For consumers / Faulty goods and refunds
Faulty goods and refunds
If something you bought is faulty, unsafe, not as described or not fit for the purpose you were told it would serve, the law gives you a remedy. A store policy cannot take it away.
In short
- Goods sold to a consumer come with guarantees that apply automatically.
- A minor failure: the business can choose to repair the goods (or replace or refund instead).
- A major failure: you can choose to reject the goods and take a refund or replacement, or keep them and be compensated for the drop in value.
- What you can’t get is a refund for a change of mind, unless the store’s own policy offers one.
- Cost and next step: $990 for a review and a letter, including GST. Start online or call 1800 776 529.
Your rights do not depend on the warranty
Goods sold to a consumer come with guarantees that apply automatically. The main ones: the goods must be of acceptable quality (safe, durable, free from defects and acceptable in appearance), match their description and any sample, and be fit for any purpose you made known.1 These guarantees apply on top of any manufacturer’s warranty and cannot be excluded by contract.2
You are a consumer if the goods cost $100,000 or less, or are of a kind normally bought for personal or household use, whatever the price.3
Repair, replace or refund?
It depends on how serious the failure is.
- A minor failure: the business can choose to repair the goods (or replace or refund instead). If it refuses or takes too long, you can have them fixed elsewhere and recover the reasonable cost, or reject them.4
- A major failure: you can choose to reject the goods and take a refund or replacement, or keep them and be compensated for the drop in value.5 A failure is major if, for example, you would not have bought the goods had you known about it, the goods are unsafe, or they cannot easily be fixed within a reasonable time. Several minor failures together can amount to a major one.6
In either case you can also claim other loss that was reasonably foreseeable, such as the cost of hiring a replacement.7 See Major and minor failures.
Claims against the manufacturer
For some failures, including goods that are not of acceptable quality or do not match their description, you can claim damages directly from the manufacturer or importer.8 This helps when the store has closed or blames the manufacturer.
When a business says no
“No refunds”, “only the manufacturer’s warranty applies” or “it’s out of warranty” do not end the matter. A false statement about your rights can itself breach the law.9 What you can’t get is a refund for a change of mind, unless the store’s own policy offers one.
What my $990 covers
I read your receipt, the product information, photos and messages, tell you whether the failure is major or minor and what to ask for, and send a letter to the business (and the manufacturer, if appropriate) setting out the failure, the law and the remedy, with a deadline. I pass on their reply with my view and the options, including a VCAT claim.
Questions
Have another question? Phone 1800 776 529 or send me a message.
Possibly. Acceptable quality includes durability. Goods must last as long as a reasonable consumer would expect, considering the price and the nature of the goods, which can be longer than the express warranty.1
No. Your rights are against the business that sold you the goods. You can also claim against the manufacturer in some cases, but the store cannot send you away.
The acceptable quality guarantee does not apply to auction sales, and the guarantees do not apply to private sales.10 Other rights may still apply; send me the details.
The law
- ACL ss 54 to 57; durability: s 54(2)(e).
- ACL s 64(1); s 64A (limits for goods not ordinarily bought for household use).
- ACL s 3; Competition and Consumer Regulations 2010 (Cth) reg 77A.
- ACL s 259(2).
- ACL s 259(3); rejection: ss 262, 263 (refund or replacement at the consumer’s choice, s 263(4); not a credit note, s 263(5)).
- ACL s 260, including s 260(2).
- ACL s 259(4).
- ACL ss 271, 272.
- ACL s 29(1)(m).
- ACL s 54(1)(b); “in trade or commerce” in s 54(1).
Last reviewed: November 2026. This page is general information about Victorian and Commonwealth law as at November 2026. It is not legal advice about your circumstances.
Tell me what happened
I reply within one business day.
To send documents, use the Start online form.
Phone: 1800 776 529
Email: info@consumerlawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
I act for consumers and for businesses, but never for both sides of the same dispute. Before I start, I check that I have not acted for the other party.