Incorrect pricing

Eddy · 2017-08-25T13:26:34.000Z

Your choice of course but it doesn’t change the fact.

DavidR · 2017-08-25T16:51:38.000Z

firefly2560 post:3:

It doesn’t say that. In Australia you must either include GST in the quoted price or advertise the quoted price as “excluding GST”. There was nothing to say why the price had jumped by $10.
I think I’ll stick with my original decision to ditch Avast in favour of something else.

I believe the price is also shown in $US and then converted to the local currency, this may account for some irregularities.

firefly2560 · 2017-08-25T23:04:39.000Z

Eddy post:4:

Your choice of course but it doesn’t change the fact.

You’ve ignored the fact that Avast didn’t specify that the quoted price didn’t include GST. That’s illegal in Australia. I’m not considering ditching Avast over a $10 price difference. I’m objecting to the fact that they are ignoring Australian consumer law.

Eddy · 2017-08-26T01:17:28.000Z

You should pay attention next time on what is on the screen.
I’ve just tested it and the tax is mentioned before you finish the order.

Nothing illegal, just another user who should look/read better.

system · 2017-08-26T01:50:59.000Z

I too am in Australia, and I’ve been struggling with exactly the same problem over the past day or so. I have Avast Internet Security, and Avast has for days been popup-nagging me to extend my soon-to-expire subscription, offering a “best deal” of AU$80-minus-a-cent for AIS/1-PC/2-years. I tried renewing using the “best deal”, but as soon as I got to the agree-and-purchase step of the renewal, the price was without explanation lifted to AU$88-minus-a-cent. I stopped right there.

A note to Avast: Right from the beginning when a consumption tax (GST) was introduced in Australia in 2000, it was mandated, as firefly2560 has said, that merchants must include GST in the quoted price or make it clear that the quoted price does not include a mandatory additional GST component. The purpose of that rule was to prevent merchants misleading customers about the true price of an item and springing a last-second tax “surprise” on them at the checkout.

Avast, you or your billing agents are in breach of Australian consumer law in how you are advertising your pricing to us. If you won’t abide by our consumer law, then perhaps you should reconsider whether it is proper for you to continue marketing your products in Australia.

My Avast Internet Security subscription expires in a couple of days, and, as a result of this pricing deception from Avast or their billing agents, I’ve researched and decided on a paid-for product from another vendor that will replace AIS on my PC.

Eddy · 2017-08-26T08:34:24.000Z

The tax is shown before you finish the buy, so what is the problem besides you are not reading what is on your screen ?

system · 2017-08-26T12:43:24.000Z

Here’s the screenshot that I sent to Avast. There is nothing itemised near the second circled figure to indicate that the AU$8 disparity is attributable to tax.

The point that you are not getting, Eddy, is that Australian consumer law REQUIRES merchants to include the GST as part of an advertised or quoted price (unless the merchant takes the unusual option of specifically stating that the price does not include an expected GST obligation). Avast ADVERTISED (and repeatedly) what I was going to buy at AU$79.99 without qualification – which under Australian law implies that GST has been included in the cited price. If a merchant advertised something at a certain price on TV, and then sprung a GST tax “surprise” on customers when they came to actually purchase the product, that merchant could be prosecuted.

It may be the case that in other places – say, in some states of the US – sales tax is not included in the displayed price, but is added at the checkout of the store. That practice will not fly in Australia. Because merchants in Australia are REQUIRED to include the GST as part of the cited price – and because every other merchant here seems to be able to abide by that requirement – Australians are legally entitled to assume that a price cited without any immediate qualification about tax is already inclusive of any GST imposition – no ifs or buts or resorts to the fine print.

It’s a legal requirement in doing business in Australia. If Avast are acknowledging an obligation to collect GST for the Australian government, then Avast are implicitly acknowledging that they are operating under Australian law in marketing their products here. Therefore, Avast also need to ensure that their advertising and quotation of prices conform with Australian law.

Asyn · 2017-08-26T14:39:19.000Z

Contact Sales: https://support.avast.com/support/tickets/new?form=1

system · 2017-08-26T16:17:09.000Z

@Asyn – Thanks, but I already submitted a complaint to Avast two days ago.

I have enough material already – and I can generate more – to substantiate a complaint to the relevant government authority here about Avast / Digital River’s irregular practices under Australian consumer law. I’ll hold my fire for the moment and leave Avast an opportunity during the upcoming office-hours week to read and consider comments from firefly2560 and myself here.

bob3160 · 2017-08-26T16:39:58.000Z

Also please realize that we aren’t part of Avast. We are Avast users just like you. That includes Eddy.

Asyn · 2017-08-26T16:41:03.000Z

Cruddy McCrudface post:12:

@Asyn – Thanks, but I already submitted a complaint to Avast two days ago.

NP, post your ticket-ID, so I/we can forward it (if need be).

system · 2017-08-26T23:59:59.000Z

@bob3160 – Yes, I realise that this is a user community, but it’s frustrating when someone keeps summarily dismissing firefly2560’s and my complaints with “you’re not reading it properly” when, if Avast / Digital River are marketing their products here under Australian law, there is no onus on the customer here to read the fine print to check if there might be a tax “gotcha” lurking therein. Merchants in Australia are required to be very transparent about GST, so that’s what customers expect.

@Asyn – I’ll allow Avast the opportunity to show how readily they can respond to a customer complaint without the “incentive” of the customer having raised a stink in a publicly-visible forum. This isn’t just about firefly2560 or myself.

When I noticed that the billing was being done by Digital River Ireland, I originally surmised that the unannounced 10 percent lift in the price at checkout time might be a local consumption tax (like Australia’s GST). My understanding is that Ireland, being an EU member country, is required to have a consumption tax, and that merchants in one EU country are obliged to levy the consumption tax if selling to a customer in another EU country. However, they are not required to levy the consumption tax if selling to a customer in a non-EU country. I’ve had experience of that. I’ve made an online purchase from Germany, and two online purchases from Finland, and in each case the billing showed that my purchases were exempted from their local consumption taxes because I’m in a non-EU country.

The rate of GST (consumption tax) in Australia is 10 percent, so the unannounced 10 percent lift in the price at the last moment coincided with that. Now, it’s possible that Digital River, under their marketing arrangements here, are required to collect GST for the Australian government. If so, fine, but you can see from the screenshot that I posted earlier that they’re not explicitly claiming to be doing that. There’s no mention or itemisation of GST. On the other hand, for all I know, Digital River could be letting Australian customers ASSUME that the 10 percent increase is for GST, but DR could then be pocketing that additional 10 percent themselves.

firefly2560 · 2017-08-27T03:53:00.000Z

Eddy post:7:

You should pay attention next time on what is on the screen.
I’ve just tested it and the tax is mentioned before you finish the order.

Nothing illegal, just another user who should look/read better.

I did pay attention. Get your facts right before you criticize. There is nothing on the screen that says “tax”. I have a screen shot, but I notice that another user has also submitted a similar screen shot.

Eddy · 2017-08-27T04:00:56.000Z

See reply #6

firefly2560 · 2017-08-27T04:05:43.000Z

Cruddy McCrudface post:12:

@Asyn – Thanks, but I already submitted a complaint to Avast two days ago.

I have enough material already – and I can generate more – to substantiate a complaint to the relevant government authority here about Avast / Digital River’s irregular practices under Australian consumer law. I’ll hold my fire for the moment and leave Avast an opportunity during the upcoming office-hours week to read and consider comments from firefly2560 and myself here.

I have also considered a similar action. Like Cruddy, I’m waiting to see Avast’s response to my ticket. Consumer protection authorities here take a dim view of overseas suppliers that don’t follow Australian law, and I took a successful action against another well-known supplier a few months ago.

firefly2560 · 2017-08-27T04:09:58.000Z

Eddy post:17:

See reply #6

I saw reply #6. Now show me where it says “tax”.

Eddy · 2017-08-27T04:16:43.000Z

What part of that it did show the tax for me is it you don’t understand ?

firefly2560 · 2017-08-27T04:50:48.000Z

Eddy post:20:

What part of that it did show the tax for me is it you don’t understand ?

The bit where is doesn’t say “tax”.

bob3160 · 2017-08-27T09:45:05.000Z

@ Eddy,
Arguing isn’t going to solve the problem.
@ Firefly,
Post your ticket# when you get it as requested by Asyn. Thanks

system · 2017-08-28T06:46:41.000Z

@firefly – It appears that Digital River Ireland Limited are registered in Australia for GST:

https://abr.business.gov.au/SearchByAbn.aspx?abn=83053310056

That hardens the probability that the transaction, with its unexplained 10 percent surcharge, is being conducted under Australian jurisdiction, and therefore falls foul of the transparency requirements re price quotation and GST.

Regardless of legal requirements, it seems odd to me why any business would leave part of the bottom-line total of a transaction unitemised.

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