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When can I insist on a replacement?

31 quoted answers, each with its source

The short answer

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.

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

What the rules actually say15

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

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The ACCC states that when a product has a major problem the consumer chooses between a refund and a replacement.

first-party
1 quote from 1 source
When a product has a major problem, consumers can choose between a refund or replacement.
#

The ACCC states that a replacement offered for a major product problem must be a replacement of the same type of product.

first-party
2 quotes from 1 source
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 ACCC states that a business…

  • does not have to offer a replacement for a minor problem with a product.
  • may choose to offer a replacement for a minor problem with a product.
first-party
1 quote from 1 source
The business does not have to offer a replacement or refund for a minor problem, although it can choose to do this.
#

The ACCC states that businesses cannot take away a consumer's right to a replacement for faulty products or services.

first-party
1 quote from 1 source
Businesses can’t take away a consumer's right to a refund or replacement for faulty products or services.
#

The ACCC states that a…

  • consumer cannot demand a replacement from the manufacturer.
  • manufacturer may offer a replacement.
first-party
1 quote from 1 source
A manufacturer may offer to resolve the problem by providing a repair, refund or replacement, but consumers cannot demand this from the manufacturer.
#

The ACCC states that a consumer is entitled to get a refund or replacement instead if a business cannot or will not repair or fix the problem…

  • within a reasonable amount of time.
  • at all.
medium confidencefirst-party
2 quotes from 1 source
reasonable amount of time, or at all, a consumer is entitled to:
get a refund or replacement instead
#

The ACCC's documented position on replacement states that…

  • a consumer who buys a parallel import has all their usual rights.
  • the seller must offer a repair, replacement or refund if those rights are not met.
first-party
1 quote from 1 source
When a consumer buys a parallel import, they have all their usual rights. The seller must offer a repair, replacement or refund if these rights are not met.
#

The ACCC states that its guide to consumer guarantees for businesses and legal practitioners does not reflect changes to the Australian Consumer Law made since the guide was first published.

first-party
1 quote from 1 source
This guide is intended to reflect consumer law at a point in time and does not reflect changes to the Australian Consumer Law which have occurred since initial publication.
#

Consumer Affairs Victoria states that a consumer may be entitled to a repair, replacement or refund for a defective product regardless of whether the product is still under warranty.

first-party
2 quotes from 1 source
If a product turns out to be defective, the consumer may be entitled to a repair, replacement or refund (depending on whether the problem is major or cannot be fixed).
This applies regardless of whether the product is still under warranty.
#

The ACCC states that where a replacement of an identical type is not reasonably available, the consumer may instead choose a repair or a refund.

medium confidencefirst-party
1 quote from 1 source
The supplier must provide goods of an identical type. If such a replacement is not reasonably available, the consumer may choose a repair or a refund.
#

The ACCC states that the consumer guarantees which applied to the original goods also apply to replacement goods.

medium confidencefirst-party
1 quote from 1 source
The consumer guarantees that applied to the original goods will apply to the replacements.

Measured finding2

Something someone actually measured, with the method attached.

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CHOICE states that the percentage of surveyed consumers who took a consumer issue all the way to the Victorian Civil and Administrative Tribunal was…

  • 1% for products.
  • 2% for services.
1 quote from 1 source
The percentage who took a consumer issue all the way to the Victorian Civil and Administrative Tribunal was miniscule (1% for products; 2% for services).

Practical effect1

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

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The replacement claim states that members of Generation Z, born between 1997 and 2012, were far less likely to stand up for themselves in the consumer arena than Baby Boomers, born between 1946 and 1964.

1 quote from 1 source
One standout finding in the research is that members of Generation Z (born between 1997 and 2012) were far less likely to stand up for themselves in the consumer arena than Baby Boomers (born between 1946 and 1964), even though Gen Z consumers experience a significantly higher incidence of product and service failures.

Changed on2

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

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The ACCC states that for goods and services supplied from 1 July 2021 the threshold amount in the definition of 'consumer' increased from $40,000 to $100,000.

first-party
1 quote from 1 source
changes to the definition of 'consumer'. For goods and services supplied from 1 July 2021, the threshold amount has increased from $40,000 to $100,000
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The ACCC states that for goods and services supplied after 9 June 2019 the mandatory warranty text must tell consumers they can choose a refund or replacement for major failures with goods.

first-party
2 quotes from 1 source
The mandatory text for the supply of goods and services after 9 June 2019 is:
You are also entitled to choose a refund or replacement for major failures with goods.

Disputed between sources2

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

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  • The ACCC states that a consumer with a major product problem chooses between a refund and a replacement.
  • Kmart states that in some instances Kmart may offer a repair or replacement rather than a refund.
medium confidencefirst-partyother
2 quotes from 2 sources
When a product has a major problem, consumers can choose between a refund or replacement.
In some instances, Kmart may offer a repair or replacement, rather than a refund.

Often said, but we could not find it in the rules9

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 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.
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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.
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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.
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  • 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.