Shopbots Clone listings seem deceptive so are they in breach of the Trade Practices Act?
Review - Shopping Price Comparison Scams in 2012.
Updated May 18th 2012 Page 1 of 2
Clones ..are duplicate stock web shops controlled by the same people, giving the impression they compete with each other on price for the same items as listed on various shopping comparison web sites.

Four prices from the same group, it that a genuine price comparison?
ACCC vs. Google case may have implications for any misleading information provided by shopping engines to people seeking genuine competitive prices. Further the ACCC is now investigating price collusion with petrol companies. "Shopbot" price manipulation is much easier to spot!
ACCC wins case over misleading Google links:"..the ACCC revised its statement of claim to allege that the search-based sponsored links listed on the right side of the Google search results are misleading and deceptive, and in breach of the Trade Practices Act." "This is an important outcome because it makes it clear that Google and other search engine providers which use similar technology to Google will be directly accountable for misleading or deceptive paid search results." (Source 2) |
The international precedent set by a ruling of the Australian Federal Court means that instead of just being the messenger, Google is responsible for the misleading ads generated by a search. |
The ACCC’s Chairman, Rod Sims, said in a statement:
“The ACCC brought this appeal because it raises very important issues as to the role of search engine providers as publishers of paid content in the online age,” Sims said. “This is an important outcome because it makes it clear that Google and other search engine providers which use similar technology to Google will be directly accountable for misleading or deceptive paid search results”
Deception, Price Collusion or just smart business?
- 15/5/12 shopbot.com.au C510 Webcam wrong prices examples.
- With game.com.au getting into trouble in May are times so tough that shopping engines don't have the resources to cross check price listings?
- Clones best cover stories win the Bart Award
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Shopping Comparison or "Shopbot" web sites that host Clones or price comparison listings that could be seen as: "arrangements or understandings that cause or are designed to erode competition"..are doing the public a great disservice. 1 |
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We welcome comments from people or companies named here in case there is a misunderstanding. We're more than happy to correct any errors brought to our attention. E. & O.E.
"..Australian law bans contracts, arrangements or understandings that cause or are designed to erode competition.." - ACCC
"..The Clone sites are not appearing on shopping engines to increase competition..." -- AIM
Clone listings by their almost sequential pricing nature (worse still if they were in fact genuine "competing" businesses) force out other competitors.
The prices above seem to us to be in breach of the specification "arrangements or understandings that cause or are designed to erode competition" as their purpose (it seems) is to push competitors down the list. If they are indeed separate companies (rather than Clones) more so, as how do they manage to share this price data?
Clone ownership was spotted long ago..
The Bart Simpson defence “I didn't do it, nobody saw me do it, there's no way you can prove anything!”A director of tech4u.com.au and megabuy.com.au (etc.) said in relation to his involvement with tech4u.com.au:
"..As I said previously, both use the same technology, but have different owners / directors / webstes / etc and are based in different states.."
-- 3 errors in that statement alone.
When asked if tech4u.com.au was any good NickES said:"..Just make sure they have a phone number or some other way to contact them other than just email or website. Also good to check how quickly people respond to emails during business hours. That's usually what differentiates the good and the bad online retailers.."
-- Useful information from the owner.More > Whirlpool Forums
Most Clones seem to list on shopbot.com.au because they see it as an easy target that does little cross checking and has a lot of traffic?
Even when sites habitually have listings that don't match landing pages like megabuy.com.au + Clones they don't seem to be suspended.
"..We are an Australian price comparison website with over 60,000 visitors per day and are currently helping around 700 merchants Australia wide to gain more sales online.."
John Craige - Shopbot.com.au
Is it really 700 merchants?
What happens if you take the Clones into account?
Today Tonight - A Current Affair - ABC News - The 7.30 Report - ACCC
With all the talk in the media about online shopping in Australia with stores like Myer, Big W, Target and Harvey Norman, how people find genuine prices in the first place? Forget the Craig Thomson affair we've got a real story!
This is how shopping comparison web sites could knowingly allow clones to mislead you.
This is page 1 of 2 see page 2 for "Clone of the month" etc.
Price collusion? Misleading or deceptive price listings?
May 11th 2012 shopbot price listing.
8 out of 10 listings are wrong in this Clone filled shopbot example.
Checking back on the above most were still incorrect on the 14/5 or 4 days later. On the 16/5 most listsing were correct, 5 days or more to fix incorrect listings seems a little long.
- Click the image above for latest example. We'd love to give shopbot a few ideas on how you could fix the problems but will pride get in the way of a smart business move?
17/5 shopbot.com.au - CPQ LA2206x
18/5 shopbot.com.au ENT DUAL-PORT PS2 CABLE
The prohibition on misleading conduct is set out in section 18(1) of the Australian Consumer Law: "A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."
Price Collusion is where companies work together to keep the price of a product or service at an level to make profits or chase out competitors.
"..If the overall impression left by an advertisement, promotion, quotation, statement or other representation made by a business creates a misleading impression in your mind—such as to the price, value or the quality of any goods and services—then the conduct is likely to breach the law.." - ACCC |
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In a nut shell..
If you went shopping for say Jeans in 3 "real" shops and purchased from the shop that was the cheapest wouldn’t you feel ripped off to later learn the same people were running all three shops?
Clone of the week
See page 2 also as this is just the tip of the iceberg.
- digitalhardware.com.au / (hardwaresolution.com.au)
- digiworld.com.au
- secureglobal.com.au
All showed the same maintenance message at the same time from a shopbot.com.au same product listing (1/5/12). While only 3 were in this listing (good thing) all 4 have the same errors on their pages. Nothing wrong with having 100 web sites unless you're pretending to compete on price (misleading the public) on shopping engines price listings.
"..This website is currently closed for maintenance.."
More Clones >> Page 2
Legal Disclaimer:
This page contains statements of pure opinion and fair comments made in good faith in the interest of the public. To ascertain the facts please do your own research. There may also be quotes from and links to external sources please see their disclaimers.
If you or your companies have been mentioned here and can prove that information contained herein is incorrect please contact us via email with the details so we can make the correction. It is possible that some sites we refer to as clones are simply duplicates run honestly by independent people.
The Truth about [||||] "In-Stock"
Yes we have that "In Stock"
People hate paying for something that was "In Stock" that's not, then waiting for it or fighting for a refund.
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If any of the shops in our examples sells an item it's no longer available to their clones.
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Sold by one means it's also sold by all.
In the shopbot.com.au search below we know the distributor had just one toner available.
There are several "Clone sites" in the listing making the "In-Stock" problem even worse:-

- The stock listings above can't all be correct.
- Note same stock counts also use same image etc. More about Clone Sites
This is why sites should not charge your card till they double check the true availability.
- Shopping sites like shopbot.com.au can list data months out of date or simply wrong.
Most e-stores update every few days or even every few hours, they hope in the time between updates your item has not been sold by another shop showing the exact same stock.
Some e-stores mislead you into thinking they have stock in their store when in the majority of listings they don't.
Often it's just a P.O. Box, especially for Clone sites there to grab extra spots in the "shopbots".
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Whirlpool Forum "In-Stock" dissapointment posts.
What some people don't realise is when most e-stores (as found on shopping bots) claim X number in stock that's divided between every similar e-shop in Australia. Bottom line is they often take your money then see if they can still get it. You're their finance company. We do it the other way around! (Get it then take your money!)
The down side of many e-stores
- Many pretend that THEY have everything in stock at THEIR company by using misleading wording.
- There are many Clone sites which makes the stock problem a lot worse.
- You pay in advance of them having the stock, they use your money to buy the stock rather than keep it ready to dispatch which means you pay then they try and get it, if you're lucky it all works else you have a fight on your hands.
- The Clone sites all try to have the lowest price even if many can't stay in business that way.
- They often use several suppliers credit and clients payments in advance as business funding. Works till the distributors all want to be paid. The average debt per distributor seems to be several hundred thousands from looking at receivers statements.
The over selling problem
Negative stock means that we see every day with the distributors means they have sold more than they had. You may have known it would be on back order because all you've seen was Stock 5+ (or whatever) and assumed all would be OK.
How can you tell who really keeps stock?
- Stock [||||] 5+ or stock xxxx-number often means they have no "real" stock.
- "In stock" "In store" doesn't necessarily mean they have or can get it. Ask them before you pay.
- "No Pickups" normally means they do not keep stock.
How we safeguard you against paying for items that don't arrive.
You could be thinking you've pointed out all the problems how are you any different?
Below are some features we offer that we suggest you look for when making a purchase from any web site.
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We hold stock of our best selling items, we buy in bulk. Learn more
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Our warehouse cam can show your item. (We use distributors for items also)
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We don't actually charge your card till we've checked stock, regardless what warehouse it's coming from.
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BPAY accepted sorts out many of the fly-by-nighters. We accept BPAY.
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How long have they been in business? We've been going since 1984. Learn more
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If after the above we still mess up we'll refund you right away.
Australian Interactive Multimedia (AIM)Established in 1984, we specialise in digital imaging products such as Scanners, Home Cinema & Data Projectors, A3/A4 Colour Laser Printers, Scanners, Toner, Colour Calibration and much more. AIM trades as AIM Digital Imaging with bulk buying power offering great deals & fast Australia Wide delivery. Company Registration Date 22/10/1984 - A.C.N. 33 006 341760 |
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More lncluding "Clone of the Week" Page 2
Related search terms - shopbop staticice shopbot forum jb hifi harvey norman getprice officeworks myshopping
1. corporation shall not: (a) make a contract or arrangement, or arrive at an understanding, if: (i) the proposed contract, arrangement or understanding contains an exclusionary provision; or (ii) a provision of the proposed contract, arrangement or understanding has the purpose, or would have or be likely to have the effect, of substantially lessening competition; or (b) give effect to a provision of a contract, arrangement or understanding, whether the contract or arrangement was made, or the understanding was arrived at, before or after the commencement of this section, if that provision: (i) is an exclusionary provision; or (ii) has the purpose, or has or is likely to have the effect, of substantially lessening competition.
-- 45 Contracts, arrangements or understandings that restrict dealings or affect competition
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