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You are given an ugly t-shirt and a book that you have already read. But if you don’t have the receipts, can you return them? Or what if someone gave it to you Gift Is he flawed in some way?
Before you pack up your unwanted gifts and head to the shops, here’s all you need to know about Australian consumer law – the rules consumer‘ Rights and Business Responsibilities – explains how to ask for a return, exchange or refund in a variety of circumstances.
Can I return a gift as a ‘change of mind’ without a receipt?
Australian consumer law generally does not require retailers to accept returns merely for a change of mind.
So if you didn’t like the gift, it’s not enough under the law to ask for the money back.
If a business has a “change of mind” return policy, they have to honor it. Otherwise, they could get into trouble for “deceptive conduct” under consumer law.
but also for store Allowing for a change of mind, they usually have a list of exceptions, including underwear, beauty products, food and more – so check their rules.
All retailers will want to see some proof of purchase – although not necessarily the original receipt.
What are my rights if the gift is defective?
If a product is defective, buyers have far more rights than many people realize under Australian consumer law. It may help to use the phrase “Australian Consumer Law” so the retailer knows you are aware of your rights.
What you can ask for depends on whether there is a “major failure” of your basic rights under consumer law, known as “consumer guarantees”.
A “major failure” of a consumer guarantee occurs when the product:
- is unsafe
- There is either one serious problem, or several minor problems, that would prevent a reasonable person from purchasing the product
- Is significantly different from the description, sample or demonstration received by the purchaser prior to purchase
- It cannot be used for its intended purpose and cannot be easily corrected within a reasonable time.
In these cases, if you can present a receipt or other proof of purchase, you are entitled to a replacement product of your choice or a full refund.
For other minor failures that can be fixed, the business only needs to fix it for free within a reasonable period of time. There is no need to offer you a replacement or refund.
However, if you have damaged the product yourself, you will not be able to rely on the consumer guarantee.
There are some exceptions to the consumer guarantee. For example, some do not apply to items sold by auction. And most don’t apply to “non-business” sellers, like private sellers on Gumtree or Facebook Marketplace.
What if the original packaging is lost or damaged?
If the product is defective in any of the above ways, you are still entitled to those consumer law remedies – even if the original packaging Is lost or damaged.
But if you’re returning to change your mind, most retailers require the product to be kept in a salable condition and the packaging intact.
What counts as proof of purchase?
You need proof of purchase to establish your rights on the consumer guarantee, but it is not necessary to have a receipt.
Other types of proof of purchase may include:
- a credit card statement
- Warranty card showing date and place of purchase
- Receipt number or reference number given over the phone or internet
- Serial number, if it is stored in the store’s computer system.
The law does not specify what proof of purchase is sufficient. The consumer simply needs to be able to prove that they purchased the item.
So if there was a gift, you will need some help from the gift giver.
The important thing is that you don’t have to have the original: photos and photocopies also count. So if you’re ever buying something expensive, immediately take a photo of your receipt. This can save you time and money later.
About the author
Katherine Kemp is Associate Professor in the Faculty of Law and Justice at UNSW Sydney. This article is republished from Conversation Under Creative Commons license. read the original article,
Does it matter whether it was purchased online or from a store?
For defective products, Australian consumer law rights apply, whether the gift is purchased online or in a store.
One guarantee that is particularly useful for online purchases is that the goods must be “as described”.
For example, if a photo advertising a suitcase showed or described a combination lock as a feature, you would be entitled to a refund or replacement of your choice, but the one you received did not have a lock.
What if the store still says ‘no’?
If the product is defective, it is illegal for businesses to mention store policies or terms and conditions that deny your right to a consumer guarantee – such as policies that say “No refunds or exchanges on sale items.”
If you believe a business has not met the Australian Consumer Law guarantees, you can seek repair, replacement, refund, cancellation or compensation for damage or loss.
You can read more about the complaints process here – start with the business the item came from.