Autumn 2014 Seller Release

[pixie-six]

"Twice a year we bundle together a number of site, functionality and fee updates aimed at helping you deliver an enhanced shopping experience for your customers. The initiatives announced today encourage sellers to adopt the behaviours we know buyers increasingly prefer - boosting the chances of a successful sale or sustained business growth. Read more at Welcome to the Autumn 2014 Seller Release."

[digital*ghost]

 I will repeat something I found last night:

"There is no legal distinction between puffery and misleading or deceptive conduct-only a court can decide depending on the circumstances of each case." (Link)

Which suggests to me that 'free postage' can not (and has not) been universally deemed as puffery, but might be in some individual cases, and then may be deemed misleading (false advertising) in others.

[davewil1964]

Like I said - it's depends on the judge you get.

But precedent is very strong in legal matters.

[thecatspjs]

Personally I have always found the Department of Justice, Office of Fair Trading general advice on trading and consumer matters to be spot-on.   

Of course a court decision can go any way - it is not black and white, but it is worth noting also that individuals and corporations face hefty fines if they are ever convicted of the criminal offence false and misleading advertising.  

The maximum criminal penalty is $220,000 for an individual and $1.1 million for a body corporate 

If traders have any doubt, IMO the wisest and the most appropriate practice would be not to list items as Free Post where they are just adding the post charges directly on top of the goods price and they would be unable to demonstrate that they were actually offering free post if challenged.  

[davewil1964]

Well I offer 'free' post if my items will go as a letter. Which is 'postage included'.

Given that that is the price I charge if the item is picked up, as far as anybody knows, and my P+P is predicated on what similar items are selling for, P+P, regardless of whether or not I show postage as a separate charge, where do YOU think I stand. As you seem, in your opinion, to have extensive knowledge on this matter.

[misterforgetfulsbooks]

it will be refreshing to see similar items on our ebay searches with the same free post pricing rather than the misleading $2 item price and exhorbitant postage of $20.

A level playing field is what should be the outcome of this exercise hopefully

[thecatspjs]

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@davewil1964 wrote:

Well I offer 'free' post if my items will go as a letter. Which is 'postage included'.

Given that that is the price I charge if the item is picked up, as far as anybody knows, and my P+P is predicated on what similar items are selling for, P+P, regardless of whether or not I show postage as a separate charge, where do YOU think I stand. As you seem, in your opinion, to have extensive knowledge on this matter.

---

If you are an Australian business that has any doubt whatsoever that you are trading in accordance with the law in this or any other area, that you should not follow any heresay or quasi-legal advice or opinion expressed by any poster on the discussion boards, but rather contact your States fair trading department and/or get legal advice from a community legal service and/or a solictor with expertise in this area. 

[pricelessbooksandrecords]

now, it costs a lot less to read what some are trying to get their heads around -& one should of course keep an opened mind...- than to get advice from a lawyer, a bit like healthcare in this country, it costs an arm and a leg to extrude any sort of advice from a lawyer, governments helping... Lawyers have priced themselves out of business...

[thecatspjs]

Yes indeed, paid legal advice can have considerable expense.

and yes, the ACCC and Fair Trading Departments and other business and consumer bodies have published a whole range of information on this and related matters including publications quoted and linked in this thread. 

[davewil1964]

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@thecatspjs wrote:

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@davewil1964 wrote:

Well I offer 'free' post if my items will go as a letter. Which is 'postage included'.

Given that that is the price I charge if the item is picked up, as far as anybody knows, and my P+P is predicated on what similar items are selling for, P+P, regardless of whether or not I show postage as a separate charge, where do YOU think I stand. As you seem, in your opinion, to have extensive knowledge on this matter.

---

If you are an Australian business that has any doubt whatsoever that you are trading in accordance with the law in this or any other area, that you should not follow any heresay or quasi-legal advice or opinion expressed by any poster on the discussion boards, but rather contact your States fair trading department and/or get legal advice from a community legal service and/or a solictor with expertise in this area. 

---

Okay, so I will ignore what you're saying. Given you don't appear to have any legal training that you will disclose, just opinion.

[pricelessbooksandrecords]

no credibility for those ones, there is consensus from sellers on that one, sorry, the feedback from attempts at getting things 'redressed' is not going anywhere...