Advertising and selling guide

Your rights as a business

Businesses also have certain rights and protections under the ACL. It is important you are aware of these and we want to hear from you if you are aware that your competitors, suppliers or other businesses are breaking the law. For example:

  1. another business cannot wrongly compare their products to your products in a way that misleads consumers, see Two-price comparison advertising
  2. you are entitled to set and raise your prices independently as you see fit, see Carbon price claims
  3. generally speaking, where your competitors display a price, it should be a total price of the goods or services, see Pricing
  4. your competitors cannot post negative reviews which are not based on a genuine opinion about you on online product review sites, see Other promotional techniques
  5. you have spent money to ensure that your labeling complies with the ‘warranty against defects’ requirements under the ACL but you notice your competitor has not done so, see Warranties against defects
  6. your competitors cannot make inaccurate premium or credence claims to your disadvantage, see Marketing claims that require extra care - premium and credence claims
  7. you are not obliged to give a customer a refund if they simply change their mind, or find out they can buy the product cheaper elsewhere, see Consumer guarantees

You can lodge a complaint with the ACCC about these or any other breaches that come to your attention. For more information about your rights and protections under the ACL, visit the ACCC website (www.accc.gov.au) or call the ACCC small business helpline on 1300 302 021.