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From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it’s investigating the financials of Elon Musk’s pro-Trump PAC or producing our latest documentary, ‘The A Word’, which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.<\/p>\n
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.<\/p>\n
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.<\/p>\n
Your support makes all the difference.<\/strong><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\nRead more<\/span><\/svg><\/span><\/button><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/aside>\n<\/div>\n<\/div>\nYou\u2019ve been given an ugly t-shirt and a book you\u2019ve already read. But if you don\u2019t have the receipts, can you return them? Or what if someone\u2019s given you a gift that\u2019s defective in some way?<\/p>\n
Before you box up your unwanted presents and head to the shops, here\u2019s what the Australian Consumer Law \u2013 the rules on consumers\u2019 rights and business responsibilities \u2013 says about asking for a return, exchange or refund under different circumstances.<\/p>\n
Can I return gifts as \u2018change of mind\u2019 without a receipt?<\/h2>\n<\/p>\n Australian consumer law generally doesn\u2019t require retailers to accept returns for change of mind alone.<\/p>\n
So if you just didn\u2019t like the gift, that\u2019s not enough under the law to be able to ask for the money back.<\/p>\n
If a business has a \u201cchange of mind\u201d returns policy, they have to honour it. Otherwise, they may get in trouble for \u201cmisleading conduct\u201d under the consumer law.<\/p>\n
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Australian consumer law generally doesn\u2019t require retailers to accept returns for change of mind alone. (Getty Images)<\/span><\/figcaption><\/figure>\n<\/div>\nBut even for stores allowing change of mind returns, they usually have a list of exceptions, including underwear, beauty products, food and more \u2013 so check their rules.<\/p>\n
All retailers will want to see some proof of purchase \u2013 though not necessarily the original receipt.<\/p>\n
What are my rights if the gift\u2019s faulty?<\/h2>\n<\/p>\n If a product is defective, under Australian consumer law shoppers have a lot more rights than many people realise. It can help to use the phrase \u201cAustralian consumer law\u201d so the retailer knows you\u2019re aware of your rights.<\/p>\n
What you can ask for depends on whether or not there\u2019s a \u201cmajor failure\u201d of your basic rights under consumer law, known as \u201cconsumer guarantees\u201d.<\/p>\n
A \u201cmajor failure\u201d of a consumer guarantee is when the product:<\/p>\n
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\nis unsafe<\/li>\n has either one serious problem, or several smaller problems, which would have stopped a reasonable person from buying the product<\/li>\n is very different from the description, sample or demonstration the purchaser received before purchase<\/li>\n can\u2019t be used for its expected purpose and can\u2019t easily be fixed within a reasonable time.<\/li>\n<\/ul>\n<\/div>\nIn these cases, you\u2019re entitled to your choice of a replacement product or a full refund, if you can produce either a receipt or other proof of purchase.<\/p>\n
For other more minor failures that can be remedied, the business only has to repair it for free within a reasonable time. It doesn\u2019t have to offer you a replacement or refund.<\/p>\n
However, if you\u2019ve caused damage to the product yourself, you may not be able to rely on the consumer guarantees.<\/p>\n
There are exceptions to the consumer guarantees. For instance, some don\u2019t apply to goods sold by auction. And most don\u2019t apply to \u201cnon-business\u201d sellers, such as private sellers on Gumtree or Facebook Marketplace.<\/p>\n
What if the original packaging is missing or damaged?<\/h2>\n<\/p>\n If the product is faulty in one of the ways above, you\u2019re still entitled to those consumer law remedies \u2013 even if the original packaging is missing or damaged.<\/p>\n
But if you\u2019re returning for change of mind, most retailers require the product to be in saleable condition, with packaging intact.<\/p>\n
What counts as proof of purchase?<\/h2>\n<\/p>\n You need proof of purchase to establish your right to consumer guarantees, but this doesn\u2019t have to be a receipt.<\/p>\n
Other types of proof of purchase can include:<\/p>\n
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\na credit card statement<\/li>\n a warranty card showing the date and place of purchase<\/li>\n receipt number or reference number given over the phone or internet<\/li>\n the serial number, if this is stored in the store\u2019s computer system.<\/li>\n<\/ul>\n<\/div>\nThe law doesn\u2019t specify exactly what proof of purchase is sufficient. The consumer just needs to be able to reasonably prove they bought the item.<\/p>\n
So if was a gift, you\u2019re likely to need some help from the gift-giver.<\/p>\n
Importantly, you don\u2019t have to have an original copy: photos and photocopies also count. So if you\u2019re ever buying something expensive, take a photo of your receipt immediately. It can save you time and money later.<\/p>\n\nAbout the author<\/h2>\nKatharine Kemp is an Associate Professor in the Faculty of Law & Justice at UNSW Sydney. This article is republished from The Conversation under a Creative Commons license. Read the original article. <\/p>\n<\/figcaption><\/figure>\n
Does it make a difference if it was bought online or in a shop?<\/h2>\n<\/p>\n For faulty products, Australian consumer law rights apply whether the gift was bought online or in a shop.<\/p>\n
A guarantee that\u2019s especially helpful for online purchases is that goods must \u201ccorrespond with the description\u201d.<\/p>\n
For example, you would be entitled to your choice of a refund or replacement if the photo advertising a suitcase showed or described a combination lock as a feature, but the one you received had no lock.<\/p>\n
What if the store still says no?<\/h2>\n<\/p>\n If the product\u2019s faulty, it\u2019s illegal for businesses to refer to store policies or terms and conditions that deny your right to consumer guarantees \u2013 such as policies saying \u201cno refunds or exchanges on sale items\u201d.<\/p>\n
If you think a business hasn\u2019t delivered on Australia\u2019s consumer law guarantees, you may be able to ask for a repair, replacement, refund, cancellation or compensation for damages or loss.<\/p>\n
You can read more on the process of making a complaint \u2013 starting with the business the item came from.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
Your support helps us to tell the story From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it’s investigating the financials of Elon Musk’s pro-Trump PAC or producing our latest documentary, ‘The A Word’, which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging. At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story. The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it. Your support makes all the difference. Read more You\u2019ve been given an ugly t-shirt and a book you\u2019ve already read. But if you don\u2019t have the receipts, can you return them? Or what if someone\u2019s given you a gift that\u2019s defective in some way? Before you box up your unwanted presents and head to the shops, here\u2019s what the Australian Consumer Law \u2013 the rules on consumers\u2019 rights and business responsibilities \u2013 says about asking for a return, exchange or refund under different circumstances. Can I return gifts as \u2018change of mind\u2019 without a receipt? Australian consumer law generally doesn\u2019t require retailers to accept returns for change of mind alone. So if you just didn\u2019t like the gift, that\u2019s not enough under the law to be able to ask for the money back. If a business has a \u201cchange of mind\u201d returns policy, they have to honour it. Otherwise, they may get in trouble for \u201cmisleading conduct\u201d under the consumer law. Australian consumer law generally doesn\u2019t require retailers to accept returns for change of mind alone. (Getty Images) But even for stores allowing change of mi…<\/p>\n","protected":false},"author":1,"featured_media":10089,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[2],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/posts\/10088"}],"collection":[{"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10088"}],"version-history":[{"count":0,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/posts\/10088\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=\/wp\/v2\/media\/10089"}],"wp:attachment":[{"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10088"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10088"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.seekyourlove.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10088"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}