It is illegal for overseas online businesses to sell products that fail to meet Australian mandatory safety standards. For details on products covered see the Product Safety Australia website. You should not buy any products that appear to fail safety standards and immediately report the business to the ACCC.
Products and services from overseas online businesses
For other problems with products bought from overseas online businesses, you may not be covered by the consumer guarantees and may have difficulties tracking businesses down to get a repair, replacement or refund.
Will you automatically get a repair, replacement or refund?
No. You will need to contact the business, show proof of purchase, such as a receipt, bank statement, warranty card or lay-by statement and work out whether there is a major problem with the product or service.
If the problem is not major, the business can choose whether to offer to repair, replace or refund the product or fix the problem with the service.
If the business chooses to repair the product or fix the problem with the service, it must do so within a reasonable time. If not, you will have the right to choose a replacement or refund for a product and compensation (for the drop in value below the price paid) or refund for a service.
For a major problem with a product, you have the right to choose whether a business will give you a replacement or refund.
For a major problem with a service, you can choose compensation for the drop in value below the price paid, or a refund.
If you suffer costs or losses because a supplier has failed to ensure goods or services meet a consumer guarantee, you may be able to claim compensation. This could include compensation to pay for damage caused by a product, and inspection and transportation costs related to fixing the damage.
For example, if your washing machine breaks down due to a fault andcauses water damage to the carpet, you have the right to ask for a repair, replacement or refund for the washing machine and compensation for the carpet.
Businesses often sell related goods and services together as a package. Sometimes a problem develops with one part of the package — the product or service.
If you return goods due to a major problem, you have the right to cancel any services that they were provided with.
If you cancel a contract for unsatisfactory services, you must return any goods connected with the service—even if there is no problem with the goods.
If you have paid any money for the goods, the business must give you a refund.
It is your responsibility to return the goods, unless this would involve a significant cost. In such cases the business is responsible for collecting the goods.
No. You can use your rights even if the product or service has:
a voluntary warranty
an extended warranty you’ve paid for
any warranty that has expired.
These additional warranties do not override or limit consumer guarantees. Businesses must provide guarantees and cannot avoid or ignore them by sending you to the manufacturer to get them to fix the problem under a voluntary warranty.
Is there a time limit on when you can use your rights?
There are no specific rules about exactly how long a product or service should last. Even after a voluntary or manufacturer’s warranty expires you may still be entitled to a repair, replacement or refund. This will depend on what you purchased and the nature of the problem.
There is no law stating that businesses have to give you a refund because you’ve changed your mind, although, some businesses offer this as an extra service.
You automatically receive certain guarantees when you buy, hire or lease goods. If something goes wrong – one of the consumer guarantees is not met - the law gives you rights to insist the seller fixes things.
You automatically receive certain guarantees when you buy or contract for services. If something goes wrong – one of the consumer guarantees is not met - the law gives you rights to insist the service provider fixes things.
A warranty is a voluntary promise offered by the person or business who sold the goods or provided the service. You have consumer guarantees regardless of any warranty you purchase or are given.
Consumer guarantees apply to goods and services bought on or after 1 January 2011. For goods or services bought before this time, you have rights under the laws that existed at the time you made the purchase.
