Buying Things Factsheet (PDF, 931 KB)
When you buy things like a phone or clothes or get someone to provide a service like a haircut or car repairs, you have rights as a consumer. These protect you if something is not what you agreed to or were promised. These rights also apply to buying things ‘second hand’ from a shop or business.
If you change your mind about something you bought, it is up to the store to decide if they will refund or exchange it. Many stores will accept returns if the goods are unused and still have the tags or original packaging. If you are unsure about the goods but want to buy them, make sure you can return them without any questions.
If there is a major problem with something you bought, take it back to the store and ask for a refund, replacement or a repair.
A problem with an item is major if:
If this happens, stop using the goods and take them back quickly. It is your choice to get a refund, replacement or repair, not the shop’s choice.
If the problem is not major, for example the goods can be easily fixed in a reasonable period of time, the store can choose to either fix them or refund or replace them.
The Australian Consumer Law guarantees generally do not apply to goods or services you purchase from private sellers (like on Gumtree or Facebook marketplace) or from friends and family.
When something goes wrong with an item or service you have purchased privately, it can be more difficult to work out if the person who has sold it to you has done anything wrong or if they should offer you a refund or pay for the item to be repaired.
If this has happened to you, you can call the Legal Help Line on 1300 366 424 for more information and legal advice.
If you buy something from an online shop, you have the same consumer rights to a refund, replacement or repair if the goods are faulty. Depending on the goods, you may have to pay postage to return faulty items to an online seller.
It may be difficult to exercise these rights if the online business is based overseas. You also don’t have these rights if you bought from a private seller (like a friend or from Gumtree).
You can buy a prepaid phone at any age. You will need to provide some proof of identity, including your address.
You have to be 18 to sign a postpaid mobile phone contract. Often young people ask their parents to sign the contract.
If you are thinking about getting a mobile phone, remember that it’s always a good idea to check the contract for hidden costs and be careful of extra services that add to your bill.
You have consumer rights when you by anything to do with mobile phones, including pre-paid and post-paid contracts and handsets. Phone providers must give you clear and accurate information about any of the services they are offering, their advertisements, and what they charge.
Remember, if there’s a problem with your phone or your service or your plan you may be entitled to a repair, replacement or refund. Depending on what’s happened, you may even be able to cancel your contract. Call the Legal Help Line on 1300 366 424 for advice on how to make a complaint.
The Australian Competition and Consumer Commission can help you exercise your consumer rights. Call 1300 302 502 or visit www.accc.gov.au
Would you like more information, resources, or a free visit to your school, organisation or group?
Email: cle@lsc.sa.gov.au
To apply for legal aid online, visit: www.lsc.sa.gov.au
Call our free Legal Help Line: 1300 366 424
Acknowledgments:
The Legal Services Commission gratefully acknowledges the assistance of Victoria Legal Aid and the National Children’s and Youth Legal Centre in allowing the Legal Services Commission of South Australia to use and adapt existing content.
Disclaimer: The material in this factsheet is a general guide only. It is not legal advice. For legal advice about your own particular situation we encourage you to call the Free Legal Helpline on 1300 366 424. The legal information was correct at the time of publishing, but may change without notice.
January 2022
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