Section 121 Federal Competition and Consumer Protection Act 2018
Section 121 of the Federal Competition and Consumer Protection Act 2018 is about Consumer’s right to choose or examine goods. It is under Part XV (Consumers’ Rights) of the Act.
(1) Notwithstanding any statement or notice to the contrary, a consumer or potential consumer is not responsible for any loss or damage to any goods displayed by a supplier, unless the loss or damage results from action by the consumer amounting to gross negligence or recklessness, malicious behaviour or criminal conduct.
(2) Where goods are displayed in or sold from open stock, a consumer has the right to select or reject any particular item from that stock before completing the transaction.
(3) Where a consumer has agreed to purchase goods solely on the basis of a description or sample, or both provided by the supplier, the goods delivered to the consumer shall in all material respects and characteristics, correspond to that which an ordinary alert consumer would have been entitled to expect based on the description, or on a reasonable examination of the sample, as the case may be.
(4) Where the supply of goods is by sample, as well as by description, it is not sufficient that any of the goods correspond with the sample, if the goods do not also correspond with the description.
