Guidelines
Businesses should not rely on the Guidelines as a definitive statement of these requirements. Also, not all legal requirements relevant to electronic commerce are reflected in the Guidelines.
The Trade Practices Act 1974, the Australian Securities and Investments Commission Act 2001 and state and territory fair trading legislation require that businesses:
15.1 not engage in conduct that is misleading or deceptive or is likely to mislead or deceive;
15.2 not make false or misleading representations about the goods or services they supply;
15.3 not harass or coerce consumers either when seeking to sell goods and services or when seeking to obtain payment;
15.4 not engage in unconscionable conduct, including ensuring that contractual terms are reasonably necessary to protect the supplier’s legitimate interests;
15.5 make sure that the goods supplied correspond with the description of the goods;
15.6 ensure that the goods supplied are of merchantable quality and fit for any purpose made known to the supplier by the consumer; and
15.7 ensure that services supplied are rendered with due care and skill and are reasonably fit for any purpose made known to the supplier by the consumer.