“I love waiting in long lines to try on clothes, walking from store to store carrying my shopping bags and standing in another long line to pay for everything I want to buy” said no one ever.

With almost every store allowing customers to purchase from its online website, who wouldn’t shop online to avoid the cues and hassle of lining up and to try  purchase their favourite products?

However, with less face-to-face contact with the shop assistants working at our favourite stores, it is difficult to get complete information on the terms and conditions regarding every product that we buy. Of course, most reputable stores will clearly set out their sales terms and conditions and their refund and exchange policy, however as a customer it is useful for you to know the refund policies as set out under the Australian Consumer Law.

What is the Australian Consumer Law?

The Australian Consumer Law automatically applies for the sale of all goods and services to consumers under the value of $40,000.00. This legislation has been put in place to protect consumers and ensure that all the products that you buy serve the purpose that you bought them for.

When can I get a refund?

The remedies available to you as a consumer depend on the type of fault that is presented in the product that you have purchased. For example, if there is a minor fault in the product then the retailer of the products can offer you a repair, refund or replacement at their option. A minor fault is something that can be easily fixed through repairing or exchanging the product.

However, if there is a major problem with the products then you can ask the retailer of the product for a replacement or a refund at your option. If a good has a major problem this means that:

  • it has a problem that would prevent someone from purchasing it had they known about the problem;
  • the problem makes the product unsafe;
  • the product is different from any sample that was shown to you;
  • it cannot be easily fixed; or
  • the product does not do what the retailer said that it would. 

Taking these points into consideration you can decide whether the fault in a product that you have purchased is major or minor. However, you should note that retailers are not obliged to provide you with a refund if you have simply changed your mind.

You should also keep in mind that “no refund” signs are unlawful under the Australian Consumer Law. If a retailer states that refunds will not be offered on sale items or that credit notes are issued for returns of faulty good and refunds will not be provided, these signs are not valid under Australian law. 

Conclusion 

As an Australian consumer, it is a good idea to know your rights under the Australian Consumer Law. This is especially the case if you are shopping online and you are relying on the sales terms and conditions published on a website.  For more information on consumer guarantees, please visit the Australian Competition and Consumer Commission at: http://www.accc.gov.au/

To speak with a tech lawyer, contact LegalVision on 1300 544 755.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.
Ursula Hogben

Get a Free Quote Now

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • We will be in touch shortly with a quote. By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.

Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy