Trade practices act refunds and exchanges
Consumer guarantees apply to the replacement phone as if it were a new mobile phone. If a supplier cannot repair the goods for instance, because the supplier does not have the requisite parts or cannot do so within a reasonable time, the consumer can:.
The tailor who made the shirt could not supply matching buttons. The consumer is entitled to ask for a replacement or refund. You must fix the problem within a reasonable time. For example, a supplier would be expected to respond quickly to a request for a repair to an essential household item, such as a water heater. For goods used less often, such as a lawnmower, the reasonable time for repair would be longer.
You cannot reduce a refund when the consumer has brought the goods back without their original packaging. See When the consumer chooses a refund. Consumer guarantees will also apply to replacement goods.
See When the consumer chooses a replacement. If the consumer has no option but to take goods elsewhere for repair, they do not have to get your agreement or provide quotes. A reasonable cost would be within the normal range charged by repairers of such goods, and include:.
For example, the zip on a pair of trousers breaks after one week. The retailer tells the consumer the repair will take a month. The consumer explains he needs the trousers for work urgently but the retailer offers no other option. If the higher price is a normal price for a tailor not a dressmaker to fix the trousers, the retailer would have to reimburse the consumer.
A repairer of goods whether or not this is the supplier must notify the consumer of particular information before accepting the goods for repair. Consumers often buy goods linked to certain services. An example is a mobile telephone, often linked to a contract for network services. A consumer who has returned goods within a reasonable time and is entitled to a refund, may also cancel the linked service contract. They can do this when returning the goods, or within a reasonable time.
She rejects the modem because it turns out to be faulty but chooses to keep her internet connection. Alternatively, she could reject the faulty modem and cancel the connection.
A consumer who cancels a linked service contract is entitled to a refund or can refuse to pay for any services not yet received. You do not have to give a refund for any services the consumer has received up to the time they reject the related goods.
She receives only three editions in six months, so cancels the subscription and delivery. A consumer is not entitled to a remedy when you do not meet one of the consumer guarantees due to something:. Selling goods and services. Refunds, repairs and replacement. Specific industries and businesses. Who has to fix a problem with goods?
You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts. When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. You do not have to return products in the original packaging in order to get a refund.
An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated in an attempt to deter you from pursuing your claims. The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer.
You cannot demand a repair, replacement or refund from the manufacturer. Who to claim a remedy from. It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales. Skip to Content Skip to Sitemap. Repair, replace, refund If a product or service you buy fails to meet a consumer guarantee , you have the right to ask for a repair, replacement or refund under the Australian Consumer Law.
Repair, replacement or refund Repairs Replacements and refunds What is a major problem?