GuaranteesOnRecord

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Sale items

28 established claims - 11 refused by the grounding gate

Documented position18

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

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The ACCC states that under consumer law, businesses do not have to offer…

  • refunds for changes of mind on sale items.
  • replacements for changes of mind on sale items.
other
1 quote from 1 source
Under consumer law, businesses don’t have to offer refunds and replacements for changes of mind.
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The ACCC states that…

  • a business can put conditions on its change of mind policy that allow the exclusion of sale items.
  • sale items are an example of the specific products that can be excluded by conditions on a business's change of mind policy.
other
2 quotes from 1 source
So a business can put conditions on these change of mind policies, such as:
excluding specific products, for example sale items
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The ACCC states that it is illegal for businesses to rely on store policies which say 'no 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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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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For sale items, stores and sellers cannot take away consumers' refund rights by…

  • claiming a 'no refund' policy.
  • displaying a 'no refund' sign.
other
1 quote from 1 source
Stores and sellers cannot take away these rights by claiming they have a ‘no refund’ policy for sale items, or displaying a ‘no refund’ sign.
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Consumer Affairs Victoria states that a consumer cannot claim a refund for any problem with a sale item that is on sale because it is faulty if the store or seller informed the consumer of the problem before the sale.

other
1 quote from 1 source
If a product is on sale because it is faulty, a consumer cannot claim a refund for any problem the store or seller informed them of before the sale.
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Consumer Affairs Victoria states that consumers have the same refund rights on seconds and samples as they would have on full-price products.

other
1 quote from 1 source
Consumers have the same refund rights on seconds and samples as they would have on full-price products.
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Consumer Affairs Victoria states that consumers buying second-hand items from a store or seller have the same legal refund rights as they would with a new item.

other
1 quote from 1 source
When buying from a store or seller (including a business online), consumers have the same legal refund rights with second-hand items as they would with a new item.
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Consumer Affairs Victoria states that consumers have the same legal refund rights at a factory outlet as they would in a normal store.

other
1 quote from 1 source
Consumers have the same legal refund rights at a factory outlet as they would in a normal store.
#

Consumer Affairs Victoria states that a factory outlet cannot take away consumers' refund rights by…

  • claiming a 'no refund' policy.
  • displaying a 'no refund' sign.
other
1 quote from 1 source
The factory outlet cannot take away these rights by claiming they have a ‘no refund’ policy or displaying a ‘no refund’ sign.
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Consumer Affairs Victoria states that an in-store change of mind policy cannot take away the customer's rights under the Australian Consumer Law.

other
1 quote from 1 source
However, the in-store policy cannot take away the customer’s rights under the Australian Consumer Law.
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Consumer Affairs Victoria states that stores which have a change of mind refund, exchange or credit note policy must abide by it.

other
1 quote from 1 source
Stores that have such policies must abide by them.
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The ACCC's consumer guarantees guide lists 'No refund on sale items' among signs that are unlawful.

other
2 quotes from 1 source
For the same reason, the following signs are also unlawful:
‘No refund on sale items’
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The ACCC's consumer guarantees guide lists 'Exchange or credit note only for return of sale items' among signs that are unlawful.

other
2 quotes from 1 source
For the same reason, the following signs are also unlawful:
‘Exchange or credit note only for return of sale items’.

Measured finding2

Something someone actually measured, with the method attached.

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The Australian Consumer Survey 2023 reports that consumers are more likely to lodge a complaint if the value of the product or service is significant.

other
1 quote from 1 source
Consumers are more likely to lodge a complaint if the value of the product or service is significant, and if they feel the business has not responded appropriately in the first instance.
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The Australian Consumer Survey 2023 reports that most consumers would go to their state regulator to lodge a complaint, at 53%.

other
1 quote from 1 source
Most consumers would go to their state regulator to lodge a complaint (53%).

Practical effect1

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

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The Australian Consumer Survey 2023 reports that consumers are more likely to lodge a complaint if they feel the business has not responded appropriately in the first instance.

other
1 quote from 1 source
Consumers are more likely to lodge a complaint if the value of the product or service is significant, and if they feel the business has not responded appropriately in the first instance.

Repeated, with no primary source in reach7

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

other
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.

Refused11

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

The ACCC advises consumers rejecting sale items to explain that they are doing so because of their rights under the Australian Consumer Law rather than under the business's change of mind returns policy.

Refused: The quote advises explaining rejection of the product, not specifically sale items.

Unsupported: sale items

What it rested on
explain that you are rejecting the product and requesting a remedy because of your rights under the Australian Consumer Law, and not your rights under the business’s change of mind returns policy.

Section 54(4) of the Australian Consumer Law provides that goods are taken to be of acceptable quality where the only reasons they are not of acceptable quality were specifically drawn to the consumer's attention before the consumer agreed to the supply.

Refused: The quote states the acceptable-quality exception but does not identify it as Section 54(4) of the Australian Consumer Law.

Unsupported: Section 54(4)

What it rested on
the only reason or reasons why they are not of acceptable quality were specifically drawn to the consumer’s attention before the consumer agreed to the supply

Section 54(5) of the Australian Consumer Law treats the reasons goods displayed for sale are not of acceptable quality as having been drawn to a consumer's attention if they were disclosed on a written notice displayed with the goods that was transparent.

Refused: The quote states the disclosure rule but does not identify it as Section 54(5) of the Australian Consumer Law.

Unsupported: Section 54(5) of the Australian Consumer Law

What it rested on
the reason or reasons why they are not of acceptable quality are taken, for the purposes of subsection (4), to have been specifically drawn to a consumer’s attention if those reasons were disclosed on a written notice that was displayed with the goods and that was transparent

Kmart states that its change of mind returns for sale items require the product to be returned within 60 days of purchase.

Refused: The cited quote states a 60-day return window generally for change-of-mind returns, but does not specifically mention sale items.

Unsupported: for sale items

What it rested on
You must return the product/s within 60 days of purchase, or 365 days if you are a OnePass Member

Kmart states that its change of mind returns for sale items require the product to be returned within 365 days for a OnePass Member.

Refused: The quote states the 365-day OnePass return window for product/s but does not specify that it applies to sale items.

Unsupported: for sale items

What it rested on
You must return the product/s within 60 days of purchase, or 365 days if you are a OnePass Member

Bunnings states that sale items that Bunnings excludes from change of mind refunds can still be returned if they are faulty.

Refused: The quote says 'These products' can be returned if faulty but does not identify them as sale items excluded from change of mind refunds.

Unsupported: sale items that Bunnings excludes from change of mind refunds

What it rested on
These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.

Bunnings states that sale items that Bunnings excludes from change of mind refunds can still be returned if they are not fit for purpose.

Refused: The quote says 'These products' can be returned if not fit for purpose, but it never identifies them as sale items excluded from change of mind refunds.

Unsupported: sale items that Bunnings excludes from change of mind refunds

What it rested on
These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.

Bunnings states that sale items that Bunnings excludes from change of mind refunds can still be returned if they do not match the sample or description.

Refused: The quote says 'these products' can be returned for not matching description, but it does not identify those products as sale items excluded from change of mind refunds.

Unsupported: sale items that Bunnings excludes from change of mind refunds

What it rested on
These products can still be returned if they are faulty, not fit for purpose or do not match the sample or description.

Sprintlaw states that a business can refuse refunds for change of mind on sale items provided the business's own policy does not promise otherwise.

Refused: The quote supports refusing change-of-mind refunds generally but does not mention sale items.

Unsupported: on sale items

What it rested on
You can refuse refunds for change of mind, provided your own policy doesn’t promise otherwise.

LegalVision states that if a sale item has a minor problem, the supplier can elect to repair that sale item.

Refused: The quote says the supplier can select to repair in 'these circumstances' but does not specify that those circumstances are a minor problem.

Unsupported: minor problem

What it rested on
In these circumstances, the supplier can select to repair the item, provided repair is possible. A consumer is not entitled to reject the product and request a refund.

LegalVision states that if a sale item has a minor problem, the consumer is not entitled to reject that sale item and request a refund.

Refused: The quote says a consumer cannot reject the product in "these circumstances," but does not state those circumstances involve a sale item with a minor problem.

Unsupported: if a sale item has a minor problem

What it rested on
In these circumstances, the supplier can select to repair the item, provided repair is possible. A consumer is not entitled to reject the product and request a refund.