GuaranteesOnRecord

Things people say a lot

188 things on this site are widely repeated but do not come with an official source. Someone said them, and we can prove they said them - but that is not the same as the rule saying so.

This is not a list of lies. Plenty of it turns out to be true. We went and checked each one against the official rules, and each says below what we found.

We checked 120 of them one at a time. 6 are contradicted by the official rule, 94 hold up, 2 we could not find anything official for, and 18 have a real rule behind them that says something narrower. 6 we have not checked yet, so they say nothing either way.

These appear across 30 of 31 topics. Everything else on this site - 681 answers - comes with an official source attached. How we decide which is which.

Widely repeated, and the official rule says otherwise

The most useful part of this page. For each of these we found the rule itself saying the opposite, usually in one sentence, often on the very page the advice is explaining.

Once the manufacturer's warranty (or a retailer's voluntary warranty) has expired, the retailer has no further obligation and the consumer has no right to a free repair, replacement or refund - the cost of any remedy falls on the customer.

However, any warranty, whether express or manufacturer, will only ever complement the consumer guarantees under the ACL and cannot modify or remove them. This means a reasonable consumer can expect a good to last longer than the supplier or manufacturer’s warranty period, depending on the circumstances.Australian Competition and Consumer Commission (ACCC)2022-11-02

Manufacturer warranty

The Australian Consumer Law adds roughly an extra 12 months of coverage on top of the manufacturer's warranty, so a fault appearing at three or four years is outside consumer guarantees and requires a purchased extended warranty.

In fact, under the Australian Consumer Law (ACL) consumers may be protected beyond the manufacturer’s warranty period without the purchase of an extended warranty.Australian Competition and Consumer Commission (ACCC)2015-01-27

Manufacturer warranty

A consumer can only cancel a service if the problem is major; where the service problem is minor or can reasonably be fixed, the consumer cannot cancel.

if such a requirement is made of the supplier but the supplier refuses or fails to comply with the requirement, or fails to comply with the requirement within a reasonable time—the consumer may: (i) otherwise have the failure remedied and, by action against the supplier, recover all reasonable costs incurred by the consumer in having the failure so remedied; or (ii) terminate the contract for the supply of the services.Competition and Consumer Act 2010 (Cth) Schedule 2 - Australian Consumer Law, s 267(2)(b)2026-07-01

Cancelling a service

Australian Consumer Law coverage for a TV runs for a fixed period of about two years (a manufacturer's year plus a retailer's extra year), and once that period ends the retailer has no further obligation and the consumer has no coverage.

Consumer guarantees under the ACL apply for a reasonable time and in addition to any warranties that manufacturers and/or suppliers provide for a good. This means consumer guarantees may continue to apply during the period of those warranties and after those warranties expire.ACCC and the state and territory consumer protection agencies (Guidance on the consumer guarantee: Acceptable quality and the meaning of 'durability')2022-11-02

Durability

Once the manufacturer's warranty and the extra year the retailer attributes to consumer law have both expired, the consumer has no further coverage and must arrange and pay for their own repair.

After the warranty expires, the consumer guarantee of acceptable quality usually still applies. This means that if there’s a problem with a product, the consumer likely still has a right to a repair, refund or replacementAustralian Competition and Consumer Commission (ACCC)2026-06-28

Consumer guarantee

Once a product is more than about two years old, or once the warranty period has expired, the consumer must pay for repairs themselves.

Warranties against defects usually apply for a set amount of time. After the warranty expires, the consumer guarantee of acceptable quality usually still applies.Australian Competition and Consumer Commission (ACCC)2026-06-28

Repair

Where we read these

How many of the above we came across in each publication. This is not a ranking and not a judgement of anyone: we read some publications more than others, so they appear more often, and none of this says anything about the rest of what they publish.

  • choice.com.au39
  • sprintlaw.com.au33
  • kmart.com.au32
  • legalvision.com.au23
  • bunnings.com.au14
  • bigw.com.au12
  • thegoodguys.com.au9
  • myer.com.au6
  • amazon.com.au4
  • cars24.com.au4
  • ebay.com.au4
  • jbhifi.com.au3
  • officeworks.com.au3
  • accc.gov.au2

Online purchases14 of 34

What is established: 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.

#

BIG W states that…

  • Marketplace items cannot be returned or refunded in-store.
  • all returns of Marketplace items must be arranged online.
other
1 quote from 1 source
Marketplace items cannot be returned or refunded in-store. All returns must be arranged online.
#

BIG W states that an accepted change of mind return attracts a flat $15 return fee deducted from the final refund.

other
1 quote from 1 source
If a change of mind return is accepted, a flat $15 return fee will apply and will be deducted from your final refund.
#

Bunnings states that Marketplace purchases should be returned by contacting the third party seller named on the order confirmation directly.

other
1 quote from 1 source
Marketplace purchases should be returned by contacting the relevant third party Seller named on your order confirmation directly.
#

Amazon Australia states that its change of mind return policy allows most unused and unopened items fulfilled by Amazon AU or AmazonGlobal to be returned within 30 days of receipt of delivery.

other
1 quote from 1 source
You may return most unused and unopened items fulfilled by Amazon AU or AmazonGlobal within 30 days of receipt of delivery for a full refund of the price you paid for the item if you change your mind, provided you comply with the conditions below.
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Amazon Australia states that its return policies do not limit other rights and remedies a customer may have under law such as the Australian Consumer Law.

other
1 quote from 1 source
Our return policies do not limit other rights and remedies you may have under law such as the Australian Consumer Law, including in respect of faulty items.
#

Kmart states that returns of products purchased from marketplace sellers on its site can only be processed online and cannot be returned to or processed by Kmart stores.

other
1 quote from 1 source
Return of products purchased from marketplace sellers on kmart.com.au can only be processed online and cannot be returned to or processed by Kmart stores.
#

Kmart states that, for online purchases, the marketplace seller will notify the customer of the return costs beforehand.

other
1 quote from 1 source
Return costs will be incurred by you. The marketplace seller will notify you of any costs associated with returns before they are incurred by you.
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Bunnings states that online purchases can be returned…

  • in-store with the tax invoice.
  • by contacting its customer support team.
other
1 quote from 1 source
Online purchases can be returned either in-store with the tax invoice or by contacting our Customer Support team at customersupport@bunnings.com.au.
#
  • eBay states that online purchases made on eBay.com.au and paid for at eBay checkout are covered by the eBay Money Back Guarantee.
  • eBay states that the eBay Money Back Guarantee for online purchases made on eBay.com.au and paid for at eBay checkout lasts for 30 days from the estimated or actual delivery date.
other
1 quote from 1 source
When you shop on eBay.com.au and pay at eBay checkout, your purchase is covered by eBay Money Back Guarantee for 30 days from the estimated or actual delivery date.
#

eBay states that for…

  • most online purchases, a buyer has 30 calendar days from the delivery date to request a return.
  • online purchases, a buyer may have a longer period to request a return where the seller offers a longer return window.
other
1 quote from 1 source
For most purchases, you have 30 calendar days from the delivery date to request a return, but you may have more time if the seller offers a longer return window.

Proof of purchase14 of 43

What is established: 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.

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Officeworks states that a customer must provide proof of purchase to receive a refund, replacement product or repair for a faulty product.

other
1 quote from 1 source
If you believe you have purchased a faulty product, you must provide proof of purchase to receive a refund, replacement product or repair.
#

Officeworks states that where a customer cannot provide satisfactory proof of purchase Officeworks may at its absolute discretion provide an exchange or a gift card to the current value of the item.

other
1 quote from 1 source
If you are unable to provide a satisfactory proof of purchase, Officeworks may, at its absolute discretion, provide you with an exchange or Officeworks gift card to the current value of the item.
#

BIG W states that returns must be accompanied by a receipt or other itemised, verifiable proof of purchase.

other
1 quote from 1 source
Returns must be accompanied by a receipt or other itemised, verifiable proof of purchase such as a Everyday Rewards statement.
#

BIG W states that it retains the right to refuse a refund for unverified purchases.

other
1 quote from 1 source
BIG W retains the right to refuse a refund for unverified purchases.
#

Bunnings states that Bunnings recommends customers retain their receipt because Bunnings may require proof that the product was purchased from Bunnings.

other
1 quote from 1 source
We recommend you retain your receipt, as we may require proof that you purchased the product from us.
#

The Good Guys states that a customer seeking a copy of an older in-store tax invoice will be required to have the transaction date.

other
1 quote from 1 source
You will be required to show your ID and have the transaction date in order for us to search for an old tax invoice.
#

Officeworks states that satisfactory proof of purchase is the original register receipt or an online proof of purchase such as a tax invoice.

other
1 quote from 1 source
You produce a satisfactory proof of purchase (being your original register receipt or online proof of purchase, such as a tax invoice)
#

Bunnings states that the original credit card must be present to receive a refund.

other
1 quote from 1 source
Note: Original credit card must be present to receive a refund.
#

The Good Guys states that its My Account page stores a customer's order history linked to the contact details given at purchase for up to 24 months.

other
1 quote from 1 source
The My Account page stores all your order history linked to those same contact details for up to 24 months.
#

Kmart states that it…

  • will accept returns of Kmart branded products that meet consumer guarantee return requirements without proof of purchase.
  • provides an exchange voucher in cases where it accepts returns of Kmart branded products that meet consumer guarantee return requirements without proof of purchase.
other
1 quote from 1 source
Kmart will accept returns of Kmart branded products (Anko, OXX, etc) that meet consumer guarantee return requirements without proof of purchase. In such cases, an exchange voucher will be provided.
#
  • Kmart states that non-Kmart branded products require adequate proof of purchase.
  • Kmart states that proof of purchase in the form of a photo of the receipt must include the barcode.
other
2 quotes from 1 source
Non-Kmart branded products require adequate proof of purchase, including:
A clear photo of the full Kmart receipt, which must include the barcode;
#

Target said that photocopied receipts are not accepted as proof of purchase when returning a faulty product.

1 quote from 1 source
We photocopied a receipt like some of the stores tell us to do, but when we went to return a faulty product to Target, it said it doesn’t accept photocopied receipts.

Change of mind11 of 26

What is established: 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.

#

Myer states that Myer offers refunds or exchanges on most items within 30 days of purchase when a customer has changed their mind.

other
1 quote from 1 source
If you’ve changed your mind, we offer refunds or exchanges on most items within 30 days of purchase.
#

Myer states that change of mind returns will not be accepted on merchandise designated as a clearance item.

other
1 quote from 1 source
Please choose carefully when purchasing merchandise designated as a clearance item (either marked as clearance or reduced to clear) as change of mind returns will not be accepted.
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Myer states that sales to individuals it believes to be resellers or bulk purchasers are final sales to which the change of mind policy does not apply.

other
1 quote from 1 source
Sales to individuals who Myer believes to be resellers or bulk purchasers are final sales, and the change of mind policy does not apply.
#

Myer states that Myer may refuse to accept change of mind returns from a customer where Myer identifies an unreasonable or excessive return pattern.

other
1 quote from 1 source
Myer may refuse to accept items returned for Change of Mind if we identify an unreasonable or excessive return pattern
#
  • Kmart states that a change of mind product must be returned within 60 days of purchase.
  • Kmart states that for a OnePass Member, a change of mind product must be returned within 365 days of purchase.
other
1 quote from 1 source
You must return the product/s within 60 days of purchase, or 365 days if you are a OnePass Member
#
  • Kmart states that a change of mind return must be in resaleable condition.
  • Kmart states that for a change of mind return, resaleable condition means the item is in its original packaging including instruction manuals and all accessories.
other
1 quote from 1 source
The product must be in resaleable condition, meaning: - It is in its original packaging, including instruction manuals and all accessories; and
#

Kmart states that change of mind returns will not be accepted for a list of product categories.

other
2 quotes from 1 source
Change of mind returns will not be accepted for the following product categories:
Mobile phones and mobile internet modems, unless the packaging is unopened
#

Kmart states that for change of mind returns the delivery fee is non-refundable.

other
1 quote from 1 source
For change of mind returns, the delivery fee is non-refundable.
#

CHOICE states that neither a customer's change of mind nor finding a better deal somewhere else obligates a store to take a product back.

1 quote from 1 source
However, stores are under no obligation to take your product back if you’ve changed your mind or found a better deal somewhere else.

Manufacturer warranty11 of 51

What is established: 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.

#

JB Hi-Fi states on its Extra Care page that the exact duration of Australian Consumer Law rights…

  • is uncertain.
  • does not provide the certainty that JB Hi-Fi Extra Care provides.
other
1 quote from 1 source
However, the exact duration of ACL rights is uncertain and do not provide the certainty that JB Hi-Fi Extra Care provides.
#

BIG W states in its returns policy that a customer wishing to make a claim under a manufacturer's warranty can do so directly with the relevant manufacturer.

other
2 quotes from 1 source
Some products come with an additional manufacturer's warranty as indicated in the documentation provided with the relevant products. Should you wish to make any claim under a manufacturer's warranty, you can do so directly with the relevant manufacturer.
If your purchase was made at a BIG W store, please approach the customer courtesy desk at your local BIG W store to process your product return or exchange.
#

The Good Guys states that a customer's rights under the Australian Consumer Law may extend beyond those time periods.

other
2 quotes from 1 source
sets out the minimum remedies that The Good Guys will provide to you if you buy a faulty product from The Good Guys.
Your rights under the ACL may extend beyond these time periods.
#

Salespeople at Harvey Norman stores told CHOICE's mystery shoppers that after the manufacturer's warranty there is nothing the store can do and it is out of their hands.

1 quote from 1 source
We called 26 Harvey Norman stores, 18 of which (69%) misrepresented our consumer rights. Some salespeople told us misleading things including, "After the manufacturer's warranty there's nothing we can do, it's out of our hands."
#

A Good Guys salesperson told CHOICE's mystery shoppers that…

  • the Australian Consumer Law gives roughly an extra 12 months of coverage.
  • an extended warranty would be needed for a fault at three or four years.
2 quotes from 1 source
Just like many JB Hi-Fi staff, many of those at The Good Guys seemed to think the retailer's obligation to consumers ended at the two-year mark. Some of their responses included:
"Under ACL, you have sort of coverage for an extra 12 months. Technically. If it's three or four years, that's where you'd need to purchase an extended warranty."
#

Salespeople told CHOICE's mystery shoppers that…

  • whether a remedy would be given after the manufacturer warranty period was decided by an in-store system.
  • nine times out of ten, the in-store system would say the remedy was at the customer's cost after the manufacturer warranty period.
2 quotes from 1 source
In many of our calls, we were told our rights to a remedy after the warranty period ended were decided by "the system" at the store.
"Nine times out of 10 [the system] will say, 'Sorry, but it's at your cost'."
#

CHOICE reports that staff were told to say that if a product breaks after two years, past the JB Hi-Fi voluntary warranty period…

  • it would not be covered.
  • no replacement or refund could be given.
1 quote from 1 source
she says, "We were just told to say if your product breaks after two years [the JB Hi-Fi voluntary warranty period], it wouldn't be covered. We wouldn't be able to give you a replacement or a refund."

Layby10 of 34

What is established: 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.

#

Sprintlaw states that layby is…

  • a sales arrangement.
  • an arrangement in which a customer pays for goods in instalments.
  • an arrangement in which a customer takes possession only once the full price is paid.
other
1 quote from 1 source
A lay-by agreement is a sales arrangement where a customer pays for goods in instalments and only takes possession once the full price is paid.
#

Sprintlaw states that deductions for reasonable costs do not apply in the case of a layby cancelled by the supplier for…

  • unavailability.
  • business closure.
other
1 quote from 1 source
Deductions for “reasonable costs” do not apply where you are the one cancelling for unavailability or business closure.
#

Sprintlaw states that layby sales are…

  • legal.
  • specifically regulated under the Australian Consumer Law.
other
1 quote from 1 source
Lay-by sales are legal and specifically regulated under the Australian Consumer Law.
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LegalVision states that a lay-by agreement exists where a business allows the customer to pay for an item in at least two installments and the customer will not receive the goods until they have paid the full price.

vendor
1 quote from 1 source
A lay-by agreement exists where your business allows the customer to pay for an item in at least two installments, and the customer won’t receive the goods until they have paid the full price.
#

LegalVision states that the termination fee is all that a business can recover from a cancellation of a lay-by agreement.

vendor
1 quote from 1 source
The termination fee is all that you can recover from a cancellation of the lay-by agreement.
#

LegalVision states that a business cannot recover damages or other remedies from terminating a layby agreement.

vendor
1 quote from 1 source
You cannot recover damages or other remedies from terminating the agreement.

Replacement9 of 31

What is established: 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.

#

BIG W states that where a product problem is not major it may choose to give a free repair instead of a replacement or refund.

other
1 quote from 1 source
If the problem is not major, we may choose to give you a free repair instead of a replacement or refund if this is possible.
#

BIG W states that it reserves the right to refuse a replacement where the problem arose because the product was misused by the customer.

other
1 quote from 1 source
We reserve the right to refuse to provide a refund, repair or replacement if the problem has, for instance, arisen because the product was misused by the customer.
#

Bunnings states that its team members will advise the customer whether a refund, exchange, repair or replacement is available.

other
1 quote from 1 source
Our Team Members will be able to advise you whether a refund, exchange, repair or replacement is available
#

Bunnings states that it will…

  • accept product returns and provide a replacement where the product is faulty or is not of acceptable quality.
  • provide a replacement, refund, or repair where the product is faulty or is not of acceptable quality.
other
2 quotes from 1 source
We will accept product returns and provide you with a replacement, refund or repair where:
The product is faulty or is not of acceptable quality; or
#

Kmart states that for a minor failure with a marketplace product, marketplace sellers may reserve the right to offer repair only instead of replacement.

other
1 quote from 1 source
If the failure is minor, marketplace sellers may reserve their right to offer to repair only.
#
  • Kmart states that replacement of goods may be with refurbished goods.
  • Kmart states that repair of goods using refurbished parts may be an alternative to replacement.
other
1 quote from 1 source
Goods may be replaced by refurbished goods or repaired using refurbished parts.
#

Regarding replacement, Kmart states that it reserves the right to assess the condition and age of returned goods before providing a repair, exchange or refund.

other
1 quote from 1 source
Kmart reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund.

Services guarantees9 of 31

What is established: 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.

#

Sprintlaw asserts, regarding services guarantees, that the customer…

  • can cancel and get a refund for the unused portion of a services contract.
  • may claim compensation for loss or damage.
other
1 quote from 1 source
with services, the customer can cancel and get a refund for the unused portion (and may claim compensation for loss or damage).
#

Sprintlaw asserts about services guarantees that…

  • it is unlawful to display or enforce a blanket 'No Refunds' policy.
  • nothing can limit or exclude Australian Consumer Law rights for faulty goods or services.
other
1 quote from 1 source
It's unlawful to display or enforce a blanket "No Refunds" policy. You can set reasonable conditions for change-of-mind returns, but nothing can limit or exclude ACL rights for faulty goods or services.
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LegalVision asserts that consumer guarantees are warranties that all consumers can rely on when making a purchase.

vendor
1 quote from 1 source
Consumer guarantees are warranties that all consumers can rely on when making a purchase.
#

LegalVision asserts that, for services guarantees, where a service fault is minor, the service supplier is the party that chooses which remedy to provide.

vendor
1 quote from 1 source
If a fault is considered a 'minor' fault, the service supplier can choose to either:
#

In services guarantees, LegalVision asserts that a supplier…

  • need not provide any refund because a purchaser changed their mind about the service.
  • must honour a company policy if it has one for instances where a purchaser changed their mind about the service.
vendor
1 quote from 1 source
Further, a supplier need not provide any refund because a purchaser changed their mind about the service. However, if they have a company policy in such instances, they must honour it.
#

LegalVision asserts that under the Australian Consumer Law services include ballet lessons, an accountant's services, dry cleaning and installing or repairing consumer goods.

vendor
1 quote from 1 source
For example: ballet lessons, accountant's services, dry cleaning and installing or repairing consumer goods are all services under the ACL.

Consequential loss8 of 29

What is established: 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.

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Bunnings states that customers are entitled to compensation for other reasonably foreseeable loss or damage.

other
1 quote from 1 source
You're entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage.
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Sprintlaw states that consequential loss exclusions are used by businesses to cap open-ended exposure that could be wildly disproportionate to the contract value.

other
1 quote from 1 source
Businesses use them to cap “open-ended” exposure that could be wildly disproportionate to the contract value.
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Sprintlaw states that categories like lost profits…

  • are not automatically consequential in every case.
  • may sometimes be treated as a direct loss.
other
1 quote from 1 source
categories like “lost profits” aren’t automatically consequential in every case - sometimes lost profits may be treated as a direct loss, depending on the nature of the contract and what the profit relates to
#
  • Consequential loss is the subject of a statement by Sprintlaw.
  • Sprintlaw's statement about consequential loss says that a business dealing with consumers cannot contract out of certain obligations under the Australian Consumer Law.
other
1 quote from 1 source
Also remember that if you’re dealing with consumers, you can’t contract out of certain obligations under the Australian Consumer Law (ACL).
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Sprintlaw states that a broad 'no consequential loss' clause might leave a customer buying goods or services without a meaningful remedy for the real-world damage they suffer when the supplier fails.

other
1 quote from 1 source
if you’re the customer buying goods or services, a broad “no consequential loss” clause might leave you without a meaningful remedy for the real-world damage you suffer when the supplier fails.
#

Kmart states that customers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

other
1 quote from 1 source
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

Extended warranty8 of 36

What is established: 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.

#

The Good Guys states that…

  • a faulty product valued at $500 or less will be replaced.
  • the replacement of a faulty product valued at $500 or less is so the customer does not have to wait for it to be repaired.
other
1 quote from 1 source
A faulty product valued at $500 or less will be replaced so you don’t have to wait for it to be repaired.
#

The Good Guys states that a product repair taking longer than 20 business days from when it inspects or receives the product makes the customer eligible to have it replaced with an equivalent product.

other
1 quote from 1 source
If your product repair takes longer than 20 business days from when we inspect or receive it, you’ll be eligible to have it replaced with an equivalent product.
#

The Good Guys states that an enrolled product requiring more than two repairs during the life of the plan will be offered an equivalent replacement at the customer's request.

other
1 quote from 1 source
If your enrolled product requires more than two repairs during the life of your plan, we will offer you an equivalent replacement at your request.
#

The Good Guys states that a customer who does not purchase Gold Service Extras may still have rights under the Australian Consumer Law to a free remedy after the manufacturer's warranty and its own minimum voluntary warranty expire.

other
1 quote from 1 source
Even if you do not purchase Gold Service Extras, you may also have rights under the Australian Consumer Law to a free remedy (even after expiry of the manufacturer’s warranty and The Good Guys’ Minimum Voluntary Warranty).
#

The Good Guys states that Gold Service Extras must be purchased at the same time as the product it covers.

other
1 quote from 1 source
Gold Service Extras must be purchased at the same time as you purchase your product.
#
  • The ACCC reproduces a statement from letters sent to consumers who had purchased a Fisher & Paykel appliance, inviting those consumers to buy an extended warranty.
  • The statement that invited consumers who had purchased a Fisher & Paykel appliance to buy an extended warranty told those consumers that the appliance would not be protected against repair costs after the 12 months remaining.
medium confidencefirst-party
2 quotes from 1 source
Both companies sent letters to consumers who had purchased a Fisher & Paykel appliance inviting them to purchase an extended warranty. The letters contained statements such as
a year old, which means that you have 12 months remaining—after that your appliance won’t be protected against repair costs.

Who pays for return postage8 of 19

What is established: 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.

#

Amazon AU states that return shipping fees apply to most change of mind returns.

medium confidenceother
1 quote from 1 source
Return shipping fees apply to most change of mind returns.
#

Amazon AU states that a customer whose item is not eligible for Free Returns is responsible for any return shipping costs.

medium confidenceother
1 quote from 1 source
If your item is not eligible for Free Returns, you are responsible for any return shipping costs.
#

Kmart states that for change of mind returns the delivery fee is non-refundable.

other
1 quote from 1 source
For change of mind returns, the delivery fee is non-refundable.
#

CHOICE states that, regarding who pays for return postage, if a consumer has paid for the shipping and the retailer finds the product does have a problem, the retailer must reimburse the consumer for posting it to them.

1 quote from 1 source
If you’ve paid for the shipping and the retailer finds that the product does have a problem, then they must reimburse you for posting it to them, so keep any receipts.
#

On the question of who pays for return postage, CHOICE states that if the retailer finds no issue and the retailer paid for the shipping, the consumer may have to reimburse the retailer for transporting and inspecting the item.

1 quote from 1 source
If the retailer finds no issue and they paid for the shipping, then you may have to reimburse them for transporting and inspecting the item.
#

CHOICE states that, as to who pays for return postage…

  • a consumer is responsible for returning a small, easy-to-post faulty item.
  • the business is responsible for taking back something bigger such as a bed or television.
1 quote from 1 source
If your faulty item is small and easy to post or transport, you are responsible for returning it to the retailer. But if it’s something bigger, such as a bed or television, the business is responsible for taking it back, but they should still keep you in the loop with how much that process will cost.
#

CHOICE states that return delivery costs are not specifically referenced in the Australian Consumer Law.

medium confidence
1 quote from 1 source
Though not specifically referenced in the ACL, we don’t think you should be out of pocket for delivery costs if you have to return faulty goods.

Faulty goods7 of 38

What is established: 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.

#
  • Bunnings states that its goods come with guarantees that cannot be excluded under the Australian Consumer Law.
  • Bunnings states that customers are entitled to a replacement or refund for a major failure of its goods.
other
1 quote from 1 source
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You're entitled to a replacement or refund for a major failure, and to compensation for other reasonably foreseeable loss or damage.
#

Kmart states that where a failure is minor it reserves its right to offer to repair only.

other
1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.
#

Regarding replacement, Kmart states that it reserves the right to assess the condition and age of returned goods before providing a repair, exchange or refund.

other
1 quote from 1 source
Kmart reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund.
#

Kmart states that it reserves the right not to offer an exchange, exchange voucher or refund for faulty goods where the product fault is a result of misuse or neglect.

other
1 quote from 1 source
Kmart reserves the right not to offer an exchange, exchange voucher or refund where the product fault is a result of misuse or neglect.
#

Faulty goods that are Kmart branded products meeting consumer guarantee return requirements are…

  • accepted for return by Kmart without proof of purchase.
  • provided an exchange voucher by Kmart when returned without proof of purchase.
other
1 quote from 1 source
Kmart will accept returns of Kmart branded products (Anko, OXX, etc) that meet consumer guarantee return requirements without proof of purchase. In such cases, an exchange voucher will be provided.

Minor failure7 of 16

What is established: 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.

#

Myer states that if the failure is minor, Myer…

  • will repair the item within a reasonable time.
  • may at its discretion replace the item or refund the customer.
other
1 quote from 1 source
If the failure is minor, we will repair the item (or, at our discretion, we may replace the item or refund you) within a reasonable time.
#

CHOICE states that if a product has two or more minor failures it can be considered a major failure.

1 quote from 1 source
If your faulty product has two or more minor failures of the consumer guarantees, it can be considered a major failure.
#

Kmart states that if the failure is minor it reserves its right to offer to repair only.

other
1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.
#

CHOICE states that where a product has a minor issue the business…

  • is only obligated to repair it free of charge.
  • does not have to offer a replacement or refund.
1 quote from 1 source
If your product has a minor issue, the business is only obligated to repair it free of charge – it doesn’t have to offer you a replacement or refund.

Sale items7 of 28

What is established: 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.

#
  • Kmart states that a product returned for change of mind must be in resaleable condition.
  • Kmart states that resaleable condition means the product is in its original packaging including instruction manuals and all accessories.
medium confidenceother
2 quotes from 1 source
The product must be in resaleable condition, meaning:
It is in its original packaging, including instruction manuals and all accessories; and
#

All sale items returned for change of mind are required by Bunnings to be…

  • unused.
  • in original packaging.
  • in saleable condition.
medium confidenceother
1 quote from 1 source
All returned goods must be unused, in original packaging and in saleable condition
#

Sprintlaw gives 'Sale items are final sale and not eligible for change-of-mind returns' as an example of refund policy wording that usually works.

other
2 quotes from 1 source
Write in plain English and avoid absolutes. Examples that usually work:
“Sale items are final sale and not eligible for change‑of‑mind returns.”
#

LegalVision states that whether a consumer purchased an item in a sale is not a factor in determining their rights.

vendor
1 quote from 1 source
The fact that a consumer purchased an item in a sale (or not) is not a factor in determining their rights.

Cancelling a service6 of 18

What is established: 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.

#

CHOICE states that a consumer…

  • needs to have a major problem to cancel a service.
  • cannot cancel a service where the problem is minor or can be reasonably fixed.
1 quote from 1 source
If you have a minor service problem, or it can be reasonably fixed, you can’t cancel the service. You need to have a major problem to cancel the service.
#

CHOICE states that a consumer cannot cancel a service if…

  • they have changed their mind.
  • the problem is outside the supplier's control.
  • they want the service provided in a way that goes against the supplier's advice.
  • they did not clearly communicate what they wanted.
2 quotes from 1 source
You also can’t cancel a service if:
You’ve changed your mind Your problem is outside the supplier’s control You want the service provided in a way that goes against the supplier’s advice You didn’t clearly communicate what you wanted from the supplier

Gift card expiry6 of 20

What is established: 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.

#

LegalVision asserts that the November 2019 gift card rules aligned with pre-existing NSW state-level protections introduced in 2018.

vendor
1 quote from 1 source
Since the ACL amendments took effect in November 2019, all gift cards sold in Australia must remain redeemable for a minimum of three years, aligning with NSW's pre-existing state-level protections introduced in 2018.
#

Sprintlaw asserts that gift card expiry laws in Australia are one of the most misunderstood topics by both customers and business owners.

medium confidenceother
1 quote from 1 source
gift card expiry laws in Australia are one of the most searched (and misunderstood) topics by both customers and business owners
#

LegalVision asserted that changes to Australian law came into place on 1 November 2019 to give consumers who hold gift cards greater protections.

vendor
1 quote from 1 source
On 1 November 2019, changes to the Australian law came into place to provide consumers who hold gift cards with greater protections.
#

LegalVision asserts that the gift card changes will not affect gift cards sold before 1 November 2019.

vendor
1 quote from 1 source
These changes in the law will not affect gift cards sold before 1 November 2019.
#

LegalVision asserts that a business issuing non-compliant gift cards could be fined by the ACCC…

  • up to $30,000.
  • $6,000 if it is not a company.
vendor
1 quote from 1 source
If your business issues non-compliant gift cards to consumers, the ACCC could fine you up to $30,000 or $6,000 if you are not a company.

No refunds sign6 of 27

What is established: 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.

#

Sprintlaw states that policies presented as 'No Refunds', 'Final Sale' or 'No Returns On Sale Items' are fine provided the business does not mislead customers about their legal rights if goods are faulty, unsafe or misdescribed.

other
1 quote from 1 source
as “No Refunds,” “Final Sale,” or “No Returns On Sale Items.” That’s fine-provided you don’t mislead customers about their legal rights if goods are faulty, unsafe, misdescribed, or services don’t meet the guarantees required by the ACL.
#

Sprintlaw states that broad 'No Refunds' signs or statements are unlawful if they suggest customers have no rights for faulty goods or services.

other
1 quote from 1 source
Broad “No Refunds” signs or statements are unlawful if they suggest customers have no rights for faulty goods or services.
#
  • Sprintlaw advises businesses never to state 'No refunds under any circumstances'.
  • Sprintlaw's advice is based on the possibility that the wording 'No refunds under any circumstances' can mislead customers into thinking they have no rights if something is defective or not as described.
other
1 quote from 1 source
Never state “No refunds under any circumstances.” That wording can mislead customers into thinking they have no rights if something is defective or not as described.
#

LegalVision states that signs on business premises reading 'No refunds on sale items' are…

  • illegal.
  • prohibited under the ACL.
medium confidencevendor
3 quotes from 1 source
All business owners must be aware that signs on their premises reading:
‘No refunds on sale items’; or
are illegal and prohibited under the ACL.

Unsolicited consumer agreements6 of 39

What is established: 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.

#

Sprintlaw asserts that in many cases the cooling-off period for an unsolicited consumer agreement is 10 business days from the day after the consumer receives a copy of the agreement.

other
1 quote from 1 source
In many cases, this is 10 business days from the day after the consumer receives a copy of the agreement.
#

Sprintlaw asserts that purchases initiated by the consumer on a business's website are not unsolicited sales.

other
1 quote from 1 source
Purchases initiated by the consumer on your website are not unsolicited sales, but you still must comply with the ACL, especially around accurate advertising and refunds.
#

LegalVision asserts that a cooling-off period of 10 days applies when a customer enters into an unsolicited consumer agreement.

vendor
1 quote from 1 source
If a customer enters into an unsolicited consumer agreement with you, a cooling-off period of 10 days will apply.
#

LegalVision asserts that the ACCC can…

  • investigate complaints about unsolicited consumer agreements.
  • issue fines if the ACCC agrees with the customer's complaint about unsolicited consumer agreements.
vendor
1 quote from 1 source
The Australian Competition and Consumer Commission (ACCC) can investigate complaints and issue fines if they agree with the customer's complaint.
#

LegalVision asserts about unsolicited consumer agreements that a door-to-door salesperson who sees a Do Not Knock sign at a person's home must leave the premises immediately.

vendor
1 quote from 1 source
If you are a door-to-door salesperson and you see a sign at a person's home that says "Do Not Knock", you must leave the premises immediately.

Durability5 of 48

What is established: 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.

#

A Good Guys salesperson told CHOICE's mystery shoppers that…

  • under the Australian Consumer Law the TV would be covered for two years.
  • after the two years there is nothing the store can do.
2 quotes from 1 source
Just like many JB Hi-Fi staff, many of those at The Good Guys seemed to think the retailer's obligation to consumers ended at the two-year mark. Some of their responses included:
"With the ACL, depending on how much you spend, you get covered for a certain period of time. With this TV … you'd be covered for two years. So if something goes wrong in the first year, Samsung would fix [it] and if something went wrong in the second year, we would fix it. After that, there's nothing we can do."
#

JB Hi-Fi employees told CHOICE's mystery shoppers that…

  • the manufacturer gives one year of warranty.
  • JB Hi-Fi gives one extra year by consumer law, after which there is no coverage.
1 quote from 1 source
Some employees seemed to think the extra year of voluntary warranty represented the extent of JB Hi-Fi's responsibility, telling us that "the manufacturer gives one year warranty and then JB gives one extra year by consumer law" and that after that period "there's no coverage, you go by yourself to a TV mechanic".
#

A Good Guys salesperson told CHOICE's mystery shoppers that under consumer law the customer has two years.

2 quotes from 1 source
Just like many JB Hi-Fi staff, many of those at The Good Guys seemed to think the retailer's obligation to consumers ended at the two-year mark. Some of their responses included:
"The manufacturer says you've only got one year's warranty on this, but under consumer law you've actually got two years."

Overseas purchases5 of 24

What is established: 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.

#

Sprintlaw states that a common misconception is that overseas purchases can be sold as-is with limited obligations.

other
1 quote from 1 source
A common misconception is that parallel imported products can be sold “as-is” with limited obligations.
#

Sprintlaw states that if something goes wrong with a parallel import, a business's customers will typically come to the business rather than the overseas supplier or the brand owner.

other
2 quotes from 1 source
That means if something goes wrong, your customers will typically come to
not the overseas supplier, and not the brand owner.
#

LegalVision states that if there is a local manufacturer of the same product they will not be responsible for fixing a parallel-imported product or offering any product support.

vendor
1 quote from 1 source
If there is a local manufacturer of the same product, they will not be responsible for fixing your product or offering you any product support.
#
  • LegalVision states that an Australian consumer will probably have difficulty enforcing consumer guarantee rights against a seller located overseas.
  • LegalVision states that the seller located overseas may be outside the Australian courts' jurisdiction.
vendor
1 quote from 1 source
Despite the availability of the ACL consumer guarantees, an Australian consumer will probably have difficulty enforcing these rights against a seller located overseas. This is because the seller may be outside the Australian courts’ jurisdiction.

Motor vehicle guarantees4 of 59

What is established: 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.

#

Cars24 states that every vehicle it sells comes with a…

  • complimentary 3-month warranty
  • 30-Day Return Guarantee
other
1 quote from 1 source
That's why every vehicle comes with a complimentary 3-month warranty and 30-Day Return Guarantee, giving you added reassurance from day one.
#

Cars24 states that regular servicing of the vehicle is required under its cover.

other
1 quote from 1 source
Regular servicing of your vehicle is required
#

Cars24 describes its cover as giving unlimited claims up to the vehicle value at time of claim.

medium confidenceother
1 quote from 1 source
Unlimited claims up to the vehicle value at time of claim

Small claims4 of 27

What is established: 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.

#

Sprintlaw states that the civil jurisdiction of the Magistrates' Court of Victoria commonly covers claims up to $100,000.

other
1 quote from 1 source
the civil jurisdiction of the Magistrates’ Court commonly covers claims up to $100,000
#

Sprintlaw states that, for small claims, a VCAT order for payment usually needs to be certified in a court before court enforcement processes can be used.

other
1 quote from 1 source
if you obtain a VCAT order for payment, you’ll usually need to have that order certified in a court before you can use court enforcement processes.
#
  • Sprintlaw states that many simple unpaid business-to-business invoices fall outside small claims.
  • Sprintlaw states that a dispute sitting squarely in small claims' consumer/trader or fair trading jurisdiction does not fall outside small claims.
other
1 quote from 1 source
Many simple unpaid B2B invoices fall outside VCAT unless the dispute sits squarely in its consumer/trader or fair trading jurisdiction.

Digital products3 of 10

What is established: 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.

#

BIG W's returns page lists e-gift cards among the items that are not eligible for change of mind returns.

medium confidenceother
2 quotes from 1 source
The following items are not eligible for change of mind returns:
e-gift cards
#
  • Steam states that digital products (content and services) are licensed, not sold.
  • Steam states that the licence for digital products (content and services) confers no title or ownership in those digital products.
medium confidence
1 quote from 1 source
The popular US-based video game platform Steam makes a similar claim, saying its content and services “are licensed, not sold. Your license confers no title or ownership in the content and services”.

Product recall3 of 22

What is established: 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.

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Kmart states that it will accept a product return under consumer guarantees where the product has been recalled.

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2 quotes from 1 source
Kmart will accept product returns under consumer guarantees where:
The product has been recalled
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  • CHOICE states that the standard repair, replace or refund provisions apply in relation to recalls.
  • CHOICE states that which repair, replace or refund provision a consumer gets depends on the risk analysis of the recall.
1 quote from 1 source
The standard repair, replace or refund provisions apply in relation to recalls. Which one you get depends on the risk analysis of the recall, according to the ACCC.

Reasonable time3 of 19

What is established: 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.

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  • CHOICE states that consumer guarantees last for a reasonable time after purchase.
  • Manufacturer's warranties are time-limited.
1 quote from 1 source
Unlike time-limited manufacturer’s warranties, consumer guarantees last for a “reasonable time” after purchase.
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CHOICE states that a reasonable time depends on the type of product, how much was paid, and how long a regular customer would expect that item to last.

1 quote from 1 source
A “reasonable time” depends on the type of product, how much you paid, and how long a regular customer would expect that item to last.

Refund3 of 18

What is established: 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.

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BIG W's returns page states that for a major problem the customer is entitled to a replacement, repair or refund.

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1 quote from 1 source
If the problem is major, you are entitled to a replacement, repair or refund.
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BIG W's returns page states that BIG W retains the right to refuse a refund for unverified purchases.

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1 quote from 1 source
BIG W retains the right to refuse a refund for unverified purchases.
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Kmart's change of mind returns policy states that to be in resaleable condition a returned product must be in its original packaging, including instruction manuals and all accessories.

medium confidenceother
2 quotes from 1 source
The product must be in resaleable condition, meaning:
It is in its original packaging, including instruction manuals and all accessories; and

Store credit3 of 19

What is established: 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.

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BIG W's 90 day change of mind policy provides a refund or exchange if the product is in original and saleable condition and packaging with all accessories included.

other
2 quotes from 1 source
BIG W will happily give you a refund or exchange within 90 days of purchase, provided you have proof of purchase and the product:
is still in its original and saleable condition and packaging, with all accessories included; and
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JB Hi-Fi states that cover under its Extra Care plan ends upon first replacement with a new replacement product or payment, including by the issue of a store credit or JB Hi-Fi gift card.

other
1 quote from 1 source
ending on the date which is 5 years after the date of purchase/delivery or upon first replacement with a new replacement product or payment (including by the issue of a store credit or JB Hi-Fi gift card).

Acceptable quality2 of 21

What is established: 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.

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Kmart states that it will accept product returns under consumer guarantees where the product is faulty or is not of acceptable quality.

other
2 quotes from 1 source
Kmart will accept product returns under consumer guarantees where:
The product is faulty or is not of acceptable quality;
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Regarding replacement, Kmart states that it reserves the right to assess the condition and age of returned goods before providing a repair, exchange or refund.

other
1 quote from 1 source
Kmart reserves the right to assess the condition and age of returned goods prior to providing a repair, exchange or refund.

Consumer guarantee2 of 34

What is established: 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.

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Kmart's consumer guarantee returns policy states that non-Kmart branded products require adequate proof of purchase.

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1 quote from 1 source
Non-Kmart branded products require adequate proof of purchase, including:
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JB Hi-Fi salespeople told CHOICE that there is no coverage after the extra year.

1 quote from 1 source
telling us that “the manufacturer gives one year warranty and then JB gives one extra year by consumer law” and that after that period “there’s no coverage, you go by yourself to a TV mechanic”

Repair2 of 21

What is established: 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.

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Kmart's consumer guarantee returns policy states that if the failure is minor Kmart reserves its right to offer to repair only.

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1 quote from 1 source
If the failure is minor, we reserve our right to offer to repair only.
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JB Hi-Fi salespeople told CHOICE that if a product is over two years old the customer has to pay for the repairs themselves.

1 quote from 1 source
We found that salespeople in 24 of the 29 (83%) JB Hi-Fi stores we called misrepresented our consumer rights, telling us things like, “If it’s over two years, you have to pay for the repairs yourself.”

Spare parts2 of 16

What is established: 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.

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  • Sprintlaw asserts that manufacturers must ensure reasonable availability of spare parts and repair facilities for a reasonable time.
  • Sprintlaw asserts that a business that knows parts will not be available should disclose this clearly before sale.
other
1 quote from 1 source
Manufacturers must ensure reasonable availability of spare parts and repair facilities for a reasonable time. If you know parts won't be available, disclose this clearly before sale.