The biggest shopping season of the year is in full swing. From Black Friday to the January sales, one thing stays constant: your consumer rights.
A 50 per cent discount doesn't mean 50 per cent less protection. Even during a big sale, purchases must be fit for purpose, safe, durable and free from defects, and match its description. If it isn’t, you are entitled to a remedy such as a refund, repair or replacement and that’s regardless of the discount received. The type of remedy will depend on whether the issue is major or minor.
Around this time of year, Consumer Protection hears from shoppers who've been told 'sorry, no refunds on sale items' when they try to return something faulty. That's not how the law works. Your automatic guarantees apply whether you paid $10 or $1,000. In fact, ‘no refund’ signs are illegal because they falsely suggest you can't exercise your rights under the Australian Consumer Law (ACL).
However, the ACL doesn’t guarantee you a refund if you simply change your mind or purchase the wrong item, but if the store had this as their policy when the item was bought, they must honour their policy. A generous returns policy that allows change-of-mind returns can be helpful if you’re buying a gift for someone.
Before you commit to spending your money, make sure you compare prices, read reviews and research the product. Not all sales offer genuine value but they must be honest and accurate.
This means retailers are not allowed to mislead you about pricing and availability. The item must have been offered at the pre-sale price for a reasonable period so the discount being advertised is genuine.
Gift cards and vouchers are popular at this time of year and are a great idea for the friend or family member who can be hard to buy for. The card must have a minimum three-year expiry period clearly displayed, and businesses cannot charge post-purchase fees that reduce their value.
Other terms and conditions that come with gift cards can vary for every business, so it’s best to check if there’s any spending limits, how the business will give change if the full amount isn’t spent, which stores accept the voucher (particularly important for shopping centre vouchers), if a lost or stolen card can be replaced and how to check the remaining balance.
If you’re planning on buying a big-ticket item in the sales, don’t forget that extended warranties are optional and may not provide additional rights beyond your automatic consumer guarantees. Ask what extra benefits these warranties actually offer before you hand over any extra money.
And finally, don’t wait until the last minute to place your order if you’re shopping online. Allow extra time for delivery and consider the impact delays could have. No one wants to turn up on Christmas day present-less.
The busy shopping season stretches from November right through to the January sales. That's a lot of opportunities to spend, so it's worth remembering your consumer rights and shopping smartly. Compare prices, research products, and don't let urgency override good judgment.
Consumer Protection is there to help whether you're unsure about a store's refund policy, dealing with delivery delays, or facing a faulty product. Call 1300 30 40 54 or visit consumerprotection.wa.gov.au.