Contacting a business to fix a problem

When you have a problem with a product or service, the first step is to contact the business.

Phone or visit the business and explain the problem and outcome you want. Do this as soon as possible.

The owner, manager, or customer service contact may be able to fix the problem quickly, or explain how they can fix the problem and when they will do this.

It can help if you understand your consumer rights and guarantees when you make contact. You have rights under consumer law if:

salesperson has approached you over the phone, at your door, or in a public place
you’ve been asked to agree to a pre-written contract
you haven’t received a product or service you paid for
a business used certain unfair practices
a business has misled you about their products or services
a business has displayed prices in a misleading way
a product or service you have purchased does not meet the consumer rights and guarantees.

Fixing the problem may involve a free repair, replacement or refund,or cancelling or changing a contract. You may also be entitled to compensation for damages and loss.

Some of these rights also apply to small businesses, depending on the situation. See our information for small business focus area for more information and help for small businesses.

Contacting a business about consumer rights and guarantees

When you have a consumer rights and guarantees problem the first step is to contact the business.

We have the following tips for common situations that can arise when contacting a business about a consumer rights and guarantees issue.

Product has a major problem

When a product has or develops a major problem, you should:

let the business know that you think the product has a major problem under the consumer guarantees in the Australian Consumer Law
tell the business you are rejecting the product
tell the business what remedy you would like – a refund, or a replacement
explain why you think there is a major problem.

In this situation, you have the right to choose a replacement or a refund. You can also choose a repair, but you are entitled to a refund or replacement.

Product has a minor problem

When a product has a minor problem, the business must fix or repair the product for free. The business doesn’t have to offer a replacement or refund for a minor problem, although it can choose to.

When contacting the business, you should:

let them know that you think the product has a minor problem under the consumer guarantees in the Australian Consumer Law
explain why you think there is a minor problem
tell the business you want to discuss your options for a repair, refund or replacement.

For more information on defining a major or minor problem see Repair, replace, refund, cancel.

A business says you need to go to the manufacturer to fix the problem

Businesses are responsible for resolving problems with the products they sell. Sometimes businesses tell customers to go to the product’s manufacturer for a repair, refund or replacement.

If this happens, tell the business that under the Australian Consumer Law, the business that sells the product, not the manufacturer, is responsible for providing consumers with a remedy where the product has a problem.

If a business says they need to send the product to the manufacturer for testing or assessment, you should ask the business:

how long this will take
to supply the manufacturer with all the information you provided about the problem
to see the exact information the manufacturer gives to the business about its assessment of the product.

A business puts conditions on when it will provide any remedies for problems

Sometimes businesses may have a policy to provide refunds or replacements within a certain number of days for products where you change your mind about the purchase.

Under consumer law, businesses don’t have to offer refunds and replacements for changes of mind. So a business can put conditions on these change of mind policies, such as:

limiting it to a certain number of days after purchase
excluding specific products, for example sale items
requiring a sale tag to still be attached to the product
requiring a product to be in original packaging.

Businesses can’t apply these same policy conditions to situations where consumers are returning a product due to a major or minor problem.

If this happens, you should:

explain that you think the product has a major or minor problem under the consumer guarantees, and why
explain that you are rejecting the product and requesting a remedy because of your rights under the Australian Consumer Law, and not your rights under the business’s change of mind returns policy.

A business won’t help because a warranty has expired

When a product’s warranty has expired, some businesses may say they can’t provide a free repair, refund or replacement for that reason.

Warranties are extra promises that a business can choose to make on top of the consumer guarantees. They can’t replace, change or take away a consumer’s basic rights under the consumer law.

Your rights to a remedy under the consumer law for problems with a product continue for a reasonable time after you bought the product. These rights can continue to apply after a product’s warranty has expired.

Businesses need to ensure that they consider consumers’ rights under the consumer law, not just their warranty, when handling consumer claims for remedies.

If a business says they won’t help because the product’s warranty has expired, you should:

explain that you are rejecting the product and requesting a remedy because of your rights under the Australian Consumer Law, and not your rights under the business’s warranty
tell the business that the consumer guarantees under the Australian Consumer Law can apply even if a warranty has expired
explain why you think there is a major or minor problem.

For more information on your rights, see Consumer rights and guarantees.

Writing a complaint to the business

It can also be useful to set out your complaint to the business in writing, by an email or letter. That way they’re clearly aware of the problem, what you want, and you have a record of your contact.

What to include in a complaint

When writing a complaint you should:

describe the problem and the outcome you want
include key dates, such as when you purchased the goods or services and when the problem occurred
identify what action you’ve already taken to fix the problem and what you will do if you and the seller can’t resolve the problem
ask for a response within a reasonable time
attach a copy of any supporting relevant documentation, such as a receipt or invoice.

Complaint letter tool

Use our complaint letter tool to develop your written complaint. You can change it to fit your particular problem.

You can post or email the complaint letter to the business. If you can’t find a place to send the complaint, but a business has another way to contact them like online chat, you can ask for a way to send a complaint or lodge your complaint letter with the business online.

Example complaint letter

RE: COMPLAINT ABOUT FAULTY TELEVISION CABINET PURCHASED AT CABINET WORLD ON 15 DECEMBER 2022

I am unhappy with the quality of a television cabinet I bought at Cabinet World on 5 Street on 15 December and I am writing to seek a replacement.

The cabinet doors do not open and shut properly and the stain on the cabinet is uneven, with one half darker than the other. The cabinet was delivered on 30 December and I noticed this problem as soon as I unpacked it from the box.

The cabinet is not of acceptable quality and does not match the sample cabinet I was shown in store. I would like you to replace it with one of the same quality and finish as the sample and arrange for return of the faulty cabinet at no cost.

I have attached a photocopy of my receipt as proof of purchase.

I would like to have this problem fixed quickly please. If I do not hear from you within 10 days, I will lodge a formal complaint with Consumer Affairs in my state.

You can contact me on 1234 5678 during working hours or after hours on 123 456 789 to discuss this matter further.

Enclosed: Copy of the receipt for television cabinet

Next steps if a business won’t fix the problem

Where to go for consumer help

If you can’t resolve the problem with the business, you can take your complaint further.

Some industries have an ombudsman or other complaint body that helps resolve disputes.

You also have the option of taking legal action. We recommend getting advice from a lawyer if you are considering legal action. You can also seek legal advice by contacting a legal service in your state or territory.

Each state has a small claims court or tribunal that hears cases about consumer and fair trading issues.

Report the problem to the ACCC

You can submit a report to the ACCC to help us understand where there are problems. Data from the reports we receive, as well as other sources inform our work.

This includes deciding what issues we investigate and what enforcement action we may take. We also use this information to inform what compliance and education activities we undertake, as well as industry engagement, advocacy and research.

We focus our work on issues that can result in widespread harm. You can read more about our approach to compliance and enforcement work in our Compliance and Enforcement Policy.