Right to Refund, Repair, or Replacement
Written in plain language for general understanding. This is educational content, not legal advice. Based on Commonwealth Acts of Parliament, federal regulations, and official government guidance.
Australian Federal Law
What is this right?
When a product fails to meet a consumer guarantee, you have the right to a remedy. The remedy you can demand depends on whether the failure is major or minor:
- Major failure: A reasonable consumer would not have bought the product if they knew about the problem. The product is significantly different from its description, substantially unfit for purpose, unsafe, or cannot be easily fixed. For a major failure, you choose whether to get a refund, replacement, or compensation.
- Minor failure: The problem can be fixed within a reasonable time. The seller can choose to repair the product. If they fail to repair it in a reasonable time, you can get a refund or replacement.
- No time limit on guarantees: Consumer guarantees are not limited to a set number of days. They last for as long as is reasonable given the product’s price, quality, and type. A $2,000 fridge, for example, should last significantly longer than a $20 toaster.
Sellers cannot charge you for shipping costs when returning a faulty product. For large items, the seller must arrange and pay for collection.
When does it apply?
- A product you bought as a consumer fails to meet one or more consumer guarantees (quality, fitness for purpose, matching description, etc.).
- The failure was not caused by misuse, accident, or normal wear and tear on your part.
- Applies even if the manufacturer’s warranty has expired — consumer guarantees can outlast warranties.
What should you do?
- Determine whether the failure is major or minor — this decides who chooses the remedy.
- For a major failure, tell the seller you want a refund or replacement — the choice is yours, not theirs.
- Put your request in writing and keep copies of receipts, photos, and correspondence.
- If the seller refuses, contact your state or territory fair trading office or lodge a complaint with the ACCC.
What should you NOT do?
- Don’t accept a store credit if you want a refund for a major failure — you are entitled to your money back.
- Don’t pay for return shipping on faulty goods — the seller covers that cost.
- Don’t assume the warranty period is all you get — consumer guarantees can extend well beyond the stated warranty.
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