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Australian Consumer Law · Free demand letter

The store said no.
The law often says yes.

If a business has refused you a refund on faulty or misdescribed goods, the Australian Consumer Law probably backs you over their store policy. We'll draft the letter that says exactly why — for free, in 90 seconds.

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Does this apply to you?

What this scenario covers

  • Goods that broke before they reasonably should have
  • Items that don't match what was advertised or shown to you
  • Products that don't do what the seller said they'd do
  • Stores quoting their own "no refunds" policy as if it were the law
  • Retailers saying "the warranty has expired" on goods that should have lasted longer
  • Online purchases where the item arrived damaged, faulty, or significantly different
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The relevant law

ACL sections that apply

s54 — Acceptable quality

Goods must be safe, durable, free from defects, and fit for normal use. A washing machine that fails at 11 weeks isn't durable.

s56 — Match description

If the listing said 'leather' and the item is bonded leatherette, the guarantee is breached.

s64 — Disclaimers void

A 'no refunds' sign isn't illegal to display, but it cannot remove your statutory rights.

s260 — Major failure

When the failure is 'major' (safety, big mismatch, can't be used for normal purpose), you choose between refund, replacement, or compensation. Not the seller.

Step by step

What to do today

  1. Gather proof of purchase — receipt, bank statement, email confirmation, loyalty card record. Any one of these counts.
  2. Document the failure with photos, dates, and a written description of what's wrong.
  3. Save any conversations with the seller — emails, screenshots of chat, dates of phone calls.
  4. Send a written demand letter citing the ACL sections that apply, with a clear deadline (7, 14, or 21 days).
  5. If they refuse or ignore it, escalate to your state's Fair Trading body. Free conciliation. After that, the state consumer tribunal — modest filing fee, no lawyer needed.
Examples

Common situations we see

  • Bought an appliance that died after 14 months. Retailer points at the 12-month warranty. The consumer guarantee at s54 typically outlasts a 12-month warranty for any product reasonably expected to last longer.
  • Online purchase arrived damaged. Seller says "contact the courier". The seller, not the courier, owes you the remedy under the ACL.
  • Furniture turned out to be a different colour or fabric than advertised. The s56 guarantee on description applies — including in bricks-and-mortar stores.
  • Sale-item refund refused with "all sales final" tag. The ACL doesn't recognise that disclaimer for guarantee failures.
Ready when you are

The law often says yes.

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Go deeper

Related reading

Can I demand a refund? When Australian Consumer Law gives you the right
Plain-English guide to when the Australian Consumer Law lets you demand a refund — even when the store says no, the warranty has expired, or the receipt is gone.
What 'major failure' really means under the Australian Consumer Law
Plain-English guide to what counts as a major failure under the ACL, why it matters for your refund rights, and exactly what to do when a product or service fails.
Replacement vs repair vs refund: which remedy can you choose?
Plain-English guide to replacement vs repair vs refund Australia — when you get to choose your remedy under the ACL and when the seller decides.

This page is general information about Australian Consumer Law, not legal advice. The ACL is complex and your situation may have details that change the analysis. For advice on your specific case, see your state's Fair Trading body — full list at /agencies.