ACCC takes action against Thermomix

After contravening ACL.

The Australian Competition and Consumer Commission (ACCC) instituted proceedings in the Federal Court against Thermomix Australia, alleging it contravened several provisions of the Australian Consumer Law (ACL) in relation to its Thermomix appliances.

The ACCC alleged that Thermomix misled customers about their consumer guarantee rights, failed to comply with mandatory reporting requirements for injuries arising from the use of the appliances, made false representations and engaged in misleading conduct regarding the safety of the TM31 model, and made false and misleading statements about its 2014 recall.

Also, that Thermomix represented to some consumers that the ACL remedies to which they were entitled could only be obtained by signing agreements with non-disclosure terms and other terms that prevented them from making disparaging comments about Thermomix.

The ACCC also alleges that it represented to other consumers that it would not provide refunds or replacements as a remedy at any time. As well, the ACCC alleges that it failed to notify the Commonwealth Minister within two days of becoming aware that a person had suffered a serious injury associated with the use, or foreseeable misuse, of a Thermomix appliance, alleging that this occurred in 14 instances because Thermomix failed to give notice of these serious injury incidents within the mandatory two-day notification period.

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