When you buy goods or services from a trader, you are entering into a contract. Before you do, make sure you understand what you are agreeing to.

What is a contract?

A contract is an agreement made between two or more parties that is legally enforceable. A contract arises when one party makes an offer and the other party communicates an intention to accept it. Contracts can be in writing or made verbally. You could be entering a contract by:

signing a document
selecting a product in a shop and paying for it at the check-out counter
clicking on an 'I agree' button on a web page.

It is also unlawful for traders to act force or coerce you into entering a contract. For more information, contact the ACCC.

Terms and conditions

Contract terms and conditions set out the rights and responsibilities of each party to the contract. You should make sure you read and understand the terms and conditions of a contract before you accept it.

If you do not think the contract will meet your needs, try to negotiate with the business and ask for the terms and conditions to be amended. If you are still unhappy with contract offered to you by the business, shop around for an arrangement that better suits your needs.

Disclaimers

Traders may use disclaimers in their advertising (such as 'conditions apply' or asterisks) to qualify their offers as long as they are specific, clear, and highly visible. It is unlawful for traders to engage in misleading or deceptive conduct, including in advertising.

Cooling-off periods

A 'cooling-off' period is a safeguard designed to give you the opportunity to change your mind about a purchase or agreement that you have made.

You have a right to a cooling-off period when you purchase goods or services through door-to-door sales and telemarketing. Check out the ACCC’s unsolicited supplies webpage for more information.

Unfair contract terms

There are laws protecting you from unfair terms in standard form consumer contracts. The laws offer you increased protection in circumstances where you have little or no opportunity to negotiate with the trader. For more information, see the ACCC’s unfair contract terms webpage.

More information

For more information on your consumer rights and options, contact the ACCC or your local consumer protection agency. Your local agency may also be able to conciliate (help you negotiate with the trader).