E-tail & the details: consumer guarantees & overseas e-tailers
There wouldn’t be many people left who haven’t purchased something from overseas. E-commerce is booming here and overseas. But while it’s great for consumers and opens up new markets for businesses, it isn’t without its legal issues. For example, do the rules preventing companies from misleading and deceiving consumers in Australia apply to statements made by overseas companies over the internet to persons in Australia? (Yes they do – see, for example, ACCC v Chen.) But what about consumer guarantees like the statutory guarantee that goods will be of an “acceptable quality” and the associated right to a refund if there is a major failure to comply with that guarantee? Do they apply to the supply of goods by companies overseas? Well, this question has been raised by a new case brought by the ACCC against a software company based in the USA. KWM’s Patrick Gunning examines the issue and the arguments the Federal Court will need to consider in this post on our sister blog, In Competition. One for all e-tailers to keep an eye on.
That reminds me – I really should start my Christmas e-shopping soon.