Dooley Blog

With the proliferation of customers seeking to do their Christmas shopping online from Australia and overseas, the ACCC advises it will be closely monitoring complaints about e-commerce during the December and January periods. They will target non-disclosure of terms and conditions and failure to provide refunds where appropriate, including non-delivery.

ACCC Chairman, Professor Allan Fels advises "Consumers should be vigilant, especially during this high spending time of year". The ACCC recommends consumers act promptly if they experience difficulties with an on-line transaction.

Businesses should engage in full disclosure and behave in a credible fashion. Businesses can measure their online selling behaviour against the Best Practice Model guide which includes prominent disclosure of address, phone and e-mail contacts, all relevant terms and conditions, total cost of item, refund and exchange policies and procedures, privacy policies and methods of addressing consumer complaints (http://www.accc.gov.au/content/index.phtml/itemId/87933/fromItemId/378012). The ACCC also “encouraging consumers to check websites for these disclosures before giving any personal information or payment to on-line businesses".

If you do have problems with your purchase or just want to source further information, here are some useful links should you have issues with your purchase.

Australian Competition and Consumer Comission

Stay Smart online

Consumers online

If you require assistance with drafting or reviewing your businesses Terms and Conditions ensuring that you comply with the Australian Consumer Law, some provisions of which will commence on 1st of January 2012, contact Dooley and Associates on (02) 9890 4755 for assistance.

Facebook, Twitter, Linked In. All are part of the new methods of “connecting” with friends, business colleagues and customers. One easy thing to forget when using these new, ever-evolving and growing social media outlets is ensuring that you adhere to the rules and guidelines of the medium you are using. Facebook advertising is one of the new, cost-effective and lucrative ways to advertise your business.

Recently a business ran a promotional campaign on Facebook and notified the winner directly through Facebook, and were promptly issued with a warning by Facebook, and cautioned about the possibility of having their page cancelled.

They had made the fatal error of not adhering to one of the rules.

If you are considering using Facebook as an advertising medium for your business, ensure you read, agree and adhere to the “Promotion Guidelines” provided by Facebook. The current version available on the Facebook site is as follows:

“If you use Facebook to communicate about or administer a promotion, you are responsible for the lawful operation of that promotion, including the official rules, offer terms and eligibility requirements (e.g., age and residency restrictions), and compliance with regulations governing the promotion and all prizes offered in connection with the promotion (e.g., registration and obtaining necessary regulatory approvals)

• Promotions on Facebook must be administered within Apps on Facebook.com, either in a canvas page or an app on the page tab.

• Promotions on Facebook must include the following:

• A complete release of Facebook by each entrant or participant

• Disclosure that the participant is providing information to (disclose recipients of information) and not to Facebook

• You must not use Facebook features or functionality as a promotions registration or entry mechanism. For example, the act of liking a page or checking in to a place cannot automatically register or enter a promotion participant.

• You must not condition registration or entry upon the using taking action using any Facebook features or functionality other than liking a page, checking in to a place or connecting to your app. For example, you must not condition registrations or entry upon the user liking a wall post or commenting or uploading a photo on a wall

• You must not use Facebook features or functionality, such as the like button, as a voting mechanism for a promotion

• You must not notify winners through Facebook, such as through Facebook messages, chat or post on a profile or page

• Ads may not imply a Facebook endorsement or partnership of any kind. All other ads and landing pagers may not use our copyright or trademark (including Facebook, the Facebook and F logos, FB, Face, Poke, Book, and wall) or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission “
  
  
  

It’s important that you ensure that you always do read the terms and conditions or guidelines of any site that you are using for a business or personal purpose, even though they are lengthy!

If you have questions regarding the Terms and Conditions you are bound by, or need your Terms and Conditions reviewed,

contact us.