GuaranteesOnRecord

All subjects

Refund

18 established claims - 5 refused by the grounding gate

Documented position11

What the body that runs or defines the thing says in its own documentation.

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The ACCC states that a refund…

  • should be the full amount the consumer paid.
  • must not have an amount deducted to take account of the use the consumer has had of the product.
other
1 quote from 1 source
A refund should be the full amount the consumer paid for the product. The business must not deduct an amount from a refund to take into account the use a consumer has had of the product.
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Refunds should be provided in the same form as the original payment unless the business and consumer agree otherwise.

other
1 quote from 1 source
Refunds should be provided in the same form as the original payment, unless the business and consumer agree otherwise.
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The ACCC states that it is illegal for businesses to rely on store policies or terms and conditions saying 'no…

  • refunds'.
  • refunds or exchanges on sale items'.
other
1 quote from 1 source
It’s illegal for businesses to rely on store policies or terms and conditions which deny these rights. For example, policies which say ‘no refunds’ or ‘no refunds or exchanges on sale items’.
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The ACCC states that consumers are not entitled to a repair, replacement or refund under the consumer guarantees when they got what they asked for but simply changed their mind.

other
2 quotes from 1 source
Consumers are not entitled to a repair, replacement or refund under the consumer guarantees if:
they got what they asked for but simply changed their mind
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Consumer Affairs Victoria states that consumers have the same legal refund rights on sale items as they would have on full-price products.

other
1 quote from 1 source
Consumers have the same legal refund rights on sale items as they would have on full-price products.
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Consumer Affairs Victoria states that a sign reading 'No refunds will be given if you have simply changed your mind' is acceptable.

other
1 quote from 1 source
Signs that state 'No refunds will be given if you have simply changed your mind' are acceptable.
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Consumer Affairs Victoria states that consumers have the same legal rights to a refund, repair or replacement whether or not the goods are returned in the original packaging or wrapping.

other
1 quote from 1 source
Consumers have the same legal rights to a refund, repair or replacement whether or not the goods are returned in the original packaging or wrapping.
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The ACCC's guide for businesses and legal practitioners states that…

  • signs reading 'no refunds' are unlawful because they imply it is not possible to get a refund under any circumstance.
  • 'No refund on sale items' signs are unlawful because they imply it is not possible to get a refund under any circumstance.
other
2 quotes from 1 source
Signs that state ‘no refunds’ are unlawful, because they imply it is not possible to get a refund under any circumstance—even when there is a major problem with the goods. For the same reason, the following signs are also unlawful:
‘No refund on sale items’

Practical effect2

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

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  • Origin Energy agreed to hand money back to over 4500 affected customers.
  • Origin Energy's agreement to hand money back was a result of an ACCC investigation.
other
2 quotes from 1 source
Origin Energy is refunding over $270,000 to customers after a consumer watchdog investigation.
As a result of the ACCC’s investigation, Origin has agreed to hand money back to over 4500 affected customers.

Changed on1

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

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The ACCC states that its Warranties and refunds guide is relevant to goods and services bought before 1 January 2011, when the current law was introduced.

other
1 quote from 1 source
This guide is relevant to goods and services bought before 1 January 2011, when the current law was introduced.

Disputed between sources1

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

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The ACCC states that for a major problem with a product the business must give the consumer the choice of a refund or a replacement.

medium confidenceother
3 quotes from 2 sources
When a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a:
replacement of the same type of product.
If the problem is major, you are entitled to a replacement, repair or refund.

Repeated, with no primary source in reach3

Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.

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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.

medium confidenceother
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.

medium confidenceother
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

Refused5

Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.

Show what was refused

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

Refused: The BIG W quote only mentions replacement, while the full replacement/repair/refund entitlement is from ACCC, not BIG W's returns page.

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

What it rested on
When a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a:
replacement of the same type of product.
If the problem is major, you are entitled to a replacement, repair or refund.

The ACCC states that when a business sells a product with a major problem it must give the consumer the choice of a refund or a replacement of the same type of product.

Refused: The quoted evidence only mentions a replacement of the same type, not a refund.

Unsupported: refund

What it rested on
When a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a:
replacement of the same type of product.

The Australian Consumer Law provides that where a consumer rejects goods, the supplier must give a refund or a replacement in accordance with an election made by the consumer.

Refused: The quotes mandate replacement in accordance with the consumer's election but do not state any obligation to give a refund.

Unsupported: refund

What it rested on
The supplier must, in accordance with an election made by the consumer:
replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.

The Australian Consumer Law provides that a consumer may take action against a supplier of goods whether or not the goods are in their original packaging.

Refused: The quote says the consumer may take action 'under this section' but does not state the action is against a supplier of goods.

Unsupported: against a supplier of goods

What it rested on
The consumer may take action under this section whether or not the goods are in their original packaging.

CHOICE reports that an Origin Energy spokesperson said the company is in the process of refunding affected customers an average amount of around $60.

Refused: The quote gives the statement but does not identify the speaker as an Origin Energy spokesperson.

Unsupported: an Origin Energy spokesperson said

What it rested on
“We have since made improvements and are in the process of refunding these customers an average amount of around $60.”