Your new appliance stops working, and the shop says its returns period has ended. That does not necessarily end your right to a remedy.
Under Australian Consumer Law, faulty products can come with rights to a repair, replacement or refund even when a store’s usual return window has closed. The important question is not simply how long ago you bought the item. It is whether the product met the consumer guarantees and, if not, how serious the failure is.
What do consumer guarantees actually cover?
Consumer guarantees are automatic rights that usually apply when you buy goods from a business as a consumer. They require products to meet standards such as acceptable quality, safety, reasonable durability, fitness for purpose and consistency with their description or sample.
What counts as acceptable quality depends on the item. A budget toaster and a high-priced refrigerator are not expected to have identical features or lifespans. The item’s price, nature, description and other circumstances help determine what a reasonable consumer would expect.
These rights are separate from a voluntary manufacturer’s warranty. A warranty may offer useful extras, but it cannot replace the guarantees set by law. The ACCC’s guide to consumer guarantees explains the standards and when they apply.
When can you ask for a refund instead of a repair?
The difference between a major and minor failure matters because it affects who gets to choose the solution.
If the product has a major failure
A problem may be major if the item is unsafe, very different from its description or sample, has a serious issue that would have stopped a reasonable consumer buying it, or cannot be used for its intended purpose and cannot readily be fixed within a reasonable time. Several smaller problems can also amount to a major failure.
When there is a major failure, you can generally reject the product and choose a full refund or replacement of the same type. You may instead decide to keep the item and claim compensation for its reduction in value. An applicable right to reject a product is subject to legal limits, so avoid assuming every old fault qualifies automatically.
If the failure is minor
Where a problem can be fixed within a reasonable time and does not amount to a major failure, the business generally chooses how to fix it. This may mean a free repair. The business can offer a refund or replacement instead, but usually does not have to accept the customer’s preferred option immediately.
If the seller refuses or cannot fix the problem within a reasonable time, the consumer may gain the right to a refund or replacement, arrange a repair elsewhere and seek reasonable costs, or pursue another available remedy. What is reasonable depends on the product and the circumstances.
Two hypothetical examples: A kettle that sparks during normal use could involve a major safety failure. By contrast, a small cosmetic part that comes loose without affecting safety or operation might be a minor problem that can be repaired. The full facts matter; neither example decides every similar claim.
The ACCC’s repair, replacement and refund guidance explains the tests and available remedies in more detail.
What the retailer cannot simply tell you
Some responses sound final but do not settle a consumer-guarantee claim:
| What you might hear | What to check |
|---|---|
| “The manufacturer’s warranty has expired.” | Consumer guarantees may continue for a reasonable period beyond a written warranty. |
| “Contact the manufacturer, not us.” | The business that sold the product is generally responsible for providing a remedy under consumer guarantees. |
| “Our policy says no refunds.” | Store policy cannot remove statutory rights for faulty goods. |
| “You threw away the box.” | Original packaging is not required to return a product because it is faulty. |
| “We can only give store credit.” | Where the law entitles you to a refund, store credit is not a compulsory substitute. |
A seller may reasonably inspect or assess a product before deciding whether the claimed failure exists. An assessment is not itself a reason to deny your rights. Ask for the findings and the proposed timeframe.
Also keep separate the rules for a faulty item and a purchase you simply regret. A store usually does not have to refund a change-of-mind purchase unless its own policy applies. That is also different from a statutory cooling-off period for certain contracts, as explained in our article on contract cooling-off periods in Australia.
Before contacting the seller, gather these details
A clear record often makes the discussion simpler. You do not always need the original paper receipt: proof of purchase may include a bank statement, an order confirmation or another record showing where and when you bought the product.
- Identify the item: model, purchase date, seller and what you paid.
- Describe the fault: what happened, when it began and whether it appears during normal use. Take photographs or a short video if safe and relevant.
- Keep supporting records: receipt or transaction evidence, product listing, warranty information and earlier messages with the seller.
- Work out the outcome you seek: explain why you believe the failure is major or why a repair has not been completed in a reasonable time.
- Record extra costs: keep reasonable delivery or return-postage receipts where relevant.
If the item appears dangerous, stop using it. Do not continue operating it just to make a video or prove the problem.
Who pays to return the product?
For an easily returned item, you generally arrange its return. The business must pay for collection or shipping of faulty goods that are large, heavy or difficult to remove, such as an installed dishwasher. If a fault is confirmed, reasonable return costs already paid by the consumer generally have to be reimbursed. Keep the receipts.
How to raise the problem with the business
Contact the seller first, using its customer-service or complaints process. Explain the fault, refer to your rights under Australian Consumer Law, identify the remedy you are requesting and ask for a response in writing. A specific, calm request is usually more useful than arguing about the shop’s standard returns policy.
Example: “I bought this appliance from your store on [date]. It stopped working during normal use and has [describe fault]. I believe it does not meet the consumer guarantee of acceptable quality. Please confirm how you will assess the problem and what remedy you propose.”
If you believe it is a major failure, add a short factual explanation and clearly request a refund or replacement.
Show a longer sample email for a suspected major failure
Subject: Request for remedy under Australian Consumer Law – [product]
Hello,
I purchased [product and model] from [business] on [date] for [amount]. The product has developed the following problem during normal use: [brief description].
I believe this is a major failure because [explain the specific facts, such as a safety risk or why the product cannot be used as intended and cannot readily be repaired]. Under Australian Consumer Law, I am requesting a [refund/replacement].
I have attached proof of purchase and details of the fault. Please let me know the next steps and respond in writing.
Kind regards,
[name]
If the store says the problem is minor, ask what repair it proposes and when it expects to complete it. Keep copies of any inspection report, repair dates and communications. The ACCC’s advice on contacting a business gives further complaint guidance.
What if the retailer refuses to help?
Ask for the reason in writing and request that a manager review the complaint. Where possible, identify exactly which guarantee you think was not met and what outcome you are seeking.
If the business still will not resolve the matter, contact your state or territory consumer protection agency, such as NSW Fair Trading or Consumer Affairs Victoria. Depending on your location and dispute, a small claims court or tribunal may be another option. Fees, limits and processes vary. The ACCC provides a state-by-state directory of consumer help.
You can report misleading behaviour to the ACCC, but it does not settle individual refund disputes. For an online purchase, a card provider or payment platform may also have a separate dispute process; check its rules and deadlines rather than assuming a chargeback is guaranteed.
Where a consumer-guarantee breach causes further loss that was reasonably foreseeable, compensation may be available as well as the main remedy. This depends on the facts and evidence. For significant losses or a contested legal issue, consider independent legal advice.
Three situations that change the answer
Sale items and second-hand goods
Products sold at a discount still generally come with consumer guarantees. Second-hand goods sold by a business can also be covered, but their age, condition, price and disclosed defects affect what quality and durability are reasonable to expect. A fault clearly disclosed before purchase generally cannot be used as the basis for a claim about that same fault.
Purchases from another person
A one-off private sale is different from buying from a business. Most consumer guarantees, including acceptable quality, do not apply to private sales between individuals who are not operating a business. Some protections about ownership and undisclosed debts still apply.
Online orders and overseas sellers
The usual consumer guarantees generally apply when buying from a business online. Overseas businesses that sell directly to consumers in Australia must also comply with Australian Consumer Law, although enforcing those rights across borders can be harder. A marketplace’s role may differ from the seller’s, so identify which business actually supplied the product. See the ACCC’s online shopping guidance.
How long do the guarantees last?
There is no single consumer-guarantee period of 12 months, two years or another set number that fits every product. The expected reasonable life of an item depends on its nature, cost, quality, claims made about it and other circumstances.
A product failing after its written warranty ends may still breach a consumer guarantee. The reverse is also possible: not every breakdown after years of ordinary use establishes a legal entitlement. Record the purchase date, usage and fault before deciding whether to pursue the claim.
A practical next step is to use the ACCC consumer rights checker to review the circumstances.
The most useful question to ask
Instead of starting with “Can I get a refund?”, start with “What has gone wrong, and is it a major or minor failure under the consumer guarantees?” That distinction helps you ask the seller for the right remedy and explain your position clearly.
Keep the evidence, make the request in writing if needed and use the appropriate consumer agency if the discussion stalls. Your rights do not depend only on a store’s sign, a receipt’s fine print or the expiry date printed on a warranty card.
