Many of us know we have rights under the Australian Consumer Law (ACL) when it comes to buying products or services that turn out to be faulty or not what we paid for.
But if you’re not exactly sure just what those consumer rights are, it can be hard to get what you’re entitled to.
World Consumer Rights Day is celebrated each year on 15 March, and the theme for 2026 is ‘Safe Products, Confident Consumers’.
To help you be a confident consumer, here are nine things you need to know to successfully exercise your rights.
1. You don’t always get to choose between a repair, replacement or refund
In most cases extended warranties are unnecessary.
When a product or service fails to meet a consumer guarantee, the seller has to remedy the situation.
You may be entitled to a repair, replacement, refund or compensation – but which solutions are available to you depends on how serious the problem is.
Major problem
If there’s a major issue with the product or service, you have the right to ask for your choice of a repair, replacement or refund. If you want a refund, the seller can’t make you accept a credit note, exchange or replacement.
You can also choose to keep the product but be compensated for the drop in value caused by the issue.
Minor problem
If the issue can be fixed within a reasonable time, it’s classed as a minor problem. The business must fix the problem or repair the product for free.
With minor problems, you can ask for your preferred remedy, but ultimately it’s up to the retailer to decide whether to offer a repair, refund or replacement.
CHOICE tip: The ACCC’s Repair, replace, refund problem solver can help you understand your consumer rights for a specific purchase, and offer steps you can take to resolve a problem.
2. Two or more minor problems can equal a major problem
In December 2020, the ACL was amended to say that if a product has two or more minor problems that would stop someone buying it if they knew about them beforehand, it’s considered a major problem.
If a product has two or more minor problems… it’s considered a major problem
(These problems don’t need to relate to the same consumer guarantee.)
This important clarification gives weight to your right to ask for your choice of repair, refund or replacement if you’ve experienced two or more minor issues with your purchase.
4. Items bought before 2011 aren’t necessarily covered
The consumer guarantees that ensure your rights under the ACL only apply to products or services bought on or after 1 January 2011.
But you may still have rights under the previous Trade Practices Act. Products or services bought before 1 January 2011 must meet the statutory conditions or warranties that were valid at the time.
If they don’t, you may be entitled to a remedy from the seller.
5. You don’t have to sign away your rights to get a refund
You don’t have to sign an NDA to claim your rights to a repair, refund or replacement.
Over the years, CHOICE has heard many cases of companies asking people to sign a non-disclosure agreement (NDA) in order to get a refund, repair or replacement.
If you sign an NDA, you’re waiving your right to tell anyone about the problem and what the business did to fix it, and to publicly criticise the company.
But you don’t have to sign an NDA as a condition for accessing your consumer rights.
There may be a valid reason to sign an NDA when settling a dispute with a seller, but a company must not make misleading claims that your rights under the ACL are contingent on you signing one.
Many of us have seen signs saying “no refund” or “no refund or exchange on sale items” in stores.
These are actually unlawful as they imply that you can’t get a refund under any circumstances, when in fact the ACL says you are entitled to a remedy for a faulty product.
However, signs that state “No refunds will be given if you have simply changed your mind” are acceptable.
7. I’ve changed my mind; what are my rights?
Consumer guarantees don’t apply if you’ve changed your mind, found it cheaper elsewhere, realised you don’t actually like it or have no use for it.
Businesses are only obligated to refund or replace the item if it’s faulty.
However many retailers will issue refunds as a sign of goodwill, so it’s always worth checking a store’s policy before buying something and to find out whether you need the original packaging and receipt for a change of mind refund or exchange.
8. You may be entitled to recover postage or transportation costs for returns
If you think there’s a problem with a product and it can easily be returned via post or courier, keep your receipts, as you can ask to be reimbursed for the cost.
If the product is large, heavy or difficult to move, it’s the seller’s responsibility to both organise and pay for the shipping.
If the product is large, heavy or difficult to move, it’s the seller’s responsibility to both organise and pay for the shipping
However, if the product is found to not have a problem, you may need to cover the costs of both the return and the inspection.
Marianna worked at CHOICE from 2017–2022, writing and editing content on a range of different consumer issues as both a content editor and commissioning editor.
She's conducted in-house taste tests for non-alcoholic wines, uncovered which is the best reusable water bottle, looked at the amount of sweet ingredients in infant foods, and analysed the contents of chocolate variety boxes to find out which are best for caramel lovers, fruit-goo fans and more.
She previously worked for a range of publications in both Australia and the UK including the BBC's Radio Times, The Guardian, The Sun, The Sunday Telegraph and Cosmopolitan.
You can find her on LinkedIn.
Marianna worked at CHOICE from 2017–2022, writing and editing content on a range of different consumer issues as both a content editor and commissioning editor.
She's conducted in-house taste tests for non-alcoholic wines, uncovered which is the best reusable water bottle, looked at the amount of sweet ingredients in infant foods, and analysed the contents of chocolate variety boxes to find out which are best for caramel lovers, fruit-goo fans and more.
She previously worked for a range of publications in both Australia and the UK including the BBC's Radio Times, The Guardian, The Sun, The Sunday Telegraph and Cosmopolitan.
You can find her on LinkedIn.
Margaret Rafferty joined CHOICE in 2018 as a Content editor and since then has filled the roles of Commissioning editor, Managing editor and now Editorial consultant. Margaret has written on a wide variety of topics and enjoys making complex subjects easy to understand. With over 20 years of media experience, Margaret brings a strong storytelling background to CHOICE. She works closely with people across the organisation to help tell stories that make a positive difference to people and is passionate about uncovering bad practices and helping Australians to avoid falling victim to shonky products and services.
Find Margaret on LinkedIn.
Margaret Rafferty joined CHOICE in 2018 as a Content editor and since then has filled the roles of Commissioning editor, Managing editor and now Editorial consultant. Margaret has written on a wide variety of topics and enjoys making complex subjects easy to understand. With over 20 years of media experience, Margaret brings a strong storytelling background to CHOICE. She works closely with people across the organisation to help tell stories that make a positive difference to people and is passionate about uncovering bad practices and helping Australians to avoid falling victim to shonky products and services.
Find Margaret on LinkedIn.
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