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Do I have rights on sale and clearance items?

28 quoted answers, each with its source

The short answer

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.

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

What the rules actually say18

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

#

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.
first-party
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.
first-party
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
#

The ACCC states that it is illegal for businesses to rely on store policies which say 'no refunds or exchanges on sale items'.

first-party
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’.
#

Consumer Affairs Victoria states that consumers have the same legal refund rights on sale items as they would have on full-price products.

first-party
1 quote from 1 source
Consumers have the same legal refund rights on sale items as they would have on full-price products.
#

For sale items, stores and sellers cannot take away consumers' refund rights by…

  • claiming a 'no refund' policy.
  • displaying a 'no refund' sign.
first-party
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.
#

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.

first-party
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.
#

Consumer Affairs Victoria states that consumers have the same refund rights on seconds and samples as they would have on full-price products.

first-party
1 quote from 1 source
Consumers have the same refund rights on seconds and samples as they would have on full-price products.
#

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.

first-party
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.
#

Consumer Affairs Victoria states that consumers have the same legal refund rights at a factory outlet as they would in a normal store.

first-party
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.
first-party
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.
#

Consumer Affairs Victoria states that an in-store change of mind policy cannot take away the customer's rights under the Australian Consumer Law.

first-party
1 quote from 1 source
However, the in-store policy cannot take away the customer’s rights under the Australian Consumer Law.
#

Consumer Affairs Victoria states that stores which have a change of mind refund, exchange or credit note policy must abide by it.

first-party
1 quote from 1 source
Stores that have such policies must abide by them.
#

The ACCC's consumer guarantees guide lists 'No refund on sale items' among signs that are unlawful.

first-party
2 quotes from 1 source
For the same reason, the following signs are also unlawful:
‘No refund on sale items’
#

The ACCC's consumer guarantees guide lists 'Exchange or credit note only for return of sale items' among signs that are unlawful.

first-party
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.

#

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.

first-party
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.
#

The Australian Consumer Survey 2023 reports that most consumers would go to their state regulator to lodge a complaint, at 53%.

first-party
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.

first-party
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.

Often said, but we could not find it in the rules7

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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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.
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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.”