By the rule of Australian Consumer Law, if you buy products and services they come with automatic guarantees that they will work and do what you want. If you buy something that isn't right, you have consumer rights.
Guaranteed products and services are:
Businesses must guarantee products and services which they sell, hire or lease for:
● under $40 000
● over $40 000 that are normally bought for personal or household use.
Business vehicles and trailers are also covered, irrespective of cost, provided for transport goods.
Consumer law gives or sell you any other warranties regardless of automatic guarantees that can provide businesses. ,
Consumer guarantees on products and services:
Since 1 January 2011, the following consumer guarantees on products and services apply.
Products must be of acceptable quality, that is:
● safe, lasting, with no faults
● look acceptable
● do all the things someone would normally expect them to do.
Acceptable quality takes into account about the type of product and cost.
Products must also:
● match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising
● match any demonstration model or sample you asked for
● you made known to the business before purchasing for any intention
● come with full title and ownership
● not carry any hidden debts or extra charges
● come with undisturbed possession, so no one has a right to take the goods away or prevent you from using them
● meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers
● have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.
● taking all necessary steps to avoid loss and damage
● be fit for the purpose you and the business has agreed to give the results.
● be delivered within a reasonable time except agreed end date.
Consumer guarantees on products and services also apply to:
● bundled products and services
● gifts with proof of purchase
● sale items
● online products and services bought from Australian businesses
● second-hand products from businesses, taking into account age and condition.
Claimer of remedy from: email@example.com
You can claim from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.
The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.
The retailer can’t refuse to help you by sending you to the manufacturer or importer.
You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:
● acceptable quality
● matching description
● any extra promises made about such things like performance, condition and quality
● repairs and spare parts - the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.
You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss.
You can claim a remedy from the supplier if the services do not meet any of the consumer guarantees in relation to services. Remedies include cancelling a service and in some cases compensation for damages and loss.
Exceptions to guarantees
Consumer guarantees do not apply if you:
● you decided that you did not like the purchase or had no use for it some where else.
● misused product caused the problem
● be aware before you bought the product
● about the business you are unclear for a service .
● Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:
● worth more than $40 000 purely for business use, such as machinery or farming equipment
● you can re-supply as a business
● bought as a one-off from a private seller, for example at a garage sale or fete (but you have no rights to full title, possession and unknown debts or extra charges)
● bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges).
Different laws apply to insurance or financial services and for products or services you bought before 2011.
Repair, replace, refund
If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Australian Consumer Law. It will be depended on the issue that is major or minor.
● Repair, replacement or refund
● Replacements and refunds
● What is a major problem?
● Returning the product
● Approaching the retailer or manufacturer
● 'No refund' signs and expired warranties
● If it’s not right, use your rights
● More information
Repair, replacement or refund
You can want business for your preference of a free repair, replacement or refund without entitled to one. For example, the consumer guarantees simply changed your mind and not found it cheaper somewhere, decided you did not like the purchase or had no use for it.
See: Exceptions to consumer guarantees
If you have a major or minor problem with a product or service,you have the right to ask for your choice of a replacement or refund. You can choose to receive compensation for the drop in value below the price paid, or a refund.
If the problem with a product or service is minor, you must accept a free repair if the business offers you one.
If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
● get it done elsewhere and pass on the costs to the business
● ask for a replacement
● ask for a refund
● recover compensation for the drop in value below the price paid.
By the rule of Australian Consumer Law, businesses accepting goods for repair must provide consumers with repair notices when:
● the goods being repaired are able of keeping user-generated data, for example, mobile phones, computers, portable music players and other similar electronic goods
● it is the repairer’s practice to supply refurbished goods instead of repair defective goods, or to use refurbished parts in the repair of defective goods.
The consumer can receive the repair notice in writing before the goods are accepted by the business for repair.
Replacements and refunds
You can ask for a replacement or refund about the major problem of the product.
Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid.
Before buying the product, you must consider the following factors:
● type of product
● how a consumer is likely to use the product
● the length of time for the product to be used
● it will be expected to tolerate before the failure becomes noticeable.
For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided that you have paid.
What is a major problem?
A product or good has a major problem when:
● it has a problem that would have stopped someone from buying it if they’d known about it
● it is significantly different from the sample or description
● about its unfitness, can easily be fixed within a reasonable time
● it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
● it is unsafe.
A service has a major problem when:
● it has a problem that would have stopped someone from buying it if they’d known about it
● unfit for its common purpose and can’t easily be fixed within a reasonable time
● it could not be easily rectified within a reasonable time and does not meet specific your purpose.
● it creates an unsafe situation.
Returning the product
You can return a product if there is a problem, You are responsible about it can be posted or easily returned. if the product is confirmed to have a problem, keep your receipts to recover it.
When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. Examples include:
● a wide screen TV
● a bed
● an extension ladder stuck in the extended position
● a product that has been subsequently installed, like a stove or a dishwasher.
You do not have to return products in the original packaging in order to get a refund.
If the product is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated in an attempt to deter you from pursuing your claims.
Approaching the retailer or manufacturer
The retailer cannot refuse to help you by sending to the manufacturer or importer. You can directly approach them, bt, you will only be entitled to recover costs from them, which include an amount for reduction in the product’s compensation for damages or loss. You cannot demand a repair, replacement or refund from the manufacturer.
See also: Who to claim a remedy from
'No refund' signs and expired warranties
It is against the law for businesses to tell you that they do not give refunds under any circumstances, including for gifts and during sales.
Your rights under the consumer guarantees do not have a specific expiry date and can apply after expiry.
Compensation for damages & loss
You can seek compensation for damages and losses with a product or service if the supplier could have reasonably predict the problem. This is in addition to your repair, replacement or refund rights.
What compensation is covered?
Compensation includes the cost to you caused by a problem with products or services. This is usually financial costs, but can include other costs such as lost time or productivity.
It can be hard to put a dollar figure on compensation for damages and loss. Compensation should put you in the position you would have been in if the products or services had done what they are expected to under consumer guarantees.
For example: A consumer took their curtains to a dry cleaner to be dry cleaned. When he returned to pick up their curtains they were badly damaged. The consumer would not only be entitled to a remedy for the defective service (e.g. a refund for the dry cleaning fee) but also have the dry cleaner pay for the loss incurred. This could include the dry cleaner paying to replace the curtains.
What is not covered?
Businesses do not have to pay for damages or losses that:
● are not caused by their conduct, or their products
● after the goods left their control, related something independent of their business
Misleading claims about compensation
Suppliers must not mislead you about your rights to compensation by stating they are not responsible for any losses during or after using the product or service.
Making a claim for compensation
Take the following steps to make a claim for compensation:
1. Work out an accurate amount of compensation you would need to return you to the financial position you were in before the problem occurred.
2. Contact the business verbally or in writing to explain the problem and present your claim for compensation. You may also want to ask for a refund or replacement.
3. Show proof of purchase with a receipt or bank statement.
4. If the supplier refuses to discuss your compensation claim or you cannot negotiate an agreement, you can seek formal dispute resolution or take legal action.