Undertaking date

Undertaking type

s.87B undertaking

Reference number

D10/3721012

Section

s 52, s 53(a), s 55

Company or individual details

  • Name

    Fantastic Holdings Limited

    ACN

    004 000 775
  • Name

    Fantastic Furniture Pty Ltd

    ACN

    003 688 855

Undertaking

Fantastic Holdings Limited is the ultimate holding company of furniture retailers Fantastic Furniture Pty and D. Gallery Pty Ltd.
 
The ACCC considers that between November 2009 and June 2010 Fantastic Furniture has engaged in false, misleading or deceptive conduct by representing that furniture goods referred to in catalogues, television advertisements and on its website were either wholly or predominantly upholstered in leather when, in fact, they were upholstered in wholly synthetic materials, "bonded leather" (also promoted as 'Eurohide" and "Pellissima"), or "combination leather".
 
The ACCC also considers that on at least 1 July 2010 D. Gallery has engaged in false, misleading or deceptive conduct by representing that goods promoted on its website as being upholstered in "bonded leather" were either wholly or predominantly upholstered in leather when this was not the case.
 
Fantastic Holdings and Fantastic Furniture admit that the conduct of Fantastic Furniture and D. Gallery was likely to have contravened sections 52, 53(a) and/or 55 of the Trade Practices Act 1974.
 
Fantastic Furniture and/or Fantastic Holdings have provided court enforceable undertakings to the ACCC they will:

  • not use the terms "leather" or "hide" to describe upholstery that is not wholly leather without clearly disclosing the fact it is not wholly leather;
  • publish a corrective notice on Fantastic Furniture's website and at the point-of-sale at each Fantastic Furniture store; and
  • implement a Trade Practices Compliance Program.