VIC Australian Consumer Law - Deceived into Buying Product for Wholesale Price?

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31 October 2016
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My niece purchased fabric for a wedding dress. The place in which she purchased the fabric from also recommended her to a dress maker, who they said will pick up the fabric she purchased. She has since picked up this fabric because is not able to do it with their dressmaker and brought the fabric home.

Once looking at fabric, we became aware (as well as consulting a different dressmaker) that the fabric sold was way too much than what was actually needed, as well as the fabrication was not achievable for the dress that my niece wanted and showed the sales lady (showed pictures). They asked my niece why she went ahead with this place she said that they told her that they will give her the fabric at wholesale price, which when looking at the receipt, is clearly wrong, it definitely is not wholesale price.

We feel she has been taken advantage of (due to her lack of knowledge of dressmaking) and deceived into thinking she is getting fabric much cheaper than anywhere else, as well as told she will be able to have the wedding dress of her dreams. We have gone back and asked for a refund and they said they can't do that but chose to only refund one of the fabric pieces and not all. They have also been extremely rude and unreasonable.

What Australian Consumer Law rights do we have, especially with the fact that they said they will give wholesale pricing if she agrees to put photos up on social media (this is what made her go ahead with the purchase)? It is very misleading.
 
S

Sophea

Guest
Hi Susie,

If the store lied about the price - stating it was the wholesale price when it was not, then they may have engaged in misleading and deceptive conduct under Australian Consumer Law. In addition, those laws set out certain consumer warranties - one of which being that goods will be fit for purpose when that purpose is made known to them. So if your niece told them what the fabric was for and showed them a picture of the dress that she desired to make with it, then they should warrant that what they sell her is fit for that purpose.

Australian Consumer Law Guarantees - How Can They Protect You? - Legal Blog - LawAnswers.com.au