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This is a reply I got from the ACCC
The ACCC is responsible for administering the Competition and Consumer
Act 2010 which incorporates the Australian Consumer Law (ACL) in
Schedule 2 of that Act. The ACL is a single national law which aims to
protect consumers and ensure fair trading in Australia. Under the ACL,
consumers have the same protections, and businesses have the same
obligations and responsibilities across Australia.
The ACL provides all consumers with certain guarantees when they
purchase goods and services. These are known as the consumer guarantees.
The consumer guarantees outline the circumstances in which a business is
required to provide a remedy to a consumer.
If a good or service does not meet any of the consumer guarantees, then
the consumer may take action to obtain a remedy from the seller, service
provider or manufacturer/importer -for example, a refund, replacement,
repair or having an unsatisfactory service performed again. If the
guarantees have been met, the consumer guarantees do not require
businesses to provide a remedy.
Many businesses choose to offer extra warranties or promises-often
called voluntary or extended warranties-in relation to their goods or
services. However, consumer guarantees automatically apply regardless of
any voluntary or extended warranty given by a seller or manufacturer of
goods. The guarantees also have no set time limit-depending on the type
and quality of the good, businesses may be obligated to provide a remedy
after any voluntary or extended warranty, for example a manufacturer's
warranty, has expired.
WHAT PROTECTIONS CONSUMER GUARANTEES PROVIDE YOU WITH
Consumer guarantees require that:
* goods are of acceptable quality
* goods are fit for their specified purpose
* goods match the description, sample or demonstration model
provided
* express warranties that are provided by the trader are met
* consumers have clear title to the goods, free from securities
and charges and undisturbed possession.
WHAT REMEDIES ARE AVAILABLE
If a good fails to meet any of the guarantees listed above or a seller
fails to meet their obligations, the consumer is entitled to a
remedy-either a repair, replacement, refund or compensation for any drop
in value from the original price paid-depending on the circumstances.
Generally, sellers will be able to choose whether they remedy the
problem with a replacement, repair or refund. However, if the problem is
major or cannot be or is not fixed within a reasonable time, the
consumer may choose between a refund, replacement, or compensation for
the goods' drop in value.
WHAT ACTION CAN YOU TAKE
If you feel that the good that the online supplier has supplied does not
meet your consumer guarantees, you should first attempt to negotiate a
remedy with the seller. More information on writing a complaint letter
(or "letter of demand") is available on the ACCC website
<http://www.accc.gov.au/content/index.phtml/itemId/815362> .
The ACCC does not offer an individual dispute resolution service;
therefore, if you wish to pursue a remedy for breach of a consumer
guarantee, and you are unable to resolve this matter with the online
supplier through either verbal or written communications, you may wish
to contact the Fair Trading Office that the online seller is registered.
Local fair trading or consumer affairs agencies can suggest a range of
strategies that you may wish to explore to resolve your concerns. They
can also provide information on how to make a claim through the small
claims court or tribunal should this become necessary.
More information regarding consumer guarantees is available in the ACCC
publication, Consumer Guarantees - a guide for consumers
<http://www.accc.gov.au/content/item....odeId=963f13f0
6c06feab683324a148626849&fn=Consumer%20guarantees% 20a%20guide%20for%20co
nsumers.pdf> .
Thank you for contacting the ACCC. I trust this information is of
assistance.
The ACCC is responsible for administering the Competition and Consumer
Act 2010 which incorporates the Australian Consumer Law (ACL) in
Schedule 2 of that Act. The ACL is a single national law which aims to
protect consumers and ensure fair trading in Australia. Under the ACL,
consumers have the same protections, and businesses have the same
obligations and responsibilities across Australia.
The ACL provides all consumers with certain guarantees when they
purchase goods and services. These are known as the consumer guarantees.
The consumer guarantees outline the circumstances in which a business is
required to provide a remedy to a consumer.
If a good or service does not meet any of the consumer guarantees, then
the consumer may take action to obtain a remedy from the seller, service
provider or manufacturer/importer -for example, a refund, replacement,
repair or having an unsatisfactory service performed again. If the
guarantees have been met, the consumer guarantees do not require
businesses to provide a remedy.
Many businesses choose to offer extra warranties or promises-often
called voluntary or extended warranties-in relation to their goods or
services. However, consumer guarantees automatically apply regardless of
any voluntary or extended warranty given by a seller or manufacturer of
goods. The guarantees also have no set time limit-depending on the type
and quality of the good, businesses may be obligated to provide a remedy
after any voluntary or extended warranty, for example a manufacturer's
warranty, has expired.
WHAT PROTECTIONS CONSUMER GUARANTEES PROVIDE YOU WITH
Consumer guarantees require that:
* goods are of acceptable quality
* goods are fit for their specified purpose
* goods match the description, sample or demonstration model
provided
* express warranties that are provided by the trader are met
* consumers have clear title to the goods, free from securities
and charges and undisturbed possession.
WHAT REMEDIES ARE AVAILABLE
If a good fails to meet any of the guarantees listed above or a seller
fails to meet their obligations, the consumer is entitled to a
remedy-either a repair, replacement, refund or compensation for any drop
in value from the original price paid-depending on the circumstances.
Generally, sellers will be able to choose whether they remedy the
problem with a replacement, repair or refund. However, if the problem is
major or cannot be or is not fixed within a reasonable time, the
consumer may choose between a refund, replacement, or compensation for
the goods' drop in value.
WHAT ACTION CAN YOU TAKE
If you feel that the good that the online supplier has supplied does not
meet your consumer guarantees, you should first attempt to negotiate a
remedy with the seller. More information on writing a complaint letter
(or "letter of demand") is available on the ACCC website
<http://www.accc.gov.au/content/index.phtml/itemId/815362> .
The ACCC does not offer an individual dispute resolution service;
therefore, if you wish to pursue a remedy for breach of a consumer
guarantee, and you are unable to resolve this matter with the online
supplier through either verbal or written communications, you may wish
to contact the Fair Trading Office that the online seller is registered.
Local fair trading or consumer affairs agencies can suggest a range of
strategies that you may wish to explore to resolve your concerns. They
can also provide information on how to make a claim through the small
claims court or tribunal should this become necessary.
More information regarding consumer guarantees is available in the ACCC
publication, Consumer Guarantees - a guide for consumers
<http://www.accc.gov.au/content/item....odeId=963f13f0
6c06feab683324a148626849&fn=Consumer%20guarantees% 20a%20guide%20for%20co
nsumers.pdf> .
Thank you for contacting the ACCC. I trust this information is of
assistance.
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