With the post Christmas sales here, we tell you what you are entitled to as a consumer and how to get it. Although it's relatively simple to check your rights as a consumer — see www.accc.gov.au — it can be difficult to stand your ground in the face of poor or even rude customer service and complain constructively.
If goods are faulty it's the supplier's responsibility to refund or replace and if told you have to claim a refund from the manufacturer, or claim under the manufacturer's guarantee, this is simply untrue.
Consumer's rights are against the supplier not the manufacturer and guarantees give additional rights which shoppers can choose to use.
If goods you buy are faulty, incorrectly described or not fit for purpose you may be entitled to your money back, an exchange or a repair and that applies whether bought in a standard transaction or a sale.
If purchases don't meet their specification, such as clothing that comes apart after only one wearing, you may be entitled to a refund or a replacement.
If a damaged item needs repairing, the repair should be carried out within a reasonable period of time and without causing you significant inconvenience.
An item of clothing which ruins any of your other belongings — for example the colour runs due to a fault and discolours other clothes — means you may also be entitled to compensation over and above the price of the item.
If you lose your receipts, your rights still apply, although it makes life easier if you do retain all receipts. Alternative proof of purchase such as a credit card bill, tax invoice or lay by agreement is sufficient proof of purchase.
Troubleshooting
Remember, always be polite and be prepared to be persistent.
It isn't our fault — go back to the manufacturer.
Not true — you bought the goods from the supplier who is liable for any breaches of contract.
You only have rights for 30 days after purchase.
Not true — you might be too late to get all your money back, but the supplier will still be liable if the goods are faulty and a standard guarantee usually covers a year.
You must produce your receipt.
Not true — a bank statement, credit card slip etc which shows proof of purchase is sufficient.
No refunds can be given on sale items.
That depends — you won't be entitled to anything if you were advised of any faults before purchase, or if the fault should have been obvious to you. Otherwise, normal rights apply.
We don't give refunds — you must accept a credit note.
If you have changed your mind, the shop doesn't have to do anything. But if the goods are faulty, incorrectly described or not fit for normal purpose, you are entitled to your money back and don't have to take a credit note. If a shop has a sign up with this sort of statement, it might be breaking the law — report it to your local consumer protection agency.
Why it pays to know your rights
It pays to read up on your rights and be prepared to go above the person you're dealing with if you can't get them to see reason.
Last year, I had a set to with an expensive kids' shoe shop over my son's school shoes which he'd worn for all of four weeks when the stitching started coming undone. I'd returned the shoes with the receipt and politely asked for a replacement, to be met by a truly horrible manageress who could not have been ruder.
She said he must have been playing sport in them, queried the date on the receipt and snorted when I said they were immaculate apart from the stitching which wouldn't have been the case if he'd been playing sport in them. She finally conceded there was a problem but told me I'd have to send them direct to the manufacturer myself and refused to budge. I phoned the head office and they told me to go back and quote the name of the person in charge in head office and she grudgingly replaced them.
Just two weeks later my youngest daughter returned from school and I found two huge holes in each sole of her shoes which had been bought at the same time as my son's so with heart sinking I made my way back to the shop. The manageress must have been told off by the head office as she could not have been more obsequious or apologetic and fell over herself to offer me my money back or a replacement.
A week later my daughter's friend came home from school with her and said ' A funny thing happened to my shoes. They had big holes in them and mummy was going to get more for me but when I came home from school one day the holes had gone.' They had identical shoes and changing back after sport had put on the wrong ones. And no, I've never gone back to the shop....
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