Court Rules Chrisco’s Christmas Hamper lay-by agreements are unfair.

Wednesday , 18, November 2015 Leave a comment


Chrisco’s lay-by agreements are unfair.

Case : ACCC v Chrisco Hampers Australia Limited [2015] FCA 1204.

Issue : That Chrisco’s lay-by contracts for its Christmas hampers contained terms that contravened the provisions of the Australian Consumer Law (ACL).

HELD :

FCA

Chrisco Hampers Australia Limited (Chrisco) breached the provisions of the ACL in the following ways:

The Headstart term in Chrisco’s lay-by contracts was an unfair contract term.

Chrisco made misleading and false representations to its customers about their ability to cancel their lay-by contracts before the goods were delivered to them.

It is against the law to tell your customers that they cannot cancel a lay-by contract at any time before the goods are delivered to them.

 



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