Thank you for your correspondence of 26 December 2012 to the Australian Competition and Consumer Commission (ACCC) regarding an item recently advertised by Harvey Norman Holdings Ltd (Harvey Norman). I understand Harvey Norman cancelled your order for this item due to an advertising mistake. Your reference number for this matter is #.



The ACCC is responsible for administering the Competition and Consumer Act 2010 which incorporates the Australian Consumer Law (ACL). The ACL provides a range of provisions that protect consumers when they purchase goods or services. In addition to general prohibitions against misleading or deceptive conduct, the ACL also prohibits businesses from making false or misleading representations in relation to the price of goods or services. Ultimately, only a court can determine whether particular conduct would breach the ACL.



A ‘mistake’ cannot be used as a defence for misleading or deceptive conduct under the ACL. But the ACCC would usually not pursue a genuine mistake in pricing, provided the business immediately worked to rectify the mistake to reduce detriment suffered by their customers. However, we constantly monitor the conduct of businesses through our complaint database, and repeated mistakes could indicate a pattern that might suggest further action was appropriate. As such, the details of your this matter have been recorded, and will be used to assist in prioritising our compliance and enforcement activities.



Finally, the ACL does not define whether or not you can force a business to complete such a transaction. Whether Harvey Norman are obligated to supply you will depend upon the circumstances of the offer, and you may need to seek legal advice on your rights in this situation.



Thank you for bringing this matter to the ACCC’s attention. I hope this information is helpful.



 Yours sincerely