ACCC Consumer Rights

Frequently Asked Questions for consumers

� � Can a seller have a 'no refund' policy? � What if a seller refuses to fix my problem? � I have a problem with my goods but do not have my receipt? Can the seller refuse to fix my problem? � How long do my consumer guarantee rights last for? � What if I change my mind? Can I get a refund? � Do I need to bring in my original packaging? � What are my rights when I buy goods that aren't perfect? � Does the seller have to provide me with a cash refund or can they give me a credit note to spend in their store? � I have a problem with a gift - do I have any rights? � Can the seller refer me to the manufacturer and ask that I deal with them directly? � What if I have done something that damaged the goods – can I ask the seller to pay to fix this? � I bought my goods at auction, do the consumer guarantees apply? � I bought my goods online, do the consumer guarantees apply? � Do I have to pay to return the goods to the seller? � Are there any exceptions to the consumer guarantees? � What are my rights when my voluntary or extended warranty expires? � What is ‘consequential loss’ and when will the seller have to pay me damages for this?

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Can a seller have a 'no refund' policy? Sellers cannot have signs or policies that state ‘no refunds’ as they imply it is not possible to get a refund under any circumstance when this is not the case.

For the same reason, sellers should also not have the following signs or store policies:

� ‘No refund on sale items’ � ‘Exchange or credit note only for return of sale items’

Sellers can have signs that state ‘No refunds will be given if you have simply changed your mind’. Top

What if a seller refuses to fix my problem? If you approach a seller and they refuse to help - follow the steps set out on our Inquiry or complaint page. Top

I have a problem with my goods but do not have my r eceipt? Can the seller refuse to fix my problem? Not necessarily. A seller can ask you for proof of purchase, but a receipt is not the only

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valid proof of purchase. For example, a credit card statement, lay-by agreement or a stamped and dated warranty card showing where the goods were purchased may be valid, alternative ways to show where the goods were purchased. Top

How long do my consumer guarantee rights last for? Under the consumer guarantees, your rights are not limited to a set time period. Instead, they last for the amount of time that is reasonable to expect given the cost and quality of the item or any representations made about the item.

This means that you may still have rights even after any voluntary or extended warranty has expired.

For example, a car would be expected to last longer than a television, and a television would be expected to last longer than a cheap toy. A more expensive fridge would also be expected to last longer than a cheap fridge. Top

What if I change my mind? Can I get a refund? No. The consumer guarantees do not require a seller to give you a refund if you change your mind and decide that you don’t like or need the goods or discover that the goods are cheaper elsewhere. Top

Do I need to bring in my original packaging? If you have a problem with your goods (one of the consumer guarantees has not been complied with), you do not need the original packaging in order to get the seller to fix the problem. Top

What are my rights when I buy goods that aren't per fect? If your goods have some kind of fault and the seller explained the problem to you before you purchased them, you will not have a right to ask the seller to fix the problem. If there is another problem with the goods then you may be able to ask the seller to fix it.

If a seller only places a sign or notice saying ‘seconds’ ‘sold as is’ or ‘faulty’ , this may not be enough for you to work out the problem simply by looking at the goods. Top

Does the seller have to provide me with a cash refu nd or can they give me a credit note to spend in their store? If a consumer guarantee has not been met you are entitled to a remedy—repair, replacement, refund, compensation for any drop in value. If you receive a refund, this should be in the same form as your original payment. For example, if you paid in cash, the refund should be paid in cash. Alternatively, if you paid using a credit card this amount should be paid onto your credit card. Top

I have a problem with a gift - do I have any rights ? If you have a problem with your goods but received them as a gift, you have the same rights as the person who purchased them. That is, you are covered by the consumer guarantees so you can ask the seller to fix the problem with your goods. Top

Can the seller refer me to the manufacturer and ask that I deal with them

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directly? No. You are free to ask the seller or the manufacturer to fix your problem. The seller may send the goods to the manufacturer for diagnosis or repair, but they cannot force you to deal with the manufacturer directly. Top

What if I have done something that damaged the good s – can I ask the seller to pay to fix this? You have certain obligations in relation to the products you purchase. For example, you cannot ask the seller to fix the problem if you have been careless with the goods or caused the damage. You also may not be entitled to ask the seller to fix the problem if you have used the goods abnormally or the damage was caused by someone other than the seller or manufacturer, for example, a third party who installed the goods. Top

I bought my goods at auction, do the consumer guara ntees apply? Only the consumer guarantees relating to title, undisturbed possession and undisclosed securities and charges apply to goods purchased at a traditional auction conducted by an agent of the person selling the goods.

If you buy goods using an online auction website you may be able to ask the seller to fix your problem, as these websites do not generally act as an agent for the person selling the goods. Top

I bought my goods online, do the consumer guarantee s apply? Yes, you have the same rights for goods and services bought online as you would for all other goods sold in Australia.

If you buy from an online seller based overseas, you may not have the same rights. There may also be practical difficulties in obtaining a remedy from an overseas-based seller. For further information on this topic see our Online shopping - when things go wrong page. Top

Do I have to pay to return the goods to the seller? The consumer guarantees require you to return goods to the place where they were purchased unless it is not reasonable for you to do so. For example, it would be reasonable to expect you to return an item if you were able to easily take it away with you when you purchased it. However, if the item is large, heavy or bulky or needed to be delivered, the seller should arrange for this to be returned. Top

Are there any exceptions to the consumer guarantees ? Your consumer guarantee rights that services will be fit for a specified purpose or achieve a particular result, do not apply to professional services provided by a qualified architect or engineer.

Your consumer guarantee rights also do not apply to financial products and services. Top

What are my rights when my voluntary or extended wa rranty expires? Sellers and manufacturers can make extra promises about their goods and services but it is important to remember that these are in addition to your consumer guarantee

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rights. Voluntary or extended warranties do not override or limit consumer guarantees and you may be entitled to ask the seller to fix your problem even if any voluntary or extended warranty has expired.

Sellers should not mislead you into thinking that voluntary or extended warranties are the extent of your rights. Top

What is ‘consequential loss’ and when will the sell er have to pay me damages for this? Consequential losses are costs to a consumer because something went wrong with a good or service. A business is required to compensate you for any consequential loss that is reasonably foreseeable.

For example, if a faulty oven causes a fire in your kitchen, the costs of repairing the kitchen will be reasonably foreseeable and the busines will have to compensate your for this.

You are entitled to take further action if you are unhappy with what the business offers you and ultimately, it may be up to the courts to decide what you should receive.

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ACCC Consumer Rights

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