Know your consumer rights and obligations ahead of the holiday season!
Just before our office closes to celebrate the holiday season, we sign off with a little gift from TLFC.
Whether you are buying, selling or manufacturing goods, here are some of your rights or obligations under the Australian Consumer Law. Australian consumers are protected from unfair business practices and are granted rights when they receive faulty goods or poor-quality services.
The Consumer Guarantees applying to Goods
There are 9 main consumer guarantees that apply to goods sold. These cannot be contracted out of.
Many of your holiday presents gifted and received are goods, so watch out for the below.
As our holiday gift to you, we set out some of the key guarantees:
1. Guarantee as to acceptable quality: The goods must be of “acceptable quality”.
Goods are of acceptable quality if they are as:
(a) fit for all the purposes for which goods of that kind are commonly supplied; and
(b) acceptable in appearance and finish; and
(c) free from defects; and
(d) safe; and
(e) durable;
as a reasonable consumer would regard as acceptable.
2. Guarantee as to fitness for any disclosed purpose: The goods must be reasonably fit for:
(a) a purpose for which the supplier represents they are fit; or
(b) a purpose the buyer makes known to the supplier or manufacturer.
3. Guarantee relating to supply by description: If goods are sold by description, they must match that description.
This guarantee is worthy of noting if you are buying your holiday gifts online. To our online retail clients, take care when describing the goods that you are selling.
4. Guarantee relating to supply by sample or demonstration model: If goods are sold by sample or demonstration model, they must match that sample or model.
5. Guarantee as to repairs and spare parts: The manufacturer of the goods must ensure that spare parts and facilities for repair of the goods are reasonably available. The manufacturer should inform you if spare parts of repair facilities will not be available.
6. Guarantee as to express warranties: Manufacturers and suppliers must comply with any warranties that they provide to buyers.
Any promise made when purchasing your gifts must be upheld, even if the promise goes above and beyond what is ordinarily required by suppliers.
Conclusion / Summary
There may be remedies available should you fall victim to a breach of a guarantee, including a replacement, repair or refund.
So, if your new “linen” beach towel arrives half the advertised size and is made of polyester, or if a return request for a defective present is clearly a result of reckless unwrapping, please reach out to our commercial team, we are back in the office on 15 January 2024.
The principals and staff at Tisher Liner FC Law wish you and your families a happy, safe and prosperous holiday season and new year.
