NATIONAL: Fashion retailers David Lawrence, Jigsaw and Marcs have been forced to pay infringement notices after the national consumer watchdog conducted an investigation into their refund policies.
M Webster Holdings, the retail group which owns the three fashion chains, has also offered a court enforceable undertaking to address issues with its refund policies.
From at least August 2008 to July 2010, the retail chains stated on receipts and in-store signage that no exchange, refund or credit would be offered on sale goods.
Australian Competition and Consumer Commission chairman Graeme Samuel said retailers could not exclude a consumer's right to refund or exchange simply because goods are bought on sale.
"There are a number of statutory warranties and conditions implied into every consumer contract which sellers of goods are unable to contract out of regardless of whether or not the item is on sale," he said.
"No refund signs or notices of this nature may mislead consumers to believe that they have no right to a refund, exchange or credit on sale goods in any circumstances, which may be untrue because the consumer may be entitled to such remedies."
This includes goods which are damaged, do not meet the description or are not fit for purpose. While a new consumer guarantees regime will replace existing statutory warranties and conditions on January 1, the underlying principle of refund policies will stay the same.
M Webster Holdings paid three infringement notices totalling $19,800.
David Lawrence: Fined over refund policy.
