TCF Global Limited (Hong Kong CR number 1920784) - s.87B undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from TCF Global Limited (TCF Global) and its director, Hendryk Wijaya in relation to alleged misrepresentations as to the nature and condition of the goods it sold, as well as misrepresentations as to the exclusion or effect of the consumer guarantees contained in the Australian Consumer Law (ACL). TCF Global has admitted that its conduct contravened sections 18, 29(1)(a), 29(1)(c) and 29(1)(m) of the ACL. Mr Wijaya has admitted that he was knowingly concerned in TCF Global’s conduct.

Details about the company

TCF Global is a company incorporated in Hong Kong. TCF Global operates online retailing businesses through the websites www.catchdeal.com.au (CatchDeal Website) and www.techrific.com.au (Techrific Website) through which it sells electronic goods, including mobile phones and tablet computers. Mr Wijaya, a resident of Victoria, Australia, is the sole director of TCF Global.

Details about the conduct

TCF Global sold through the CatchDeal and Techrific Websites refurbished electronic goods, including mobile phones and tablet computers, which it advertised in a manner that was likely to mislead consumers into believing that those products were new, and failed to adequately disclose the fact that those products were refurbished.

Many of the products, both new and refurbished, sold through the CatchDeal and Techrific Websites are international, rather than local, versions of those products. This fact was not disclosed to consumers, even when a consumer was likely to regard this as a relevant consideration in their decision to purchase a product.

TCF Global made misleading representations to consumers about the exclusions or effect of the consumer guarantees contained in the ACL:

• that TCF Global’s warranty policy operates to limit or exclude a consumer’s rights under the ACL
• that refunds for products that sustained major failures could be reduced for subsequent decreases in the ‘market value’ of those products
• that TCF Global was not obliged to include the cost of shipping, including return shipping, in the refund amount for a consumer whose product developed a major failure.

To address the ACCC’s concerns, TCF Global provided the ACCC with a section 87B undertaking to:

• Amend the CatchDeal and Techrific Websites so as to avoid misleading consumers as to whether a product is new, or as to the origin of that product
• Publish a corrective notice on the CatchDeal and Techrific Websites
• Provide refunds to consumers who were
  • incorrectly told they did not have a right to a refund for products that had developed major failures;
  • provided only partial refunds for faulty devices; or
  • misled by TCF Global into believing they were purchasing a new product when that product had been refurbished
• Establish and implement an ACL Compliance Program.

Mr Wijaya provided the ACCC with a section 87B undertaking to:

• Ensure that TCF Global complies with its undertaking
• Not engage in TCF Global’s misleading practices in any other business
• Personally refund any eligible consumer not given redress by TCF Global under its undertaking.