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Does not do what the salesperson said or the consumer asked for

A product must be what the consumer asks for and agreed by the business.  If a product does not meet this, the consumer is entitled to have the problem resolved.  The type of outcome will depend on whether the problem is major or minor.

A consumer can ask for a refund or replacement when a product does not do what it is meant to, if:

  • they relied on the store’s knowledge, expertise or advice
  • they informed the salesperson what they wanted, or the salesperson said the product would do what the consumer wanted.

When this guarantee does not apply

This guarantee does not apply to products bought at auction or if the store can show that:

  • the consumer did not rely on the store’s skill or judgment
  • under the circumstances, it was unreasonable for the consumer to have relied on the store’s skill or judgment.
Updated: 26 May 2020

This page has been produced and published by the Consumer Building and Occupational Services Division of the Department of Justice. Although every care has been taken in production, no responsibility is accepted for the accuracy, completeness, or relevance to the user's purpose of the information. Those using it for whatever purpose are advised to verify it with the relevant government department, local government body or other source and to obtain any appropriate professional advice. The Crown, its officers, employees and agents do not accept liability however arising, including liability for negligence, for any loss resulting from the use of or reliance upon the information and/or reliance on its availability at any time.