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hi i sell silver Plated jewelry at the markets. I have a very

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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hi i sell silver Plated jewelry at the markets. I have a very small business, My product looks really good and people seem to like it. But it is not expensive. I have my jewelry tagged 925SP and i have a sign up saying sterling silver plated. I have been doing so for 2 years now and just joined a big market about 15 months ago, after a few days there i had two stall members who also sell jewelry which is different to mine (solid silver and much different) bully me abusing me and taking photo,s of me and my daughter and our product, yelling at me throwing my jewelry across table saying in front of customers that i cant sell this here and Accusing me of lying. The bully got worse every week to the point of having to call the police. I realize now they were trying to scare me away as they felt threatened by me and my new product.
A little while later on 19 September 2011 i received a complaint from office of fair trade saying that someone has put a complaint against me saying i am misrepresenting my goods. The office of fair trade came and checked me out asked if i would be willing to talk to them in their office. later We went into the office and explained our situation and said that this was very untrue, i have signs stating what my product is and it is all tagged. They are saying i cant have 925 on my jeweler y because its plated. But my jewelry is sterling silver plated.
I have not heard from them again until last week 18 May 2012 I received a letter from office of fair trade regarding a report against my business which is selling plated silver jewelry at the markets. The letter is an INVITATION TO VOLUNTARILY RESPOND TO ALLEGATIONS from 19 September2011
it also says that the office of fair trading is currently investigating a possible breach of the Australian consumer Law QLD 2010-section 151(1)(a) false or misleading representations about goods or services.
The office is affording me the opportunity to voluntarily respond to this allegation.

Should i respond in a letter? is it better to? will it go against me if i don't?
Should i get a lawyer? I am not sure what to do? Does this letter mean that they are further investigating me? Do you have any other advise for me regarding this.

Thanks
Tirzah

 

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State/Territory: Qld

Already Tried:
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Submitted: 356 days and 2 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Fran-mod replied 355 days and 20 hours ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 355 days and 8 hours ago.

hi yes i still require an answer.
Thanks
Tirzah

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Expert:  Fran-mod replied 355 days and 8 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

Customer replied 355 days and 7 hours ago.

ok thank you. how long do you estimate?

Accepted Answer

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Expert:  Sydney-Lawyer replied 355 days and 6 hours ago.

Good Afternoon,


They are accusing you of false and misleading conduct where you are allegedly lying and misleading customers into believing they are buying something that you are actually not selling.

In your response you need to clearly state how your goods are advertised and promoted and that you clearly indicate and any prospective purchaser is fully aware that you are selling silver plated jewellery and not solid sterling silver jewellery.

You must also indicate that the jewellery is marked 925SP which indicates (I assume) silver plated.

You should also take photographs of the stand you have at the markets clearly displaying your advertising material for your products.

The following link is information about false and misleading conduct and what is looked at under the act.

http://www.accc.gov.au/content/index.phtml/itemId/815335

In the balance of your response you make sure that you address these issues and show how you are not misleading anybody and that you are clearly notifying all prospective purchasers that they are buying silver plated jewellery.

I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16929
Answered: 5/26/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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