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Bikini brand Frankii Swim fined $30,000

Bikini brand Frankii Swim has been fined $30,000 for misleading customers about its refund and returns policy posted on their site, according to Consumer Protection.

The swimwear retailer was also tasked to pay $546.30 for three breaches of the Australian Consumer Law after a sentencing hearing at the Perth Magistrates Court on May 17.

Frankii Swim, founded in 2013 by Rebecca Klondinsky, was penalised by Consumer Protection after they have found “illegal wording” in the “exchange policy” section of the brand’s www.australia-frankieswimwear.com site in July 2018. The website name was later changed to www.australia-frankiiswim.com.

Lanie Chopping, commissioner for Consumer Protection, said the $30,000 penalty should send a strong warning to other businesses that misrepresentations attempting to restrict consumers refund and returns rights are unacceptable.

Chopping said the website posted Frankii Swim did not offer refunds.

“But blanket ‘no refund’ policies, implying it’s not possible to get your money back in any circumstances, are unlawful,” she said. “In the event of a fault, consumers are always entitled to a remedy.”

Frankii Swim also stated that consumers only had 30 days to return faulty swimwear from the date of purchase.

“However, under the Australian Consumer Law we all have the right to return a faulty product within a reasonable amount of time,” Chopping said.

Chopping said the site also mentioned customers would have to pay postage costs for returns, when in fact a seller must pay for goods to be sent back to them, on top of the replacement cost, if there’s a major failure with a purchase.

According to the commissioner, Frankii Swim’s director had said she had written the policy herself and did not intend to mislead consumers by it.

Chopping said being ignorant of the law is no excuse.

“Businesses have a responsibility to brush up on their obligations,” the commissioner said. “Agencies such as Consumer Protection, the Small Business Development Corporation and the ACCC offer a range of readily available resources to help businesses understand their responsibilities and comply with the law.”

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Sarah

May 24, 2019 at 5:21 pm

Why was this case heard in Perth when the business is based in Queensland? There are numerous negative views about this company and on doing some research it seems its owner has a very shady past in general