Issue Date:  -  Tuesday, 24 December 2002

Your right to a refund.

In the post-Christmas rush to return unwanted gifts to the store, consumers may get a rude shock to find that they are not always entitled to a refund.

Consumer Protection Commissioner Patrick Walker said each Christmas people flock to stores returning unwanted gifts only to find the store is under no obligation to provide a refund.

"There is a common belief that we are always entitled to a refund when we return goods," Mr Walker said.

"Consumers do not have the right to return goods just because they are unsuitable, the wrong size or a duplicate gift.

"Many retailers have generous refund policies and will go beyond their legal obligations to satisfy customers who return goods.

"There are three circumstances where the consumer does have a legal right to a refund of the purchase price:

 - Faulty goods;(eg: electrical product doesn't't work)
 - Goods are not fit for the purpose for which they were sold; (eg: special tool not suitable for the job)
 - Goods turn out to be different to those described when sold (eg: waterproof watch isn't waterproof)

"Consumers returning goods should take proof of purchase, keep the packaging intact, and negotiate calmly with the retailer", he said.

Consumer Protection can be contacted for assistance on 1 300 30 40 54