‘False advertising’ leaves furious Aussie online shopper out of pocket
An “appalled” Aussie online shopper has been refused a refund – despite her formal dress appearing nothing like advertised.
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Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems. This week, our resident lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise an online shopper on her consumer rights.
QUESTION: I recently bought what looked like a beautiful formal dress from a well-known Australian online fashion company for my cousin’s wedding. But when it arrived, I was appalled to see the fabric looked cheap and nasty in real life.
There were also lots of loose threads on the dress and, worst of all, it was extremely low cut. Let’s just say if I wore it to the wedding, it would have been borderline X-rated.
Basically, it looked very, very different to the online pictures. When I initiated the return process, I was told that I could not get a refund, only a credit note. I wouldn’t mind if I had simply changed my mind, but the dress wasn’t fit for purpose. Can I force the company to give me back my money? – Maddison, Qld
ANSWER: Online shopping can be so convenient – and sometimes cheaper – but the problem is you can’t try on the clothes to assess the quality or fit.
Because you have purchased from an Australian online retailer, then all of your usual rights to a replacement, repair or refund apply.
It is far more straightforward than situations when the purchase is made through an overseas retailer.
The Australian Consumer Law outlines certain warranties, or guarantees, that protect purchasers of goods worth less than $40,000 (or more than $40,000 if they are used for personal or household purposes).
These guarantees apply to different types of shopping in Australia, whether it be in store, online, sale items or second-hand products from a business.
Purchases from a private seller, like a garage sale, are not covered.
The seller, in your case the fashion retailer, must guarantee the product:
• Is safe, free from defects and durable (arguably ‘cheap and nasty’ fabric with loose threads does not satisfy this)
• Does everything you would expect it to, everything you were told it would do and any purpose you made the seller aware you needed it to do
• Matches the description of the sample you were shown, on the advertisement, packaging or as described by the seller online
• Meets any extra promises made by the seller about what the product would do or its quality (such as a lifetime warranty)
A business cannot modify these guarantees, or have you sign away your rights.
This means that ‘no refund’ signs/clauses or ‘exchange only on sale items’ are unlawful as they imply that if the product is defective, a refund will not be offered.
However, a ‘no refunds’ policy for pure change of mind by the buyer is acceptable.
When things go wrong you will have the right to a repair, replacement or refund.
When it’s a minor problem, the seller can choose the remedy.
Where it is a major issue, as it sounds like this is – not matching the description on the photos online and being poor quality – then you can choose.
As the dress didn’t meet the advertised description then – despite what the retailer is saying – you can return it for a credit note, exchange it, or possibly ask for a refund.
We would suggest you prepare a letter or email to the retailer which details:
• An explanation as to why you purchased the dress (you intended to wear it to a wedding)
• Details about why the dress is not suitable to wear to the wedding and a photograph of you in the dress showing this
• Screen shots of the dress from the retailer’s website, including pictures and the description
• A description of the poor quality fabric and loose threads, including photos
You should send your letter confirming that you have the right under the Australian Consumer Law to request a refund because the dress was faulty and didn’t meet the advertised description.
Also, you should advise the retailer that if you don’t hear from them within a specified period of time, you will make a complaint to the Office of Fair Trading, which is the consumer protection agency in your state.
The Office of Fair Trading will be able to provide advice about what to do next if you aren’t able to resolve the issue directly with the retailer.
Finally, if you paid for the dress with a credit card, then you may consider lodging a “chargeback” request with your card provider as the dress was not as described.
If you have a legal question you would like Alison and Jillian to answer, please email stories@news.com.au. Get more from Alison and Jillian on their Facebook page.
Originally published as ‘False advertising’ leaves furious Aussie online shopper out of pocket
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