Super A-Mart Pty Ltd - s.87B undertaking

Super A-Mart is a furniture retailer, with 24 stores across Queensland, New South Wales and Western Australia.  It regularly promotes its sales via catalogues, television and radio advertisements.

Some of Super A-Mart’s advertisements in 2007 contained representations which were qualified by fine print disclaimers which were not sufficiently prominent and were too imprecise to adequately qualify the representations.

The ACCC considers Super A-Mart’s conduct may constitute misleading and deceptive conduct in contravention of section 52 of the Trade Practices Act.  Super A-Mart admits the conduct and acknowledges the ACCC’s concerns.

Super A-Mart provided undertakings that it will:

• clearly label display stock as not for sale
• review the size of symbols used in its catalogues (such as asterisks) which are intended to refer consumers to qualifying terms and conditions located elsewhere in the catalogue
• review the wording used in disclaimers (written and oral)
• display public notices in store and on its website
• review and, if necessary, improve its internal Catalogue Review Process and TV and Radio Advertisement Review Process, to increase the accuracy and consistency of its advertising
• implement a Trade Practices Compliance Program, including Trade Practices training.