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. 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. Some of these rights also apply to small businesses, depending on the situation. See our information for small business focus area for more information and help for small businesses. 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. 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. 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. For more information on defining a major or minor problem see Repair, replace, refund, cancel. 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.

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. Businesses can’t apply these same policy conditions to situations where consumers are returning a product due to a major or minor problem. Australian Consumer Law, and not your rights under the business’s change of mind returns policy. 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. For more information on your rights, see Consumer rights and guarantees. 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. Use our complaint letter tool to develop your written complaint. You can change it to fit your particular problem. You can post or email the complaint letter to the business. If you can’t find a place to send the complaint, but a business has another way to contact them like online chat, you can ask for a way to send a complaint or lodge your complaint letter with the business online. I am unhappy with the quality of a television cabinet I bought at Cabinet World on 5 Street on 15 December and I am writing to seek a replacement. The cabinet doors do not open and shut properly and the stain on the cabinet is uneven, with one half darker than the other. The cabinet was delivered on 30 December and I noticed this problem as soon as I unpacked it from the box. The cabinet is not of acceptable quality and does not match the sample cabinet I was shown in store. I would like you to replace it with one of the same quality and finish as the sample and arrange for return of the faulty cabinet at no cost. I have attached a photocopy of my receipt as proof of purchase. I would like to have this problem fixed quickly please. If I do not hear from you within 10 days, I will lodge a formal complaint with Consumer Affairs in my state.

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