Hard Rock Enterprises admitted to engaging in resale price maintenance and misleading customers about their rights to return faulty or incorrect products, the consumer watchdog said.
Resale price maintenance is the act of prohibiting resellers from advertising or selling goods or services below a specified minimum price, which is considered a violation of Australia’s competition law.
The Australian Competition and Consumer Commission (ACCC) said that Hard Rock admitted that between June 20, 2024 and September 11, 2024, it required 10 resellers to sell its products within a specific price range.
If the resellers would not comply, Hard Rock said it may adjust pricing or stop supplying them with its products.
“The ACCC takes resale price maintenance conduct very seriously as it can cause significant consumer harm, particularly at a time when Australians are facing increased cost-of-living pressures,” Gina Cass-Gottlieb, ACCC Chair, said.
“Suppliers cannot maintain price premiums in an anti-competitive way by setting minimum prices for resellers.”
Moreover, the company admitted to misleading customers about the amount of time they could seek a remedy for a defective product or return an incorrect product.
From at least February 24, 2025, Hard Rock displayed on its website that customers must notify the company of any faulty or incorrect supplied items within seven business days of receiving the goods.
It also stated that the purchaser must notify the company of delivery shortages and incorrect products against invoice in writing within 48 hours of receiving products.
“Consumers are entitled to a repair or replacement if a product is faulty and can choose to receive a refund if the fault is major,” Cass-Gottlieb said.
“The representations made by Hard Rock on their website were false or misleading as they sought to restrict consumers’ consumer guarantee rights by imposing time-limits for returning a faulty or incorrect product.”
The ACCC accepted Hard Rock’s undertaking, effective for three years, which includes admitting to breaching Australian competition and consumer laws; issuing corrective notices to the 10 resellers; removing misleading representations about consumer guarantees from its website; and implementing a compliance program.
Hard Rock sells blank apparel to retailers on a wholesale basis and directly to consumers through its online store. Its customers include uniform shops, merchandisers, and individuals.