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Problems with your mobile phone handset

You have rights that apply to all your purchases, including mobile phone handsets. If your phone handset does not do what it is supposed to do or does not meet a level of quality and performance appropriate to the phone's price, then your rights as a consumer may not have been met.

While the law is not designed to protect you if you are careless or simply change your mind, if there is a genuine problem with your phone that was not caused by you, then you may be entitled to seek a refund or replacement phone, even if your phone is out of contract.

The following list can be used to help you decide if you have a genuine reason to seek a refund:

  • you followed the manufacturer's usage instructions
  • the fault was not caused by something you did (for example, you did not drop or misuse the handset), and the fault reduces performance
  • the performance falls well short of what you were led to expect
  • the problems could not have been expected given the phone's quality, age and price.

Many retailers or manufacturers may offer to repair, replace or exchange the phone. These offers could be worth considering. They do not affect your statutory rights— you may still be entitled to seek a refund.

Our fact sheet, Your consumer rights: mobile phone handsets, is designed to help you understand your rights and help you decide what you can do about a phone that may not be working as well as it should. See the key publications box on this page to download the fact sheet or order a copy from our Infocentre.  

Related topics on the ACCC website

Warranties, guarantees & refunds in For consumers
How to complain in Making a complaint

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