I have a problem with my goods
Can I get a refund, replacement or other compensation?
On this page:
Who decides?
This is set by law. Whether you get a repair, replacement, refund or other ‘remedy’ depends on whether the problem is:
- a major failure; or
- a minor failure.
You may also be able to claim for compensation for ‘reasonably foreseeable’ costs caused by a problem with goods or services. This is usually for financial costs but can include other costs, such as lost time or productivity. For more information, see claiming compensation for consequential loss.
Major problems with goods
If there is a major failure with the goods, you can:
- reject the goods and get a refund;
- reject the goods and get an identical replacement, or one of similar value if reasonably available; or
- keep the goods and get compensation for the drop in value caused by the problem.
You get to choose, not the supplier or manufacturer.
A major problem with goods is when:
- a reasonable person would not have bought the goods if they had known about the problem. For example, no reasonable person would buy a washing machine if they knew the motor was going to burn out after three months;
- the goods are significantly different from the description, sample or demonstration model shown to you. For example, a person orders a red bicycle from a catalogue, but the bicycle delivered is green;
- the goods are substantially unfit for their normal purpose and cannot easily be made fit, within a reasonable time. For example, a ski jacket is not waterproof because it is made from the wrong material;
- the goods are substantially unfit for a purpose that you told the supplier about, and cannot easily be made fit within a reasonable time. For example, a car is not powerful enough to tow a consumer’s boat because its engine is too small – despite the consumer telling the supplier they needed the car to tow a boat; or
- the goods are unsafe. For example, an electric blanket has faulty wiring.
Minor problems with goods
If the problem can be repaired within a reasonable time, you cannot immediately reject the goods and demand a refund.
You must give the supplier a chance to fix the problem. The supplier may choose to:
- provide a refund;
- replace the goods;
- fix the title to the goods, if this is the problem; or
- repair the goods. It is the supplier’s responsibility to return goods to the manufacturer for repair. If the cost of repairing the goods is more than the value of the goods, they can offer you a replacement instead.