Consumer Laws

Consumer: one who uses a commodity or service.
Law: the principles and regulations emanating from a government and applicable to a people, whether in the from of legislation or of custom and policies recognized and enforced by judicial decision.

How Consumer Laws protect you
Over the past 30 years there have been great strides forward in consumer protection.
Fair trading legislation aims to give you and traders a fair go. The current legislation (Fair Trading Act 1987 and Consumer Transactions Act 1972) means that you can expect quality products and services and can more easily complain, if you aren't happy with your dealings with a trader.
By taking a few simple precautions before you buy a new product, or arrange for someone to provide a service (for example, repair your car or paint your roof), you can reduce the risk of being out of pocket or getting into a dispute.
Informed consumers know how to shop around, how to compare prices and quality, what after-sales service to expect and what a product warranty covers. They also understand lay-by, refunds and how the Office of Consumer and Business Affairs can help with handling a complaint if things go wrong.
Consumer protection laws give you rights in relation to:
• buying goods and services.
• door-to-door trading.
• warranties and refunds.
• buying, building, renovating or selling a home.
• renting a home or unit.
• product safety.
• having repairs carried out.
• financial matters.


Your basic rights
You can expect the goods and services you buy to:
• be free of faults (unless you knew about them before purchasing).
• suit the intended purpose (for example, if you asked for some glue suitable for wood, that is what you should get, not glue suitable for paper).
• be as described by the retailer or be the same as any sample shown to you.
• be of merchantable quality, which means that there should be no hidden defects and the goods or services should be of a reasonable level of quality or performance, bearing in mind the price and the way they were described (for example, a shoe shouldn't lose its heel the first time it is worn).
• Have any personal information concerning you kept confidential.
These basic rights cannot be taken away from you by any contract you sign or a store's no-refund policy. But this doesn't mean you have the right to a refund if you simply change your mind about something you bought.


Misleading conduct
It is illegal for a trader to make false or misleading statements about the price, quality, nature, need or purpose of any goods and services.
Misleading conduct can occur in sales talk, sales presentations and advertising. The law specifically prohibits a Trader from:
• falsely stating that the goods are new.
• falsely stating the place of origin of the goods.
• making false statements about warranties, guarantees, rights and refunds.
• offering gifts and prizes in conjunction with the purchase of goods and services and then not supplying them.
• offering ‘specials' on goods and services without being able to supply them at that special price for a reasonable time or in reasonable quantities.
• asking you to pay for goods and services you didn't order.
• telling you that a person had agreed to acquire goods and services when they didn't.
• accepting payment for goods without intending to supply them.
• using high-pressure tactics or force at your home to get you to buy something or to make a payment on something you bought (for example, door-to-door traders or debt collectors).
• sending you credit and/or debit cards that you didn't ask for.