Goods, Consumers and Remedy – Who Is Protected?

The Australian Consumer Law (ACL) offers protections to consumers. The main protections relate to:

• faulty or unsafe products and services; and
• unfair treatment from businesses

What are faulty or unsafe goods?

The definition of what can be faulty goods is quite broad, however, in general faulty goods are those that fail to meet the industry’s acceptable standard in relation to its expected use, working condition and safety. In a nutshell, the goods are not what you asked for. 

Your rights when you purchase goods or services?

• The goods you purchase, among other things, must match descriptions made by the salesperson or advertiser on packaging and labels and in advertising.
• The goods you purchase must also be fit for the purpose the salesperson told you it would be fit for and for any purpose you made known to the salesperson prior to purchasing it.
• The goods you purchase must also have spare parts and repair facilities available for a reasonable time after purchase unless the salesperson told you otherwise.
• Further, you must not receive unfair treatment from businesses you deal with.
• It is not important whether you purchased your goods or services online or in-store.  However, the goods or services that come under the jurisdiction of ACL protections must have been purchased anywhere in Australia.
• The person who comes under ACL protection needs not be a citizen of Australia to be entitled to ACL protection. If the person is the consumer who purchased the goods in Australia, the protection extends to him/her as well. (Note: The definition is not exhaustive).

What Remedy Do I have? 

The remedy for faulty goods or services whether it’s a mere refund, repair, or replacement must put you in the position you would have been in had the goods or services done what the provisions of consumers guarantees asked the manufacturers/sellers to do. For instance, the goods must be safe, look acceptable, lasting with no faults, and do all the things someone would normally expect them to do. 

In addition, under the consumer guarantees, the person who purchases goods or services in Australia does have the right to repair, refund and replacement or cancel a service or in some cases ask for compensation for damages or loss.

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Exceptions to Remedy  

There are some exceptions in relation to seeking a remedy or compensation when you purchase a goods or service. Here we name a few only:

• You changed your mind after the purchase without the goods having any fault. (Note: under certain purchasing transactions, there is a cooling-off period which allows a purchaser to contract out and cancel the service before the cooling-off period ends).
• Failed to clearly and sufficiently explain to the service provider the type of service you need.

Watch out for our Next Article to learn about what can amount to an unfair treatment from a business. 

For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217