ACCC to Take Booktopia to Court over Alleged Misleading Claims on Refunds

The ACCC has released a statement indicating it will be taking Booktopia to the Federal Court over statements made about refund rights to customers, which the ACCC says are “contrary to their consumer rights”.

The full ACCC statement reads:
“The ACCC has instituted Federal Court proceedings against online retailer Booktopia Pty Ltd for making false or misleading representations to consumers about their rights to refunds and other remedies for faulty or damaged goods.”

In response to proceedings, a spokesperson for Booktopia said the business would be reviewing ACCC’s statements, and referred to a statement lodged with the ASX on Thursday, 09 December, 2021. According to the statement, the proceedings relate to two statements on Booktopia’s Terms of Business “to the effect that customers who receive an item that is incorrect, damaged or faulty were required to notify Booktopia within 2 business days of delivery and that returns and refunds were not possible for certain types of products.”

“Booktopia included these statements in our Terms of Business to ensure that we could confidently provide replacements, refunds and other remedies to customers. We always encourage customers to contact us so that we can resolve their concerns. At no time were these communications intended to exclude or limit Booktopia’s obligations under the Australian Consumer Law,” the statement continued.

“As an Australian company, Booktopia takes its obligations under the Australian Consumer Law and its commitment to customer service very seriously and has provided all cooperation to the ACCC in a timely manner.

“Customer service is fundamental to how Booktopia trains its staff, sets policies and empowers staff to look after the customer.”