Undertaking date

Undertaking type

s.87B undertaking

Section

Sections 18, 29(1)(m) and 33 of the ACL

Company or individual details

  • Name

    Ozsale Pty Limited

    ACN

    118 610 987

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Ozsale Pty Limited (Ozsale) in relation to Terms & Conditions displayed on its websites, including Ozsale.com.au, OO.com.au, BuyInvite.com.au, DealsDirect.com.au and TopBuy.com.au.

Ozsale has also paid a penalty of $10,800 following the issue of one Infringement Notice by the ACCC.

Ozsale is an unlisted Australian company which owns and operates the above mentioned websites. The websites operate as online stores offering consumers access to clearance-style sales for a range of products.

The ACCC was concerned that the Terms & Conditions displayed on Ozsale’s websites included a number of false or misleading representations to consumers regarding their consumer guarantee rights.

Ozsale has accepted that its conduct is likely to have given rise to the ACL concerns identified by the ACCC. To address the ACCC’s concerns, Ozsale has provided the ACCC with a section 87B undertaking that it will:

  • publish a single refunds and remedies policy to be used across all online sales platforms operated by Ozsale that accurately reflects consumers’ relevant rights and remedies under the ACL
  • implement a compliance program, including compliance training and a complaints handling procedure, in order to minimise the risk of future contraventions and ensure its awareness of the ACL, and
  • implement a mystery shopper program in order to increase awareness of, and minimise the risk of Ozsale breaching, its ACL obligations.