Your Rights As A Consumer

With all the shopping that goes on not just during the holiday season, but throughout each year, there are a lot of purchases that are made where products are either faulty, not what the consumer thought they were, or the consumer simply changes their mind.

And a lot of the time people just can't be bothered or are too embarrassed to go back for refunds, especially if it's just $10 or $15 here and there.

But all those small amounts add up.

If you went back and added up the cost of all the things you haven't returned (for whatever reason), you'd be kicking yourself. Just think of all the money you could have saved!

That's why it's important that you know your rights as a consumer, because you never know when you may have to put your foot down. That's why Cash Doctors has put together some information for you, the consumer, so you won't get ripped off and you can save your hard earned money!

So here goes...

STATUTORY RIGHTS

As a consumer of goods and services, by law you have statutory rights. These rights cannot be refused by a goods or service provider.

For example:

• As soon as you have purchased a product, it is yours outright.
• Products must be of "merchantable" quality at the time of purchase (i.e. the basic level of quality and performance expected for their price and description is met). Descriptions must match the product.
• The product must carry out all functions that both the product and the seller states.
• When using a service, it must be provided with skill and care, and any resources supplied for this service must be fit for the purpose intended.

It is important to note that if the product you buy does not meet your statutory rights (e.g. If it's faulty), the store must provide the refund/credit/exchange, not the manufacturer.   So even if the store displays a "No Refunds" sign, you are still entitled to a refund if the above criteria are not met.

But of course with rights, there also come responsibilities. For example if you have requested a specific way in which a service is provided, or you did not make it clear what you wanted, then your implied rights may not apply. This is also the case if the purchase of goods involves transportation or storage of those goods for business purposes.

The above laws apply to the purchasing of second hand goods, however only the outright ownership law applies to items bought at an auction.

So we've already covered what entitles you to a refund, but when are you NOT entitled to a refund?

Well it's pretty simple. If you buy the wrong thing, find it somewhere else for a cheaper price, you broke it, or you just change your mind then you are not eligible for a refund. However some businesses do allow you to return items under these circumstances, it just depends on the business' policies and/or guarantees.

As a rule of thumb, when it comes to seeking refunds, exchanges, or store credits, it is a much easier process when you still have the receipt. Although under your statutory rights you do have the right to seek a refund without a receipt.

(Handy hint: If you have lost or thrown away your receipt, get a record of your credit card or bank statement with details of the purchase!)

WARRANTIES

When purchasing goods such as electronics and white ware, retailers will often encourage the purchase of an extended warranty. According to the Australian Competition and Consumer Commission, these 'warranties' are actually insurance or service contracts.

If you do decide to purchase an extended 'warranty', make sure the benefits are worth paying extra for and that you are not just paying more for what you are already eligible for under your statutory rights or the store's guarantees.

LAY-BYS

When it comes to lay-bys, the terms and conditions differ from business to business, so make sure these are explained to you before signing anything. But what do you need to know?

• a complete description of the product
• the total price
• how much you can pay/have to pay for your deposit, and how much you have outstanding after your deposit
• due dates for repayments
• if any fees apply (e.g. if you were to cancel your lay-by) and how they are calculated
• the company's details   (e.g. name, address etc)
• any other terms or conditions the store may have

Like any other product, goods bought under a lay-by agreement are subject to the same conditions as products bought under any other circumstance.

If your lay-by is giving you grief financially, get in contact with the company/shop you have the lay-by with. More often than not they will be willing to come to some kind of arrangement that suits you. After all, they want your money so they'll probably be willing to negotiate to get it!!!

ONLINE SHOPPING

Online shopping is great option for people on the go. You can do it from the comfort of your own home with delivery available on most products.

• With convenience at an all time high, the amount of people partaking in this form of shopping is increasing every day - along with the risks. This is why there are a few things you should remember when shopping online. Make sure the person/company you're buying from is legitimate - look for contact details or ABN for confirmation
• Make certain you know the entire cost of what you're purchasing
• Check any terms and conditions thoroughly so you've got all the information you need - what are the refund policies, warranties etc.
• Make sure the product you're buying is exactly what you're looking for (that way you'll be free of any nasty surprises when it arrives)
• Keep a record of any contracts and forms you've filled out online
• Double check your orders (and maybe even triple check just to be safe!)
• Make sure any transactions you do are secure.   If a transaction is secure, it will be stated on the web page with a security icon or logo and/or a security statement. Unfortunately these things can be easy to replicate, but it is best to check nonetheless.

(Handy hint: if the web page's URL starts with https:// rather than just http:// then it is secure)

So there you have it - a zillion and one tid-bits of information that can keep you at least one step ahead of the retailers.

So if you have bought something that isn't up to standard, don't just brush it off or be too embarrassed to do something about it - put your foot down and get your hard earned money back!

Cash Doctors Articles