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The state of Queensland

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It's a metter of misleading advertisment with regards ***** ***** Safety 1st Prime AP Convertible Booster Seat - claiming safety sureties for infants from 6months old

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/2/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,726
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

If you wish to discuss it on the phone there is an extra fee but it may be easier. Just elect a call and I will call you.

They are not allowed to mislead and deceive and you have a right to get your money back.

If they refuse you can take them to QCAT and seek orders against them

The following link is the law as it stands and it is enforced by QCAT in QLD.

https://www.accc.gov.au/publications/advertising-selling/advertising-and-selling-guide/avoid-misleading-or-deceptive-claims-or-conduct/misleading-or-deceptive-conduct

You have to send them a letter setting out the issues and request a refund.

If they refuse then you can take them to court.

If there has been any damage caused then you can sue for compensation if it is because of the misleading conduct.

This type of behaviour is looked down upon and the laws protect consumers.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
We recently purchased a Safety 1st Prime AP Convertible Booster Seat which advertises "... an integrated head rest has 5 positions for height adjustment so that it grows with your child..." claiming safety for infants from 6 moths old to child of approximately 8 years old. However, the booster seat side impact protection does not lower to the lowest shoulder height. This leaves the babies from 6 months old to ~2 years at risk. This seat should not be advertised for children as young as 6 months. It's simply not safe! We have requested a refund of store credit for purchase of an age appropriate product, to be met with obstinance and indifference. I have copies of all correspondences [Case Tracking ID: VLG-7R2-86PW].
Solicitor: Leon, Solicitor replied 7 months ago

If they have advertised it as lowering to that point you are entitled to get your money back.

It is not fit for the purpose and they have mislead you.

You can also report it to Fair Trading in QLD and they will investigate and take it off the market.

https://www.qld.gov.au/law/fair-trading

Also take it further and report it to the ACCC being the link i sent you earlier.

If the item is not safe and in fact dangerous it will be recalled once the departments get involved.

Once you get your money back then make a detailed report to the Fair Trading and the ACCC

I hope this makes sense and is clearer.

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Customer reply replied 7 months ago
The vendor in question: "Bubs n Grubs" Address: 4/229 Junction Rd, Cannon Hill QLD 4170; Phone: (07) 3902 1350
The product in question: http://www.bubsngrubs.com.au/safety-1st-prime-ap-convertible-booster-seat.html
Solicitor: Leon, Solicitor replied 7 months ago

Have you obtained a refund?

You have to put together all the information you have and report it to the ACCC

Here is the link

https://www.productsafety.gov.au/contact-us/for-consumers/report-an-unsafe-product

But you make sure you give them as much information as possible.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 7 months ago

Good Evening

I hope the information I have given you has assisted you today.

If there is anything further please do not hesitate to contact me and ask further questions.

Regards

Leon

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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