How Our Consumer Law Lawyers Can Help
Our team can assist with a range of consumer law matters, including:
- Consumer guarantees for goods and services
- Refunds, repairs, replacements and cancellations
- Product and service disputes
- Warranties and extended warranties
- Misleading or deceptive conduct
- False or misleading representations
- Unfair contract terms
- Pricing, advertising and promotional disputes
- Consumer complaints and responses
- Negotiating and resolving disputes before they escalate
Whether you are a consumer who has not received what you paid for, or a business seeking advice about its obligations, we can provide informed, commercially practical support.
Read our overview of Australian Consumer Law (ACL) to better understand your rights and responsibilities.
Consumer Guarantees and Faulty Goods or Services
Australian Consumer Law provides automatic consumer guarantees when eligible goods and services are purchased from a business. These guarantees cannot simply be removed by a store policy, contract term or statement such as “no refunds”.
For businesses, the $100,000 threshold is only one way a purchase may qualify for consumer guarantee protections. The ACL may also apply regardless of price where the goods or services are ordinarily acquired for personal, domestic or household use.
There are important exceptions. Consumer guarantees generally do not apply where goods are acquired for resupply, or for use or transformation in production, manufacture, or repairing or treating other goods or fixtures.
Depending on the circumstances, goods may need to be of acceptable quality, fit for purpose and consistent with their description or sample. Services may need to be provided with due care and skill, fit for a disclosed purpose and completed within a reasonable time where no timeframe has been agreed.
If goods or services fail to meet these standards, the appropriate remedy will depend on the nature of the failure and whether it is minor or major. Our Australian consumer law lawyers can assess the circumstances, identify the available options and advise on how to approach the business.
Refunds, Repairs and Replacements
Businesses are not always required to provide a refund simply because a customer has changed their mind. However, where goods or services fail to meet a consumer guarantee, a consumer may have rights to a remedy.
For a minor failure, the supplier will generally have the opportunity to fix the problem within a reasonable time. Depending on the circumstances, this may involve repairing or replacing goods, providing a refund, or re-supplying or rectifying services.
For a major failure, the remedies differ between goods and services:
- Goods: the consumer may reject the goods and choose a refund or replacement. Alternatively, they may keep the goods and seek compensation for the reduction in value caused by the failure.
- Services: the consumer may cancel the service contract and receive a refund for the unused portion of the service, or seek compensation for the reduction in value of the service.
A consumer may also be entitled to compensation for reasonably foreseeable loss or damage caused by the failure.
If you are unsure whether a business has refused a remedy unfairly — or you are a business responding to a customer complaint — Sambi Legal can provide clear advice based on the facts of the matter.
Learn more about refunds, repairs and replacements in our guide to Consumer Guarantees under Australian Consumer Law.
Warranties and Consumer Rights
A manufacturer’s warranty or extended warranty is not the same as a consumer guarantee.
Warranties are additional promises made by a supplier or manufacturer. They may provide extra protection, but they do not replace or remove a consumer’s automatic rights under Australian Consumer Law. Those rights may continue beyond the period stated in a warranty.
We can assist where a business has refused to honour a warranty, where there is uncertainty about the terms of a warranty, or where a consumer needs advice about their rights beyond the warranty period.
For more information about warranties and your rights under Australian Consumer Law, read our guide to Consumer Warranties under Australian Consumer Law.
Misleading Conduct and False Representations
Businesses must not make claims that are false, misleading or likely to mislead consumers. This can include statements about price, product performance, quality, availability, discounts, benefits or the rights a customer has if something goes wrong.
Issues can arise when a business:
- Advertises a product or service inaccurately
- Fails to disclose important fees or conditions
- Makes claims that cannot be supported
- Misrepresents pricing or discounts
- Gives incorrect information about refunds, warranties or consumer rights
- Makes representations about quality, origin, approval or performance that are not accurate
If you believe you have relied on misleading information, or your business has received a complaint about advertising or representations, timely legal advice can help clarify your options and reduce the risk of the dispute escalating.
Unfair Contract Terms
Standard-form contracts are common in consumer transactions. These may include phone, internet, gym, retail, finance, service or online agreements.
Consumer law can protect consumers and eligible small businesses from unfair terms in standard-form contracts. A term may be unfair if it creates a significant imbalance between the parties, is not reasonably necessary to protect a legitimate interest, and would cause detriment if relied on.
Our consumer law lawyers can review terms and conditions, explain the risks involved and advise on practical steps before or after a dispute arises.
Support for Consumers and Businesses
Consumer disputes can be frustrating, time-consuming and expensive if they are not handled properly. Early advice can help you understand the strength of your position, preserve important evidence and take a more strategic approach.
At Sambi Legal, we assist:
Consumers
If you have paid for goods or services that were faulty, not delivered, misrepresented or not as agreed, we can help you understand your rights and options.
Businesses
If your business is dealing with a complaint, refund request, warranty issue, contract concern or allegation of misleading conduct, we can provide practical advice focused on resolving the issue efficiently while protecting your position.
Frequently Asked Questions
Do I need a consumer law lawyer?
You may benefit from legal advice where a dispute involves significant cost, a business refuses to engage, there is uncertainty about your rights, or the matter has escalated beyond a straightforward complaint.
Can a business refuse a refund?
It depends on the circumstances. A business may not have to provide a refund for a simple change of mind, but consumer guarantees can require a remedy where goods or services do not meet the required standard.
Do warranties replace consumer guarantees?
No. Warranties are additional promises and do not remove the automatic consumer guarantee rights that may apply under Australian Consumer Law.
Can a business be a consumer under Australian Consumer Law?
In some situations, yes. A business may qualify as a consumer where the goods or services cost less than $100,000 including GST. The ACL may also apply regardless of price where the goods or services are ordinarily acquired for personal, domestic or household use.
However, exclusions can apply — including where goods are purchased for resupply, or for use or transformation in production, manufacture, or repairing or treating other goods or fixtures. The application of consumer guarantees will depend on the particular transaction.
Speak With a Consumer Law Lawyer
If you are dealing with a consumer dispute, faulty goods or services, a warranty issue, misleading conduct or an unfair contract term, Sambi Legal can help.
Book a consultation with our consumer law lawyers to discuss your circumstances and understand your options.
If you’re dealing with a legal issue and aren’t sure where to start, we’re here to help. Contact Sambi Legal today to arrange your free initial consultation. We’ll listen to your concerns, explain your options, and help you decide on the next steps.
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