Consumer rights |
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Standards for goods
As a consumer, you have legal rights when you purchase goods and services in Queensland. Goods and services must meet a certain standard or have an appropriate warranty. You are entitled to ask for a refund in certain circumstances.
This applies to:
- goods or services of a type normally bought for personal or household use, whatever the cost
- any other type of goods or services costing $40 000 or less and not for resale.
When you buy goods in Queensland, they must:
- be supplied when you pay for them or by an agreed date
- meet a basic level of quality and performance, given their price and description
- do the job you were told they would do
- match the sample you were shown before you bought them.
Standards for goods do not apply to some transactions, such as private sales, goods bought at auction and some contractual transactions.
When goods don’t meet the standards
If the goods do not meet one of these standards, you are entitled to an exchange, refund or replacement.
When you discover the problem, contact the trader immediately. The trader should help resolve the problem and not simply refer you to the manufacturer.
When goods are faulty
If the goods are faulty, you do not have to return them with original packaging to be entitled to a refund. If you need to return an item, you should return them to the place you bought them.
If you have a valid claim for a refund under your statutory warranty, the trader should also pay your freight costs. If you are seeking a refund under your manufacturer's or extended warranty, you should refer to your warranty documentation to see if you can claim freight costs from the trader.
If you used or benefited from the goods before the fault or problem developed, the trader can negotiate a partial refund or other compensation with you.
When you are not entitled to a refund, repair or exchange
You are not legally entitled to a refund if you:
- decide you no longer want the goods
- realise you cannot afford the goods
- find the same item elsewhere for a cheaper price
- choose the wrong size or colour
- damage the goods after buying them or contribute to their damage
- know (or should know) about a fault when buying the goods
- can't prove you purchased the item from the store (for example, by using a receipt or bank statement that shows the purchase).
Some traders will offer a refund, exchange or store credit in some of these situations as a sign of goodwill.
In this case, they may place conditions on the refund or exchange, such as a fee to repackage the product, or a condition that you return the item within a specific timeframe.
Standards for services
When you buy services in Queensland, the trader must:
- carry out the service you paid for
- carry out the service you asked them to do
- carry out the service with skill and care
- use or supply materials that are reasonably fit for their purpose.
When services don’t meet the standards
If you think a trader has not met these standards, contact them immediately and discuss possible resolutions to the problem.
If you used or benefited from the service before the fault or problem developed, the trader can negotiate a partial refund or other compensation with you.
When you are not entitled to a refund, repair or exchange
You are not legally entitled to a refund or repeat service if you:
- insisted that the trader do the service despite their warning that it may not meet your needs
- took action that voided or damaged the outcomes produced by the service.
Illegal selling practices
The Fair Trading Act 1989 prohibits these misleading and unfair means of selling goods and services.
Using false claims or coercion
It is illegal for sellers to:
- harass or coerce you into buying
- take advantage of your lack of knowledge, disability or other misfortune
- make statements that are wrong, untruthful or misleading.
Using bait advertising or advertising partial prices
It is illegal for sellers to:
- advertise a price using deposit or monthly payments only. They must display the total cash price
- advertise goods or services at lower prices to attract you, but then have only a limited number of goods available or a limited availability to supply services at those prices.
Offering gifts and prizes
It is illegal for sellers to:
- offer gifts and prizes in connection with goods and services with no intention of providing them
- offer gifts or benefits as an incentive to buy, but only provide benefits if the customer refers another person to the business (referral selling).
Related links |
Fair Trading Act 1989 (Office of the Queensland Parliamentary Counsel website) |
Last reviewed 17/08/2009 |
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