By Jessica Yun
The competition watchdog has launched a Federal Court case against Booktopia, alleging the online retailer misled consumers about their rights to get refunds for damaged or faulty goods.
During 2020 and 2021, Booktopia’s website allegedly told customers that they would only be able to get a refund or another form of remedy for damaged, incorrect or faulty products if they notified the company within two days of the items’ delivery.
Booktopia chief executive Tony Nash: The online bookseller faces a Federal Court case brought by the ACCC.Credit: Kate Geraghty
The Australian Competition and Consumer Commission (ACCC) said it received complaints and is accusing Booktopia of telling 19 customers they weren’t entitled to a refund or remedy because they didn’t flag their grievances in that two-day window.
Booktopia also allegedly claimed that customers had no rights to refunds on digital content and eBooks under any circumstances.
The ACCC is arguing that Booktopia’s website and customer service staff made false and misleading representations as these claims did not comply with Australian Consumer Law (ACL), which includes digital goods and has no two-day deadline period.
“Consumers who buy digital products or buy products online have the same rights as those who shop in physical stores,” said ACCC chairman Rod Sims.
“Australian consumers have a right to refund, repair or replacement for goods that do not meet their consumer guarantee rights which apply for a reasonable period, and no business can exclude, limit or modify those rights.”
In a statement to the ASX issued on Wednesday, Booktopia said it took its obligations under Australian Consumer Law very seriously and was fully co-operating with the ACCC.
“Booktopia included these statements in our terms of business to ensure that we could confidently provide replacements, refunds and other remedies to customers,” the statement said.
“At no time were these communications intended to exclude or limit Booktopia’s obligations under the Australian Consumer Law.”
The Sydney Morning Herald and The Age have contacted Booktopia for further comment.
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