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ACCC Take Thermomix To Court

Following an investigation into the company in 2016, the Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Thermomix In Australia.

Back in August, it was reported that the ACCC had launching an investigation into reports of malfunctioning Thermomix units causing serious burns and claims that victims of the problem were forced to sign confidentiality agreements prior to receiving refunds.

The regulator now alleges that Thermomix contravened several provisions of the Australian Consumer Law (ACL) in relation to its Thermomix appliances.

The ACCC say that Thermomix misled customers about their consumer guarantee rights, failed to comply with mandatory reporting requirements for injuries arising from the use of the appliances, made false representations and engaged in misleading conduct regarding the safety of the TM31 model, and made false and misleading statements about its 2014 recall.

Beyond that, they also allege that Thermomix represented to certain consumers that the ACL remedies (to which they were already entitled to ) could only be obtained by signing agreements with non-disclosure terms and other terms that prevented them from making disparaging comments about Thermomix.

“Consumers who have purchased a faulty product have rights under the Australian Consumer Law to remedies which businesses cannot restrict, alter, or remove, and this includes getting a repair or replacement for the product, or a refund,” ACCC Acting Chair Delia Rickard says.

Finally, the ACCC alleges that Thermomix failed to notify the Commonwealth Minister within two days of becoming aware that a person had suffered a serious injury associated with the use of a Thermomix appliance – no less than 14 times.

“The law requires that suppliers must act to notify the ACCC as soon as they become aware of any person who has suffered a serious injury associated with the goods they have supplied. This requirement exists to protect the safety of Australian consumers by helping to prevent further injuries,” Rickard says.

The ACCC is seeking declarations, pecuniary penalties, injunctions, corrective publication orders, compliance program orders and costs.

Thermomix has yet to comment on the news.

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