Can I take it back or get a refund?
Your legal right to refunds, replacements, credit notes or repair
Taking things back to the shop
You have a legal right to a 'remedy' when:
- The item has a fault you didn't notice when you bought it;
- The item isn't the same as described by the sales staff or in advertising; or
- The item is not suitable for the purpose for which it was bought (e.g. you are sold software that is not compatible with your computer).
What settlement you receive when you take the goods back depends on what consumer law describes as being "fair and reasonable".
That means you might have to negotiate what you think is an appropriate 'remedy'.
If you are not satisfied with what a trader offers, you can contact Consumer Protection for help or go to the Magistrate's Court.
A Magistrate's decision is binding on both parties. It could include compensation for any transport, travel or freight charges, legal costs, loss of use of the product and even loss of time.
When you can't take things back
Businesses don't have to give you a refund, credit note etc. if:
- You changed your mind about keeping the goods;
- You found you could buy them cheaper elsewhere; or
- You saw the goods before you bought them and should have spotted any obvious faults.
"No refunds" and other signs
Signs saying "No refunds" are illegal and it is against the law for shops to display them. This includes signs that say:
- "No refunds on sale items";
- "No exchanges";
- "Repairs carried out at your own risk";
- "All care but no responsibility taken"; and
- "No responsibility for loss or damage".
This is because such signs suggest you do not have rights that the law clearly says you do have. Even if such signs are on display, you still have the legal rights outlined above.
More appropriate signs would be:
- "Please choose carefully. No refund will be made if you change your mind after purchase."
- "Refunds or exchanges will be made if the product you buy is defective."
The good news for consumers is that many retailers have adopted liberal refund policies. Put simply, they want your business and are prepared to exchange goods or offer credit notes as long as they make a sale. When you choose where to shop, it is worth considering the shop's policy on exchanges.
We have free "Our refund policy" signs (that spell out the law in simple terms) for retailers who wish to use them.