Kyberguard Pty Ltd - s.87B undertaking

Kyberguard Pty Ltd, trading as Soldsmart, is a company that operates an online sales website at www.soldsmart.com.au, advertising and selling a variety of products including ride-on car toys for children of varying ages.

Between 30 November 2007 and 11 June 2008 Soldsmart advertised for sale two types of ride on car toys for children under the age of 36 months, that had small moveable parts:

• Item BC7608RD – Sliding Tractor/Truck
• Item RC6410PK – Electric Hot Rod Race Car

These products were independently tested to ascertain whether they complied with the Australian Standard.  Results identified that both products failed to comply with the Australian Standard, in that parts broke off during testing.

Soldsmart acknowledges that it failed to comply with the Australian Standard, contravening section 65C of the Trade Practices Act.

Soldsmart has undertaken to the ACCC that it will:

• Recall the products and offer a  refund to all customers who have purchased these products;
• Establish and implement a Trade Practices Compliance Program
• Maintain and continue to implement the Trade Practices Compliance Program
• Ensure that all products sold by Soldsmart that are subject to a prescribed consumer product safety standard or information standard under the TPA comply with the relevant standard; and
• Ensure that any test reports for products advertised for sale by Soldsmart are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency or equivalent overseas agency.