Australian Competition and Consumer Commission chairman Rod Sims is strongly urging consumers to understand their shopping rights this Christmas period, and to use them if the products or services they purchase are faulty or not as described.

“Whether you buy in-store or online, there are minimum standards that retailers must meet,” ACCC Chairman Rod Sims said.

The Australian Consumer Law (ACL) means that there is a national set of laws in regards to consumer rights. 

“Whether you bought it in Dandenong or Darwin, retailers must provide a minimum guarantee that the product is fit for purpose,” Mr Sims said.

“If it doesn’t do what it says on the box, or what the salesperson told you it would do, the law allows you to have it repaired, replaced or refunded.”

Two areas that often cause confusion to consumers are their rights when shopping online and in regards to warranties.

By law products must also match their advertised description. This applies to online products and services too.

“Particularly online, where you can’t touch or examine the product you are buying, it is important to know that retailers must match their advertised descriptions,” Mr Sims said.

Many retailers and manufacturers offer additional or extended warranties.

“Shoppers should realise they may have a right to a repair, replacement or refund beyond the time period of the manufacturer’s warranty.

While some extended warranties may offer protection over and above that provided by the Australian Consumer Law, they do not replace the underlying guarantees.

The Consumer Guarantees provided by the Australian Consumer Law require that goods and services:

  • be of acceptable quality
  • be fit for purpose
  • match the description
  • match any sample or demonstration model; and
  • must meet any extra promises made by the supplier.

If a product that you have purchased is faulty, fails to meet the advertised description or is not fit for purpose consumers are advised to contact the business and explain the problem clearly and calmly and state that you want them to fix the problem.

If the business refuses to fix your problem, ask to speak to the manager or write a complaint letter. If the business still refuses to help, contact the ACCC or your local consumer protection agency for assistance.