Terms & Conditions
Please choose carefully!
Items ordered on line or in store:
Our return policy complies and adheres to the Fair Trading Act (WA). It is designed to be fair to traders and customers alike.
We will NOT accept returns for the following reasons:
- The wrong article was selected
- The wrong size was purchased
- The wrong colour was purchased
- Too many of the same article were purchased
We will accept returns if:
- The item has a fault not detectable at the time of purchase.
- The item is not the same as described by the salesperson, or on a label or sign.
- The items do not match the sample shown.
- The item is not suitable for the customer’s intended use as prescribed to the salesperson before the purchase
Occasionally we may allow exchanges; however, a 20% restocking fee will apply to the returned goods. A decision on such rare occasions is made only by the manager on a case by case basis and will never be considered for items that were purchased or received more than 24 hours prior. No refunds are available for goods that were specially ordered for a customer. We do not refund the cost of postage.
Further information in regards to the act:
What is the Act intended to do
The Western Australian Fair Trading Act 1987 (the Act) contains similar provisions to
the consumer protection provisions contained in Part V of the Commonwealth Trade
Practices Act.
It imposes sanctions against a wide range of unfair trading practices. It also allows
product safety and information standards to be set and codes of practice to be
developed between suppliers and customers.
Prohibited and unfair trading practices
Misleading or deceptive conduct
Misleading or deceptive conduct leads people to hold false beliefs or draw wrong
conclusions. Conduct which is capable of misleading or deceiving is also sufficient to
breach the law if it occurs in the course of business.
Conduct may fall within this prohibition even if the trader did not intend to mislead
or deceive anyone and even if consumers would not have been misled had they not
been careless or had made appropriate enquiries.
There are also provisions in the Act which prevent the making of false representations.
For example, a person or business should not claim goods or services:
• are of a standard or quality that they are not;
• have uses or benefits they don’t have; or
• have the endorsement of a person or organisation when they do not.
They also should not:
• offer prizes or gifts unless they intend to supply them as offered;
• accept payment for goods or services if they intend to supply something materially
different; or
• make false or misleading statements about the place of origin of goods or services.
Unconscionable conduct
Unconscionable conduct is unfair or unreasonable commercial conduct which results
from a stronger party to a transaction taking advantage of that position. For example:
• where there is no real opportunity for the weaker party to exercise a choice;
• where the supplier knew or ought to have known that the consumer did not fully
understand the transaction;
• where the sales techniques, by their very nature, produce a disadvantage to the
other party; or
• where a contract is extremely one-sided.
All forms of coercion or harassment must be avoided by traders in their dealings with
consumers.
Implied conditions and warranties in consumer contracts
The Act implies a number of conditions and warranties into all contracts with consumers.
In relation to the supply of goods there are implied conditions that:
• the supplier has the right to sell the goods and that
the goods are free of any encumbrance other than those disclosed;
• the goods correspond with any description or sample given in the course of negotiations; and
• the goods are of merchantable quality and reasonably fit for the purpose for which they
are sold.
In relation to the supply of services conditions are implied that:
• the service will be rendered with due care and skill;
and
• any materials supplied in connection with the service will be reasonably fit for the purpose.
It is not possible to prevent these conditions and warranties from being part of the consumer contract. It is also an offence for a person in trade or commerce to make a false or misleading claim about the existence or effect of any warranty, condition right or remedy relating to the supply of goods or services.
Product safety and information standards
There are four types of compulsory product standards which can be established under the Fair Trading Act:
• safety standards which require goods to comply with particular design rules or to display certain
warning labels;
• information standards which require prescribed information to be given with the goods;
• quality standards which consist of requirements for the construction, testing and labelling of materials;
and
• packaging standards which aim to prevent deceptive packaging or ensure that packaging is
convenient to the consumer. Standards may be established to help inform the people who sell and use the goods or services. They assure customers who buy a product that it complies with a minimum level of quality, construction and design.
Standards are usually developed by the Australian Standards Association and made mandatory.
The Commissioner for Consumer Protection also has power under the Act to issue public warning notices about dangerous goods and to order suppliers to recall consumer goods with safety related defects.
Further information
http://www.commerce.wa.gov.au/consumerprotection/