Rights to a repair, replacement, refund, cancellation or compensation

Under Australian Consumer Law, most products and services bought in Australia after 1 January 2011 come with  automatic consumer guarantees that the product or service you purchased will:

• be of acceptable quality 
• be fit for a particular purpose
• match the description or sample or demonstration model.

If a product or service does not meet the consumer guarantees, you are entitled to:

• a repair, or
• a replacement, or
• a refund.

You may:

• cancel the service, and
• in some cases, claim reimbursement for damages and loss.

When you are entitled to a repair, replacement or refund

Personal or household use

Products and services that are normally brought for personal or household use are covered by consumer guarantees. 

If your purchase does not meet the consumer guarantees, you are entitled to a repair, replacement or refund.

Products must:

• be of acceptable quality
• match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising
• match any demonstration model or sample you asked for
• be fit for the purpose the business told you it would be fit for
• come with full title and ownership
• not carry any hidden debts or extra charges
• meet any extra promises made about performance, condition and quality, such as lifetime guarantees, and money back offers
• have spare parts and repair facilities available for a reasonable time after purchase unless you were told otherwise.

Services must be:

• provided with acceptable care and skill or technical knowledge
• fit for purpose or give the results that you and the supplier agreed to
• delivered within a reasonable time when there is no agreed end date.

A business has the right to assess the product or service before they provide a remedy.

Gifts

Consumers who receive a product or service as a gift are entitled to the same automatic consumer guarantees as if they had bought the product or service themselves.

When you are not entitled to a repair, replacement or refund for a purchase

Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:

• purely for business use worth more than $100,000, such as machinery or farming equipment
• bought at auction where the auctioneer acted as an agent for the owner, but you do have rights to full title, undisturbed possession and no unknown debts or extra charges
• that are one-off private sales where the seller is not running a business or is an individual selling through online marketplaces such as Gumtree or Facebook Marketplace.

A business can refuse to give you a free repair, replacement or refund if:

• you simply changed your mind
• you misused the product or service in a way that contributed to the problem
• you asked for a service to be done in a certain way against the advice of the business, or were unclear about what you wanted
• a problem with a service was completely outside of the control of the business.

When a business must give you a repair notice

Under Australian Consumer Law, businesses who repair goods must provide consumers with repair notices when the goods being repaired can retain user-generated data, such as:

• mobile phones
• computers
• portable music players
• other similar electronic goods.

Repair notices can also be provided if it’s the repairer’s practice to:

• supply refurbished goods rather than repair defective goods, or
• to use refurbished parts in the repair of defective goods.

Refurbished or reconditioned goods are second-hand goods which have generally been inspected and had minor repairs or part replacement to return them to full working order.

The consumer must receive the repair notice in writing before the goods are accepted by the business for repair. 

Financial products

Consumer guarantees in the Australian Consumer Law do not apply to financial products such as insurance, as these are covered by other laws.

Products from overseas businesses

When an overseas business sells products directly to consumers in Australia, the business must follow the Australian Consumer Law, including the consumer guarantees. In practice it can be difficult to get a repair, replacement or refund from an overseas business if there is a problem with the product or service and the help Australian consumer protection agencies can provide is limited. If you cannot resolve a problem with an overseas business, you should ask the consumer protection agency where the seller is based if it can help you. Find out more on the ACCC website.

Services to transport or store business goods

Services to transport or store goods for business purposes are not covered by consumer guarantees.

Engineering and architect services

The fit for purpose consumer guarantee does not apply to professional services provided by a qualified architect or engineer.

Making a complaint

When making a complaint, you should include:

• details of the issues you are experiencing
• copies of any correspondence that shows how you have tried to resolve the matter.

How NSW Fair Trading will handle your complaint 

Your complaint will be reviewed to determine the most appropriate resolution. This may include:

• providing you with information to help resolve your complaint
• recording the complaint issues to assist in future compliance programs, or
• contacting the other party to try and resolve the dispute.

You can lodge a complaint: 

Online

If you cannot resolve your matter, submit your complaint by using our form.

Make a complaint

By mail

Post your complaint form and documentation to: 

NSW Fair Trading

PO Box 972 

Parramatta NSW 2124 

Ask a question 

If you are unable to find the information you need, you can call us between 8:30am to 5pm on Monday to Friday. You can also use our form to make an enquiry. 

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