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Skip BreadcrumbHome > Publications > Factsheets and guides > Guides > Small Claims Tribunal - a consumer guide > What are my legal rights when I buy goods or services?

What are my legal rights when I buy goods or services?

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Do I have a warranty?

The law protects consumers when they buy goods by implying certain basic warranties. This means the goods or services you buy must:

  • be of a reasonable quality to be sold
  • do the job the trader said they would or they were advertised to do
  • match any description or sample given
  • be free from defects
  • have spare parts and repairs available unless otherwise advised.

The trader can provide you with extra warranties, but by law the goods already have these basic implied warranties.

Secondhand goods may not have to meet the same standards as new goods - it depends how they were sold.

Can I ask for a refund?

If an implied warranty has been breached you are legally entitled to a refund (even if there is a sign saying 'no refund').

For example, you are entitled to a refund if the goods:

  • are faulty, damaged, broken or will not work and you did not know about this when you bought them and did not cause the fault/damage/breakage yourself
  • are unfit for the purpose they were sold for (this means the item will not do what it is supposed to do)
  • are different to the description you were given (for example, the 'leather' lounge you bought is in fact vinyl)
  • do not comply with the sample you were shown.

 

Last updated 31 May 2008


If something you bought is broken, damaged or different to the sample you were shown, you are legally entitled to a refund.