Consumer rights when buying a product
Before buying something from overseas or a private seller, make sure you are aware of your consumer rights.
Under Australian Consumer Law, most products or 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.
Proof of purchase and documentation
You have the right to receive proof of purchase.
Businesses must give you a receipt for goods or services valued at $75 or more. You can ask for a receipt for a transaction under $75 and the business must give it to you within 7 days.
If the service has a warranty, it will give you some extra protection against faults or defects. Warranties generally have terms and conditions attached and it’s your responsibility to be aware of these.
Buying from an Australian business
When you buy products or services from an Australian business you are protected by Australian Consumer Law. It does not matter whether you shopped in-store, online, via a mailed catalogue or television infomercial.
The law provides you with automatic consumer guarantees. Businesses must provide these automatic guarantees regardless of any other warranties they give or sell you.
Buying from an overseas business
Australian Consumer Law applies to anyone conducting business within Australia, including overseas businesses. Overseas businesses must comply with the consumer protections in their own country and also have refunds and returns policy with additional rights. It’s a good idea to check their policy before a purchase. You should be aware that if a business is overseas, you may have difficulties with:
- warranties
- refunds
- replacement or repair if the goods you receive are defective.
Make sure you can get any repairs done before buying an overseas product.
Buying from a private seller
Australian Consumer Law does not apply when you buy from a private seller, for example, buying a secondhand item from an individual on eBay, because they are not acting in trade or commerce like a normal retailer.
When you buy from a private seller, it is called a consumer-to-consumer transaction and contract law applies. However, you still have the right to expect the title on the goods - full ownership - after purchase and that it is free from any security or charge on it, unless told otherwise before the sale.
We recommend seeking independent legal advice if you have a problem with a consumer-to-consumer transaction.
Making a complaint
Complaints about overseas purchases
If the matter is in relation to a purchase from an overseas business and is unresolved, you can make a complaint through www.econsumer.gov.
Econsumer.gov is an initiative to the International Consumer Protection and Enforcement Network and is a partnership of more than 35 consumer protection agencies around the world.
If you cannot resolve your matter, submit your complaint by using our form.
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.