Know your rights: How to get a refund on a dodgy product

Every time we buy something–whether that’s a product or service–it comes with what’s known as consumer guarantees, which are enshrined in Australian Consumer Law.

These are rights that can’t typically be waived by fine print, and while there are exceptions to this rule, most products bought after 1 January, 2011 are covered.

We’ve all got a story to tell, for better or for worse, where we paid for something that just wasn’t up to scratch, but it’s what we do next that matters, and the first step is to know what your basic rights are.

1. It must be of an acceptable quality. A toy that’s broken from the get-go, a pair of shoes with a big mark on them–they’re unlikely to be what any of us would call acceptable quality.
2. Should match the description. So if you order cotton tea towels and you get polyester ones–that’s not a match.
3. Must be fit for purpose. It should work or perform as promised.

These are the main guarantees, but there are others. For example, a manufacturer must provide spare parts and repair facilities for a reasonable time after purchase.

The case of the rotten apples. Can you return perishables?

Absolutely, provided there’s a problem with them.

Supermarkets generally have policies in place to cover poor-quality products, which includes fruit and vegetables if they are not of a satisfactory quality or they aren’t ‘fit for purpose’.

The key is to take it back to the store with the receipt as soon as you can. Go to the customer service desk and they’ll usually process a refund or let you pick a replacement.

Just know that you can’t return a rockmelon because you realise you don’t like the taste of it, nor can you drop a bag of apples out of your boot, watch them roll down the hill, then take them back to the store.

Who is responsible for solving the issue and how?

If you’re returning a faulty item, the responsibility lies with the store you bought it from, not the manufacturer, and don’t let them tell you otherwise. Instead, politely but firmly remind them of their obligations.

The only exception to this is where the problem with the product is that spare parts or repair facilities are not available a reasonable time after purchase. In this situation, the business that sold you the product can direct you to contact the manufacturer instead.

Also, remember issues due to faulty parts are not the same as a general return; you don’t need the original packaging to get a refund. A store cannot legally refuse a faulty item because the box is missing.

The solution will depend on what the item is and how serious the problem is but it’s typically either a repair, replacement or refund.

If we’re talking about a minor problem, say it’s a tear in a jacket you’ve bought, then the shop can decide whether to repair, replace or refund the item.

If we’re talking about a major problem, say a product is unsafe, the power is in your hands and you get to choose whether you want a refund or a replacement.

There are exceptions, and it needs to be within reason of course. If you bought a dress at a discount because the zipper was broken, you can return it, but not to get the zipper fixed. And if the problem was because you ignored the instructions and broke it, then it would not be covered.

Your refund game plan

Navigating a refund can feel daunting, but remember, as a customer, you have rights. Arm yourself with a few facts and some evidence so you can confidently stand your ground.

1.  Think about what’s wrong with the product and why you want a refund. See where it fits into the consumer guarantees. You can jump on to the ACCC website–it’s got some great information but also a ‘problem solver’, which can help you work out whether you’ve got a leg to stand on.
2. Gather evidence. Get your receipt and take photos or a video of the problem as soon as you can.
3. Approach the store either in person or by contacting them by phone or email. Email is often better because then you have a record of the conversation.

If the store doesn’t resolve the problem, there are more steps you can take such as contacting your state or territory consumer protection agency such as NSW Fair Trading or Consumer Affairs Victoria (CAV), or Office of Fair Trading Queensland.

Or if it’s in relation to a particular service, there might be an industry-specific ombudsman.

You can and should also make a report to the ACCC but know you’re unlikely to get the watchdog resolving your specific case about one shoe that arrived in the post without a heel. They might use your report to inform their compliance work.

And finally, there are legal advice centres you can talk to, because, if the issue is big enough, you might find you can and want to take your complaint to your local small claims tribunal.

Do consumer guarantees apply when buying from stores overseas?

Overseas businesses selling products to people in Australia must follow our consumer guarantees, however, if you’re dealing with a shonky business located overseas, it can sometimes be next to impossible to get a refund, let alone a reply.

Unfortunately, in these cases, Australian authorities can’t do much to help. However, you can contact the consumer protection agency where the business is based or you can make a complaint through www.econsumer.gov, which partners with dozens of consumer protection agencies around the world.

It’s also important to do your due diligence on the store you are buying from:

1. Check the website’s URL.
2. Check the store’s contact details. If a store doesn’t have a physical address or a phone number, treat this as a reg flag.
3. Check reviews on independent sites.
4. Trust your head not your heart. If a deal seems too good to be true, well, it probably is.

If you’re required to return the item, who pays for the postage?

You are responsible for returning products that are easy to post, but, if the business finds there is a problem with the product, they have to repay you the return fees.

If the item is large or bulky, the company might have to pay for the return. The ACCC says that’s things like big-screen TVs and beds

The ACCC says: “If the business finds that the product does not have a problem, it can make the consumer pay the collection and inspection costs. To do this, the business must give the consumer a reasonable estimate of these costs before collecting the product.”

What about private sales?

If you’ve bought something from someone through a site like Facebook Marketplace, things are different.

Unfortunately, consumer guarantees don’t apply to one-off sales between two people, where the person selling the item isn’t running a business. That’s things like sales on Facebook Marketplace, Gumtree or classifieds.

What about financial products and services?

Consumer guarantees do not apply to mortgage or insurance products, as they are covered by other laws, such as the National Consumer Credit Protection Act and Australian Credit Law. Most financial service providers also have to be a member of the Australian Financial Complaints Authority (AFCA). If you make a complaint to AFCA, it will see if the provider has tried to resolve the issue directly with you, but if this doesn’t work, it will use more formal methods to progress the complaint.

Know your rights to save your money

While it can be tempting to write off a faulty purchase to avoid a potentially difficult conversation, it’s worth remembering that Australian Consumer Law is on your side. Understanding your basic rights is the first and most important step. It gives you the confidence to stand your ground and ask for a repair, replacement, or refund when a product or service doesn’t meet the mark.