Company or individual details
- Wiggle Limited
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Wiggle Limited (Wiggle) in relation to misleading representations about consumers’ statutory rights under the Australian Consumer Law (ACL) that were likely to contravene sections 18 and 29(1)(m).
Wiggle is a UK-based online retailer that sells sports equipment and clothing to Australian consumers via its www.wiggle.com.au website.
In response to consumers who claimed that they were entitled to a remedy under the ACL, Wiggle customer service staff made the following representations:
• Wiggle is not subject to the ACL;
• When dealing with a major failure, the consumer needed to contact the manufacturer rather than Wiggle; and
• Wiggle would not provide a refund for a faulty product as the product had been used.
Until recently, the Wiggle website (www.wiggle.com.au) also contained statements that:
• “You are entitled to returns as per UK Consumer Law”; and
• “Wiggle Terms and Conditions shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.”
To address the ACCC’s concerns, Wiggle provided the ACCC with a section 87B undertaking that acknowledges Wiggle’s conduct was likely to contravene the ACL, and commits to implementing an ACL compliance program