Online retailer Booktopia are in trouble, with the ACCC instituting Federal Court proceedings against them for making false or misleading representations to consumers about rights to refunds and other remedies for faulty or damaged goods.

This stems from the company allegedly representing on its website between January 10 in 2020 and November 2 in 2021 that consumers had to notify them regarding faulty, damaged or incorrect product within two days of delivery to have rights to a refund or other remedy.

Consumers also had no rights to refunds on certain products, including content and eBooks, in any circumstances.

On top of this, Booktopia are said to have represented to 19 consumers that they were not obliged to provide a refund or remedy because the consumer didn’t notify them of a fault within two days of delivery.

As a result, the ACCC are alleging the claims on Booktopia’s site and those made directly by customer service staff to the 19 consumers were false and misleading, as they didn’t reflect the consumers’ rights to a refund or other remedy under consumer guarantee rights in the Australian Consumer Law.

“Consumers who buy digital products online have the same rights as those who shop in physical stores,” asserts ACCC Chair Rod Sims.

“Australian consumers have a right to refund, repair or replacement for goods that do not meet their consumer guarantee rights which apply for a reasonable period, and no business can exclude, limit or modify those rights.”

The ACCC are now seeking penalties, declarations, costs and other orders.