Michael Sklovsky Pty Ltd (trading as Ishka), Toby Lepoer Darvall and Michael Gregory Weigall Sklovsky - Enforceable undertaking

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Date
28 February 2017
Category
Enforceable undertakings

The operator and directors of Ishka retail stores will pay $2,500 into the Victorian Consumer Law Fund, issue recalls and refund customers, after acknowledging that three of its stores sold sunglasses with labelling that did not comply with the Australian Consumer Law (Victoria) (ACL Vic).

Michael Sklovsky Pty Ltd (ACN: 005 417 327) operates the Ishka chain of homewares/gift stores across Victoria, the Australian Capital Territory and New South Wales.

In September 2015, Consumer Affairs Victoria staff inspected Ishka stores in Bendigo, Fitzroy and Preston, and seized 536 assorted pairs of sunglasses. Testing confirmed that the sunglasses did not meet the labelling requirements of the consumer product safety standard for Sunglasses and fashion spectacles.

The company’s directors, Toby Lepoer Darvall, 48, and Michael Gregory Weigall Sklovsky, 67, acknowledged that Ishka had breached the ACL Vic by supplying or offering to supply the non-compliant sunglasses. As well as the $2,500 payment, they have agreed to:

  • not supply, offer to supply or be in possession or control of certain items that are subject to a ban order, or do not comply with relevant safety or information standards. These include aquatic toys, bath aids for babies, cots, hot water bottles, luggage straps, projectile toys, and swimming and floatation aids
  • initiate a voluntary recall, to be published on the Product Safety Australia website
  • publish the recall notice on the company website for 90 days, and display it at points of sale for 50 days
  • provide refunds on the recalled items
  • attach the correct labelling to any recalled sunglasses that are returned
  • implement a compliance program designed to ensure Ishka does not supply, offer to supply, possess or control certain items that are subject to a ban order, or do not comply with relevant safety or information standards.

Mr Darvall and Mr Sklovsky also authorised the Director of Consumer Affairs Victoria to destroy and dispose of the sunglasses seized during the 2015 inspections of Ishka’s stores.

Download the full text:

Michael Sklovsky Pty Ltd, Toby Lepoer Darvall and Michael Gregory Weigall Sklovsky – Enforceable undertaking (PDF, 6.5 MB)

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