StoresOnline conducted seminars and workshops throughout Australia to promote its home business e-commerce software.
The ACCC formed the view that representations made by StoresOnline in promoting their website packages were misleading and deceptive in contravention of sections 51A, 52, 53(aa), 55A and 59 of the TPA.
The ACCC has a accepted court enforceable undertaking from StoresOnline that it will:
not make representations about the level of customer support available;
notify purchasers that there is a 3 day cooling off period before and at the time of purchase;
provide a refund to purchasers;
only use testimonials from persons who have made a declaration that the statements are accurate and not misleading;
not make statements that the packages are easy to use or can be used to quickly develop a profitable internet retail business unless a further statement is made of other factors which are relevant to their decision to purchase a website package;
distinguish between products and services which are included and not included in the price of the packages; and
only sell packages which can generate tax invoices, include "Australia Post" as a shipping option, have Australian dollars as a currency option and have a credit card processing facilities that can accept and process payments in Australian dollars.
The undertaking includes the payment of refunds to persons who assert in a Statutory Declaration that they purchased a package in reliance on a representation of the kind alleged in the Amended Statement of Claim filed by the ACCC. The Amended Statement of Claim is attached. More information on the refund process can be obtained from the ACCC's Infocentre on 1300 302 502