Consumer Rights, Obligations and Remedies under Australian Consumer Law

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This article discusses the rights, obligations and remedies available to consumers under Australian Consumer Law when purchasing goods and services online. It explains the legal obligations of online retailers and the remedies available to consumers in case of breach. The article also covers topics such as consumer guarantees, privacy obligations, and intellectual property issues.

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Running head: REPORT 0
COMMERCIAL LAW
SEPTEMBER 16, 2019
STUDENT DETAILS:

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REPORT 1
Contents
Introduction......................................................................................................................................2
Rights...............................................................................................................................................2
Obligations.......................................................................................................................................3
Remedies..........................................................................................................................................4
Conclusion.......................................................................................................................................5
Bibliography....................................................................................................................................6
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REPORT 2
Introduction
Normally, the consumer rights are applied at the time of shopping with the Australian online
business. The consumer rights can also be implemented while the buyers purchase from the
overseas online business though the consumer may find it so critical to get the replacement,
repair services , as well as refund for the reason that the business is not depended on Australia1.
In the following parts, rights, obligations as well as remedies that applied to the consumer’s
online purchase of the services and goods are discussed and critically examined.
Rights
At the time of making the business purchase, the Australian Consumer law renders the business
with assured rights2. While the business purchases the services or goods of the value of forty
thousand or less than forty thousand for business use, the law assures that the product should be
secure, long-lasting, with no or less defects, and fit for the purposes. The law also ensures that
the product must be acceptable. The products should be matched with the description or match
with the sample. The law does not avoid additional warranty being provided to the consumer.
The consumers have rights to ensure that the services should be provided with skills, extra care
as well as in the reasonable period. Furthermore, the consumers have similar rights of refund as
they do while purchasing form physical store. In this way, under the Australian Consumer Law,
the products purchased by the customers are included in ‘consumer guarantee’. The business can
also have the personal refund as well as policies of return with more rights, like providing the
refund in case of change of mind. For additional data, it is required to consider the change of
mind page. In a case when it is believed that the consumer has the right to the repair, refund, and
replacement of the products, then the consumers are required to create the request with the
1 James Andrew, The Australian Consumer Law (Springer, 2016)
2 The Australian Consumer Law
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REPORT 3
sellers. In a case when the sellers refuse to honour the obligations as per the Australian
Consumer law, then the customers have a right to discuss with them, what they believe to be
their rights. On the other hand, if sellers maintain the position and they refuse to honour the
guarantee of consumer, in that case the consumers always have a choice to report the retailer to
the Australian Competition and Consumer Commission for further enquiry. In certain cases, the
consumers can also have compensation right for the damages as well as losses3. The consumers
may not look for the remedy if they simply altered the mind regarding the online purchase.
Obligations
Under the Australian Consumer Law, the obligations are very critical for online retailers. The
Australian Consumer Law is a key piece of the law regulating the consumer law in Australia.
The Australian Consumer Law is applicable to the bricks as well as mortar along with online
business in the Australian territories and states. The Australian Competition and Consumer
Commission enforces Australian Consumer Law and examines the potential breach. The online
selling involves some obligations to the consumers4. Online sellers, whether of the services or
goods, have the liabilities towards the buyer. The Australian Consumer Law is applicable to the
Australian business who sells the services as well as products online. As per the Australian
Consumer Law, the online retailers should fulfil the consumer assurances. It should offer the
customers proper remedies while the products or services do not meet the guarantee. It is
required to meet legal obligations while doing business online. The legal obligations are framed
to secure the customers. Furthermore, when the sellers save the contact as well as individual data
from the customers, then under the Privacy Act 1988, it is required to make sure by the seller that
customers are aware of what they are taking. It is an obligation of sellers to also clearly state that
3 Johanna Croser, Global reach of the Australian Consumer Law: Full steam ahead. (Springer, 2019)
4 John Methew, protection to the customers (Oxford University press, 2019)

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REPORT 4
how they would utilise the data5. Additionally, there are certain obligations in relation to the
Intellectual property. The seller may encounter issues related to intellectual property while
operating the online business like trademark infringements as well as potential copyright. In
addition, under Spam Act 20036, this is not legal to send unwanted trading electronic messages.
For this, the seller should have consent to send message to the contact7.
Remedies
The remedies available under Australian Consumer Law are substantial in comparison of the
contract law. The people complaining of misleading conduct can-
1. ask for the compensatory damages (section 236)
2. search for an injunction (mainly applicable to the advertising case) (section 232-
235) or,
3. look for different remedies (a long list of options available to a court, including
rescission of contract in whole or in part, modification of a contract and ‘such
order or orders as (the court thinks appropriate’), involving substantiation notice,
infringement notice, notice to warn public, disqualification notice, as well as non-
parties consumers compensation (section 237 and 243)
Conclusion
As per the above analysis, it can be concluded that the business, consumers, as well as wide
community are provided some securities under the Australian Consumer Law. In the present
5 The privacy Act 1988
6 The Spam Act 2003
7 Gaun Howells, Handbook of research on international consumer law. (Edward Elgar Publishing, 2017)
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REPORT 5
time, the online business contract are becoming standards for the consumer as well as the
business owners alike. In this way, it is essential to know that how the online contract can
contravene with Australian Consumer Law. Therefore, under Australian Consumer Law, various
rights, obligations, and remedies are available to conduct online business.
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REPORT 6
Bibliography
A. Articles/Journals/Book
Andrew, J, The Australian Consumer Law (Springer, 2016)
Croser, J, Global reach of the Australian Consumer Law: Full steam ahead. (Springer,
2019)
Howells, G, Handbook of research on international consumer law. (Edward Elgar
Publishing, 2017)
Methew, J, protection to the customers (Oxford University press, 2019)
B. Legislatures
The Australian Consumer Law
The Privacy Act 1988
The Spam Act 2003
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