No matter what a business says or does, they cannot take away your consumer rights. Knowing your rights can help make sure you receive the refund, repair or replacement you’re entitled to and prevent businesses from avoiding their legal obligations.
Whitegoods and televisions account for the majority of household goods complaints received by Consumer Protection. People rely on these items every day, and when something goes wrong it’s a major disruption and can leave you out of pocket. Think about the food that could spoil when a fridge stops working, or the extra money needed for a laundromat when the washing machine breaks down.
The last thing you need is the retailer not understanding their obligations under the Australian Consumer Law (ACL) when your fridge, washer, dishwasher, dryer or TV breaks down.
You are entitled to a refund, repair or replacement if there is an issue with your item. The remedy you’re entitled to will depend on whether the issue is major or minor.
A major fault might include a product that is unsafe, significantly different from its description, or unable to perform its intended purpose. In these cases, you can generally choose between a refund or replacement.
For minor faults, businesses may choose to repair the item within a reasonable timeframe. However, a series of minor faults may become a major fault, and you get to choose the remedy.
Despite having these basic consumer rights, reports to Consumer Protection and the Australian Competition and Consumer Commission (ACCC) show some businesses are not honouring these rights.
For example, one person came to Consumer Protection about their washer-dryer combo that stopped working again after multiple repairs by the retailer. They were refusing to refund the consumer for this major failure. A quick reminder to their staff about their obligations under the ACL meant the customer received the full refund they were entitled to.
Many people mistakenly believe that once a manufacturer’s warranty expires, they are not entitled to a remedy. This isn’t true. Your consumer rights under the ACL don’t end when the warranty does, in fact they continue long after. You should expect the item you bought to last for a reasonable period of time.
In another recent complaint, a consumer reported that their high-end fridge had stopped working after two years and the retailer was refusing to repair it as it was “out of warranty”. Anyone would reasonably expect a fridge to last longer than two years and when the retailer was advised of this, they agreed to fix the fridge under their ACL obligations.
Also keep in mind that a retailer cannot tell you to deal directly with the manufacturer. The business that sold you the product remains responsible for providing a remedy and they cannot avoid that responsibility under the ACL.
Remember, no matter what the business says or does, they cannot take away your consumer rights. Knowing your rights can help make sure you receive the refund, repair or replacement you’re entitled to and prevent businesses from avoiding their legal obligations. You can read more about your rights under the ACL on our website at consumerprotection.wa.gov.au
If you are having issues with a retailer not providing you with a remedy, let Consumer Protection know 1300 30 40 54 or lodge a complaint – consumerprotection.wa.gov.au
