A member asked over 8 years ago

Customer Complaint Resolution

Hi. Our small business has had a customer complaint that we are currently working on settling. While we were still in negotiations the customer has taken to social media to attack the business. Telling a very different story to the actual events of the issue. We were offering an amount in compensation even though the issues were not related to our company to settle the matter. We legally do not have to as per our (Signed by customer) terms and conditions. The offer has not been accepted and an amount of 10 times the offer was requested. Where do we stand? Can we refuse any compensation based on the defamation on social media during the resolution period? 

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. That sounds like a challenging and upsetting position to be in. Unfortunately because it is not clear what kind of business you are in or the details of the issue, we are only able to give you very general information. As you already know, your dealings with your customer and your legal obligations will be contained in the terms and conditions. However, in addition to these terms and conditions there may be some implied rights and obligations which the law requires in all consumer contracts. All consumer sales are governed by the Australian Consumer Law (ACL). These additional obligations include such things as “merchantable quality”. This means that regardless of the terms and conditions of a sale contract, if an item is not fit for its purpose than a refund must be given.

In addition to this the ACL provides for the quality of goods and the general requirements and obligations of business owners when serving customers. We recommend that you go to the Australian Competition and Consumer Commission (ACCC) website and and learn a little bit more about your obligations to customers. The ACCC have an online publication available on their website which aims to help small businesses understand their rights and obligations under the Competition and Consumer Act 2010 and the Australian Consumer Law:https://www.accc.gov.au/publications/small-business-the-competition-and-consumer-act

This will allow you to feel more confident about your position, and so will inform your negotiations with the customer.


Suggested way forward

If you are still unsure of where you stand, we recommend that you contact a lawyer who is experienced in consumer law. By pressing the “Take Action” button – which will become available soon – LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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