Understanding your rights when shopping

Alma purchased a set of bed sheets from a store. When she returned home, she realised they were not the same sheets as displayed on the outside packaging. 

Alma was able to exchange her bed sheets for a replacement because the product didn't match the description on the packaging. 

Under the ACL, most products and services bought in Australia come with automatic consumer guarantees. One of those guarantees is that a product must match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising. 

Buying a vehicle is a big decision. It's important to think about your needs and do your research before purchasing.  

When buying a vehicle from a licensed dealership, the business is required to fulfill the consumer guarantees under the ACL. 

When buying a vehicle privately, you are not protected under the Motor Dealers and Repairers Act 2013 or the ACL. 

Fred purchased a used car last week from a licensed motor dealer. The car was advertised as having 12 months registration. 

The car was to be delivered interstate as Fred lives over the border in Queensland. As a NSW car registration cannot be transferred interstate, the motor dealer handed in the number plates to the authorities in NSW and obtained a refund of the 11 months remaining on the registration. The dealer did not reimburse Fred with the refunded registration fees and delivered the vehicle unregistered.  

Fred looked at his contract of sale and identified that under the Motor Dealer and Repairers Act 2013 and Australian Consumer Law, false and misleading information is a breach of legislation. One of the conditions of the sale was that the car has a current 12-month registration (noted on the Form 5) and the dealer failed to notify Fred that the registration is not applicable in Queensland.  

Fred reached out to the dealership about their breach of the contract. The dealer agreed to refund the registration cost as a business policy cannot overrule legislation. 

Brad is a member at his local gym but has decided to cancel his membership. Brad contacts the gym via email to request the cancellation. The gym replied to Brad saying he had to go to the gym to cancel his contract in person. The business also advised that as they had a high number of cancellations to process, there would be a delay and he would continue to be charged.  

Brad read over his contract. In the terms and conditions it stated 'You can cancel your gym membership by phone, online or in person'. 

When Brad highlighted this to the gym, his contract was cancelled without further delay.  

Businesses cannot put in place unreasonable contract terms or change the terms of a contract once it’s been signed. They also cannot continue to charge the customer when they are responsible for delays in processing cancellations.  

Jing purchased a brand-new fridge just over a year ago. The fridge cost her $3000 which she had spent months saving for.  

When Jing made the purchase, the shop attendant informed her that the fridge came with a complimentary one-year warranty. She was offered an additional two years warranty for a fee, which she declined.  

Last week the fridge light stopped working. Jing contacted the manufacturer and requested a repair, as the fridge was only 14 months old. The manufacturer declined because the warranty period had passed.  

Jing read up on consumer guarantees and explained to the business that they are an automatic right given to customers, regardless of whether a warranty has been provided. As a result, the business organised a repair person to come and fix the broken light.  

A warranty against defects is usually limited by time. After the warranty expires, the consumer guarantee of acceptable quality will usually continue to apply.