ACT Australian Consumer Law - Online Website Not Following Terms and Conditions?

[Pascale]

Hi,

I've recently bought a formal dress online. I don't make a lot of money but I paid $250 for this dress, which to me is a lot of money. The dress in the photo is pure white and the dress I received is yellowish cream colour. When I ordered the dress, I asked for a rush shipment which they were very helpful with and replied to my emails immediately.

Since I received the dress I've expressed my dissatisfaction and now they take over 24 hours to reply with very blunt and short answers. I've sent photos of the dress I received and they say nothing is wrong with it. Their terms and conditions state that if the item purchased is the wrong colour, etcetera that a full refund would happened but they will not even admit that the dress is the wrong colour.

Any help under Australian Consumer Law would be great as I've had to buy a different dress.

Thank you

 

[Sophea]

Hi Pascale,

Online photographs are notorious for inaccurately representing colours. Due to this, websites often have a disclaimer on their site stating that the actual colour of the garment may be different to how it appears online.

However, you may still have grounds to try to argue that the colour of the dress was misrepresented on the website. I would try writing a formal letter to them, (cc'd to the body that administers the Australian Consumer Law in your state for added punch) stating that you are formally demanding a refund for the dress which you will return to them on the basis that they have breached the ACCC requirement that their description of the dress on their website was inaccurate and which inaccurate description, and that if you don't receive their agreement to receive the dress back and provide a full refund, you will take the matter up with the Dept of fair trading (or ACT equivalent). Its worth a try. Often when you make it sound as if you know your rights under the ACL, they will concede.

Did you pay through paypal? They may also offer some type of dispute resolution process that you could avail yourself of. Or alternatively if you paid on credit card, does your VISA provide any kind of guarantees or insurance regarding purchases?

 

[Pascale]

Thank you for your reply
So helpful! I did pay with a credit card with I do have insurance for. I'll wait for their reply on my last email and then go for your advice.
Thank you

 

[Pascale]

Hey
I was just wondering because they are based in England does that change anything?
Thank you

 

[Sophea]

Hi Pascale,

Purchases made through foreign websites are generally not covered by Australian Consumer Laws. So you would need to go through website terms and conditions or perhaps in this case British consumer laws???