Navigating your consumer rights can be confusing. In our experience, even retailers and manufacturers don't always understand what the rules are.
We've put together this guide to help you understand your rights when you go shopping, and what to do when a product doesn't live up to expectations.
On this page:
- Products covered by the ACL
- What to do if you have a problem
- Phone and email templates to help you
- What to do if the business refuses to help
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Australian Consumer Law (ACL) covers you when you're buying or paying for goods, just like it does for services. This guide explains the legal guarantees you have as a consumer, and how you can take action to resolve an issue.
Products covered by the ACL
Consumer guarantees apply to all purchases for personal and household use and cover:
- New and secondhand items
- Sale items
- Online purchases
- Gifts with proof of purchase, like a receipt or bank statement
Problems the ACL doesn't cover
Consumer guarantees won't apply if you:
- Bought the product before 1 January 2011
- Bought the product privately like at a garage sale
- Are re-selling or modifying the product as part of a business you're running
- Changed your mind or saw the product cheaper somewhere else
- Bought the product at auction where the auctioneer is acting as an agent for the seller
What to do if you have a problem
1. Contact the business
Before you take action, first contact the business and talk to them about your issue. Sometimes a call is all that's needed to fix the problem.
When you call the business, take notes on who you spoke to, what you discussed and the relevant dates. That means the conversation is recorded in case you need to refer to it later.
CHOICE tip: You can also use live chat with a business as a record of what you were told a product would do. Screenshot the conversation, download it or request the transcript. If something doesn't work as promised, you'll have the evidence.
When you contact the business, use some key phrases to get your point across. Our email and phone templates can help with advice on what to say.
To find out if your specific problem is covered by consumer guarantees, follow the next steps.
2. Work out what kind of problem you have
The ACL sets out consumer guarantees which can help you address problems with something you bought. You can refer to these guarantees when you contact the business about your issue.
You're able to get a repair, replacement or refund if what you bought doesn't meet one of these guarantees. Which one you can ask for depends on whether the problem is minor or major (see step 3).
Australian Consumer Law (ACL) covers you when you're buying or paying for goods, just like it does for services. This guide explains the legal guarantees you have as a consumer, and how you can take action to resolve an issue.
Products covered by the ACL
Consumer guarantees apply to all purchases for personal and household use and cover:
- New and secondhand items
- Sale items
- Online purchases
- Gifts with proof of purchase, like a receipt or bank statement
Problems the ACL doesn't cover
Consumer guarantees won't apply if you:
- Bought the product before 1 January 2011
- Bought the product privately like at a garage sale
- Are re-selling or modifying the product as part of a business you're running
- Changed your mind or saw the product cheaper somewhere else
- Bought the product at auction where the auctioneer is acting as an agent for the seller
Australian Consumer Law (ACL) covers you when you're buying or paying for goods, just like it does for services. This guide explains the legal guarantees you have as a consumer, and how you can take action to resolve an issue.
Products covered by the ACL
Consumer guarantees apply to all purchases for personal and household use and cover:
- New and secondhand items
- Sale items
- Online purchases
- Gifts with proof of purchase, like a receipt or bank statement
Problems the ACL doesn't cover
Consumer guarantees won't apply if you:
- Bought the product before 1 January 2011
- Bought the product privately like at a garage sale
- Are re-selling or modifying the product as part of a business you're running
- Changed your mind or saw the product cheaper somewhere else
- Bought the product at auction where the auctioneer is acting as an agent for the seller
Australian Consumer Law (ACL) covers you when you're buying or paying for goods, just like it does for services. This guide explains the legal guarantees you have as a consumer, and how you can take action to resolve an issue.
Products covered by the ACL
Consumer guarantees apply to all purchases for personal and household use and cover:
- New and secondhand items
- Sale items
- Online purchases
- Gifts with proof of purchase, like a receipt or bank statement
Problems the ACL doesn't cover
Consumer guarantees won't apply if you:
- Bought the product before 1 January 2011
- Bought the product privately like at a garage sale
- Are re-selling or modifying the product as part of a business you're running
- Changed your mind or saw the product cheaper somewhere else
- Bought the product at auction where the auctioneer is acting as an agent for the seller
Product isn't fit for purpose
Meaning: A product must be of acceptable quality and must be:
- Fit for its normal purpose
- Acceptable in appearance and finish
- Free of defects
- Safe and durable
Example: You bought an expensive blender but the blades snapped after a week. A blender won't work without blades, so this is a major problem.
Product doesn't match the description
Meaning: The product must match what's described on its label, packaging, advertisement or website.
Example: You order a blouse that's described as silk from an online store. When the item is delivered, you find that the blouse is made of polyester. The blouse doesn't match its description, so you can ask for a full refund.
Product is significantly different from what you expected
Meaning: The product must match any sample or demonstration model shown to you.
Example: You walk into a showroom looking for white ceramic tiles. You go home and order the tiles you saw from their online store. The tiles delivered turn out to be green, so don't match the original sample.
The business made extra promises it hasn't kept
Meaning: Extra promises made about an item are called 'express warranties'. These promises relate to the quality, condition, performance or characteristics of the goods.
Example: You buy a set of kitchen knives from a business that promises you they will stay sharp for 10 years. After 5 years, they’ve lost their sharpness. The knives don’t meet the express warranty.
Spare parts and repairs aren't available
Meaning: After buying the item, spare parts and repair facilities will be available for a reasonable time.
This guarantee doesn't apply if you were told at the time of sale that spare parts, and repair facilities won't be available after a certain date.
Example: Reasonable will depend on the type of item bought. So tyres for a new model motorbike should be available years after you buy it. But parts for a toy bought at a discount store likely won't be available, even right after you buy it.
The business didn't have the right to sell you the goods
Meaning: When a business sells goods, they must have the right to do so, or have 'clear title'. That means another person can't repossess or take back the item after you've bought it, either because it was stolen or sold without the owner's consent.
Example: After you buy a van from a private seller, it's repossessed by the police because it was stolen. The seller didn't give you clear title to the van, which they have do do under this guarantee.
If your faulty product has two or more minor failures of the consumer guarantees, it can be considered a major failure.
3. Work out if the problem is minor or major
A problem is major if at least one of these applies:
- You can't use the item
- Repairs can't be made quickly or at all
- It's unsafe
- You wouldn't have bought the item if you had known about the problem
- The product has two or more minor failures, and you wouldn't have bought it if you knew the nature and extent of these failures. (Note: These failures don't need to relate to the same consumer guarantee.)
If it's a major problem, you can
- Get a refund
- Get a replacement for an identical item
- Get a replacement of similar value
You can also choose to keep the product, but ask for compensation to make up the difference between the amount paid and the value of the faulty item.
There's no formula to determine how much compensation you'll receive. If you need to chase it up legally, a court will decide how much money you'll get if you keep the faulty item.
If it's a minor problem
Minor problems are anything that can be fixed within a reasonable period of time.
If the problem is minor, businesses can choose to:
- Give you a refund
- Replace the goods
- Repair the goods
However, if the product has two or more minor failures, it can be considered a major failure.
Phone and email templates to help you
If you're contacting the business by phone, our scripts and email templates can help you get started. They'll help you express your complaint easily and in a way the business will understand.
What to do if the business refuses to help
If the business refuses to help you or provide a solution, you can take these steps:
- Write to them, explaining your rights under the consumer guarantees.
- Contact your state fair trading agency.
- If it concerns a safety issue, report it to the Australian Competition & Consumer Commission Product Safety Division
Stock images: Getty, unless otherwise stated.
