Contact the business

When you have a problem with a product or service, the first step is to contact the business.

Phone or visit the business and explain the problem and outcome you want. Do this as soon as possible.

The owner, manager, or customer service contact may be able to fix the problem quickly, or explain how they can fix the problem and when they will do this.

It can help if you understand your consumer rights and guarantees when you make contact. You have rights under consumer law if:

• salesperson has approached you over the phone, at your door, or in a public place
• you’ve been asked to agree to a pre-written contract
• you haven’t received a product or service you paid for
• a business used certain unfair practices
• a business has misled you about their products or services
• a business has displayed prices in a misleading way
• a product or service you have purchased does not meet the consumer rights and guarantees.

Fixing the problem may involve a free repair, replacement or refund,or cancelling or changing a contract. You may also be entitled to compensation for damages and loss.

Contacting a business about consumer rights and guarantees

When you have a consumer rights and guarantees problem the first step is to contact the business.

We have the following tips for common situations that can arise when contacting a business about a consumer rights and guarantees issue.

Product has a major problem

When a product has or develops a major problem, you should:

• let the business know that you think the product has a major problem under the consumer guarantees in the Australian Consumer Law
• tell the business you are rejecting the product
• tell the business what remedy you would like – a refund, or a replacement
• explain why you think there is a major problem.

In this situation, you have the right to choose a replacement or a refund. You can also choose a repair, but you are entitled to a refund or replacement.

Product has a minor problem

When a product has a minor problem, the business must fix or repair the product for free. The business doesn’t have to offer a replacement or refund for a minor problem, although it can choose to.

When contacting the business, you should:

• let them know that you think the product has a minor problem under the consumer guarantees in the Australian Consumer Law
• explain why you think there is a minor problem
• tell the business you want to discuss your options for a repair, refund or replacement.

A business says you need to go to the manufacturer to fix the problem

Businesses are responsible for resolving problems with the products they sell. Sometimes businesses tell customers to go to the product’s manufacturer for a repair, refund or replacement.

If this happens, tell the business that under the Australian Consumer Law, the business that sells the product, not the manufacturer, is responsible for providing consumers with a remedy where the product has a problem.

If a business says they need to send the product to the manufacturer for testing or assessment, you should ask the business:

• how long this will take
• to supply the manufacturer with all the information you provided about the problem
• to see the exact information the manufacturer gives to the business about its assessment of the product.

A business puts conditions on when it will provide any remedies for problems

Sometimes businesses may have a policy to provide refunds or replacements within a certain number of days for products where you change your mind about the purchase.

Under consumer law, businesses don’t have to offer refunds and replacements for changes of mind. So a business can put conditions on these change of mind policies, such as:

• limiting it to a certain number of days after purchase
• excluding specific products, for example sale items
• requiring a sale tag to still be attached to the product
• requiring a product to be in original packaging.

Businesses can’t apply these same policy conditions to situations where consumers are returning a product due to a major or minor problem.

If this happens, you should:

• explain that you think the product has a major or minor problem under the consumer guarantees, and why
• explain that you are rejecting the product and requesting a remedy because of your rights under the Australian Consumer Law, and not your rights under the business’s change of mind returns policy.

A business won’t help because a warranty has expired

When a product’s warranty has expired, some businesses may say they can’t provide a free repair, refund or replacement for that reason.

Warranties are extra promises that a business can choose to make on top of the consumer guarantees. They can’t replace, change or take away a consumer’s basic rights under the consumer law.

Your rights to a remedy under the consumer law for problems with a product continue for a reasonable time after you bought the product. These rights can continue to apply after a product’s warranty has expired.

Businesses need to ensure that they consider consumers’ rights under the consumer law, not just their warranty, when handling consumer claims for remedies.

If a business says they won’t help because the product’s warranty has expired, you should:

• explain that you are rejecting the product and requesting a remedy because of your rights under the Australian Consumer Law, and not your rights under the business’s warranty
• tell the business that the consumer guarantees under the Australian Consumer Law can apply even if a warranty has expired
• explain why you think there is a major or minor problem.

For more information on your rights, see Consumer rights and guarantees.

Writing a complaint to the business

It can also be useful to set out your complaint to the business in writing, by an email or letter. That way they’re clearly aware of the problem, what you want, and you have a record of your contact.

What to include in a complaint

When writing a complaint you should:

• describe the problem and the outcome you want
• include key dates, such as when you purchased the goods or services and when the problem occurred
• identify what action you’ve already taken to fix the problem and what you will do if you and the seller can’t resolve the problem
• ask for a response within a reasonable time
• attach a copy of any supporting relevant documentation, such as a receipt or invoice.