If you enter into an unsolicited consumer agreement with a customer (consumer), the Australian Consumer Law imposes added obligations.
An unsolicited consumer agreement is generally established if these factors are met:
If an unsolicited consumer agreement has been formed, the supplier of the goods or services must comply with sections 79 and 80 of the Australian Consumer Law. Such obligations include, but are not limited to:
Further, on the front page of this agreement, the following must be clearly displayed:
Failure to comply with the above and any part of sections 79 and 80 of the Australian Consumer Law, can expose sole traders to a fine of up to $10,000 and companies to a fine of up to $50,000.
Disclaimer: This summary is a guide only and is not legal advice. For further information on the Australian Consumer Law, call NECA Legal (WA) Pty Ltd on (08) 6241 6129 or email firstname.lastname@example.org.