Rebecca is a busy professional and a professional dancer. During the holiday period Rebecca decided to make some new purchases.
Rebecca bought a bracelet described as being made of pure gold. She spent $500 on the bracelet. That evening Rebecca went to a social function and worn the bracelet for the first time. The following day she discovered that the bracelet had already been discoloured. It appeared that the bracelet was in fact gold plated not pure gold. She went back to the retailer to return the item and ask for a refund. The sale assistant said: our policy states ‘no exchange, no refunds available’ and referred Rebecca to a sign on the wall containing this statement.
The same day, Rebecca also purchased a pair of shoes from Air Light Ltd, a large retail outlet. Rebecca explained to the sales assistant that she was a professional dancer and that the shoes were needed for a forthcoming dance competition. On the advice of the sales assistant, Rebecca purchased a pair of ‘Dance Pro’ shoes. At a critical point in Rebecca’s dance competition routine the heels of both shoes broke off and Rebecca ended up on the floor.
Advise Rebecca as to recourse available to her under the Australian Consumer Law (ACL). Refer to relevant ACL sections and case authorities in your answer.
IntComAus Pty Ltd, a telecommunication company, placed an advertisement on television and in newspapers across Australia. The advertisement read:
Unlimited Broadband Access – For $89 a month get unlimited access anywhere in Australia. Call XXXXXXXXXXto take up this deal. Hurry. Limited time only. Join now.
Jack wanted an internet service provider to start an online business. He lived in a remote part of North Queensland. Jack saw the advertisement and rang the number advertised to take up the offer. He specifically asked the sale person about the internet speed advising of his intentions to further develop a website for his online business. The sale person said:
The internet speed with IntComAus Pty Ltd is one of the fastest in Australia.
Jack then paid $89 with his credit card. After joining, Jack discovered that he did in fact not have internet access at all. Further investigation found that access was actually not available ‘anywhere in Australia’ as advertised by IntComAus Pty Ltd but was restricted to areas within 200 kilometres of a capital city. Neither the advertisement nor the sale person that Jack spoke to mentioned that access was restricted to areas within 200 kilometres of a capital city.
What statutory action can Jack take against IntComAus Pty Ltd? What remedy or remedies might Jack be entitled to?