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Frequently Asked Questions - Fair Trading – Your Obligations – Consumer Rights

As a business owner you must refrain from the following conduct:
❑ Misleading or deceptive conduct in the course of doing business;
❑ Unfairly taking advantage of a consumer's lack of knowledge, disability, or other misfortune to make a sale; (known as unconscionable conduct)
❑ Making statements that are wrong, untruthful or misleading about goods and services, as well as land;
❑ Misleading people in relation to employment, advertising a price using the deposit or monthly payments only; (the total cash price must be displayed)
❑ Offering gifts and prizes in connection with the sale of goods and services with no intention of actually providing them;
❑ Advertising something at an especially low price to attract customers but only having a limited number of the items actually available;
❑ Accepting payment for goods or services without intending or being able to supply them as ordered;
❑ Making false or misleading claims about the profitability of business opportunities;
❑ Harassing or coercing consumers in relation to the supply of goods or services;
❑ Falsely representing that goods or services being sold are of a particular standard, quality, value, grade, composition, style or model;
❑ Falsely representing that goods are new;
❑ Falsely represent that a particular person has agreed to acquire goods or services;
❑ Represent that the goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits they do not have;
❑ Represent that the seller has sponsorship, approval or affiliation the person does not have;
❑ Make a false or misleading representation concerning the price of goods or services;
❑ Make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods;
❑ Make a false or misleading representation concerning the place of origin of goods;
❑ Make a false or misleading representation concerning the need for any goods or services;
❑ Making a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee right or remedy;
❑ Having no policy regarding Refunds;
❑ Lay Bys: Supply goods or services, offer gifts, prizes or other items with the intention of not providing them or of not providing them as offered;
❑ Misleading the public as to as to the nature, manufacturing process, characteristics, or suitability of any services;
❑ Advertise goods or services at a specified price when there are reasonable grounds ( and the person knows, or they ought to know) for believing that they will not be able to offer or supply the advertised goods or services at the price and in the quantities specified and for the period advertised, having regard to all the circumstances; (Commonly known as bait advertising)
❑ Accepting payment or other consideration, for goods or services, when at the time of the acceptance, they either intend not to supply the goods or service, or they knew (or ought reasonably to have known) that there were circumstances operating which would stop them from supplying the goods or services as ordered, and within either a specified or reasonable time;
❑ Representation that is false or misleading concerning the profitability or risk of any business activity that the first person has represented as one that can be carried on from a place of residence;
❑ When inviting other people to engage or participate in, a business activity which requires the investment of money or the performance of work or both, the first person shall not make representations to the invitee which are false or misleading, concerning the profitability or risk, or any other material aspect of the business activity;
❑ Using physical force or undue harassment or coercion in connection with the supply or possible supply of goods or services to a consumer, or in relation to the payment of those goods or services by a consumer;
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