When the law meets shopping

The law can intersect with life in many ways

Issues with what you purchase can be legal problems, even when we don't think of them as legal. See below some common issues that may arise when shopping and where you can go for help.

Common problems

Faulty products and poor service

If you have been sold a product that is faulty, the product or service must offer you a solution. This typically comes as a repair, refund or replacement. The business does have the right to assess the product or service before they offer a solution.

Businesses can’t take away a your right to a refund or replacement for faulty products or services. In fact, it’s illegal for businesses to rely on store policies or terms and conditions which deny these rights. For example, policies that say ‘no refunds’ or ‘no refunds or exchanges on sale items’ are not legal if the product is faulty.

Consumer rights

Businesses must meet a set of basic rights when they sell you products or services. These are called consumer guarantees. Whenever you purchase a product or service you are always covered by these rights.

Your rights include the product being of acceptable quality, that it matches the description and is fit for a particular purpose. For services, the business must provide due care and skill, fit for the particular purpose and in a reasonable time.

Complaints

If you have a problem with a product or service, always contact the business first to explain the problem and the outcome you want. Do this as soon as possible. Often, a single phone call or visit can fix the problem. You can also write a complaint letter to the business.

If you cannot reach a resolution, you can complain to the Australian Competition and Consumer Commission (ACCC).

Find the right help

If you don’t reach a resolution after contacting the business, here’s legal resources that may help you resolve your problem.

Find legal help for shopping

There are dedicated legal assistance services for issues with shopping.

If you have a consumer issue with a business, report it to the Australian Competition and Consumer Commission (ACCC).

The ACCC also have a problem solver to help you understand the consumer rights for your specific purchase.

The Consumer Action Law Centre gives free legal advice and representation to vulnerable and disadvantaged consumers across Victoria.

Financial Rights Leegal Centre runs a service that has fact sheets and sample letters that may help you resolve your disputes.

If you have a dispute about goods or services that you bought or sold, the Victorian Civil and Administrative Tribunal may be able to hear your case.

Other legal services

You can find legal information and may be eligible for free legal advice from Victoria Legal Aid or from your local community legal centre

Otherwise, you can seek help from a private lawyer using the Find Your Lawyer Referral Service. All law firms included in the service provide a free 30-minute interview.