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When can I get a refund?
Here at Lawstuff, we don’t think you should be ripped off by anyone if they sell you something that breaks or doesn’t do what you were promised. There’s nothing worse than ordering that new computer game or beautiful red shoes only to find out they’re not what you asked for.
This page explains what your rights are in these situations. It’s important to speak up quickly to make sure you can solve your problem. We’ve got a little motto for shopping problems: if it's crap, send it back!
You also can’t get a refund just because:
- you bought the goods for someone else who does not want them anymore;
- you found out you could get it cheaper from somewhere else;
- you knew about the problems at the time of purchase but bought it anyway; or
- you damage the product by using it in a different way from how it should be used.
- you wouldn’t have bought the thing if you knew about the problem
Example: Erica moves out of home and buys a fridge for her new place from William’s Whitegoods. The fridge doesn’t keep the food cold. Erica wouldn’t have bought the fridge if he knew that it didn’t keep food cold!
- it’s unsafe
Example: Yi’s kettle has sparks coming out of it. This is very unsafe because it might start a fire.
- it’s very different from the description or pictures you were given
Example: Natasha orders red boots, but the ones she receives are yellow.
- it doesn’t do what the shop said it would do or what you asked for, and it can’t be easily fixed
Example: Bec specifically asked for a waterproof camera, but this camera broke as soon as she got into the water to go scuba diving.
- a refund
- a replacement or
- you can keep it and ask for a partial refund to take into account that's it's worth less because there's something wrong with it.
If the problem isn’t major, you still have options. When you take it back to the store and the problem is minor, the store can choose to do one of the following:
- fix it within a reasonable time
- give you a refund or
- replace it.
Step 2: Contact the shop as soon as possible.
can do this by phone, email or social media message page. Whatever
happens, keep copies of any emails, letters and notes from any phone
calls. If you call, ask to speak to someone high up in the business,
like a manager.
- Politely explain what has happened and
then ask for what you want, a refund, replacement or repair. Check out
our links to “Example complaint letters” for more information on how to
write a letter or email.
- Act quickly! The law says that
you have to return the goods within a time that’s reasonable – what’s
reasonable depends on the particular thing you bought and what you use it
- Keep the receipt: you need to be able to show
that you purchased the item, so if you don’t have the receipt, show a
credit card statement or email/SMS which proves that you bought it.
Send a formal letter – if you've tried talking to the business but are
not happy with their response, write them a formal letter. In the
letter, give the business a reasonable period of time to respond, like
14 days. Keep a copy of the letter for your records.
Step 4: If the business doesn’t respond to your letter, don’t panic. You still have options.
- Contact the Fair Trading Office in your state or territory to make a complaint or call the national ACCC Infoline on 1300 302 502 for advice on what you can do.
- Get some legal advice: contact the Legal Aid Office in your state or territory. If you are under 25, send us a Lawmail and
we can give you some advice. Please don't send us a Lawmail unless you
have tried solving the problem with the business first.
You have the same consumer rights even if you buy second hand goods. However, the expected level of quality and performance might be lower for second hand goods, depending on factors such as age and price.
Example: I bought an expensive second-hand flat screen TV from a shop in my local mall, the guy told me it was three years old and working well. I took it home and it stopped working after two weeks. Can I return it?
Answer: You have the right to return the TV as you could have reasonable expected that the TV would work for more than 2 weeks. If the shop refuses to give you a refund, make a complaint to the ACCC or the Fair Trading Office in your state or territory
these laws still apply if bought something from an Australian business.
They won’t apply if you bought from an individual who doesn’t
ordinarily sell stuff (for example, someone selling a couch on Gumtree
but who doesn’t sell couches to everyone, it’s a one-off).
See below on “online shopping” for more information on what to do if you have problems with something you’ve bought online.
- general complaint template: http://www.accc.gov.au/consumers/complaints-problems/write-a-complaint-letter#complaint-letter-template
- complaint email for asking for refunds: http://www.consumer.vic.gov.au/library/forms/shopping/example-email-requesting-a-refund-for-a-faulty-item-bought-online.doc
- example complaint letter for asking for a repair: http://www.consumer.vic.gov.au/library/forms/shopping/example-letter-requesting-a-remedy-for-service.doc
I’ve bought something online from an Australian company (not on eBay) – what can I do if something goes wrong with it?
Example: Lara bought leather shoes online. She emailed the company asking if they were waterproof. When the shoes were delivered, she noticed that they were leather and were not waterproof. Does she have the right to return them?
Answer: Lara can return them because the product does not match the description and is protected by Australian consumer laws the same as if she had bought them in a store. The shoes should have also been waterproof as this was agreed to by the company at the time of the sale.
See the section above “So when can I get a refund” for your options.
Step 1: Check the site’s return policy
Step 2: Send an email or call them and explain the situation. Check out our “Example complaint letters” section above for links to some templates you can use.
Step 3: If you still can’t resolve the issue, or you don’t hear from the company after a reasonable time, call your bank and ask them to “chargeback” the amount to your credit card.
If you paid with PayPal, lodge a dispute with them as soon as possible. You can find out how to do this at https://www.paypal.com/au/webapps/mpp/first-dispute
Step 4: If you’re not happy with the outcome, you can also make a complaint to the consumer body in the country where the seller is based. This is unlikely to get you a refund, but it may mean that someone stops them doing this to other consumers in the future. To make a complaint to an overseas consumer body, file a report at www.econsumer.gov
If you bought items using Buy It Now
from an Australian business, you are covered under Australia's
consumer law and you can get a refund, replacement or get it repaired,
depending on the type of problem. The best thing to do is probably work
within eBay’s message and refunds system to solve the problem first.
See our section below – ‘How to resolve eBay disputes’.
If you bought items using Buy It Now from an overseas business, while technically you may be covered by Australian law, it is very difficult to get the overseas company to follow our laws. But there are still things you can do. See our section below – ‘How to resolve eBay disputes’.
If you bought the items at Buy It Now from a private seller (someone who doesn’t usually sell things as their business but just sold one thing) you aren’t covered by the Australian consumer law but you can still do things to try and sort things out. See our section below – ‘How to resolve eBay disputes’.
eBay - Auction sales
If you buy things at an online auction (like on eBay) but you bid for it and don't use Buy It Now
you are not covered by the Australian consumer Law, even if the seller
is Australian or overseas BUT you can still make a complaint to eBay.
See our section below – ‘How to resolve eBay disputes’.
Contact the seller and let them know what has happened and ask for what
you want (refund or replacement). You can do this by signing into eBay
Most sellers would prefer to resolve issues directly because they do not want bad reviews or feedback. It’s bad for business.
Step 2: If you don’t hear back from the seller, or you’re unhappy with their behaviour, lodge a dispute with eBay. To find out how to do this, go to http://pages.ebay.com.au/help/buy/return-item.html
If you’ve paid by PayPal, Paymate or any credit card, eBay might be able to give you a refund if you lodge a dispute as soon as possible.
Step 3: You can also make a complaint to the Consumer Affairs/Fair Trading office. If the seller is an Australian business, you can make a complaint to the State or Territory Fair Trading Office where they are based or call the national ACCC Infoline on 1300 302 502 for advice on what you can do.
If the seller is located overseas, you can make a complaint to the consumer body, but this will not help you solve your individual issue . However, it may mean that someone investigates and stops the company doing this to other consumers in the future. To make a complaint to an overseas consumer body, file a report at www.econsumer.gov
Step 4: If you still haven’t resolved the issue after this, you should get independent legal advice. You can contact the Legal Aid Office in your state or territory.
I’ve bought something on Gumtree/a swap-meet site and there’s a problem with it – can I get my money back?
you buy something on Gumtree from a random individual who doesn’t
usually sell things, you aren’t covered by the Australian Consumer Law.
This is the case with many Gumtree purchases where the person is just
getting rid of an old couch, but they don’t run a couch shop.
Even though you’re not covered by the Australian Consumer Law, you are still covered by the general law of contract. This is because when you buy goods or services through a private sale, you are making a contract with the other person. The law says that the seller must follow the contract by providing you with the item you have purchased. So, there are things you can do if the thing you bought isn’t what you were told it was. Here are the steps:
Step 1: Contact the seller
Send an email, SMS or call the seller and politely explain your position.
- Make sure that all communications you send to the seller are polite and cordial. If the situation gets worse, you need to be able to show that you were calm and reasonable.
- It is a good idea to make sure you do not communicate with the seller too frequently, or at an unreasonable time of day (if you are calling or SMSing the seller).
- It’s important that you keep a copy of all SMSes, emails, and notes from phone calls with the date and time.
Step 2: Report to Gumtree
If the seller has been fraudulent and lied about what they were giving you, you can report it to Gumtree, but they will probably tell you to go and talk to the police You can report to Gumtree at
https://help.gumtree.com.au/index.php?a=add - you can choose Report>Scam/Fraud and send through all the information you have about the ad (including the ad number, if you have it) and/or the email address of the seller so that Gumtree can look into it.
Step 3: If you have paid through PayPal or a credit card, lodge a dispute with them. If the seller continues to refuse to refund the money, you can lodge a dispute with Paypal at https://www.paypal.com/au/webapps/helpcenter/helphub/article/?solutionId=FAQ1357&topicID=&m=ARA
Step 4: Get legal advice about suing the seller
If you buy something at a meet up or on Gumtree and it doesn’t work as the seller promised, you may be able to take legal action against the person in your local small claims court or a consumer tribunal. To find out more about this, contact the Legal Aid Office in your state or territory.
Keep in mind that there are tight time limits for suing someone, so you should speak to a lawyer as soon as possible!
Sometimes the agreements are for a small value and you need to think about whether it's worthwhile to bother with legal action. You may not know the name or contact details of the person/people you bought from. However even if you don't want to go to court, a lawyer at Legal Aid may be able to write a letter to the seller convincing him to send you the item or give you your money back.
Step 5: Report to police
If you think the seller has scammed you and stolen your money, you can also report this to the police. The seller might have committed a crime. Crimes will vary from state to state, however it may fall within the crime of obtaining financial advantage by deception.
You should provide the police with any evidence you have, including the ad, bank statements or receipts that show that money was transferred, and your communications with the seller.
You can make a police report by going to your local police station. You can find your local police station at:
When you go to put in a police report, it’s a good idea to bring:
- copies of any receipts and bank statements
- any email, text or phone calls between you and other person
- If relevant, the ad reference number or a printed copy of the ad on Gumtree
- what steps you have taken to try and resolve the issue
Tell the police to put in a law enforcement request to Gumtree so they can get information about the seller. They can do this here: https://help.gumtree.com.au/knowledgebase.php?article=64
Staying safe with online shopping
- Use a credit card or Paypal: These services offer protection in case the product isn’t delivered or there’s something wrong with it.
- Don’t ever pay with a bank transfer or Western Union/Moneygram Services. There’s no protection if something goes wrong!
- Extra fees: watch out for currency conversion fees, or credit card fees!
- Security: Is the site secure? Does it have a padlock and does it begin with https://
- Is it a scam? Is there a real address and phone number and a “contact us” page for questions, disputes, complaints, exchanges and refunds?
take someone (preferably an adult) with you to look at an item and have
someone at home if the buyer/seller is coming to you.
- If you are the seller, do not send or part with any item until you have received the money.
- Look very carefully at the item and ask lots of questions before buying it
- Gumtree does NOT have any protection programs (ignore emails or suggestions that says they do)
- Keep copies of all your emails, receipts and text messages – you may need them to report to police or to sue the buyer.
Buying a phone is one of the most common contracts for teens to get into. For more information on this, check our pages on Mobile Phones.
More InformationPartyForYourRights – want to learn about your rights with a fun online game? Go to www.partyforyourrights.vic.gov.au.
It’s addictive, fun and will give you the confidence to know when you have rights to take things back to the shop.
This page was last updated on 19 June 2015.
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