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For businesses / Terms, refund policies and warranties

Terms, refund policies and warranties: a legal check

Most consumer law problems for businesses start with wording: a refund policy that understates customers' rights, a warranty without the required text, or a term that is unfair. Penalties have doubled since March 2026.

In short

  • Most consumer law problems for businesses start with wording: a refund policy that understates customers’ rights, a warranty without the required text, or a term that is unfair.
  • I check a standard set of terms and conditions (up to 10 pages), your refund and returns policy, your warranty against defects, and subscriptions and online checkout.
  • You receive a written review with marked-up changes, a short explanation of each risk in plain English, and one round of questions on the changes.
  • Since 28 March 2026, the maximum penalty for a company is the greatest of $100 million, three times the benefit, or 30% of adjusted turnover.
  • Cost and next step: $1,980 fixed fee, including GST. Start online or call 1800 776 529.

What I check

  • Terms and conditions (a standard set up to 10 pages): unfair terms in consumer and small business contracts, such as one-sided cancellation, variation, penalty and limitation of liability clauses.1
  • Refund and returns policy: that it does not suggest customers have fewer rights than the law gives them.2
  • Warranty against defects: if you give one, it must meet the legal requirements and include the prescribed wording.3
  • Subscriptions and online checkout: ahead of the new rules on subscription traps and drip pricing from 1 July 2027.4

What you receive

A written review with marked-up changes, a short explanation of each risk in plain English, and one round of questions on the changes. Longer documents, several sets of terms or advertising reviews are quoted.

A person signing a document at a table

Why now

  • Since 9 November 2023, using an unfair term is itself a breach of the law, each term counted separately.5
  • Since 28 March 2026, the maximum penalty for a company is the greatest of $100 million, three times the benefit, or 30% of adjusted turnover.6
  • A warranty against defects without the required wording can attract a penalty of up to $50,000 for a company.7

Questions

Have another question? Phone 1800 776 529 or send me a message.

Possibly, both because their terms may not suit your business and because they may contain unfair terms. A check costs far less than a dispute.

Yes, if your customers include small businesses (fewer than 100 employees or turnover under $10 million) and you use standard form contracts.1

The law

  1. ACL ss 23 to 28, including s 23(4).
  2. ACL s 29(1)(m).
  3. ACL s 102; Competition and Consumer Regulations 2010 (Cth) reg 90(2) (the prescribed wording).
  4. Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 (Cth): new ACL ss 48A to 48H, from 1 July 2027.
  5. ACL s 23(2A) to (2C).
  6. ACL s 224(3A).
  7. ACL s 102(2), s 224(3) item 9 ($50,000 for a company, $10,000 otherwise); also a strict liability offence, s 192.

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)

The business, dealer, builder or customer, if known. I need this to check that I have not acted for them.

A few sentences: what happened, any deadline, and what you would like.

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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.