Key Provisions Relevant to Online Orders
- Right to Information in Plain Language
- Online sellers must provide clear, accurate, and understandable information about products and services.
- Pricing, terms of sale, and any applicable fees must be transparent.
- Right to Cancel Within a Cooling-Off Period
- The CPA provides consumers a cooling-off period (generally five business days) for goods or services purchased via direct marketing.
(Direct Marketing means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services.) - For online orders, this allows customers to cancel their purchase and receive a refund, excluding direct marketing-related delivery costs, under specific conditions.
- Delivery of Goods and Services
- Sellers are required to deliver goods as agreed upon in terms of quality, quantity, and time.
- If the seller fails to deliver within the agreed timeframe, the consumer has the right to cancel the transaction and receive a full refund.
- Right to Return Goods
Consumers can return goods in the following circumstances:
- Defective or unsafe products: If the product fails to meet quality standards, it can be returned within six months of delivery for repair, replacement, or a refund.
- Incorrect or unordered items: If a consumer receives the wrong item, they can reject it upon delivery and request the correct item or a refund.
- Cooling-off period: As stated above, returns may also occur during the cooling-off period for direct marketing purchases.
- Electronic Communication Protections
- Sellers must adhere to rules regarding electronic communication, including email marketing, ensuring that consumers can opt out of receiving unsolicited communications.
- Display and Pricing Errors
- If a product is incorrectly priced, the seller must honor the displayed price unless the error is obvious and would have been recognised by a reasonable consumer.
Consumer Responsibilities
- Inspect Goods on Delivery: Consumers are encouraged to check items upon delivery to ensure they match their order and are in good condition.
- Understand Terms of Sale: Consumers should read and understand the terms and conditions of online purchases, especially return and refund policies.
Recourse for Consumers
If a consumer believes their rights under the CPA have been violated, they may:
- Lodge a complaint with the supplier.
- Escalate the matter to the Ombudsman.
- Refer the matter to an Alternative Dispute Resolution agent for assistance.
Pursue legal action in small claims courts for smaller disputes.
