GuaranteesOnRecord

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Do the same rules apply when I buy online?

34 quoted answers, each with its source

The short answer

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.

Every part of this comes from the quotes below. How we write these.

What the rules actually say12

Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.

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The ACCC states that online businesses have the same responsibilities to consumers as physical businesses.

first-party
1 quote from 1 source
Online businesses have the same responsibilities to consumers as physical businesses.
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The ACCC states that all the usual consumer rights apply when a consumer shops online.

first-party
1 quote from 1 source
When a consumer shops online, all the usual consumer rights apply.
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The ACCC states that an overseas online business supplying goods or services directly to consumers in Australia must follow the Australian Consumer Law.

first-party
1 quote from 1 source
When an online business is based overseas and provides goods or services directly to consumers in Australia, the business must follow the Australian Consumer Law. This includes rules on the consumer guarantees.
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The ACCC states that online purchases are not covered by the Australian Consumer Law if the business does not directly offer its products and services in Australia.

first-party
1 quote from 1 source
Consumers are not covered by the Australian Consumer Law if the business doesn’t directly offer their products and services in Australia.
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The ACCC states that consumer guarantees rights for online purchases made on a marketplace platform…

  • apply to the seller the consumer buys from.
  • do not apply to the platform.
first-party
1 quote from 1 source
For example, when you buy a product on eBay, the product comes from the seller, not from eBay. So, your consumer guarantees rights apply to the seller you buy from, not the platform itself.
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The ACCC states that some consumer guarantees do not apply to online purchases where a marketplace seller is a private individual and not running a business.

first-party
1 quote from 1 source
if the seller is a private individual and not running a business, some consumer guarantees do not apply.
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The ACCC states that not all consumer guarantees apply when products are bought through a traditional auction, whether online or not.

first-party
1 quote from 1 source
Not all consumer guarantees apply when products are bought through a traditional auction, whether online or not.
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The ACCC states that the additional rules for ticket resellers do not apply to private sales of tickets through online marketplaces.

first-party
1 quote from 1 source
These rules do not apply to private sales of tickets through online marketplaces.
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Consumer Affairs Victoria states that 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 private seller's business.

first-party
1 quote from 1 source
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 their business).
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Consumer Affairs Victoria states that a consumer buying from a private seller online is still guaranteed clear title of the item unless told otherwise before the sale.

first-party
1 quote from 1 source
However, consumers are still guaranteed clear title of the item, unless they were told otherwise before the sale.

Measured finding1

Something someone actually measured, with the method attached.

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CHOICE states that Temu scored the lowest of all online outlets for overall shopping experience.

1 quote from 1 source
But consumers were most cautious about Temu – this newcomer- quickly-turned-global discount giant scored the lowest of all online outlets for overall shopping experience.

Practical effect3

What is observed to happen in practice, as distinct from what is documented.

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In practice, for online purchases, it can be difficult to get a repair, replacement or refund from an overseas business when there is a problem with a product or service.

first-party
1 quote from 1 source
In practice, it can be difficult to get a repair, replacement or refund from an overseas business if there is a problem with a product or service
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The ACCC states that Viagogo was ordered by the Federal Court to pay a penalty of $7 million.

first-party
1 quote from 1 source
Viagogo was ordered by the Federal Court to pay a penalty of $7 million.
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Consumer Affairs Victoria states that a consumer may experience practical difficulties obtaining a refund, repair or replacement for a product where the business is overseas.

first-party
1 quote from 1 source
However, be aware that if a business is overseas, you may experience practical difficulties in obtaining a refund, repair or replacement for your product.

Changed on2

A dated change. This is where advice quietly stops being true.

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For online purchases, products and services bought before 1 January 2011 are not covered by the current Australian Consumer Law.

first-party
2 quotes from 1 source
Products and services bought before 1 January 2011 aren’t covered by the current Australian Consumer Law. They may be covered by older laws.
This guide is relevant to goods and services bought before 1 January 2011, when the current law was introduced.
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For online purchases, eBay states that its Money Back Guarantee policy information for buyers is effective as of 12 May 2026.

other
1 quote from 1 source
This policy is effective as of 12 May 2026. The policy wording and page layout have been updated to simplify eBay Money Back Guarantee policy information for buyers, but our guidelines are unchanged.

Disputed between sources2

Sources that do not agree, presented without picking a winner.

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  • The ACCC states that, for online purchases, where a marketplace seller is a private individual not running a business, only some consumer guarantees do not apply.
  • Consumer Affairs Victoria states that, for online purchases, the Australian Consumer Law does not apply when a consumer buys from a private seller.
medium confidencefirst-party
2 quotes from 2 sources
if the seller is a private individual and not running a business, some consumer guarantees do not apply.
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 their business).

Often said, but we could not find it in the rules14

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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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.
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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.
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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.
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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.
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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.
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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.
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  • 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.
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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.