Products bought from an Australian business are automatically covered by Australian Consumer Law. If you have a problem with a product, the business must offer you a way to fix it.
On this page
Definitions
Here are definitions of words that are commonly used on this page.
Minor problem
A problem is minor when it can be fixed easily by the business in a reasonable time.
Major problem
A problem is major when:
- the product doesn’t do what it said it would do, and can’t be easily fixed within a reasonable time
- it would stop someone from buying the product if they'd known about it
- it creates an unsafe situation
- it's significantly different from the sample or description
Reasonable time
Example of unreasonable time
Bridget’s new fridge stopped working after only a month. She called the business and they agreed to pick up the fridge within one week. A week later, the business still had not picked up the fridge. Bridget followed up with the business and they told her they could not arrange a pick-up until the following month. Bridget considers this to be an unreasonable time.
Example of reasonable time
Nadiah’s new 85” television is broken after one week of using it. When she calls the business, they inform her that due to needing new parts from overseas, they are only able to repair the television in 2 weeks instead of the usual 7 days. Nadiah considers this to be a reasonable time.
Private Seller
A private seller is someone who is not selling products on behalf of an organisation or a company. Many private sellers operate through platforms such as eBay or Facebook Marketplace. Consumer laws do not apply to private sellers.
Refunds
If your problem with a product can be fixed easily by the business in a reasonable time, you must allow the business to give you a repair or replacement.
If the business can’t repair or replace the product in a reasonable time, you can then ask for a refund.
You can ask straight away for a refund if your problem is ‘major’. Alternatively, you can ask for compensation for the difference between the value of the product compared to the price you paid.
Example of a refund for a minor problem
Ash buys a new dishwasher but after one week, one of the wheels breaks. Ash can still use the dishwasher. Ash must let the business he bought the dishwasher from arrange for a repair or a replacement wheel, before he can ask for a refund.
Example of a refund for a major problem
Ying purchases a microwave from an online store, but the size of the microwave is larger than the description stated on the website. Ying is unable to use the microwave because it does not fit the space in her in-built kitchen cabinet. The online store must offer a refund because the size of the microwave is significantly different from its description and Ying would not have bought the microwave had she known.
What must the business do?
If you are entitled to a refund, the business that sold the product to you must:
- give you a free-of-charge refund
- offer the refund first, before they can offer any other alternatives, such as a credit voucher
- take steps to recover money from suppliers and, where it should be returned to a customer, return the money as soon as possible
- communicate regularly with you about the timing of the refund and the steps being taken
- make sure any refund is paid within a reasonable time.
A business can only refuse to give you a free repair, replacement or refund if:
- you simply changed your mind
- you chose the wrong product
- your circumstances changed and you no longer want the product
- you misused the product in a way that contributed to the problem
- the problem with a product was not because of a defect in how it was made (e.g. damage to electronics from a power surge).
In these circumstances, the business does not need to offer you any remedy. However, many business may choose to give you a refund or credit note as a courtesy.
Credit instead of a refund
If you are entitled to a repair, replacement or refund, a business can only offer you a credit voucher after they have:
- offered a repair or replacement for a minor problem; or
- offered a full refund for a major defect.
Example of not accepting a credit voucher
Prakash has a major problem with his PlayStation 5 gaming console and is entitled to a refund. When he returns the product to the store, they offer him the equivalent value of the refund in the form of a gift card that he can spend in the store instead. Prakash insists he wants a refund and not the gift card, so the store gives him his money back.
Repairs
You must accept a free repair if the business can easily fix the problem in a reasonable time.
A free repair service should cover:
- postage or delivery fee
- repair fee
- labour costs
- other miscellaneous costs.
If the business cannot repair the product or fails to repair it in a reasonable time, you may be entitled to a replacement, refund or compensation.
Example of a minor problem repair
Ash buys a new dishwasher but after one week, a wheel breaks. The business offers to repair the wheel on the dishwasher for free. The business sends a technician to Ash’s house and pays for the repair of the wheel and the labour cost. Ash receives the repair service free of charge.
Replacements
You must accept a free replacement if the business can easily fix the problem in a reasonable time.
The product you are given must be similar to the original product. This means it must be new and be able to perform the same function as the original product.
If the same product you purchased is no longer available, and the business cannot give you a similar product, you can request a refund.
Returns
If you have a problem with a product, you are responsible for returning it if it’s easy to do so. For example, a laptop or mobile phone via the post. Keep the receipts for any postage or transport costs, which must be repaid by the business.
The business is responsible for returning products that are not easy to return, like TVs, fridges, stoves, dishwashers or other installed appliances. This must be done within a reasonable time.
The product does not have to be in its original packaging, but you may be asked to provide proof of purchase, such as a receipt.
Double check before returning
If, after returning the product, the business finds that the product does not have a problem, it can make you pay the collection and inspection costs.
Compensation
You can claim compensation if you or your belongings are damaged by a problem with a product.
A business should not claim you have no right to compensation or deny responsibility for foreseeable losses you suffered from using their product.
How to claim compensation
- Consider the amount of compensation required to return you to the financial position you were in before the problem happened.
- Gather a receipt or proof of purchase.
- Contact the business or manufacturer, verbally or in writing, to explain the problem and ask for compensation.
- You may also consider a refund, replacement or repair of the defective product.
Example of compensation
Stella bought a fridge. About four weeks after purchase, the fridge stopped working while she was at work.
The manufacturer arranged for a replacement fridge which arrived 3 days later. But Stella had just purchased a bulk order of meat and had it stored in the freezer section. She was unable to store this while waiting for the new fridge.
As a result, most of the meat had to be thrown away. Stella was entitled to seek compensation to replace the disposed meat and she had kept the receipt and taken photos to prove her loss.
Delivery issues
If you have problems with the delivery of a product, you should speak to the business to resolve the issue. Here are answers to some common delivery issues faced by customers.
I’ve purchased a product but it’s taking too long to arrive
What is a ‘reasonable’ amount of time to wait will depend on the type of product and what you were told when you purchased it.
If you believe the amount of time you have waited for your product has become unreasonable, speak to the business first and see if you can come to an agreement.
If the business does not offer a solution, you may be entitled to a refund.
An example of a reasonable delivery issue
Katie purchased a sofa that was advertised as “made to order” from Italy. The salesperson told Katie she would need to wait four months for the sofa to be made and then delivered. After two months, the store advises Katie that due to shipping delays, her sofa will take an extra month for delivery. As the sofa is coming from overseas and the store kept Katie up to date on her delivery, she considers this a reasonable time.
An example of an unreasonable delivery issue
Ben purchased a laptop that was out of stock in the store and explained he needed it in two months because he is starting his studies. He was told that the laptop would be delivered in two months as new stock will arrive from overseas. After two months, Ben calls the store because he has not received the laptop. The store advises that it will take another two months because there have been further supply issues. Ben requires a laptop for his studies and is not able to wait another two months. He wishes to purchase a different laptop and asks for a refund.
My product has been lost in the post
A business that has accepted payment for products must deliver them within any timeframe they have indicated, or within a reasonable time.
If you think you have been waiting an unreasonable time for delivery, contact the business for an explanation in writing.
If the business cannot resolve the issue or fails to deliver the product, you are entitled to a refund or replacement.
The business is responsible for resolving any issues with post or courier companies they have engaged.
I received the wrong product in my delivery
Contact the business and arrange to return the product. This should be done at no cost to you. If the product is large, the business is responsible for arranging for a pick-up within a reasonable time.
My product is meant to be delivered in two packages. I received one but not the other
You must give the business an opportunity to deliver the second package within the timeframe they have indicated, or within a reasonable time.
If the business still doesn’t deliver the product, you can ask for a refund and to arrange collection or return of the first package.
Uncollected goods
Businesses must hold on to uncollected goods for a period of time, see uncollected goods for more information.
How to resolve a dispute
If you have a problem with a product, it is important you give the business the opportunity to fix the problem or to come to an agreement with you.
Three steps to resolve a dispute
1. Check the receipt
Make sure you review the receipt, proof of purchase and/or any other documentation the business provided, before you contact the business about your problem. These documents may tell you when you are entitled to a refund or if another solution is available.
2. Talk to the business
Once you’ve checked the receipt and/or the other documentation, explain the problem to the business. If the matter is complicated and not urgent, you could write an email or letter. We have tips and sample letters to help you.
3. Contact Fair Trading
If you’re still unable to resolve the matter, then contact us on 13 32 20 or make a complaint online.
We provide information to consumers and traders to help them resolve disputes. Only when parties are unable to resolve a dispute should a complaint be lodged.
Frequently Asked Questions (FAQs)
Damaged or falsely advertised products
The product I received is damaged.
If a product is damaged, take a photo of it and contact the business to let them know. They will need to give you a solution based on whether the damage is major or minor.
It is the responsibility of the business to provide a product that is of acceptable quality. The business is also responsible for resolving any issues with post or courier companies they have engaged.
The product I received is different from what was advertised.
You are entitled to a refund if a product does not do what the business says it does.
Businesses are not allowed to mislead consumers about their products. This applies to whitegoods, electronics, furniture and homewares products.
If you believe that a product is falsely advertised, you can make a complaint online.
Product safety and recalls
My product has been recalled.
If a product is found to be unsafe, doesn’t meet the required standards, or is banned, the company must recall the product and offer a repair, replacement or refund.
Businesses usually issue recalls, but the Government can also issue them.
Search a current list of recalls or visit the product and service safety page for more information.
I almost got hurt while using a product.
You should stop using the product immediately and report it as a product safety concern. There are two steps that you can take:
- Let the business know about the issue
- Report it to us by calling 13 32 20, make a complaint online or report the matter to Product Safety.
Visit the product recalls page for more information.
Can I get a refund if I am not satisfied with a product?
You can get a refund if the product:
- is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
- it would stop someone from buying it if they’d known about it
- is unsafe
- is significantly different from the sample or description
- doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
You can’t get a refund if:
- you simply changed your mind
- you misused the product in a way that contributed to the problem
- you asked for a product against the advice of the business, or were unclear about what you wanted
- a problem with the product was completely outside of the business’ control.
Warranties, cooling off periods and terms and conditions
Can I still get a repair or replacement if the warranty period of my product has ended?
Yes. If you have a minor or major problem with a product, you are still entitled to a solution even if your warranty has expired.
Visit the warranties page for more information.
Cooling-off periods
Cooling off periods do not apply to the sale of whitegoods, electronics, furniture and homewares. You may not be able to receive a refund just because you changed your mind.
Terms and conditions
Terms and conditions can not contradict consumer law. If you have a minor or major problem with a product, you are still entitled to a solution.
Further help
If you can’t find the information you’re looking for, select from one of the options below and get in touch.
Ask a question
Call us on 13 32 20 between 8.30am and 5pm Monday to Friday or submit an online enquiry any time.
Lodge a complaint
If you’re unable to resolve the matter with the business, relevant industry body or organisation, you can contact us for help on 13 32 20 or make a complaint online.