QUESTION 2 10 MARKS

Like most shop-front businesses, Now I see you Optometry Pty Ltd ('Now I see you') was affected by the COVID pandemic. In 2021 their marketing activities on their website, Facebook and Instagram said they were offering 'Pair for Pair' with statements such as:

For every pair of glasses purchased, a pair is donated to someone in need,

and

Buying a pair of glasses today? As soon as you do, we'll donate a pair to someone in need,

and

We have partnered with Gardenia Charities which helps build sustainable eye care programs.

In the period June - December 2021, 'Now I see you' sold 15,637 frames, and donated 100 frames, none of which went to Gardenia Charities.

Has 'Now I see you' breached the Australian Consumer Law? Fully discuss this issue. Assuming it has, discuss the consequences of such a breach.