Electronics retailer Get Gizmo will offer to refund approximately 4,000 customers who were charged for unsolicited purchases before the 10 day cooling off period ended, under a court-enforceable undertaking given to the ACCC by its sole director, Himanshu Bist.
From February to October 2019, Get Gizmo promoted and sold electronic goods by unsolicited telemarketing to around 8,100 consumers in Australia, including many in remote Indigenous communities.
The ACCC alleged that in approximately 4,000 cases, Get Gizmo charged customers for their goods during the statutory 10 day cooling off period.
"There are laws in place to protect consumers during unsolicited calls or visits and this includes a 10 day cooling off period during which a customer can cancel at no financial cost," ACCC Commissioner Sarah Court said.
"Mr Bist has admitted that Get Gizmo accepted full or partial payment for goods during the cooling off period, and that this was likely to have contravened the Australian Consumer Law."
All customers who were charged for products before the cooling off period had elapsed will be contacted by Get Gizmo by email or letter with information on how they can obtain a refund should they wish to do so.
As part of the undertaking, Mr Bist has committed to ensure that Get Gizmo does not engage in any further unsolicited sales for its products.
Mr Bist has also undertaken not to be involved in any business that offers, negotiates or enters into an unsolicited consumer agreement for a period of five years.
A copy of the undertaking is available at: Himanshu Bist
Background:
Get Gizmo is a small electronics retailer that specialises in the direct sale of tablets, mobile phones and laptops to Australian consumers.
