An Australian retailer told you "no refunds, store credit only" or "the manufacturer's warranty is what you get." Both responses are routine, and both routinely ignore the statutory rights you actually have under the Australian Consumer Law (ACL). Here is what those rights are and how to enforce them.
The ACL Sits On Top of Every Retailer Policy
The Australian Consumer Law is Schedule 2 of the Competition and Consumer Act 2010. CCA 2010 Sch.2 It applies to all goods and services sold to consumers in Australia (defined broadly: goods bought for personal use, or any goods up to AUD 100,000). It cannot be contracted out of. A "no refunds" sign is not unlawful in itself, but it cannot override your statutory rights — and saying it implies otherwise can itself be a breach.
Consumer Guarantees Are Automatic
Sections 54–59 of the ACL give you automatic guarantees on every consumer purchase, with no need for a separate warranty or contract: ACL s.54-59
- Acceptable quality (s.54) — safe, durable, free from defects, acceptable in appearance and finish, and fit for the purposes for which goods of that kind are commonly supplied
- Fit for any disclosed purpose (s.55) — if you told the seller why you needed it, it must do that
- Match description (s.56) and any sample or model shown (s.57)
- Repairs and spare parts available for a reasonable time (s.58)
- Comply with express warranties the seller actually made (s.59)
If any of these guarantees fails, the retailer — not the manufacturer — is your first port of call.
"Major Failure" Decides Who Chooses the Remedy
This is the part retailers most often get wrong. Section 260 of the ACL defines a major failure as one where:
- A reasonable consumer, fully aware of the failure, would not have bought the goods, OR
- The goods are substantially unfit for purpose and cannot easily be made fit, OR
- The goods are unsafe
If the failure is major, you choose the remedy: refund, replacement, or keep the goods and claim compensation for the drop in value. ACL s.259 The retailer cannot insist on repair.
If the failure is minor, the retailer gets to choose, and they can offer a free repair within a reasonable time. If the repair fails or takes too long, the failure becomes major and the choice flips back to you.
The Manufacturer's Warranty Is Extra, Not Instead
Express warranties from the manufacturer (e.g. "12-month warranty") sit on top of the ACL guarantees, not in place of them. The reasonable lifespan under s.54 is often longer than the express warranty period — a $2,000 TV that fails after 14 months is almost certainly a breach of the acceptable-quality guarantee, even if the manufacturer's warranty has expired.
What to Say When They Refuse
"Under section 54 of the Australian Consumer Law, the goods I purchased are not of acceptable quality. I am exercising my right under section 259 to a [refund / replacement] for this major failure. Please confirm in writing within 7 days, after which I will lodge a complaint with [your state Fair Trading office]."
Citing the specific sections matters. Generic "I want a refund" emails get form-letter responses. Specific ACL references get routed to a senior manager who knows the company is one ACCC referral away from a serious problem.
Where to Escalate
- State Fair Trading offices — first stop for individual disputes. NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading, Consumer Protection WA, etc. They mediate for free.
- State and Territory tribunals — VCAT (Victoria), NCAT (NSW), QCAT (Queensland), SACAT (SA), ACAT (ACT). Cheap, no lawyers required, claims usually resolved within 6–12 weeks.
- ACCC — accc.gov.au/consumers/complaints. The ACCC does not resolve individual disputes but uses complaints to take systemic enforcement action against repeat offenders.
- Australian Financial Complaints Authority (AFCA) — for disputes about banking, insurance, super, or any financial product.
One More Thing: Refunds Must Be in the Original Form
If you paid by card, the refund must go back to the card. The retailer cannot force you to take store credit when a cash or card refund is the legally required remedy. "Store credit" is only acceptable if both parties agree — and you do not have to.
Related Guides
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