Did you know that signs that say “No Refunds” are illegal under the Australian Consumer Law. Why? Because the law states when refunds are or are not available. Consumer rights are stipulated in law, regardless of what your terms and conditions may be. Confused about when you must give a refund? I’m not surprised! The Australian Consumer Law exists across several pieces of legislation, making it difficult for small business to know what the requirements are. It is important for ALL providers of goods and services to understand what your obligations are, and what remedies are available to your consumers.
In addition to ensuring you comply with the law to avoid penalties, it is equally important to understand what you are actually legally required to provide an aggrieved consumer. You may not necessarily have to provide the remedy that they are seeking from you.
Both the ACCC and State Consumer agencies take action against businesses who breach the Consumer Law. For example, in late 2014 a car salesman was found guilty of breaching the guarantee to provide his services ‘within a reasonable time’. He was fined a total of $22,500 for this and other breaches of the Motor Car Traders Law.
Having terms and conditions and refund policy also provides your business with a constant reminder of what your obligations are.