Every time you purchase a product such as a mobile phone, you are automatically given certain rights. These rights are known as consumer guarantees.
When you have a problem with your mobile phone and one of the guarantees has not been met, you are entitled to a remedy. The type of remedy depends on the circumstances but may include a repair, replacement or a refund.
The consumer guarantees only apply to mobile phones purchased after 1 January 2011. Purchases made before this time may be covered by the laws that applied before 1 January 2011.
For further information see our page on Goods and services bought before 1 January 2011.
Consumer guarantees and mobile phones
When you buy a mobile phone the supplier and manufacturer provide a range of guarantees including:
the phone will be of acceptable quality - safe, durable and free from defects, acceptable in appearance and finish and perform as expected
the phone will be fit for the purpose you made known to the supplier
the phone will match its description and display model
any express warranties will be honoured
spare parts and repair facilities will be available for a reasonable time
When am I entitled to a remedy?
If your mobile phone fails to meet a consumer guarantee, you will be entitled to a remedy. Depending upon the circumstances, this may be a replacement, repair, or refund.
You may not be entitled to a remedy if you:
simply change your mind or decide you do not like your phone
damage or use your phone in an unreasonable or unintended manner
discover you can buy the phone on a cheaper plan (unless the seller guarantees that the goods cannot be purchased more cheaply elsewhere)
did not rely upon the seller’s advice that the phone was not suitable for your requirements
You do not have go to the manufacturer for a remedy unless you purchased the goods directly from them.
Can I choose the remedy I want?
The law makes an important distinction between minor failures to comply with the consumer guarantees and major failures.
Your remedy options depend on whether the problem with your good is:
a major failure, or
a minor failure.
For minor problems
Minor failures to comply with a consumer guarantee can normally be fixed or resolved in a reasonable amount of time.
In this case, the seller can choose to offer you a refund, replacement or repair. This must be provided free of charge and within a reasonable time depending on the circumstances.
If the seller refuses to fix the problem or takes too long, you may be able to get it fixed by someone else and recover the costs from the seller.
You cannot immediately reject the phone and demand a refund - you must give the supplier a chance to fix the problem.
For major problems
If there is a major failure to comply with a consumer guarantee in relation to your phone, you can:
reject it and get a refund
reject it and get an identical replacement, or one of similar value if reasonably available, or
keep the phone and get compensation for the drop in value caused by the problem.
You get to choose, not the supplier or manufacturer.
When your mobile phone is linked to a service contract
Mobile phones are commonly purchased under a contract for service for a fixed period. Sometimes a problem develops with only one part of the package—that is, the phone or the service.
In general if there is a major problem with the mobile phone and you choose to return the phone and get a refund, you have the right to cancel any services that were provided in connection with the phone. When you cancel a linked service contract, you may also be entitled to a refund for any services that you have not yet received.
However phone contracts are often complex and there are many different types of arrangements between you and the service provider. Whether the services can be cancelled when the phone is rejected (or vice versa) may depend on the circumstances of the contract.
How long do my rights last?
Your consumer rights are not limited to a set time period. Instead, they apply for the amount of time that is reasonable to expect given the cost and quality of the item.
It may be reasonable to expect that a phone supplied on a two-year contract should remain free of defects for that period.
Need help?
If you have a problem with your mobile phone – see the ACCC’s how to complain page for guidance.
If you are unable to resolve your complaint directly, you can contact the ACCC or your local consumer protection agency for more information on your consumer rights and options. Your local office may also be able to conciliate (help you negotiate with the professional).
If you have problems with the service connected to your mobile phone you can contact the Telecommunications Industry Ombudsman (TIO). The TIO is a free, independent dispute handling body.
