Red card: Sports clothing supplier fined for not supplying
8 June 2018
A Zillmere man was ordered to pay over $900 by the Pine Rivers Magistrates Court today (8 June 2018) after charges were brought by the Office of Fair Trading (OFT).
Aron Stirling Denny, director of online sports clothing retailer Hiper Australia based in North Lakes, was found guilty of one count of wrongly accepting payment for goods and failing to supply them under the Australian Consumer Law (ACL).
Mr Denny, who did not appear in court, was fined $500 and ordered to pay $319 in restitution to an affected consumer, as well as court costs of $92.
The court heard in June 2015 Mr Denny received a payment of $319 from a consumer who ordered twenty custom sports team shirts. Mr Denny accepted payment for the order and agreed to deliver the shirts within twenty-four days, as the consumer required the shirts for a team sport event.
The consumer made many requests to Mr Denny leading up to the specified delivery date. Once the delivery date had passed, Mr Denny promised the consumer a refund. The consumer lodged a complaint with the OFT in January 2016 after they didn’t receive a refund and Hiper Australia ceased trading in 2017.
Fair Trading Executive Director Brian Bauer said that although the amount involved was relatively small, the case was a reminder to all traders, including those operating online of their duty to act honestly with consumers and follow their obligations under the ACL.
“Traders can learn more about their obligations under the ACL by visiting the OFT website,” Mr Bauer said.
If consumers have paid for goods or services they have not received, they can lodge a complaint with the OFT either online at www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).