The legal framework
The Australian Consumer Law applies nationally. Goods must be of acceptable quality, fit for purpose and match their description; services must be provided with due care and skill. Where the failure is major, the consumer chooses between a refund, replacement or compensation — and no shop policy can override these guarantees.
Key points
| Cooling-off | No general right; change-of-mind returns are a shop policy |
|---|---|
| Consumer guarantees | Automatic and cannot be excluded by contract |
| Major failure | Consumer chooses refund, replacement or compensation |
| Minor failure | Business may choose to repair, replace or refund |
| No receipt | Any proof of purchase suffices, including a bank statement |
| Overseas sellers | The law applies to businesses supplying into Australia |
| Unfair contract terms | Prohibited, with penalties since 2023 |
| No cooling-off online | There is no general right to change your mind |
In practice
- Pay by a method that allows a chargeback — this is the most effective remedy against a seller who stops responding.
- Keep the order confirmation, the listing as it appeared, and all correspondence.
- Put complaints in writing with a clear deadline before escalating.
- For purchases from abroad, check import duty and tax before ordering: they often exceed the saving.
- Cite the consumer guarantees rather than the warranty: they apply regardless of what the receipt says.
- For a major failure, state clearly that you choose a refund — the choice is yours, not the trader's.
Cost and coverage
Complaints to state fair trading offices are free; tribunals charge small fees.
Recent changes
Penalties for unfair contract terms came into force in 2023, making previously unenforceable terms directly unlawful.
Where to go
- State and territory fair trading or consumer affairs offices.
- Australian Competition and Consumer Commission for systemic issues.
- State civil and administrative tribunals for claims.
Worth knowing
Signs saying 'no refunds' are unlawful in Australia. Consumer guarantees apply regardless of what a store's policy says, and a business cannot contract out of them. No sign saying no refunds has any legal effect. Consumer guarantees are statutory and cannot be excluded, limited or modified.
Official sources and links
- Federal Register of Legislation — Commonwealth law as made and in force
- Services Australia — government services and payments