What the consumer guarantees actually cover
Find out what you are actually owed when something you bought is faulty, in the ACCC’s own words, with a link so you can check it yourself.
Where the law is clear, we say so. Where a shop, a sign or an advice column repeats something the law does not back, we say that too, and label it.
869 answers across 31 topics, each with its source and its date. Checked 16 August 2026; we re-check monthly. How this is kept current.
What does "acceptable quality" actually mean?
Under the current Australian Consumer Law, the acceptable quality guarantee requires goods to be fit for all the purposes for which goods of that kind are commonly supplied, acceptable in appearance and finish, free from defects, safe, and durable. There are no set rules for deciding whether a product is of acceptable quality or how long it should last; fair wear and tear alone is not a problem that makes a product faulty, and goods do not fail the guarantee where the consumer examined them before agreeing to the supply and that examination ought reasonably to have revealed the problem. Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law, and Consumer Affairs Victoria states that products bought before that date are covered by statutory implied conditions and warranties under the Trade Practices Act 1974 and state and territory legislation in force before 1 January 2011.
21 answers
Can I cancel a service that is not being done properly?
For services covered by the current Australian Consumer Law, a consumer cannot cancel merely because they changed their mind, because the problem is outside the supplier’s control, because they want the service provided against the supplier’s advice, or because they did not clearly communicate what they wanted. Consumer Affairs Victoria states that cancellation takes effect when the consumer tells the supplier they intend to cancel, verbally, in writing or by other reasonable means. If a consumer is entitled to cancel a services contract, Consumer Affairs Victoria states they have a right to a refund, and if the contract includes products they are also rejecting those products and can recover the money paid for them; but from 1 July 2026 the Australian Consumer Law limits recovery for services to the extent the services have not already been consumed at termination. Where a business makes a material change to a service, consumers are likely entitled to the remedies for major problems with a service; CHOICE states the Australian Consumer Law does not cover complaints about telecommunications, and services bought before 1 January 2011 are not covered by the current law.
18 answers
Can I return something I just changed my mind about?
A store generally does not have to give a refund or replacement when a customer simply changes their mind; under the Australian Consumer Law, a customer is only entitled to a refund or replacement for a major problem with a product covered by consumer guarantees. If a store has a change-of-mind policy, it must follow it, and that policy cannot take away those rights; a store may lawfully refuse change-of-mind refunds on sale items, but a blanket "no refunds or exchanges on sale items" policy is illegal as of 21 July 2026. Policies vary: Myer offers change-of-mind refunds or exchanges on most items within 30 days but excludes clearance items and suspected reseller or bulk-purchaser sales, while Kmart requires change-of-mind returns within 60 days, or 365 days for OnePass members, in resaleable original packaging, and does not refund delivery fees. Separate rules apply to telemarketing, door-to-door and public-place sales, where the consumer has 10 business days to cancel for any reason without charge, or 6 months if the salesperson does not tell them about the cooling-off period.
26 answers
Can I claim for the damage it caused?
Consequential loss is the cost to a consumer of a problem with goods or services, usually financial but capable of including lost time or productivity, and it is the reasonably foreseeable loss in time and money from the failure. A consumer can apply directly to the business for damages or compensation, and can go to formal dispute resolution or legal action if the business refuses; this compensation is in addition to any repair, replacement or refund, and manufacturers are also liable for loss or damage from safety defects causing death or injury or damage to personal property. Under the consumer guarantees, the ACCC and Consumer Affairs Victoria state that a business cannot write a term into a sales contract saying it will not be responsible for this extra loss, and such terms may be misleading or unfair contract terms. A business does not have to pay for damage or loss that relates to something independent of the business after a product left its control, the loss must not be caused by something outside human control such as a natural disaster, and section 64A of the Australian Consumer Law permits a term limiting liability for failure to comply with a guarantee for goods not ordinarily acquired for personal, domestic or household use or consumption, unless the buyer establishes that it is not fair or reasonable for the supplier to rely on the term.
29 answers
What are the consumer guarantees?
Consumer guarantees are automatic and cannot be taken away; warranties are extra promises a business can choose to make, cannot replace, change or take away a consumer's basic rights, and the consumer guarantee of acceptable quality usually still applies after a warranty against defects expires. Businesses must not tell a consumer that a consumer guarantee does not exist, may be excluded, or may not have a particular effect, and must not mislead consumers into thinking their rights are limited to a warranty's remedies or timeframe; the mandatory warranty-against-defects information must be available with the actual product, not only on a website or in-store. A contract term is void to the extent it purports to exclude, restrict or modify the consumer guarantees, and the ACCC's guide records a July 2013 Federal Court order that Hewlett-Packard pay a $3 million civil pecuniary penalty for false or misleading representations to consumers and retailers regarding consumer guarantee rights. Consumer Affairs Victoria states that a person or business is a consumer for products or services costing up to $100,000, with a $40,000 threshold for purchases before 1 July 2021; products or services bought before 1 January 2011 are not covered by the current Australian Consumer Law, and the unfair contract terms protections also apply to small business contracts entered into or renewed after 12 November 2016.
34 answers2 dated changes
What are my rights on apps, games and downloads?
From 1 November 2019, the amendments made by Schedule 1 to the Treasury Laws Amendment (Gift Cards) Act 2018 apply to gift cards supplied on or after that date. The Australian Consumer Law's definition of goods expressly includes computer software as of 2026-07-01, but Steam's stated position as of 2024-05-31 is that its content and services are licensed, not sold, and confer no title or ownership; the claims do not settle how that conflict affects a consumer's rights or which of repair, replacement or refund applies to a particular digital product failure. A documented ACCC position as of 2024-05-31 is that contracts allowing a business to unilaterally change consumer arrangements may raise unfair contract term issues, and as of that date Telstra Box Office customers wanting to keep their collection had to pay $396 upfront or a minimum of $16.50 per month to access movies they already paid for. BIG W's returns page lists e-gift cards as not eligible for change of mind returns as of 2026-08-16, and as of 2026-07-27 the ACCC states that repairs to electronic products can result in lost stored data.
10 answers1 dated changes
How long should it have lasted?
The Australian Consumer Law came into force on 1 January 2011 and replaced previous Commonwealth, state and territory consumer protection legislation. Under it, acceptable quality includes durability: goods must be as durable as a reasonable consumer would regard as acceptable, there are no set rules for how long any product should last, and the assessment depends on factors such as price, type, complexity, frequency of use, and representations. Consumer guarantees apply for a reasonable time, apply whether or not an extended warranty is purchased, and cannot be modified or removed by an express or manufacturer warranty, and a reasonable consumer can expect a good to last longer than the supplier or manufacturer's warranty period depending on the circumstances. The specific positions conflict: Kogan said it would refund faulty products over $1,000 only within the first six months while CHOICE said expensive items should last longer than six months and consumers are entitled to a refund if they do not; JB Hi-Fi staff said responsibility ended after two years, while Consumer Affairs Victoria said a $6,000 TV reasonably includes more than two years' use and may entitle the buyer to a repair, replacement or refund from the store.
48 answers3 dated changes
Is an extended warranty worth buying?
Consumer guarantees under the Australian Consumer Law apply automatically and exist despite anything a supplier or manufacturer says or does; after a warranty against defects expires, the guarantee of acceptable quality usually still applies, and a consumer can insist a supplier meet a consumer guarantee even where additional warranties cover the goods. Extended warranties are optional and usually sold separately for an extra cost; they may or may not give any extra rights beyond the automatic consumer guarantees, and regulators state that offering one that merely mirrors or is less than the guarantees can mislead consumers. CHOICE reports that many extended warranties offer no more than the free ACL rights and that 72% of surveyed claims were made when the product was under two years old; a court has imposed a $200,000 civil penalty on each of Fisher & Paykel Customer Services and Domestic & General for misleading extended warranty offers. What the claims do not establish is whether a particular extended warranty offers benefits beyond those automatic guarantees; from 9 June 2019 a separate mandatory warranty text applies to services supplied after that date.
36 answers1 dated changes
Something I bought is faulty. What am I owed?
For faulty goods under the Australian Consumer Law, a minor failure must be repaired or fixed for free and the business does not have to offer a replacement or refund, while a major failure entitles the consumer to a replacement or refund, even if the consumer first agreed to a repair. Return in original packaging is not required, businesses must not tell consumers to go to the manufacturer, and a business that confirms a fault must reimburse reasonable return costs; if it finds no fault it may charge collection and inspection costs only after giving a reasonable estimate. The monetary threshold is $100,000 for goods purchased from 1 July 2021 and $40,000 for goods purchased before that date. Faulty, unsafe or poor-quality products were reported by 20% of consumers in 2023, down from 30% in 2016, and the claims do not specify the situations in which the consumer gets to choose the remedy.
38 answers2 dated changes
How long does a gift card last?
For gift cards supplied on or after 1 November 2019, Australian Consumer Law sets a minimum redemption period of three years from supply; if a card bears a shorter expiry, it is taken to be three years and a term reducing it earlier is void. For gift cards purchased after that date, post-purchase fees or charges are prohibited, and businesses do not need to honour a card after a valid expiry date has passed; the ACCC does not resolve individual disputes about gift cards or vouchers. Gift cards sold before 1 November 2019 are not affected by these changes. Consumer Affairs Victoria states that gift cards and vouchers sold for a good or service at a genuine discount are not covered by the three-year period, and that a card without an expiry date may be used for a reasonable length of time after purchase, but the claims do not establish whether that genuine-discount position overrides the statutory three-year period.
20 answers5 dated changes
What are the rules on layby?
Lay-by is a sales arrangement in which a consumer pays for goods in instalments and does not receive the goods until the full price has been paid. A consumer can cancel a lay-by at any time before receiving or collecting the goods; a supplier may terminate only if the consumer breached the agreement, the supplier is no longer engaged in trade or commerce, or the products are no longer available. On termination the supplier must refund all payments made other than any termination charge, which must not be more than the supplier's reasonable costs, and except for that termination charge the supplier is not entitled to damages or any other remedy. Lay-by agreements must be in writing, transparent, legible, clearly presented, and in plain language, and businesses must provide a written copy setting out any terms and conditions including termination fees; as of 2026-07-11, the ACCC and Consumer Affairs Victoria conflict on the instalment threshold, with the ACCC stating two or more instalments and Consumer Affairs Victoria stating at least three unless the agreement is stated to be a lay-by, in which case two instalments suffice.
34 answers
What counts as a major failure?
Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law. Under that law, a major problem is one where a reasonable consumer would not have bought the product if they had known of the problem beforehand. For a major failure, the ACCC states that the business must give the consumer the choice of remedy, and Australian Consumer Law section 259(3) allows the consumer to recover compensation for any reduction in the goods' value below the price paid. In practice, this is not always honoured: in 2022, 71% of 80 Harvey Norman, JB Hi-Fi and The Good Guys stores misrepresented consumer rights, and 18 of 26 Harvey Norman stores CHOICE called did so, most commonly by saying free remedies after the warranty period were slim or nonexistent; a 2023 class action also alleged JB Hi-Fi extended warranties were of little or no value because customers already had the same rights for free under the Australian Consumer Law.
11 answers
They said it is out of warranty. Does that end it?
A manufacturer warranty is a voluntary extra promise that becomes a legal right once the consumer buys the product or service; it does not limit or replace the automatic consumer guarantees, and after it expires the consumer guarantee of acceptable quality usually still applies. A consumer can make a claim under consumer law regardless of any warranty and may be entitled to a repair, replacement or refund depending on whether the problem is major or cannot be fixed; a store generally cannot insist the consumer deal directly with the manufacturer, even if the claim falls under a manufacturer's warranty. A warranty against defects must be in writing and must include a statement that rights under the warranty sit alongside the Australian Consumer Law guarantees, which cannot be excluded; specific mandatory warranty text applies to services and to goods and services supplied after 9 June 2019. In CHOICE's 2023 mystery shop, more than seven in ten stores misrepresented a consumer's rights to a remedy after the warranty period, and courts and the ACCC have treated such statements as false or misleading; the exact duration of Australian Consumer Law rights is uncertain.
51 answers2 dated changes
What happens if the problem is minor?
For a minor failure, the business must fix the problem by at least giving a free repair. The business does not have to offer a replacement or refund for a minor problem, although it can choose to do so, and the consumer cannot reject the goods and demand a refund where the failure can be repaired within a reasonable time. If the business cannot or will not fix the minor problem, the consumer is entitled to a refund or replacement instead. Two or more minor failures can be considered a major failure.
16 answers
What are my rights on a car that keeps failing?
Consumer guarantee rights under the Australian Consumer Law apply to new and second-hand cars bought from a licensed dealer, and a dealer must assist the consumer and must not tell the consumer to go to the manufacturer for a remedy. State and territory statutory warranty obligations, cooling-off periods and most Australian Consumer Law obligations do not apply to private sellers of second-hand cars, but private sellers must still guarantee clear title, undisturbed possession and no undisclosed securities. In Victoria, a licensed motor car trader must provide a statutory warranty if the car is less than 10 years old and has travelled less than 160,000 kilometres; that Victorian used-car statutory warranty lasts 3 months or 5,000 kilometres, whichever comes first, and it does not apply to motorcycles, commercial vehicles or cars sold at public auction. In February 2024, the Federal Court ordered Mazda to pay $11.5 million in penalties for misleading nine consumers about their consumer guarantee rights after the consumers were told the only remedy was repair despite multiple unsuccessful repair attempts, including complete engine replacements.
59 answers1 dated changes
Is a "no refunds" sign legal?
Consumers cannot agree to give up their rights to the consumer guarantees, and a "no refunds" sign is unlawful if it implies that no refund is possible in any circumstance, including where goods or services are faulty. A sign saying "No refunds will be given if you have simply changed your mind" is acceptable, and businesses may display a sign at the point of sale, including online, alerting consumers to their rights under the consumer guarantees, though displaying one is not compulsory. Penalty figures in the cited sources conflict: as of 13 October 2023 Consumer Affairs Victoria states a maximum penalty of $500,000 for a person while the ACCC guide states $220,000 for an individual, and as of 1 July 2026 the Australian Consumer Law compilation states a fine of not more than $2,500,000 for a person other than a body corporate. A business giving a consumer a repair notice cannot satisfy that requirement by showing the consumer a sign or directing them to information on a website.
27 answers
Do the same rules apply when I buy online?
For online purchases made from 1 January 2011, the Australian Consumer Law generally applies as it does in physical shops: online businesses have the same responsibilities, all usual consumer rights apply, and an overseas business supplying goods or services directly to consumers in Australia must follow the law, but purchases are not covered if the business does not directly offer its products or services in Australia. There is a conflict about private sellers: Consumer Affairs Victoria states the Australian Consumer Law does not apply when a consumer buys from a private seller and the item is not sold in the course of the seller's business, while the ACCC states only some consumer guarantees do not apply; a buyer is still guaranteed clear title unless told otherwise before the sale. On marketplace platforms such as eBay, consumer guarantee rights apply to the seller the consumer buys from, not the platform, and return terms vary by marketplace and seller, for example the eBay Money Back Guarantee covers eBay.com.au purchases paid at eBay checkout for 30 days from estimated or actual delivery, BIG W and Kmart marketplace returns can only be processed online, and Bunnings Marketplace purchases must be directed to the third party seller. In practice it can be difficult to get a repair, replacement or refund from an overseas business when there is a problem.
34 answers2 dated changes
What if I bought it from overseas?
Selling parallel imports is an accepted method of sale in Australia, but a business selling them must comply with Australian product safety and labelling requirements and must not mislead consumers about their refund, repair or return rights. A consumer who buys a parallel import has all their usual rights, and the seller must offer a repair, replacement or refund if those rights are not met; the seller cannot refuse to help or tell the consumer to contact the manufacturer or local authorised sellers. A local manufacturer of the same product is not responsible for fixing a parallel-imported product or offering product support. Where the seller is overseas, the Australian Consumer Law applies to anyone conducting business within Australia, including overseas businesses, but a buyer may face practical and legal difficulties obtaining a refund, repair or replacement or enforcing rights because the seller may be outside Australian courts’ jurisdiction; for payment problems, a credit card user can contact their bank or card provider to organise a chargeback, a PayPal user can file a dispute through PayPal’s Resolution Centre within 180 days of paying, and an eBay user can report an issue to eBay’s Resolution Centre up to 45 days after the sale, while money sent by instant cash transfer or direct deposit can be very difficult to track once collected.
24 answers
My product has been recalled. What now?
Product recalls are common: in 2021 almost 400 were issued, and ACCC data suggests only about half of affected products are returned to sellers. A responsible Minister may issue a recall notice by written notice published on the internet, and a business may need to recall a product and notify the Australian Government Minister within 2 days if the product is a safety risk or does not comply with a mandatory standard or ban; under s128 a supplier must tell the ACCC within 2 days of taking a recall action. A recall does not automatically amount to a major failure under the consumer guarantees; each recalled good is considered individually, the standard repair, replace or refund provisions apply, and which remedy a consumer gets depends on the risk analysis of the recall. CHOICE reports that there is no recall standard and no benchmarks that a recall process must meet, and suppliers usually ask consumers voluntarily to dispose of or return a recalled product for a refund, replacement or modification; Kmart states it will accept a product return under consumer guarantees where the product has been recalled.
22 answers2 dated changes
What if I have lost the receipt?
A business can ask for proof of purchase when a consumer requests a repair, replacement or refund, but the law does not define how much proof is enough; the consumer only needs to reasonably demonstrate they bought the item. Suppliers must provide a proof of transaction on request for purchases under $75 within 7 days, and automatically for purchases of $75 excluding GST or more, though the ACCC states the automatic threshold as over $75 while Consumer Affairs Victoria states it as $75 excluding GST or more. Clear photos, photocopies, electronic copies and receipt or reference numbers can be valid proof, but a supplier or manufacturer does not have to accept a claim if the consumer cannot show where the product was purchased, though it may still choose to do so. Retailer practice varies: Kmart as of October 2025 accepts Kmart branded products without proof only by providing an exchange voucher, while Officeworks and BIG W require proof and Target has refused photocopied receipts, a practice CHOICE describes as contrary to the Australian Consumer Law.
43 answers1 dated changes
How long can they take to fix it?
Statutory consumer guarantees last for a reasonable time after purchase, not for a fixed period; some salespeople in CHOICE's mystery shop told callers their rights were limited to a fixed period such as two years, which is not the legal position. For goods, a reasonable time depends on the type of product, the price paid, and how long a regular customer would expect the item to last; for services, it can depend on the nature of the services, weather, and availability of parts or materials, and the time a business has to fix a problem depends on the nature of the product or service, so an installed dishwasher repair at a house may take longer than a pair of pants repaired in-store. In Consumer Affairs Victoria's example, a consumer would not be entitled to a remedy where the sole reason a painting job took longer was weather outside the painter's control, but it is a major problem if the consumer would never have bought the service had they known how long it would take. The right to reject goods runs from the date of supply until the fault would reasonably be expected to appear; manufacturers and importers must provide spare parts and repair facilities for a reasonable time after purchase even if the consumer bought elsewhere; and products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law, though they may be covered by older laws.
19 answers
When am I entitled to a refund?
For a major problem with a product, the claims conflict on whether repair is available: the ACCC states the business must give the consumer the choice of a refund or a replacement, while another ACCC statement and BIG W's returns page also list repair. It is unlawful for a business to rely on store policies or signs that say "no refunds" or "no refunds or exchanges on sale items"; sale items carry the same legal refund rights as full-price products, and a return for a refund, repair or replacement does not require original packaging. A consumer who got what they asked for but simply changed their mind has no repair, replacement or refund right under the consumer guarantees, and a sign saying no refunds for change of mind is acceptable. A refund should be the full amount paid, must not be reduced for the consumer's use, and should be in the same form as the original payment unless the business and consumer agree otherwise; Origin Energy agreed to hand money back to over 4500 affected customers after an ACCC investigation.
18 answers1 dated changes
When do they have to repair it?
For a minor problem, the business must repair the product for free and does not have to offer a replacement or refund, although it can choose to; for a major fault, the retailer must offer replacement, repair or refund and the consumer chooses the remedy. A business cannot tell a consumer to take the repair to the manufacturer or importer; it is generally the seller's responsibility to return products to the manufacturer for repair, and a consumer may be entitled to a remedy regardless of whether the product is under warranty. As of 1 July 2026, the Australian Consumer Law provides that a supplier required to remedy a failure may comply by repairing the goods or replacing them with goods of an identical type; as of 27 July 2026, businesses must give a written repair notice before repairing a product that can store user data, showing a sign or directing to a website is not enough, and the notice rules apply to products under $100,000 and to products over $100,000 normally bought for personal or household use. In practice, CHOICE found in 2023 that salespeople at 24 of 29 JB Hi-Fi stores and 18 of 26 Harvey Norman stores it called misrepresented consumer repair rights.
21 answers
When can I insist on a replacement?
From 9 June 2019, the mandatory text for goods and services supplied after that date says consumers can choose a refund or replacement for major failures with goods, and the ACCC states that when a product has a major problem the consumer chooses between a refund and a replacement. For a minor problem, a business does not have to offer a replacement or refund, but it can choose to do this; BIG W states that for a non-major problem it may choose a free repair instead if possible, and Kmart states that marketplace sellers may reserve the right to offer repair only for a minor failure. If a business cannot or will not repair or fix the problem within a reasonable amount of time, or at all, the consumer is entitled to a refund or replacement instead, and if an identical replacement is not reasonably available the consumer may choose a repair or a refund; replacement goods carry the same consumer guarantees as the originals. Kmart states that in some instances it may offer a repair or replacement rather than a refund, which conflicts with the ACCC position that for a major problem the consumer chooses between a refund and a replacement, and the claims do not settle whether Kmart’s statement that goods may be replaced by refurbished goods satisfies the ACCC requirement that a replacement be of the same type.
31 answers2 dated changes
Do I have rights on sale and clearance items?
Consumers have the same legal refund rights on sale items as on full-price products, and this also applies to seconds, samples, second-hand items bought from a store or seller, and factory outlet goods. Signs or policies such as “no refund on sale items” or “exchange or credit note only for return of sale items” are unlawful and cannot remove those rights, but a consumer cannot claim a refund for a fault the seller told them about before the sale when the item was reduced because it was faulty. A change of mind is separate: businesses do not have to offer refunds or replacements for change of mind and may exclude sale items from a change of mind policy, but if a store has a change of mind refund, exchange or credit note policy it must abide by it.
28 answers
What are my rights when I pay for a service?
The Australian Consumer Law gives consumers statutory guarantees for services, including that the work must be at least as good as a competent provider with average skills and experience and that services supplied for a disclosed purpose must be reasonably fit for that purpose; LegalVision describes these as warranties, but the ACCC states that warranties are voluntary and additional to consumer guarantees. For a failure that can be remedied and is not major, the consumer may require the supplier to fix it within a reasonable time; Consumer Affairs Victoria states this, while LegalVision states that the supplier chooses the remedy for a minor service fault. For a major or irremediable failure, the consumer may terminate the contract and recover compensation for any reduction in value below the price paid or payable; Consumer Affairs Victoria says cancelling a services contract gives a right to a refund, and Sprintlaw says the customer can cancel and get a refund for the unused portion and may claim compensation for loss or damage. A major failure includes a service creating an unsafe situation and, for contracts entered on or after the commencement of the 2020 amending Act, services that a reasonable consumer would not have acquired fully aware of the failures; services guarantees do not apply to insurance contracts, services bought before 1 January 2011 are not covered by the current Australian Consumer Law, and for purchases before 1 July 2021 the consumer-definition threshold amount is $40,000.
31 answers2 dated changes
How do I take it further if they will not fix it?
In Victoria, consumer disputes and small claims about products or services a person bought or sold are heard in VCAT's Civil Claims List; applicants generally must apply within six years of the dispute, and a claim to revoke the sale of a car bought for less than $40,000 must be made within three months of the purchase date. VCAT cannot help with cases heard under federal law instead of Victorian law, and in some cases where one party lives in another state or is a Commonwealth government organisation. The ACCC says each state has a small claims court or tribunal for consumer issues, but its guidance also says there is no relevant tribunal in Western Australia, where the Magistrates' Court can deal with claims not exceeding $75,000 including costs; in Victoria there is not a separate Small Claims Court. A VCAT payment order usually needs to be certified in a court before enforcement, many simple unpaid business-to-business invoices fall outside VCAT unless the dispute sits squarely in its consumer/trader or fair trading jurisdiction, and only the courts can make formal decisions on whether a breach of the law occurred.
27 answers1 dated changes
Do they have to keep spare parts available?
Products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law. Under that law, a manufacturer or importer must take reasonable action to ensure repair facilities and spare parts are reasonably available for a reasonable period after supply, except where the supply is by sale by auction; if the only problem is that spare parts or repair facilities are not available a reasonable time after purchase, the seller may direct the consumer to the manufacturer instead. A consumer can recover costs from the manufacturer for a failure to comply with this guarantee, including an amount for reduction in the product's value and in some cases compensation for damages or loss; manufacturers and their local authorised sellers do not have to provide spare parts under warranties for parallel imports if the warranty terms exclude them. What counts as a reasonable time is not fixed: Consumer Affairs Victoria says it may be reasonable to expect tyres for a new car to be available for a number of years, while it may not be reasonable to expect spare parts for an inexpensive children's toy to be available at all, and the Productivity Commission found limited case law on the spare part guarantee but concluded the current drafting of section 58 is not a significant barrier, while also finding significant and unnecessary barriers to repair for some products.
16 answers1 dated changes
Can they make me take store credit instead of a refund?
For a major problem, a consumer can choose a refund, and the seller must not refuse that option or insist on a credit note, exchange card or replacement. Signs such as 'exchange or credit note only for return of sale items' are unlawful, 'we will only exchange, repair or give credit notes' is generally against the law, and false or misleading information about consumer guarantees or remedies carries a maximum civil penalty of $1.1 million for a body corporate and $220,000 for an individual. A business with a change-of-mind policy offering a refund, replacement or credit note must comply with that policy, and refunds should be in the same form as the original payment unless the business and consumer agree otherwise. The claims settle those points but do not state whether a seller can insist on store credit for a minor problem; they state only that the seller can offer a refund for a minor problem.
19 answers
Can I get out of a door-to-door or phone sale?
The ACCC found that businesses are frequently breaching unsolicited consumer agreement safeguards and that non-compliance remains widespread. Unsolicited consumer agreements carry a cooling-off period; the ACCC states it is 10 business days after signing, while LegalVision states 10 days, so those accounts conflict. During the cooling-off period a seller must not supply goods over $500 or services or accept payment, but may supply products costing less than $500 including GST, and the period becomes six months if the salesperson does not tell the consumer about it. The consumer can terminate despite affirming the agreement or full execution; in a dispute the business must prove the agreement is not unsolicited; the current maximum penalties are $50,000 for a corporation and $10,000 for an individual; and the Schedule 4 amendment applies only to agreements entered into on or after the day that Schedule commences.
39 answers1 dated changes
Who pays to send a faulty item back?
Under the ACCC position as of July 2026, for faulty goods the consumer is responsible for returning products that can be posted or easily returned, while the business is responsible for paying shipping or collecting faulty products that are large, heavy or hard to remove; if the business confirms the product has a problem, it must reimburse the consumer for any reasonable return costs already paid. The ACCC's 2016 guide states that the consumer must return the goods unless the cost of returning, removing or transporting is significant, in which case the supplier must collect them at its own expense and within a reasonable time, and the supplier is responsible for returning goods to the manufacturer for repair. If the retailer finds no issue and the retailer paid shipping, the consumer may have to reimburse the retailer for transporting and inspecting the item; for change of mind returns, Kmart says the delivery fee is non-refundable and Amazon AU says return shipping fees apply to most change of mind returns. In 2019 Kogan said it would not refund delivery costs for a store credit or refund, while CHOICE said consumers should not be out of pocket for returning faulty goods and noted the ACL did not specifically reference return delivery costs.
19 answers