The retailer says they have a 'no refund' policy. Does this override my consumer guarantee rights?

What the Law Says

The Australian Consumer Law (ACL) gives you automatic consumer guarantees that apply to all goods and services bought in Australia — regardless of any store policy.

Retailers cannot exclude, restrict or limit your consumer guarantees, even if they display a 'no refund' sign or include such terms in their terms and conditions.

If a product fails to meet a consumer guarantee — for example, it's not of acceptable quality, doesn’t do what it’s supposed to, or isn’t fit for purpose — you’re entitled to a remedy. The type of remedy depends on whether the problem is a major or minor failure.

For a major failure, you can choose a refund or replacement, and may also be entitled to compensation for other reasonably foreseeable losses.

Statutory Text

A term of a contract is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying… a consumer guarantee.

— Competition and Consumer Act 2010 (Cth), Sch 2 — Australian Consumer Law, s. 64 — Effect of non-compliance with consumer guarantees

Statutory Text

A consumer guarantee given under this Division applies in addition to any other rights or remedies the consumer may have under a contract or under the law.

— Competition and Consumer Act 2010 (Cth), Sch 2 — Australian Consumer Law, s. 60 — Consumer guarantees apply in addition to other rights

What to Do

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