We’ve all bought a product or service expecting one thing, but then received something different.

For example, a blue kettle arriving when you actually ordered a red toaster, or a gardening service provider not doing certain tasks which you assumed would be part of the deal.

It all goes back to the contract. What did the business promise to you, and what did you get?

Written contracts, or at least a written quote, are usually best so there’s evidence of what was agreed. Make sure you keep copies of all relevant paperwork, e.g., your receipt and online order confirmation. You might also want to take a screenshot of the web page or app showing a photo of the product and any claims made about the product or service.

Your rights

You’re entitled to a remedy – such as a refund, repair, or replacement – if what you receive doesn’t match:

• what they promised to do in the contract
• a demonstration model or sample shown to you
• a statement made in their advertising and promotions
• a claim made on the product’s packaging or in an information sheet supplied with the product.

You’re also entitled to a remedy if:

• the product or service is not supplied in a reasonable time
• the product is faulty
• the service is not provided with acceptable care and skill.

Check the terms and conditions

By going back to the contract and reading the terms and conditions, you might realise that you’d made assumptions about the product or service, when perhaps you shouldn’t have drawn those conclusions.

For example, you may have thought an ironing service involved the business collecting items from your home and delivering them to you after they’d been ironed, when in fact the business does not offer a collection and delivery service and never claimed to offer this.

Of course, it’s important to read the terms and conditions before you sign a contract or click to buy online. It may be possible to change or cancel a contract once you’ve agreed to purchase, but you could be charged reasonable cancellation or alteration costs.

For example, if you sign a contract for a bathroom renovation but then decide you want to add some grab bars or other safety features, contact your builder to discuss whether the builder can accommodate this request and what the extra charge will be. Make sure any contract variations are put in writing.

The price is usually a key factor in deciding whether to go ahead with a particular contract. Any time you’re planning to hire a tradesperson for repairs or renovations, it’s always best to get three quotes.

A business might want to change the contract but should only do this with your consent.

For example, a business that’s been providing home care services to you for the past three years might only want to offer services during the day instead of after hours. If you’re not happy with the new terms or don’t understand them, don’t sign anything, and seek independent advice. If you don’t want to agree to the proposed new terms, you can change providers.

Getting a remedy

If the contract isn’t met, contact the business to explain the problem and ask for a remedy.

For a minor problem, ask the business to fix it. For a major problem, or a problem that can’t be fixed at all or within a reasonable time, you have the right to ask for a refund or replacement. You may need to show proof of purchase when requesting a remedy.

Further information

Read more information about contracts and your rights with refunds and returns, and contact Consumer and Business Services (CBS) if you need further advice.