PublishedOpen access

Australia · Enforcement & legal proceedings · Issue #1 · 07/09 – 19/09

Australian regulator penalises online retailer over allegedly misleading returns messages

Dysck Pty Ltd, trading as Neptune Blanket, paid AU$59,400 after the ACCC issued three infringement notices concerning allegedly misleading consumer-guarantee statements and missing mandatory warranty wording.

What the primary source says

The ACCC says two notices concerned emails sent to consumers seeking refunds. It alleges the messages implied conditions or limits that may not apply under the Australian Consumer Law, including that only store credit might be available, that opened or used goods could not qualify and that the consumer had to pay return shipping.

A third notice concerned the retailer's website warranty against defects, which the regulator says omitted mandatory wording explaining that consumer guarantees cannot be excluded. The ACCC notes that warranties are additional to statutory guarantees rather than replacements for them.

The retailer stopped using the statements, added the mandatory wording and updated processes after ACCC contact. Payment of an infringement-notice penalty is not an admission that the Australian Consumer Law was contravened.

Why it matters

The useful distinction

An online returns policy cannot reduce remedies that legislation gives consumers. Retailers should separate voluntary change-of-mind policies and commercial warranties from statutory rights, and train customer-service staff so email responses do not contradict those rights.

Scope note

This briefing is an independent summary of the evidence sources below. Context-only links are not used as factual authority. It does not establish that a product, organisation or listing is unsafe, unlawful or non-compliant beyond what the evidence reports.