Are refurbished products covered by consumer guarantees in Australia?
Yes, refurbished products in Australia are covered by consumer guarantees under the Australian Consumer Law. They must be of acceptable quality, fit for purpose, and match descriptions, considering their age, price, and condition.
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How it works in practice
Consumer Guarantees for Refurbished Products
Yes, refurbished products sold by businesses in Australia are indeed covered by consumer guarantees under the Australian Consumer Law (ACL). These guarantees apply universally to all goods and services sold by businesses, regardless of whether an item is new, second-hand, or refurbished. The core principle is that the product must be of "acceptable quality," which is assessed relative to several factors, including its age, price, and its disclosed condition at the time of purchase.
This means a refurbished item might not be expected to perform exactly like a brand-new one, but it must still be fit for its intended purpose, safe, durable, and free from defects that were not disclosed to you. For example, a refurbished phone should still make calls and connect to the internet reliably. If a refurbished product fails to meet these reasonable standards, you are entitled to a remedy from the seller. Depending on the severity of the problem, this can include a repair, replacement, or a full refund.
Important exceptions
The application of consumer guarantees to refurbished products has several important nuances. Firstly, these guarantees only apply when you buy from a business, not from a private seller. Secondly, if a defect or specific condition of the refurbished item was clearly disclosed to you before purchase, you cannot claim a breach of guarantee for that specific issue. You also lose your rights if you cause the fault yourself or misuse the product. The definition of "acceptable quality" for refurbished items is flexible, taking into account the product's age, price, and expected lifespan.
What you should do now
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Always review the product description and any terms specific to the refurbished item before purchase.
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Keep detailed records of your purchase, including receipts, product descriptions, and any correspondence with the seller.
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If the refurbished product develops a fault, contact the seller immediately to explain the issue and request a remedy.
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Familiarize yourself with your consumer rights under the Australian Consumer Law, particularly regarding acceptable quality and fitness for purpose.
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If the seller does not provide a satisfactory solution, escalate your complaint to your state or territory consumer protection agency or the ACCC.
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