What to do now
Official guide: ACCC, Repair, replace, refund or cancel. Parent overview: Problem with a product or service you bought. Escalate if they refuse: If a business won't fix a problem.
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Contact the seller today (the store or online retailer), not the manufacturer first. Businesses must not fob you off to the manufacturer for ACL consumer guarantees.
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State whether the failure is major or minor, and if major, choose your remedy (refund or same-type replacement, or keep and claim drop in value).
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Put it in writing. Photos, order number, when the fault appeared, what you want, and a clear deadline. Keep receipts and the packaging if you still have them.
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If the business refuses or stalls, follow the ACCC escalation page: your state or territory consumer agency, then small claims tribunal or court. The ACCC does not decide individual disputes.
Major vs minor product problems
Major product problems (ACCC framing) include goods that:
- are unsafe
- are very different from the description, sample, or demonstration model
- have one serious problem, or several smaller problems, that would have stopped you buying them if you had known
- cannot be used for their normal purpose, or the purpose you were told, and cannot easily be fixed within a reasonable time
Minor problems are faults that are not major. The business still has to fix them free of charge.
Remedies for a major failure
You choose:
- a full refund (no deduction for the time you used the goods), or
- a replacement of the same type, or
- keep the goods and claim compensation for the drop in value
You may also be able to claim consequential loss (extra costs caused by the failure) in some cases. See the ACCC repair/replace/refund page for how that is framed.
Remedies for a minor failure
The business must remedy the failure free of charge. The business chooses repair, replacement, or refund.
If the business cannot or will not fix the problem in a reasonable time, you can:
- get the goods fixed elsewhere and recover reasonable costs from the business, or
- seek a refund or replacement, or
- keep the goods and claim compensation for the drop in value
What businesses cannot do
- Send you to the manufacturer instead of dealing with your ACL consumer-guarantee claim
- Rely on a store "no refund" policy to remove consumer-guarantee rights
- Treat change of mind alone as if it were a consumer-guarantee refund right (change of mind is separate from guarantees for faulty goods)
Manufacturer warranties sit on top of ACL consumer guarantees. A warranty can add extra protection, but it cannot cut down the guarantees that already apply. If a business points only at the warranty card, still press the seller under the ACL path above.
Where to escalate
ACCC (information, not individual case decisions): If a business won't fix a problem
Examples of state and territory agencies:
- NSW Fair Trading
- Consumer Affairs Victoria (refunds, repairs and returns)
- Queensland Fair Trading / consumer rights
If agency help does not resolve it, small claims tribunal or court is the usual next step for money claims.