The problem solver can help you understand the consumer rights for your specific purchase. Select the Next button to start.

For information on your rights when buying a product or service, see Consumer rights and guarantees.

When you have a problem with a product or service you bought and need to know the remedies available to you, see Repair, replace, refund, cancel.

These rights don't apply to you

In this case your rights are covered by laws for goods and services bought before 1 January 2011.

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These rights don't apply to you

You only generally have rights to repair, replace or refund when you buy goods or services from a business outside of an auction. Also, these rights generally don’t apply to one-off sales between 2 people where the seller isn’t running a business.

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These rights don’t apply to you

For further information about your rights you may wish to talk to your legal advisor.

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These rights don't apply to you

Rights to repair, replace or refund under the Australian Consumer Law don’t apply to these services. Check with any relevant industry association, or seek legal advice, to see whether other laws, professional standards or codes of conduct apply.

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No problems that fall under the consumer guarantees

The good or service does not have a problem that means you can use your rights, so the business does not need to give you a repair, replacement, refund or cancellation.

To find out more about your rights see Consumer rights and guarantees.

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You have the right to a repair, replacement or full refund if your goods are faulty, unsafe, do not work, or are very different from the description or sample. You have the right to the problem being fixed, a cancellation and partial or full refund, or compensation, if the services you received are not right.

Businesses can use these rights too in many cases. Which remedy, and who gets to pick, depends on the problem. You still have these rights, even if the goods or services come with a warranty against defects.

This problem solver provides information about when you can use your rights for products or services you have bought. This information is for general guidance only and should not be relied on as legal advice.

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Did you buy the goods or services from a business on or after 1 January 2011?

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Did you buy the goods or services from a traditional auction, where the auctioneer acted as the agent for the person selling the goods?

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Did you buy the goods or services from a private seller, such as a garage sale or fete, or through an online marketplace, like Gumtree or Facebook Marketplace?

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Did you buy goods or services?

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Did you buy the goods to be resold and/or transformed to be sold?

Transformed means to convert or change goods through:

  • a process of production or manufacture
  • repairing or treating other goods.
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Did you get professional services from a qualified architect or engineer?

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Did the goods cost less than $100,000 (including GST)?

 

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Are the goods of acceptable quality?

  • Are they safe, durable and free from defects?
  • Do they have an acceptable appearance and finish?
  • Do they work as they would normally be expected to?

Example

You bought a TV six months ago and now it won't turn on. A reasonable consumer would expect the TV to still work after six months, so this is the time to use your rights.

Exception

If you caused the problem with the TV by misusing it or failing to take reasonable steps to prevent the problem, you do not have the right to a repair, replacement or refund.

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Are the goods of a type usually bought for domestic, household or personal use?

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Are the goods fit for any purpose you discussed with the salesperson before making the sale?

Example

You went to a furniture store to purchase a bookcase capable of holding heavy appliances. You explained to the sales assistant that each shelf needs to hold at least 30kg. The sales assistant recommends a particular model.

You find the bookcase breaks after a few months because each shelf can only hold 10kg. This bookshelf is not fit for the specified purpose and you can go back to the business and use your rights.

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Go back to the business and ask them to fix the problem.

Fixing the problem might involve a repair, replacement, or refund. If it is a major problem you can choose. This is when the product:
  • is unsafe
  • is very different from the description or sample
  • has either one serious problem or several smaller problems that would stop someone buying the product if they knew about them beforehand
  • can’t be used for its normal purpose, or another purpose the consumer told the seller about before they bought it, and can’t easily be fixed within a reasonable time.

See Repair, replace, refund, cancel for more information.

If the business refuses to do anything about it, consider asking to speak to the manager or making your complaint to the business in writing by an email or letter.

For help on how to contact a business about a consumer problem, and how to write a complaint, see Contacting a business to fix a problem.

If direct contact with the business fails, you may wish to:

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Do the goods match the description?

Any description of the goods must be accurate, including verbal statements made by the sales representative and information on packaging or labels.

Example

You bought a new set of blue towels online using the colour chart available on the website. When the towels arrive, you find that they are red. The towels don’t match the description.

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Do the goods match any sample or demonstration model?

Example

You did a test drive of a new car. You decide to buy a car which is the same one as the demonstration model. When the new car is delivered, you find that the new car has a lesser engine capacity than the demonstration model. The car doesn’t match the demonstration model shown, so you can go back to the seller and use your rights.

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Is the seller honouring any extra promises they made about the goods?

Example

You bought a desk chair and were told by the sales assistant that it will hold up to 100kg. If the desk chair does not hold 100kg and breaks, the business has not honoured this promise, so you can go back to the business and use your rights.

Extra promises a business (supplier or manufacturer) may make about things such as the quality, state, condition, performance or characteristics of goods are called ‘express warranties’. This is different to a warranty against defects, which may also be known as a voluntary, manufacturer or extended warranty. For more information about the operation of warranties, see Warranties.

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Are the goods a commercial road vehicle or trailer used mainly to transport goods?

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Did the services cost less than $100,000 (including GST)?

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Have the services been carried out with an acceptable level of care, skill and/or technical knowledge?

Their work must be at least as good as what a competent service provider with average skills and experience would provide.

Example

You go to a hairdresser and ask for a cut and colour. The hairdresser accidentally uses peroxide instead of the colour you asked for and bleaches your hair. In this case the hairdresser has not used care and skill when colouring your hair and you can use your rights.

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Are the services of a kind usually bought for domestic, household or personal use?

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Do the services meet the purpose or give the result that you made known to the service provider, or that the service provider said would meet a particular purpose or achieve a particular result, before they agreed to carry out the service?

Example

You ask a carpenter to build a fence to cover the whole front of your house, which is 10 metres long and 3 metres high. The fence that is built is only 2 metres high and does not cover the whole house frontage. The service isn’t fit for purpose and you can use your rights.

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Go back to the business and ask them to fix the problem

This may involve fixing the problem, cancelling the contract and giving you a partial or full refund, or keeping the contract but paying a lower price that takes the problem into account. If it is a major problem or can’t be fixed within a reasonable time you can choose. This is when the service:

  • creates an unsafe situation
  • has either one serious problem or several smaller problems that would stop someone buying the service if they knew about them beforehand
  • can’t be used for its normal purpose, or for a specific purpose that the consumer told the seller about, or doesn’t achieve a specific result that the consumer told the seller about, and can’t easily be fixed within a Repair, replace, refund, cancel for more information.

If the business refuses to do anything about it, consider asking to speak to the manager or making your complaint to the business in writing by an email or letter.

For help on how to contact a business about a consumer problem, and how to write a complaint, see Contacting a business to fix a problem page.

If direct contact with the business fails, you may wish to:

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If the contract does not specify a time frame for the services to be completed, have the services been completed within a reasonable time?

Example

A plumber agrees to fix your leaking pipes. You do not discuss how long it will take to complete the repairs. The plumber starts the repairs but then does not come back to your house for over a fortnight. In this case, the repairs were not completed within a reasonable time and you can use your rights.

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