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Sydney, May 13: An Australian online clothing label and retailer A&S Labels Pty Ltd which has been trading publicly as Tiger Mist has been fined $26,640 by the Australian Competition and Consumer Commission (ACCC) for allegedly misleading consumers about their right to return faulty items.
Tiger Mist made statements on its website between last November and February this year that consumers could only return a faulty item by contacting Tiger Mist within 30 days of receiving their order and that the product must be returned in its original packaging.
The two infringement notices were issued in relation to statements made on the Returns page of the Tiger Mist website on February 21.
“Under the Australian Consumer Law, a consumer’s right to a remedy for a faulty product is not limited to a specific time period, and consumers do not need to return the faulty product in its original packaging to obtain a refund, replacement or repair,” ACCC Commissioner Liza Carver said.
Tiger Mist typically markets to younger consumers through social media posts.
“The ACCC was concerned that Tiger Mist’s representations may have misled some consumers into thinking they were not entitled to return a faulty product when that was not the case,” Carver said.
“Consumers have the same rights whether they make a purchase online or in-store.
“All businesses must ensure their refund and returns policy does not misrepresent the consumer guarantee rights under the Australia Consumer Law, and we will continue to look at the practices of clothing retailers, including online retailers, and take enforcement action where appropriate,” Carver said.
The first statement on the Returns page that landed Tiger Mist into hot water was:
“If you believe an item you’ve purchased from us is faulty, incorrect or you’re missing an item, contact us at customercare@tigermist.com.au with images of the fault. All claims need to be made within 30 days of receiving your order.”
While the second statement was:
“RETURNS WILL ONLY BE ACCEPTED WHEN:
- Items are in their original condition.
- Items are in their original packaging.
- Tags remain attached to garments.
- Garments are unworn, unwashed and unstained.”
Consumers can also learn more about their rights to repair, replacement or refund, and their consumer guarantee rights on the ACCC website.
To date, Tiger Mist has amended its website and removed the statements to address the ACCC’s concerns.
Melbourne-based Tiger Mist is an international online clothing label and retailer, aimed predominantly at young consumers and promoting its products through social media.
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