Question
Empress Furniture Pty Ltd sells a range of furniture, and is especially famous for its couches. Empress Furniture promotes its newest range of couches in
Empress Furniture Pty Ltd sells a range of furniture, and is especially famous for its couches. Empress Furniture promotes its newest range of couches in catalogues and television advertisements, using the following statements, which are in large, bold letters:
"The most stylish couches in the world"
"Experience the luxury leather feel"
"Now you can enjoy the luxury of leather for less"
"$3500 this week only*"
An asterisk (*) appears after "$3500 this week only", and at the bottom of each advertisement there is a statement in very small print stating "plus $200 delivery charge". Empress Furniture does not allow customers to collect the couches - delivery by the store is mandatory.
The small print in the advertisement also states that: "Furniture can only be returned if covered by Empress Furniture's 60 day warranty period". A sign with the same statement also appears in its showroom.
The couches sold by Empress Furniture are not covered in leather. Instead they are covered in a synthetic material that has the appearance and feel of leather. It is not durable as leather and will peel over time.
Advise Empress Furniture whether it has breached sections 18 and 29 of the Australian Consumer Law, including references to any relevant legal cases to support your arguments.
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