Can a store refuse to give me a refund?

If a product has a major failure under Australian Consumer Law, you are entitled to a refund regardless of any store policy. Store policies like 'no refunds' or 'exchange only' cannot override your consumer guarantee rights.

What is the difference between a major and minor failure?

A major failure means a reasonable consumer would not have bought the product if they knew about the problem — you choose the remedy (refund, replacement, or compensation). A minor failure means the product can be fixed in a reasonable time — the seller chooses how to fix it (repair, replacement, or refund).

Consumer Disputes: Your Rights Under Australian Consumer Law

Q: Do consumer guarantees apply after the warranty expires?

Yes. Consumer guarantees under Australian Consumer Law apply independently of any manufacturer warranty. A product must last for a reasonable time, which may be longer than the warranty period depending on the nature and price of the product.

What to do when a product or service does not meet your expectations.

Key point: Under Australian Consumer Law, products and services come with automatic guarantees. If a product is faulty, not fit for purpose, or does not match its description, you have the right to a remedy regardless of any store policy.

Consumer guarantees

The Competition and Consumer Act 2010 (Cth), Schedule 2 (the Australian Consumer Law) provides automatic consumer guarantees that apply to all goods and services purchased in Australia. These cannot be excluded by contract or store policy.

For goods, the guarantees include that products must be:

Of acceptable quality — safe, durable, free from defects, and acceptable in appearance and finish
Fit for purpose — suitable for any purpose you told the seller about
As described — match the seller's description, sample, or demonstration

Major vs minor failure

Your remedy depends on whether the failure is major or minor:

Major failure

A reasonable consumer would not have bought the product if they knew about the problem.

Your choice: refund, replacement, or compensation for the drop in value.

Minor failure

The product can be fixed within a reasonable time.

Seller's choice: repair, replacement, or refund. The seller chooses how to fix it.

Steps to take

Gather your evidence

Keep the receipt, photos of the defect, any advertising material, and records of communications with the seller. The more evidence you have, the stronger your position.

Contact the seller in writing

Write to the seller (email is fine) explaining the problem, referencing your consumer guarantee rights, and stating the remedy you want. Keep a copy.

Lodge a complaint with Fair Trading

If the seller refuses, lodge a complaint with your state's Office of Fair Trading. In Queensland, visit Queensland Fair Trading.

Apply to QCAT or small claims court

For claims under $25,000 in Queensland, apply to QCAT. The filing fee is $93.15 for claims up to $1,000 (2025-26). You do not need a lawyer. See our QCAT guide.

Common seller responses (and why they are wrong)

"Our store policy is no refunds."

Store policies cannot override the Australian Consumer Law. If the product has a major failure, you are entitled to a refund regardless of any store policy.

"You need to deal with the manufacturer."

The seller is responsible for providing a remedy. You can choose to deal with the manufacturer, but the seller cannot redirect you.

"The warranty has expired."

Consumer guarantees apply independently of any manufacturer warranty. A product must last for a reasonable time, which may be longer than the warranty period.

Search for similar cases

See how courts and tribunals have decided consumer disputes similar to yours:

Search consumer cases

Related guides

QCAT Applications

How to file a QCAT claim for consumer disputes under $25,000.

Debt Recovery

How to recover money owed to you through QCAT or court.

This guide is general information only, not legal advice. Your rights depend on your specific circumstances. For advice about your situation, contact Legal Aid or your local community legal centre.