Transcript
Ever bought something that didn’t quite work out—like a gift that was the wrong size, or a trip you couldn’t take because you got sick at the last minute?
It can be frustrating, especially if you don’t know your rights.
Under the Australian Consumer Law (or ACL), you’re covered if there’s a fault with your purchase—like it doesn’t work, isn’t fit for its purpose, or doesn’t match the description.
Change of mind
However, when the product or service isn't faulty but no longer suits you - like buying the wrong gift or getting sick before your holiday - these are what we call a ‘change of mind’ and the ACL doesn’t apply.
You might think, 'But I didn’t change my mind,' and that’s understandable. When we’re talking about the ACL, 'change of mind' means you got what you asked for but can’t use it or don’t want it, and the business isn’t responsible for that change in circumstance.
Let’s look at some examples.
Say you bought some curtains, and you want to take them back because:
- they arrived damaged. That’s covered by the ACL.
- you don’t like how they look once they’re hung up. That’s a change of mind.
- you ordered grey curtains but got blue. That’s covered by the ACL.
- you ordered them 15cm too short. Oops! That’s a change of mind.
- they arrived 15cm shorter than what you ordered. The ACL applies.
- you found them cheaper somewhere else. That’s a change of mind.
Or, say you’ve bought tickets to see your favourite band headline at an event, and you want a refund because:
- the date changed. That’s covered by the ACL.
- the drummer was in an accident so there’s a different headliner. That’s also covered by the ACL.
- you had an accident and can’t attend. That’s a change of mind.
- the event is cancelled due to low ticket sales. That’s covered by the ACL.
- you got stuck in traffic on the way to the event and couldn’t get there. That’s a change of mind.
As you can see, even though some ‘change of mind’ situations may be unexpected or beyond your control, they won’t be covered by the ACL. So your option for a return will depend on whether the business has a change-of-mind policy in place.
Change-of-mind returns
Businesses don’t have to accept change-of-mind returns, but if they do, they can set their own rules, like "no change-of-mind returns on sale items" or "no change-of-mind returns after seven days". And when there is a change-of -mind policy in place, the business has to honour it.
Remember, if there’s a genuine problem with a product or service, the ACL applies. This means businesses can’t hide behind a "no refunds" sign when something goes wrong — in fact, these signs are illegal.
How to protect yourself
So, how can you protect yourself?
Before buying, read reviews, ask questions, and be sure to get exactly what you need.
Check if there’s a change-of-mind policy and what the conditions are. Some businesses might not offer a full refund but offer exchanges or store credit instead.
For services, check the terms and conditions of the contract before buying. And when booking travel, consider travel insurance to cover the unexpected.
Lastly, if something goes wrong and the ACL applies, the business can ask for a proof of purchase, so keep your receipts, order confirmations, and any communication with the seller, just in case.
Summary
When it comes to change-of-mind returns, no one wants to be left holding the bag, so choose carefully and save yourself from being stuck with something you don’t want or need.
For more information on your consumer rights visit our website at consumerprotection.wa.gov.au or give us a call at 1300 30 40 54.