Overstockoutlet Pty Ltd - s.87B undertaking

Overstockoutlet Pty Ltd (ACN 099 229 553) is an online supplier of a wide range of products which it retails directly to consumers through their online store, www.oo.com.au. As part of its product range, Overstockoutlet imported and distributed a Freestyle 51cm Steel Frame Bicycle. Pedal bicycles are subject to a prescribed consumer product safety standard (AS/NZS 1927:1998).

Testing revealed that the bicycles failed to meet the labelling and performance requirements of the standard. The ACCC was also concerned that the description used to promote the bicycle as being suitable for freestyle riding when it was labelled as being unsuitable for stunt riding may be misleading. Following this advice Overstockoutlet withdrew the bicycles from sale.

Overstockoutlet has provided Court enforceable undertakings to the ACCC that it will:

• not supply bicycles which do not comply with any prescribed consumer product safety standards in force at the time;
• not promote a bicycle as being suitable for freestyle or trick riding when it is labelled as being unsuitable for stunt riding; and
• withdraw the bicycles from sale.