16003578
Description
Flashcards by Jorja Le Louarn, updated more than 1 year ago
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Created by Jorja Le Louarn
over 5 years ago
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| Question | Answer |
| one function of government in the market place | government provides a legal and justice system, to ensure that buying and selling is fair to all |
| what is the situation if there is a large number of sellers competing for customers | if there is a large number of competitors then the customer is more likely to get a fair deal |
| current law that regulates competition and the rights of consumers in the market place | competition and consumer act passed in 2011 |
| five other examples of Australian bodies that have the power to enforce the law | ACCC - Australian Competiton and Consumer Commission Consumers Affairs Victoria NSW Fair Trading South Australian consumer and business services other fair trading or consumer protection bodies in other states and territories |
| Explain why consumers are often at a disadvantage when it comes to buying goods and services | Consumers are often at a disadvantage when it comes to buying goods and services because consumers will Rely on the advice of a salesperson and in many occasions, these salespeople can be trying to con you Into purchasing goods and services that are not appropriate to your interests. |
| 2. Describe the aim of Australian Consumer Law | The aim of the Australian Consumer Law is that each and every transaction between both buyers and sellers are fair to each party. |
| 3. Define the expectations of sellers under the Australian Consumer Law | The expectations of sellers under the Australian Consumer Law are to advertise and promote all their Products honestly as it is illegal to do anything that can mislead the customer or convince the buyer to Purchase a product they would have never have bought if they were aware of all the facts. |
| Misleading or Deceptive Conduct | Advertisements must not use words that indicate that the products aren’t what they actually are. (claims that aren’t true) (claims – low prices, goods on special) |
| Unconscionable conduct | Any business conduct that is unfair or unreasonable. |
| Offering gifts and prizes and not providing them | Example; ‘purchase this bed and we’ll give you a free plush pillow’ then the customer purchasing the product and not receiving the ‘plush pillow’. |
| Conduct that may mislead the public | Example; using names similar to well-known brands or saying that a product Is made in a certain country when it isn’t. |
| Bait advertising | When a business attempt to attract customers by advertising products a low Prices but only stocking very few and then redirecting them to the same product but at a higher price when the advertised product goes out of stock. |
| Referral selling | Occurs when a business offers a single customer a special deal or Lower price if the customers refers the business to other potential customers and those customers make a purchase. |
| Consumers wish to satisfy their and . When they go looking for and they are usually eager to make a purchase. This means that an unscrupulous seller could take of them. Consumer makes it compulsory for sellers to provide all available to consumers, and to ensure that buyers and sellers have equal rights in purchase. | Consumers wish to satisfy their needs and wants. When they go looking for goods and services they are usually eager to make a purchase. This means that an unscrupulous seller could take advantage of them. Consumer laws make it compulsory for sellers to provide all available information to consumers, and to ensure that buyers and sellers have equal rights in any purchase. |
| Any contract or agreement that a consumer enters must be fair and balanced | True |
| Contracts do not need to be written in clear language. | False |
| Contracts need provisions to allow the seller to change the conditions of the agreement. | False |
| A mobile phone contract can allow the service provider to make changes to prices and charges without notifying the customer. | False |
| For all transactions over $75, a receipt is compulsory. | True |
| A consumer has the right to ask for a receipt for any transaction. | True |
| Anyone attempting to sell goods or services door to-door or over the phone can do so between 7 am and 8 pm on weekdays | False |
| Anyone attempting to sell goods or services door-to-door or over the phone can do so between 7 am and 8 pm on weekdays | False |
| These types of sales are not permitted on Sundays or public holidays | True |
| This rule does not apply when consumers have agreed in advance to an appointment time for the seller to visit their home. | True |
| A salesperson must leave immediately if requested and must not contact the consumer again for at least ten days (with that same product). | False |
| The consumer does not have any right to cancel an agreement and must pay in full no matter the circumstance. | False |
| Lay-by agreements must be in electronic format (email) | False |
| All businesses have the right to display ‘No refunds’. | False |
| If a product is faulty or is unfit for its usual purpose a refund must be offered to the buyer | True |
| A business may refuse to provide a refund if the consumer has simply changed his or her mind and there is nothing wrong with the product. | True |
| 7. Define a guarantee or warranty | A guarantee or warranty is a promise that if a product is faulty or something goes wrong that product Will either be replaced or repaired free of charge towards the customer. |
| 8. Describe what happens when a manufacturer or seller does not provide a written warranty | Even if a manufacturer or seller does not provide a written the warranty (in Australia specifically) the Australian Consumer Law makes it compulsory that all seller and manufactures provide a basic set of Guarantees (automatically) on all products they sell to consumers. |
| legal ownership | A consumer will gain legal ownership to goods; that is when a consumer purchases that are actually owned by the seller the ownership can be legally transferred to the buyer. |
| Goods must match | Goods being sold to customers must match every and any sample, Demonstration model or description provided to the buyer. |
| Goods must be of acceptable quality | Being of acceptable quality means that the goods are safe, long-lasting, Free from defects, acceptable in appearance and Nish, and do the things that the good should do and do it properly. |
| Products must be fit for a particular purpose | The fitness of a product means that the product will perform as specified in the instructions or advertisements. |
| Repairs and spare parts must be available | Said repairs and spare parts must be available within a reasonable time after the manufacture and/or sale. |
| Servicing | Any necessary servicing that is needed, that service must be carried out Within a reasonable time and with reasonable skill and care. |
| 1. If a consumer believes a breach of the Australian Consumer Law has occurred, identify the appropriate actions that a consumer would need to take and address them in priority order | If a consumer believes a breach in the Australian Consumer Law has occurred there are several appropriate Actions that they should take. These such actions include; contact the seller directly and try to resolve the problem However, if there is no progress made with the seller the Fair Trading or Consumer Affairs office may contact the Business on the consumer’s behalf in an attempt to resolve the matter. |
| 11. Explain what would happen if the business fails to resolve the problem | If a business fails to resolve the reported problem. Then the Fair Trading and Consumer Affairs offices Can take legal action on behalf of the consumer against the business. If said legal action is successful the seller May be required to compensate the consumer or repair or replace the faulty goods. Also, the business can be fined For failing to comply with the Australian Consumer Law. |
| If a consumer has a complaint, they should first try to resolve it directly with the seller - - - If the legal action is successful, the business may be forced to compensate the consumer, and they may also be fined for breaching consumer laws. | If the problem is not resolved with the business directly the consumer has the right to contact the most relevant authority. Examples, Fair Trading and Consumer Affairs offices in the relevant state, e.g New South Wales Fair Trading. Those appropriate authorities may contact the business directly on behalf of the consumer in another attempt to resolve the problem. If the business still does not help to resolve the problem or if the problem still hasn’t been resolved then the appropriate authority can take legal action against the business. |
| 4. Identify three elements of a good consumer product. | Elements of a good consumer product are: integral honesty meaning that the product will do what it supposed to and match and sample, demonstration or description given to the buyer. Another elements of a good consumer product is that the product is safe, if the product is unsafe to use then the product is not a good consumer product. One other element of a good consumer product is that the product is free from faults or defects therefore meaning the product does what is specified for the product to do. |
| 6. A good consumer product has integral honesty. This means it: | • The product matches any sample given to the buyer • The product does what advertisements says the product does • The product does works the way it is supposed to |
| 7. Will consumers choose value over price in a recession? What does the research show? | During a recession (when money is limited or tight) consumers will be less likely to choose value. Especially if the products with a better value are more expensive. Consumers will take the product as the Product even if the quality and value of the product is the best. |
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