors as the price below which IBS goods were not to be sold.
IBS admits that in engaging in the conduct described above, it is likely to have contravened section 48 of the Act.
Upon being made aware of the ACCC’s concerns, IBS and Yuwah have offered an Undertaking to the ACCC pursuant to section 87B of the Act that they will not to engage in similar conduct for a period of three years.
International Beauty Supplies has offered an undertaking that it will:
write to its distributors advising them of the ACCC’s concerns and that they are free to determine the prices at which they advertise and sell IBS goods;
vary the Distributor Agreement to delete the ‘Prices’ clause; and
review its existing Trade Practices Compliance Program.
Snooze Management Pty Ltd and Snooze Sleep Well Pty Ltd (‘Snooze’) are the owner and franchisor of 70 Snooze bedding retail stores across Australia.
From 6 October 2008 to 2 November 2008, Snooze ran a national “50 months Interest Free” marketing campaign whereby many products were promoted in its retail stores using comparison pricing in the ‘Was $X Now $Y’ format.
An ACCC audit of Snooze retail stores revealed that a number of the products had not been offered for sale or sold at the ‘Was’ prices for a reasonable period immediately prior to the October campaign.
Snooze admits the ‘Was’ prices were actually a reference to their own internally-set recommended retail prices, rather than the price at which their products were offered for sale or sold for a reasonable period immediately prior to the October campaign.
Snooze therefore admits that their ‘Was/Now’ pricing during their October campaign is likely to have misled or deceived consumers in breach of sections 52 and 53(e) of the Trade Practices Act 1974.
Upon being made aware of the ACCC’s concerns, Snooze have offered an Undertaking to the ACCC pursuant to section 87B of the Act that it will:
not engage in similar conduct;
display in-store corrective notices;
publish an information notice in FB Magazine;
write an apology letter to customers known to have purchased a product promoted in-store by ‘Was/Now’ pricing during their October campaign and will offer them a $50 gift voucher;
establish and implement a trade practices compliance program; and
write a letter to franchisees offering trade practices compliance training.
On 11 November 2009, the ACCC accepted an undertaking from Woolworths Limited and Carboxy Pty Limited (a joint venture between Woolworths and Lowe’s, a US Home Improvement retailer) in relation to the proposed acquisition of Danks Holdings Limited by Carboxy.
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from one of Australia’s largest online department stores, Auction Alliance Pty Ltd trading as Deals Direct (www.DealsDirect.com.au).
Auction Alliance sells a wide variety of goods including kitchen items, furniture, computers, electronics, jewellery, tools, fitness equipment, alcohol, manchester, musical instruments and toys.
The ACCC raised concerns with Auction Alliance that its warranties and returns policy breached the Trade Practices Act 1974 because it contained misleading and false information about consumers’ warranty and refund rights.
The ACCC was concerned about statements to the effect that:
where a good is damaged or faulty the consumer is only entitled to a remedy if they make a claim within 30 days from the date of dispatch by Auction Alliance and no further warranty is available;
the consumer is required to pay any shipping costs incurred in returning the faulty good to Auction Alliance if it is returned after 30 days from the date of original dispatch by Auction Alliance;
the consumer will only be entitled to a refund if a replacement product cannot be provided by Auction Alliance; and
in the case of some products Auction Alliance does not provide any warranty and consumers must deal directly with the supplier or manufacturer.
The ACCC was also concerned about materials, including warranty information, supplied with the ‘Ultimate Pilates Workout Chair’ purchased by consumers from Auction Alliance.
The materials suggested the UPW Chair was manufactured and warranted by Guthy-Renker Australia Pty Ltd when this was not the case.
Auction Alliance has admitted its warranties and returns policy contained false and misleading statements about consumers’ statutory warranty rights.
It has also admitted to misleading consumers about the manufacturer of the UPW Chair.
Auction Alliance has undertaken to amend its warranties and returns policy and place notices on its website and in its daily e-newsletters explaining its conduct.
It has also agreed to consider warranty claims for faulty products purchased since 1 September 2008 where consumers may not have pursued a remedy because of Auction Alliance’s admitted false and misleading statements.
Auction Alliance has also agreed to write to consumers who purchased the UPW Chair offering to either provide a warranty on the same terms as the Guthy-Renker warranty or provide a full refund of the purchase price (including postage).