Consumer Law & Misleading Conduct Lawyers Melbourne

Understanding what counts as a 'major failure' determines what remedy you're entitled to. A major failure occurs when a product:

• Has a problem that would have stopped someone from buying it if they’d known about it.
• Is significantly different from the sample or description.
• Is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time.
• Is unsafe.

The Australian Consumer Law gives you strong protections as a consumer — here's what you're entitled to. Under the ACL, consumers are entitled to certain guarantees when purchasing goods and services, including that products are of acceptable quality, fit for a particular purpose, match descriptions, and come with clear title. Services must be provided with due care and skill, be fit for the specified purpose, and delivered within a reasonable time.

Here's what the ACL actually is and why it matters for you. The Australian Consumer Law (ACL) is a uniform set of consumer protection laws applicable across Australia. It is incorporated into the Competition and Consumer Act 2010 and provides consumers with rights and protections when purchasing goods and services.

To make a claim:

• Contact the seller or service provider directly.
• Explain the issue and specify the desired remedy (repair, replacement, or refund).
• Provide proof of purchase, such as a receipt.

If unresolved, consumers can escalate the matter to their state or territory consumer protection agency.

If a product does not meet consumer guarantees, remedies may include:

• Repair: Fixing the defect.
• Replacement: Providing a new product.
• Refund: Returning the purchase price.

The appropriate remedy depends on whether the failure is major or minor.

Yes, second-hand goods sold by businesses are covered by the ACL. However, the guarantees may take into account the age and condition of the goods at the time of purchase.

Yes, consumer guarantees apply to online purchases, including those from overseas businesses that sell directly to Australian consumers. The ACL ensures that consumers have the same rights online as they do in physical stores.

The Australian Competition and Consumer Commission (ACCC) enforces the ACL and promotes fair trading. It provides guidance to consumers and businesses, investigates alleged breaches, and can take legal action against entities that contravene the law.

No, businesses cannot limit or exclude consumer guarantees. Any term in a contract that attempts to do so is void and unenforceable under the ACL.

'Unconscionable conduct' refers to actions that are so harsh or oppressive that they go against good conscience. Under the ACL, businesses must not engage in conduct that is unconscionable when dealing with consumers or other businesses.