If a shop has turned you away, saying it can't help you with your faulty product, go back and utter the magic words "Australian Consumer Law" and exercise your rights.
With Christmas and Boxing Day sales now behind us, the Australian Competition and Consumer Commission is reminding shoppers of their automatic guarantee rights that a product will work for a reasonable amount of time under the ACL.
More National News Videos
- Video duration
- 01:40
Do you know your consumer rights?
Do you know your consumer rights?
In this video, the ACCC explains what your consumer rights are.
Up Next
Government's robo debt recovery
- Video duration
- 01:57
- Video duration
- 01:57
Government's robo debt recovery
Government's robo debt recovery
The machine relied on by the government to recover welfare overpayments has actually misapplied the law. The Age's Economics Editor Peter Martin explains.
Up Next
People are suicidal: Wilkie
- Video duration
- 01:49
- Video duration
- 01:49
People are suicidal: Wilkie
People are suicidal: Wilkie
Letters are being wrongly sent by Centrelink to people saying they owe the Government money and it's so frightening to some, they're even suicidal according to Independent MP Andrew Wilkie. Courtesy ABC News 24.
Up Next
Cystic fibrosis drug stalled by price talks
- Video duration
- 01:56
- Video duration
- 01:56
Cystic fibrosis drug stalled by price ...
Cystic fibrosis drug stalled by price talks
30 Australian children with cystic fibrosis are unable to access a 'game-changing' drug due to stalled negotiations between the government and an American drug company.
Up Next
Abbott not helpful: Joyce
- Video duration
- 01:00
- Video duration
- 01:00
Abbott not helpful: Joyce
Abbott not helpful: Joyce
The former PM's recent comments including advice to Coalition colleagues isn't doing the party any favours according to the Deputy PM. Courtesy ABC.
Up Next
Earthquake felt in Sydney
- Video duration
- 00:28
- Video duration
- 00:28
Earthquake felt in Sydney
Earthquake felt in Sydney
A 3.9 magnitude tremor was felt in south west Sydney. Vision: Seven News
Up Next
New citizenship test
- Video duration
- 01:28
- Video duration
- 01:28
New citizenship test
New citizenship test
Australia should consider changing the citizenship test to focus more on values such as working and educating children, rather than being so trivia based, according to the Immigration Minister.
Up Next
English dancer found dead in Melbourne strip club
- Video duration
- 00:37
- Video duration
- 00:37
English dancer found dead in Melbourne ...
English dancer found dead in Melbourne strip club
The body of Stacey Tierney was discovered at Dreams Gentlemen's Club in Melbourne’s CBD.
Do you know your consumer rights?
In this video, the ACCC explains what your consumer rights are.
The commission said it received more than 20,000 complaints from shoppers who had problems exercising their rights – officially called "consumer guarantees" – in 2016.
More than a quarter were in relation to difficulties returning electronics and whitegoods.
ACCC acting chairman Michael Schaper said shoppers with faulty products should utter the "magic" three words "Australian Consumer Law" to let retailers know they're aware of their rights.
"If you buy a phone that comes with a one-year manufacturer's warranty, that express warranty is in addition to your rights under consumer law," Dr Schaper said.
"Under the ACL, you are guaranteed that the phone is safe, lasting, free of faults, is of acceptable quality and functions as a phone," he said.
"If the phone, or any other consumer electronics or whitegoods, doesn't meet these guarantees, you are entitled to a remedy."
A product should do what it's meant to do for a reasonable period of time. If it's a dud, depending on the type of fault, you can choose a remedy.
For example, if it has a problem that would have stopped you from buying it had you known or is significantly different from the way it was described, that's considered a major fault and you can choose between a refund, replacement, or repair.
If the fault is minor, the seller can choose to give you a free repair instead of a replacement or refund.
Consumer guarantees were introduced in 2011 and apply to products and services, including gifts with proof of purchase, sale items, online products and services bought from Australian businesses, and second-hand products from businesses, taking into account age and condition.
The guarantees do not apply if you've simply changed your mind; found it cheaper somewhere else; decided you did not like the purchase or had no use for it; or knew of or were made aware of the faults before you bought the product.
Don't be fooled
Here's what Dr Schaper had to say about these common but questionable claims by retailers:
- "Sorry, the warranty on your product has expired"
"Whether or not a product is within the manufacturer's express warranty, or covered by an extended warranty, has no effect on your right to a remedy under the ACL consumer guarantees. You may still have rights under the consumer guarantees regime as and the length of time that these rights apply is unrelated to any manufacturer's warranty period," Dr Schaper said.
- "You'll have to take it back to the manufacturer"
"If you return a faulty product to the retailer from which you bought it, they must provide you with a remedy and cannot direct you to the manufacturer. You can also claim a remedy from the manufacturer, but you are only entitled to recover damages, which may include the cost of the product," he said.
- "You should buy an extended warranty so you're covered if anything goes wrong after 12 months"
"Purchasing an extended warranty might mean that you are paying for rights you already have for free under the ACL. You should ask the seller to explain what the extended warranty gives you over and above the ACL," Dr Schaper said.
If you have trouble obtaining a remedy, the ACCC suggests making a complaint to the business. If this is unsuccessful, lodge a complaint with the ACCC.
10 comments
New User? Sign up