Consumer Law Requirements for Stores

Consumer The Australian Consumer Law, and New Zealand Fair Trading Act and
Laws Consumer Guarantees Act, are laws designed to protect consumers when
dealing with retailers. This guide covers important areas for stores and
what you need to know when dealing with customers to ensure Spotlight
complies with these laws. Important areas include:

 Product Safety
 Mandatory Reporting of Injury or Illness from use of products;
 Misleading or Deceptive Conduct / False or Misleading
Representations;
 Consumer Guarantees for Refunds, Replacements and Repairs

Officers from the ACCC (AU), Commerce Commission (NZ) Consumer Affairs
& Fair Trading departments go into our stores to make sure we are doing
the right thing and our customers may make complaints to them. The
Company can be fined A$1.1million for breaches and individuals up to
A$220,000 and other penalties can be imposed. For more information
contact the Legal Department (David Windsor via email david@srg.com.au or
phone on (03) 9675 4780).

Your Spotlight is committed to complying with Australia’s and New Zealand’s

Responsibilities consumer protection laws.

As part of our commitment:

 Our team members must promptly report any customer,
governmental or team member concerns about consumer law
compliance related issues to our Legal Department, David Windsor
via email david@srg.com.au or phone on (03) 9675 4780.
 We guarantee that any person involved in Spotlight’s business
making a complaint or report in relation to Spotlight’s compliance
with consumer laws will not be prosecuted or disadvantaged in any
way by reason of their complaint or report and that their complaint
or report will be kept confidential and secure.

Spotlight will take disciplinary action internally against any persons who are
knowingly or recklessly concerned in a contravention of the consumer laws
and will not indemnify them.

Product All products that we sell must be safe. If you come across an item that you
Safety - think could be unsafe or present a safety hazard you should report it to the
Generally Legal Department. A common sense approach is best (e.g. candleholders
should not be made of flammable material; toys for children under 3 years
should not have sharp edges or small parts that could be choking hazards).

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Product Some products have specific legal requirements that must be met (e.g.
Safety – warning labels; care instructions; etc.). Some of these products include:
Specific  Bean bag covers (specific warning label and child resistant slide
Products fastener);
 Candleholders (must not catch fire, e.g. plastic cup holders for tea
light candles are banned);
 Curtains and Blinds (specific warning on cord and packaging;
instructions; cleat or cord guide); (Refer to S.L.I.C.K for more
information)
 Sunglasses (specific labels and swing tags);
 Toys for children up to 3 years (must not contain small parts or
choking hazards);
 Fabric, textiles and clothing (must have care labels attached).

If a product in the above list is returned to store by a customer that product

must not be placed back on sale until it has been checked that it still
meets the requirements at law and you have that approval.

Product There are legal requirements for selling spray paint cans that must be
Safety – followed, which include:
Spray Paint  spray paint cans must be kept in a securely locked cabinet;
Cans  spray paint cans must not be sold to any person under 18 years of
age;
 proof of age identification must be shown by anyone who appears to
be under 18 years of age;
 following the information kit issued to stores on spray paints &
volatile substances.
Spotlight and staff can be fined if these requirements are not met.

Mandatory If you become aware (from a customer or any other source) that a product
Reporting – we have supplied is somehow associated with an injury, illness or death, you
injury, must IMMEDIATELY contact the Legal Department, David Windsor via email
illness or david@srg.com.au or phone on (03) 9675 4780.
death
It is an offence if we do not report the incident to the ACCC within 48 hours.
NOTE: a reportable ‘injury or illness’ is only where the person has sought
medical treatment form a doctor or nurse.

Misleading & The law prohibits misleading or deceptive conduct and false or misleading
Deceptive representations. This means we must be honest, upfront and accurate when
Conduct / dealing with our customers. We must:
False &  create the right overall impression.
Misleading  be truthful and accurate.
Representations  give current and correct information.
 avoid ambiguity (use plain language).
 clearly disclose important limitations or conditions.
 have grounds to back up what you say (do not guess).

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Consumer All our customers have legal rights known as ‘consumer guarantees’ that
Guarantees – cannot be taken away from them. You must know these rights when dealing
refunds, with our customers. These rights are in addition to our change of mind
repairs & returns policy. There is no specific time limit at law. Customers have these
replacements rights for a reasonable period of time.

Products:
 acceptable quality (e.g. safe, durable, free from defects, acceptable
in appearance in finish);
 do what they were supposed to do (e.g. what would be expected
or made know to the customer);
 correspond to any sample or demonstration model (if shown to
the customer before the sale);
 repair facilities and spare parts by manufacturer must be
available for a reasonable time after purchase (unless consumer
advised in writing at the time of purchase that they would not be);
 extra promises must be honoured (e.g. any written warranty).

Services:
 performed with care and skill;
 fit for any disclosed purpose (e.g. what would be expected or
made know to the customer);
 performed within reasonable time (if no time frame specified in
writing at time of purchase).

What remedy is a customer entitled to?

If any of the above guarantees are not met the customer is entitled to a
remedy. The type of remedy depends upon whether it is a minor or major
problem. A major failure includes failures that are so severe that the
customer would not have bought the product or service had they known the
full extent of the problem or where the goods are unsafe.
 Major failure - the consumer can choose a refund, replacement or
compensation for drop in value
 Minor failure - we can choose to give a refund, repair or
replacement

No refund signs / statements are illegal - any sign or statement that

tells a consumer they do not have certain rights when in fact they do have
such rights under the law is illegal. For example, it would be illegal to
display a sign or tell a customer:
 ‘No refunds’
 ‘No refunds on sale items’
 ‘No refunds after 14 days’
 ‘No refunds on seconds or clearance items’
 ‘No refunds or returns on display stock’
 ‘Repair or replacement only’
 ‘Exchange or credit only for return of sale items’
 ‘Choose carefully because we do not give refunds’

A manufacturer’s warranty gives customers additional rights. The

customer still has their Consumer Guarantee rights against Spotlight (as the
retailer). You can help the customer to make a claim under the
manufacturer’s warranty if that is what the customer wants. But if the
customer wants Spotlight (the retailer) to fix the problem then we still have
to help the customer to fix the problem (i.e. do not tell the customer they
have to contact the manufacturer because customers still have rights against
retailers under the Consumer Guarantees).

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Privacy Spotlight respects and protects people's personal information. NEVER

give out a customer's personal details to ANYONE no matter who they
say they are, or allow others access to a customer's personal details.
Refer to our Privacy Policy on our website for further information.

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Sign Off Please complete and sign the Team Member Acknowledgement below
to demonstrate your understanding of the Consumer Law
Requirements for Stores.

I acknowledge that I have received, read and understood the contents

of the Consumer Law Requirements for Stores document and
understand my responsibilities.

I understand that if I breach these standards, it may result in

disciplinary action and/or termination.

Please complete your details:

Your Full Name: Samuel Booth

Your location:

Your position:

Your signature:

Start Date: 18 February 2023

Copy will be filed in your personnel file.

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