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Major vs Minor Failure: When You Can Demand a Refund

A major failure lets you choose a refund or replacement; a minor one lets the business repair first. Check yours in 30 seconds.

1. What's wrong?

If you'd known about the problem, would you still have bought it?Can it be fixed easily and quickly?I already asked them to fix it and they didn'tNothing's wrong, I just changed my mind

🔧 Minor failure: the business chooses

The business can choose to repair, replace or refund. It must do this free and within a reasonable time. If it refuses or takes too long, it becomes a major failure and you can choose a refund.

2. Your rights

✔"No refunds" signs are illegal where they suggest you can't get a refund for a faulty item. Store policies can't take away your consumer guarantees.
✔Your rights last for a reasonable time, which can be longer than the manufacturer's warranty, depending on the price and type of product.
✔The shop you bought from must deal with it. They can't send you to the manufacturer.
✔You don't need the original receipt: a bank statement or order confirmation is proof of purchase.
✔Online purchases from Australian businesses have the same rights.

✉️ 3. Your letter

Business nameWhat you boughtDate boughtPrice paid ($)Order or receipt number (optional)Your full nameYour emailWhat happened (optional)

[Your full name]
[Your email]

13 October 2026

[Business name]

Subject: Consumer guarantee claim – [item or service]

Dear Sir or Madam,

On [date] I bought [item or service] from you for $0.00.

The problem: it's faulty, broke early or stopped working.

Under the consumer guarantees in the Australian Consumer Law (sections 54 to 56), goods must be of acceptable quality, fit for any purpose I made known, and match their description. These guarantees apply regardless of any store policy, "no refunds" sign or manufacturer's warranty.

I ask you to provide a repair, replacement or refund at no cost within a reasonable time. If the problem is not fixed, I will treat it as a major failure and request a refund.

Please respond within 14 days. If we cannot resolve this, I will contact my state or territory fair trading office and may apply to the relevant tribunal.

Yours sincerely,

[Your full name]

Attached: proof of purchase, photos of the problem

🧭 What to do next

Send the letter to the business (email is fine) and keep a copy. Give them about 14 days.
If they refuse, contact your state or territory fair trading office (for example NSW Fair Trading, Consumer Affairs Victoria or Queensland's Office of Fair Trading) for help.
If that doesn't work, you can apply to your state's tribunal (for example NCAT in NSW, VCAT in Victoria or QCAT in Queensland). Small claims are low cost.

ACCC: consumer guarantees ↗

Australian Consumer Law. Rules last checked: October 2026. General information, not legal advice. 🔒 Everything stays on your device.

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Questions people ask

Are 'no refunds' signs legal in Australia?+

No, not if they suggest you can't get a refund for a faulty item. Stores can refuse change-of-mind returns, but they can't take away your consumer guarantees.

My warranty has expired. Do I still have rights?+

Often yes. Consumer guarantees last for a reasonable time based on the price and type of product, which can be longer than the manufacturer's warranty.

Can the shop send me to the manufacturer?+

No. The business that sold it to you must provide the remedy.

Do I need my receipt?+

You need proof of purchase, but that can be a bank or card statement, an order email or a lay-by agreement.

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