Under the Australian Consumer Law, certain consumer guarantees apply automatically, including that a product must match the description, sample or demonstration model.
If a product does not match the description, for example, the consumer is entitled to a remedy. The type of remedy depends on whether the problem is major or minor.
Major problems
The product is significantly different to a sample, description or demonstration model - for example, in a catalogue or television commercial.
Remedies for major problems
Consumers can choose whether to:
- reject the product and choose a refund or replacement, or
- keep it and the seller will compensate them for any drop in value.
Minor problems
It is not considered a major failure if the difference between the product and the sample, description or demonstration is not significant.
Remedies for minor problems
The store chooses whether to:
- provide a replacement that is identical, or of similar value
- repair the product within a reasonable time, or
- give a refund.
Considerations
This guarantee does not apply to products bought at auction where the auctioneer acts on the seller’s behalf. If the consumer is shown a sample or demonstration model and given a description of the product, the product must match both.
Matching description
A supplier or manufacturer cannot argue that the consumer inspected the product before purchase and should have picked up any errors in the description.
Suppliers and manufacturers also guarantee products will match any sample or demonstration model shown to the consumer.
Hidden defects
Products sold by relying on a sample or demonstration model must not have any hidden defects.
A hidden defect is a problem that would:
- make the product of unacceptable quality, and
- not be noticeable to someone looking at the product.
Unavoidable differences
The guarantee that products will match any sample or demonstration model applies even if the differences are unavoidable, provided they are substantial.
Reasonable time to compare
The consumer must be given a reasonable amount of time to compare the product with the original sample. This does not apply to demonstration models.
Disputes
If you are having a dispute with the store or seller about a problem with a product, view Resolve your problem or complaint.