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Questions and answers to some common consumer problems

Kate Haycock- 06/04/2009 15:32:46

I bought a pair of speakers, and they didn't work from the moment I got them out of the box. What can I do?

As a consumer, you expect to buy products that are of 'merchantable' quality, that are fit for their purpose, that meet the product description and are free from hidden defects. So if you buy a set of speakers, you expect to be able to listen to music through them. If you can't, then you are legally entitled to receive a refund.

Alternatively, if it suits you and the retailer, you can have the speakers repaired or replaced, but don't forget that you have the right to get your money back, and don't be pressured into taking a credit note or a product exchange if what you really want is a refund.

I bought a TV which stopped working three days later. The retailer has a 'no refunds' sign in the store and the manager says the company will repair the TV for me, but won't give me my money back even though I have asked for a refund.

This is actually illegal in Australia - your statutory rights mean that you are entitled to a refund if a product has a hidden defect. It is also illegal for any retailer to have a 'no refunds' policy and signage, not to mention denying you a refund if that's what you've asked for. If you don't get any satisfaction from the retailer, see below for the next step you can take.

I returned a set of brand-new but faulty speakers to a retailer, who agreed there was a problem. However, they say they need to get the manufacturer to give me my money back, and that they're having trouble contacting them.

Legally it is the trader or retailer who sold you the product who bears the responsibility for refunding you.

I have a $3,000 TV which stopped working a week after the 12-month warranty expired. The retailer says because it is out of warranty, they are not responsible for repairing it or giving me a refund.

Under Australian law, the price you've paid for a product has a bearing on both the quality you can expect from it and its lifespan. In practice, this means a $400 TV is not expected to last as long as a $3,000 TV, and so it comes down to whether or not it is 'reasonable' to expect that your $3,000 TV should not break down a week after the warranty expired. In this case, it is 'reasonable' to expect that the retailer will either give you a refund or repair the product.

This is a bit of a grey area, because your idea of reasonable may not be the same as the retailer's. However, you can discuss your options with the retailer and explain your position. If the retailer still refuses to give you a refund, or offer you a repair or exchange, then you can take your problem to the appropriate body in your state.

To further complicate things, fair trading laws in Australia also say that if a customer has had a 'reasonable' use of the product, then they may be eligible only for a part refund. What this means is that you can't expect a full refund on a $3,000 TV you've had for two years which has developed a problem, but you may well be eligible for a partial refund or a repair.

I bought a plasma TV after seeing a sample in a showroom. When I received the product, it looked very different from the original description I received and the product was shown on the original promotional material. There's nothing wrong with it, but it wasn't what I thought I was buying. What are my rights?

If the product does not match the sample or description provided before the purchase, you are entitled to a refund, or, if you wish, a replacement product of the same value.

I bought a new stereo and a day later I decided I really didn't want it anymore. And then I spilt some water on it and it doesn't work anymore. Can I ask for a refund?

You can ask, but there's no guarantee you will receive. If you buy a product and change your mind about it for any reason, you are not legally entitled to a refund. The same goes for gifts. Additionally, you are not legally entitled to a refund or an exchange if the product is damaged outside of its normal use.

However many retailers offer a no-questions-asked refund period no matter what, usually to build goodwill with their customers. The solution is to shop wisely, do your research and to ask about returns before you part with any money, especially if it's for a gift or something you are a little unsure about.

I bought some speakers from an internet auction site and they didn't work from the moment they were delivered. Am I entitled to a refund?

When you buy privately or at an auction, and this includes ebay, you don't have the same legal protections as when you buy from a retailer or trader. A private interaction is not covered by the statutory rights covered in the Trade Practices Act and state fair trading laws, and so it's a case of buyer beware in these situations.

I bought an MP3 player from a retailer a few weeks ago and now it's developed a fault. I can't find the receipt, but can I still ask for a refund?

A retailer or trader is not entitled to give you a refund if you can't prove you purchased the product from them. Most of us know this and are quite careful with keeping receipts and other purchase information, especially with big-ticket items. However, you can use other information, such as credit card statements, to prove that you purchased the product from the trader.

I bought a TV that was on sale due to scratching on the fascia and discovered it doesn't work at all. Can I still ask for a refund?

The fact that a product is on sale or seconded goods does not mean that you, as a consumer, have signed away your statutory rights. Goods on sale should be considered as exactly the same as normal goods when it comes to a refund, unless a product is a second or discounted due to some damage and this is made known to the consumer. A seconded product can still be returned if it has damage or a fault that was not made clear to the customer at the time of purchase.

I bought a faulty subwoofer and I have the receipt, but I've thrown away the box. The retailer says I can't get a refund or exchange without the original packaging. Is this true?

As long as you can prove you bought it and there was a problem with it, you don't need the original packaging and you are legally entitled to a refund.

I am entitled to a refund on a new TV that doesn't work, but the retailer refuses to give it to me point blank. What do I do?

For a start, you should put your complaints in writing and make sure you have all the appropriate documentation, outline the date of purchase, your problem and what you would like to happen.

Try again to sort out the issue with the retailer before taking the matter further, because it really is the simplest solution. If that doesn't work, you can make a complaint to the relevant industry body.

Try complaintline.com.au for help with making a complaint. To find out which body you should complain to, you can go to your state office responsible for fair trading laws or to the ACCC (Australian Competition and Consumer Commission).

If the complaint fails, then you should go to your state office responsible for fair trading (list below) with your claim and the appropriate documentation. While these offices generally don?t have any legal power to force either the retailer to give you financial recompense or to insist that you drop your claim, they can help you and the trader negotiate the situation. They can also recommend a mediator or third-party dispute resolution service to help you sort out the issue.

The next step would be to take the matter to the small claims tribunal in your state or to seek legal advice. Again, each state has a slightly different agency that deals with these issues. Your state office or ministry of fair trading can also refer you to the small claims tribunal in your state.

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In this article

• Right of return: refunds and consumer's rights
• Questions and answers to some common consumer problems
• Grey areas

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