Delia is a wedding photographer and has decided that she wants to invest in some new camera and video equipment.

One day she goes to Photography Geniuz Pty Ltd to purchase some new equipment and informs the consultant, David, that what she needs is a camera that is capable of being used underwater at a depth of up to 20 m as she gets clients who wish for her to take unique wedding shots underwater. Based on this information, David recommends that she purchase the Lenix 600, which costs $1000.00.

Delia decides to go with David's recommendation and further purchases special cleaning sprays for $100 to clean her cameras and videocamera with. When she takes these items up to the counter she sees that there are special video-camera bags (labelled as made from genuine leather which are heat-resistant) reduced by 20% in price, so she also buys one of these.

The next week, Delia is scheduled for an underwater wedding shoot in Jarvis Bay and the following happens:

After the first dive Delia notices the camera heating up after just one hour of use and within an hour it stops working altogether. She tries researching on her phone the reason for the breakdown of the camera and discovers that the Lenix 600 is not suitable for use underwater beyond depths of 10m.

Halfway through the trip, the cleaning liquid starts to leak in her bag due to a defective seal on the container. Not realising this, Delia puts her hand into the bag and gets some of the liquid on her wrist, which immediately results in a rash developing on her wrist.

Delia further notices that the leather on the new video bag has started peeling after being in the sun for two hours.

When she contacts Photography Geniuz regarding the above issues, a representative at the store reminds her of the store policy which was: 'No returns and no refunds under any circumstances. All rights under the Australian Consumer Law are excluded under this transaction'.

Please answer the following questions using the Australian Consumer Law (ACL):

(a) Advise whether Delia is a consumer for purposes of the ACL and hence whether she has any rights under the ACL. (3marks)

(b) Advise Delia whether she has any rights to a refund, exchange or compensation in the circumstances.

(7 marks)

(c) Advise if the store policy that Delia was informed about is legal under the ACL. (3 marks)

(d) Explain if Delia has been subjected to any type of 'Prohibited Conduct' as per the ACL. Advise of all possible arguments that could be raised under the ACL.

(7 marks)