As we all head off to the shops in the lead up to Christmas to buy that special gift, it is a good time to keep in mind your rights as a consumer, advises lawyer DEAN FRITH.
Generally speaking, when shopping in Australia, if an item you purchase doesn’t do what it says on the box, or what the salesperson told you it would do, then a warranty applies which promises to repair or replace the item, if necessary, within a specified period of time. Generally, there are three types of warranties that can apply:
- A manufacturer’s warranty, which is provided at the time of purchasing the goods and is usually contained in the packaging of the goods in the form of a booklet or pamphlet. This warranty is often only available for a limited time.
- A statutory warranty applies to the vast majority of goods acquired by consumers. This is by operation of law under the Australian Consumer Credit Code. It and is also known as a consumer guarantee. You do not need to receive any paperwork in relation to such a warranty; it applies as a matter of law.
- The last type of warranty is the extended warranty, which is an additional warranty offered by the retailer and is generally optional. The terms and conditions of such a warranty are contained in the paperwork provided by the retailer. While any extended warranty may offer protection over and above that provided by the Australian Consumer Law, it does not replace the underlying guarantees.
There are common misunderstandings about what warranties cover and when they apply. The following four-point summary may assist you when shopping this holiday season:
- The retailer cannot refuse to help you by sending you to the manufacturer or importer.
- Only consider paying for extended warranties that extend your rights beyond those already existing under the Australian Consumer Credit Code.
- Don’t like it or changed your mind? Sorry, unless the goods are faulty, you will need to refer to the exchanges and returns policy at the place of purchase.
- Warranties apply to gifts; removing the packaging does not void your warranty.
There is further information available on consumer rights from the NSW Office of Fair Trading or the ACCC consumer rights webpage. These Government resources provide excellent information on the rights of consumers, but if you do require specific and detailed advice in regard to an issue arising from a consumer transaction, Baker Love Lawyers’ Litigation Team is here to assist.
