As the cost of living continues to rise, it’s more important than ever to know our rights as consumers and be able to assert them. Most products and services we buy are guaranteed under the Australian Consumer Law to work properly and to do what the advertising or salesperson said they would do. But unfortunately we all know the disappointment of purchasing a product and having it fall apart or stop working within a short period of time.
Following a simple process can usually help you resolve an issue – e.g. by getting a refund, repair or exchange - and ensure you receive value for your hard-earned money.
Keep records
When you buy something, it’s a good idea to keep a photo or scan of your receipt as well as the physical one. Receipts can fade over time, but you’ll usually need to show the receipt or other proof of purchase if a problem arises. It’s also a good idea to keep copies of booking confirmations, written quotes, contracts and emails relating to a purchase.
Note the date, time and name of the people you deal with before and after you agree to buy.
Stay calm and talk to the trader
Politely explain your problem directly to the business in the first instance. Understanding your rights will help you to feel more confident in approaching the trader. For example, consumer guarantees mean that you can choose whether you want to receive a refund or have the item repaired or replaced if there is a major fault with a product. You can read up on your consumer rights at www.sa.gov.au/consumerrights.
Be prepared to negotiate with the business but also remain firm on obtaining an outcome. Many complaints can be resolved in this first step.
If you are still having problems
Check the business’s website to see what information is provided about their complaints process and how to return a product to them. It’s usually best at this point to make a written complaint to the business explaining the issue and requesting a remedy. Keep copies of letters or emails you send and retain your original receipts, contracts and warranty documentation.
When all else fails
If you’ve reached the end of the trader’s complaints process and you don’t feel they have resolved your problem, contact Consumer and Business Services (CBS) on 131 882 for advice or visit SA.GOV - consumer complaints and advice.
CBS takes all consumer complaints seriously and is particularly keen to hear from consumers who’ve had issues in relation to any of the following areas. These are the priorities where CBS is focusing its compliance and enforcement efforts this year:
- Australian Consumer Law – product safety and unconscionable conduct in relation to pricing
- Fuel pricing – petrol stations not reporting changes to fuel prices within 30 minutes and not reporting when fuel is unavailable
- Building work – taking payment but not completing the work, and any unlicensed activity by builders and tradespeople
- Second-hand vehicles – unlicensed sellers and odometer tampering
- Real estate – misrepresentation about the price of properties for sale and also trust account breaches
- Casino and gambling – to reduce gambling related harm and minimise the influence of organised criminal activity in the gambling sector.
Helping consumers to resolve a complaint is a key part of CBS’s work, but the action doesn’t always stop there. Depending on the seriousness of the breach or the risk to consumers, CBS can take compliance and enforcement action which might include issuing a formal warning to the business, publicly naming them, issuing an expiation notice or taking court action.
Read more about CBS’ compliance priorities.
For more information
See more helpful tips about your rights in The Savvy Consumer guide and contact CBS if you need further advice.