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Consumer Watch with Cheryle Dennis: What to know about your rights ahead of Valentine’s Day purchases

Cheryle DennisGeraldton Guardian
SYDNEY, AUSTRALIA - FEBRUARY 12: Roses are seen on display at the Bagala Bros flower stand at Sydney Markets ahead of Valentine's Day on February 12, 2022 in Sydney, Australia. With Australians predicted to spend an average of $111 on Valentine's gifts this year according to research from the Australia Retailers Association, and roses on the top of the gift list, the Australian flower industry is preparing for a busy weekend. Michael Bagala of Bagala Bros flower company said, “As soon as Covid-19 hit our sales dropped dramatically, easily 60% down. And then after that, once people started to realise this wasn’t just going to be a two-week lockdown, it was going to be months upon months of lockdowns - they were at home and one of the few ways of contacting loved ones was by sending flowers. That was the really nice thing about our industry, we were still able to operate and people were able to send beautiful flowers when obviously we couldn’t see each other in person. We were just grateful we were still able to work.” Established for over 40 years, Bagala Bros is a second-generation flower farming company, wholesaler and importer, with a rose farm situated in New South Wales's Horsley Park. Growing a variety of roses all year round in a production facility using hydroponics technology they're working around the clock in preparation for this year's Valentine's Day celebrations. (Photo by Lisa Maree Williams/Getty Images)
Camera IconSYDNEY, AUSTRALIA - FEBRUARY 12: Roses are seen on display at the Bagala Bros flower stand at Sydney Markets ahead of Valentine's Day on February 12, 2022 in Sydney, Australia. With Australians predicted to spend an average of $111 on Valentine's gifts this year according to research from the Australia Retailers Association, and roses on the top of the gift list, the Australian flower industry is preparing for a busy weekend. Michael Bagala of Bagala Bros flower company said, “As soon as Covid-19 hit our sales dropped dramatically, easily 60% down. And then after that, once people started to realise this wasn’t just going to be a two-week lockdown, it was going to be months upon months of lockdowns - they were at home and one of the few ways of contacting loved ones was by sending flowers. That was the really nice thing about our industry, we were still able to operate and people were able to send beautiful flowers when obviously we couldn’t see each other in person. We were just grateful we were still able to work.” Established for over 40 years, Bagala Bros is a second-generation flower farming company, wholesaler and importer, with a rose farm situated in New South Wales's Horsley Park. Growing a variety of roses all year round in a production facility using hydroponics technology they're working around the clock in preparation for this year's Valentine's Day celebrations. (Photo by Lisa Maree Williams/Getty Images) Credit: Lisa Maree Williams/Getty Images

Sending your loved one wilted flowers on Valentine’s Day probably won’t get you the reaction you were hoping for.

Before you get a bunch of dead roses thrown in your face, Consumer Protection hopes there’s time to explain you have rights under Australian Consumer Law (ACL).

Consumer guarantees kick in on products purchased through Australian-based stores, including online.

When a V-Day gift arrives but isn’t what was advertised, such as flowers that are significantly different to the photo, or are wilted, you have a right to a remedy under the ACL, such as a refund, replacement or repair.

You also have rights if your special someone receives their gift late and you were guaranteed a V-Day delivery.

In the first instance, contact the retailer and see what they can do for you. Remember — you do not have to accept a credit note as a remedy.

Guarantees also apply on products purchased through overseas traders, however it is much harder to enforce, so keep this in mind when shopping.

West Aussies should continue to be vigilant to scammers when shopping online. In 2023, online shopping scams claimed 305 WA victims, who lost a combined $631,315.

To avoid being scammed, look out for social media businesses that display few or no contact details, as well as poorly edited ads with bad English. Also, don’t pay for gifts through direct bank transfer, only use PayPal or credit card so you can dispute or request a reversal of charges if your gifts don’t arrive.

If you’re looking online for a special someone, you should be on high alert for romance scammers as Valentine’s Day approaches.

Once a romance scammer has established trust, they will share elaborate stories and ask for money they say is to cover costs with illness, injury, business expenses, duty or customs fees, legal costs, family crises, or travel. Consumer Protection advises you to never share your bank account or credit card details with, or transfer money to, someone you haven’t met in person.

For more information about romance scams, visit scamwatch.gov.au/types-of-scams/dating-romance

If you have tried to seek a remedy for your dead flowers without success you can make a formal complaint with Consumer Protection at consumerprotection.wa.gov.au or call 1300 30 40 54.

Cheryle Dennis is acting senior regional officer for Consumer Protection in the Mid West

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