Consumers have the right to expect the products they buy will meet the following consumer guarantees.

On this page:

• Acceptable quality
• Fit for purpose
• Clear title
• Match description or sample
• Repairs and spare parts
• Products not covered
• Returning products 

Acceptable quality

Acceptable quality means the product is

• be safe and free from defects
• acceptable in appearance and finish and
• does the job it is usually used for.
• Does not break down sooner than reasonably expected (what is considered ‘reasonable’ depends on the product)

When purchasing second-hand products, the age and price of the product should be taken into account.

When it does not apply

Consumers may not be entitled to a remedy if they:

• were informed about defects or buy products with known issues
• checked the product before buying and missed obvious defects
• used the product in a way it was not meant to be used (e.g., dropped a phone in water)

There are no rules to decide if a product is of acceptable quality or how long it should last. To help decide, compare it to similar products and think about:.

• what the product is, what it is made of and how it was made
• the price paid (is it a cheap, mid-range or expensive model)
• reputation of manufacturer (is the brand known to be high quality),
• any claims by the seller or manufacturer said about its quality or how long it would last for
• the age of the product
• if the product was new or second-hand

For more information

The following ACCC guides help in deciding if a product meets the ‘durable’ or ‘safe’ parts of the consumer guarantee of acceptable quality.

• Guidance on the consumer guarantee as to acceptable quality and ‘durability’
• Guidance on the consumer guarantee as to acceptable quality and ‘safe’

Products damaged in transit

If a product is damaged during transit it will not meet acceptable quality standards. The seller is responsible for addressing the issue with the delivery company. See more on Product missing or damaged in transit page.

Fit for purpose

A consumer should expect the product will be fit for any purpose.

This guarantee applies when:

• a consumer tells a business they want to use a product for a particular purpose
• the consumer buys the product based on the advice of the business
• the business advertises the product can be used for a particular purpose.

When it does not apply

Consumers may not be entitled to a remedy if:

• the product was bought at auction[
• if the business tells the consumer the product won’t meet their purpose, but the consumer buys the product anyway.
• the consumer did not inform the business about what they wanted the product to do before buying it.
• it was unreasonable for the consumer to rely on the seller’s skill or judgment in the given circumstances.  E.g. advice from a trainee or receptionist for a large company

Clear title

When a consumer buys a product, they have a right to expect:

• they have full ownership of the product
• nobody will try to reclaim or repossess the product
• nobody will try to prevent them from using the product
• the previous owner doesn’t owe money for the product.

The business must tell the consumer if any of these are not true before they buy the product.

When it does not apply

Consumers may not be entitled to a remedy if:

• the seller had limited title and the told the consumer about it
• they were informed about claims or charges before purchase
• a lease or rental period has expired. 

Match the description or sample

A product must match any description given to the consumer either written or spoken. This includes advertising, on a website or in-store.

The product must also match any samples or demonstration models shown to the consumer.

Samples are small portions of a product which the consumer can use to test the product. Consumer can usually keep the sample for free. Examples include beauty product sachets, mini perfumes or food.

Demonstration models are used for display purposes and can be sold. These are usually for larger products like cars, TVs, furniture, and cars.

Hidden defects

If a consumer buys a product based on a sample or demonstration models, it must not have hidden defects. This means the product must have the same quality and features as the sample or demonstration model.

A hidden defect means the problem would:

• make the product of unacceptable quality, and

• not be noticed by the consumer on inspection.

Unavoidable differences

This guarantee applies even if the differences are unavoidable, as long as they are substantial differences.

Reasonable time to compare

The consumer must be given a reasonable amount of time to compare the product with the original sample. This does not apply to demonstration models.

When it does not apply

Consumers may not be entitled to a remedy if they:

• bought the product at auction
• were informed about defects or buy items with known issues
• had the chance to inspect the goods before buying and missed obvious defects

Repairs and spare parts

Manufacturers must provide spare parts and repair services for a reasonable time after purchase. If the manufacturer isn’t in Australia, the importer takes on this responsibility.

‘Reasonable time’ depends on the type of product. For instance, car tyres should be available for many years, but spare parts for a cheap toy might not be.

When it does not apply

The consumer may not be entitled to a remedy if the consumer was told that parts and repairs would not be available after a certain time:

• in writing
• before or at the time of purchase.

Products not covered

These guarantees do not apply when products:

• were purchased before 1 January 2011
• cost more than $100,000 and are for commercial use
• were purchased from private sellers in one-off sales, like garage sales
• were purchased at auction
• were purchased for resale, manufacturing, or use in business operations 

Returning products: remedies

If a product does not meet a consumer guarantee, the consumer can contact the business first. See our advice on contacting a business which includes sample letters.

The consumer may be entitled to a remedy such as a repair, replacement, refund, cancellation and/or compensation for damages. The type of remedy the consumer is entitled to depends on whether the problem with the product is considered a major or minor failure.