Know your rights

Australian consumer law, made simple

When something you bought is faulty, not as described, or a service is botched, the law is on your side. Here's what you're actually entitled to — in plain English.

Your consumer guarantees

Under the Australian Consumer Law (ACL), almost everything you buy comes with automatic guarantees that can't be signed away — no matter what a store policy or salesperson says. The main ones:

Acceptable qualitySafe, durable, free from defects, and does what you'd reasonably expect.
Fit for purposeDoes the specific job you told the seller you needed it for.
Matches descriptionMatches the sample, demo or description you were sold on.
Clear titleYou own it outright, with no surprise debts or claims attached.

These apply to most goods and services bought from Australian businesses, including online, and they sit on top of any manufacturer's warranty — not instead of it.

When goods are faulty

If something you bought develops a problem, your rights depend on whether the fault is major or minor — and importantly, it's your choice or the seller's depending on which.

A retailer can't simply send you to the manufacturer, refuse to help because you've lost the receipt (any proof of purchase works, like a bank statement), or fob you off with store credit when you're entitled to a refund.

Major vs minor faults

Major fault → your choice

If the problem is serious — it's unsafe, very different from described, or wouldn't have been bought if known — you choose: a refund, a replacement, or to keep it and claim compensation for the drop in value.

Minor fault → their choice

For smaller problems, the business can choose to repair, replace or refund — but they must do it in a reasonable time. Drag it out and a minor fault can become a major one.

You're never required to accept a repair that takes unreasonably long. If they can't or won't fix it within a reasonable time, you can treat it as a major failure.

When a service goes wrong

Services — tradies, repairs, travel, professional work — come with their own guarantees. They must be carried out with due care and skill, be fit for the purpose you asked for, and delivered within a reasonable time when no timeframe was agreed.

If a service fails one of these, you may be entitled to have the problem fixed, a refund of part or all of what you paid, or compensation for any reasonably foreseeable loss caused by the failure.

Common myths, busted

  • "No refunds on sale items." Wrong — consumer guarantees apply to discounted goods too (just not to faults you were told about before buying).
  • "You have to go to the manufacturer." The retailer who sold it to you is responsible and can't pass you off.
  • "No receipt, no help." Any reasonable proof of purchase works — bank or card statement, confirmation email, even a photo.
  • "The warranty has expired." Consumer guarantees can last longer than a paid warranty, based on what's reasonable for that product.
  • "Store credit only." For a major fault, the choice of refund is yours — not store credit.

What to do when a business won't fix it

  • Put it in writing. State what you bought, what's wrong, and the remedy you want (refund/repair/replacement). Keep it factual.
  • Gather evidence. Receipts, photos, the listing or quote, and any messages.
  • Give a reasonable deadline. Ask for a response within, say, 14 days.
  • Escalate if ignored. If they don't engage, take it to the relevant ombudsman or consumer regulator.

This is exactly what Dammad does for you — it turns your issue into a clear, on-the-record complaint, sends it to the business with a 14-day clock, and points you to the right regulator if they don't respond. Start your complaint →

Who to escalate to

If a business won't resolve things, these bodies can help — and they're free:

  • State consumer affairs / fair trading (e.g. Consumer Affairs Victoria) — general goods and services.
  • Telecommunications Industry Ombudsman (TIO) — phone and internet.
  • Energy & water ombudsman (state-based) — electricity, gas, water.
  • Australian Financial Complaints Authority (AFCA) — banking, insurance, super.
  • Airline customer advocate / ACCC — travel and broader competition issues.
This guide is general information about Australian consumer law, not legal advice, and rules can change. For advice about your specific situation, contact the relevant regulator or a qualified legal professional.

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