The end of year period is a time when we’re often buying more new things than usual. Whether it’s Christmas presents or Boxing Day bargains, buying up big always comes with a risk of spending money on a dud product.
So what do you do if you find yourself with a product that’s just not right?
It’s worth refreshing your memory on your rights to a refund. Luckily, the Australian Consumer Law provides a range of consumer protections against dud products.
Can I get a refund for a faulty product?
If you buy or receive a product that doesn’t do what it’s supposed to or isn’t of acceptable quality, you can take it back to the retailer and ask for a remedy, such as a repair, replacement or refund.
Consumer guarantees apply whether or not you bought a product on sale, so don’t be put off by ‘no refunds’ signs. (They’re illegal anyway.)
But whether or not you can get a refund depends on whether the fault is major or minor.
Before you go into the store, make sure you know your rights under the Australian Consumer Law.
Go into the store armed with the relevant information from the Australian Consumer Law. (Our article on what to do with a faulty product is a great resource.) If you have the information on hand, you can whip it out at the first sign of a retailer trying to shirk their obligations.
Know what you need and what you don’t
If an item is faulty, you don’t need to return it in its original packaging (despite what retailers might try to tell you). You don’t throw your refund rights away with the box.
You don’t necessarily need a receipt, either – proof of purchase is enough.
Don’t let them fob you off
Don’t let retailers fob you off to the manufacturer – they need to offer you a remedy if they sold you a faulty product.
Ask for the manager
Casual staff may not have a thorough grasp of the Australian Consumer Law. If you’re having trouble getting a refund for a faulty product, ask to speak to someone more senior.
Know how to complain
If you’re not getting anywhere, it’s time to complain.
you wouldn’t have purchased it had you known about the problem
it’s significantly different from the description, sample or demonstration you were shown
it’s substantially unfit for its normal purpose
it’s unsafe.
For products with major failures you can decide whether you want a refund or an identical replacement.
What is a minor failure?
Minor failures include small problems with products that don’t fit into the major failure categories (for example, loose threads on clothing).
For items with minor failures the seller may choose to offer you a refund, replacement or repair. This must be provided free of charge and within a reasonable time period.
If it is a minor failure you can’t immediately reject the goods and demand a refund; you must give the supplier a chance to fix the problem.
Do I need the receipt to get a refund?
Not necessarily – although you’ll need some sort of proof of purchase.
You can use the following as proof of purchase:
the receipt (if the gift giver still has it)
a credit card statement that itemises the goods
a confirmation or receipt number from a phone or internet transaction
a warranty card showing the date, price and place of purchase
the serial or production number if it’s stored on the retailer’s computer.
Does the product need to be in the original packaging?
This depends on whether the product is faulty or if it’s a change-of-mind return.
For faulty products, you don’t need to return the product in its original packaging.
For change-of-mind returns, you may need to return the product in its original packaging because the retailer may want to re-sell it. If there’s a chance you’ll change your mind, keep the original packaging and any tags, plus proof of purchase.
Do I need a warranty?
Even if the warranty period has passed, you may still be entitled to a remedy if a product doesn’t live up to expectations.
Regardless of lapsed warranties, the ACL’s consumer guarantees require a product to be of “acceptable quality” throughout its reasonable life.
This length of time can be determined by the court; however, it may often be longer than the warranty period, especially in the case of an expensive product such as electronics or whitegoods.
Alice Richard is a Content creator and marketer. Alice writes on a range of topics, from health insurance to heaters and BBQs to bargain-hunting, always with the aim to help consumers find the best products to buy, and which to avoid.
Alice can take vast amounts of data from CHOICE product tests and turn it into content that is easily digestible and fun for readers.
Alice has a Bachelor of Arts from the University of Queensland. LinkedIn
Alice Richard is a Content creator and marketer. Alice writes on a range of topics, from health insurance to heaters and BBQs to bargain-hunting, always with the aim to help consumers find the best products to buy, and which to avoid.
Alice can take vast amounts of data from CHOICE product tests and turn it into content that is easily digestible and fun for readers.
Alice has a Bachelor of Arts from the University of Queensland. LinkedIn
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