The Australian Competition and Consumer Commission has pursued further action in the Federal Court Melbourne against Westco Jeans (Aust) Pty Ltd for allegedly breaching court orders made in February this year.
Action was taken by the ACCC late last year following complaints from consumers that Westco was misrepresenting the right of consumers to obtain refunds.
The ACCC alleges that Westco, a Melbourne based clothing retailer with stores nationally, continues to misrepresent the rights of consumers to obtain cash refunds by placing signs prominently in its stores.
The ACCC seeks to ensure that Westco complies with the February court orders, namely that the company refrains from making false representations with regard to consumers’ rights to a refund, and that the trade practices corporate compliance program be implemented in an effective and comprehensive manner to avoid misleading consumers in the future.
A consumer is entitled to a refund, exchange or repair (depending on their choice) if goods:
- have a significant fault a consumer could not have known about when the item was purchased;
- do not match the description;
- do not do the job a consumer was led to believe the item would do; or
- do not match the samples shown.
For consumers and businesses wanting to know more about refund rights the ACCC has a brochure Warranties and Refunds which provides examples of where and when a refund is due. It makes timely reading with Christmas and New Year trading at its peak.