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?
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.
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