Consumer Affairs is Here for Consumers and Businesses

The owner occasionally has customers who, when they experience buyers’ remorse on a special ordered product, will demand a refund and argue that someone at Consumer Affairs supports their claim.

There are some consumers who will misrepresent the truth in order to receive their desired outcome by using the name of Consumer Affairs or impersonating a Consumer Affairs enforcement officer to intimidate a business into giving a refund. This is an offense as outlined in the Consumer Protection Act 1999 and is liable on summary conviction to a fine of $10,000 or imprisonment for 6 months.

Unfortunately, it’s not the first time we’ve heard that customers are phoning businesses and speaking for us in order to support their arguments. Just last week we heard from a storeowner who called us to check if we had told a customer she could return an item she wore out of the store- against explicit store policy. The truth was a customer cannot demand a refund just because “she changed her mind” if the store policy states otherwise, and no, we had not advised anyone otherwise.

Most consumer transactions fall under The Sale of Goods Act 1978 (as amended in 2002) and the Supply of Services (Implied Terms) Act 2003. Primarily, the Sales of Goods Act governs whether the goods conform to the contract, such as the goods must be of satisfactory quality, should be as described, fit for the purposes for which goods of the kind are supplied, free from defects and safe. The Supply of Services Act states that services are to be carried out with reasonable care and skill in reasonable time and for a reasonable price. There are a few more caveats, but as a general rule, if you change your mind after the fact it’s unlikely you will be entitled to a refund if the store policy prohibits it.

It is up to the consumer to read the store’s policies on warranties, refunds and returns before purchasing a good or service and for ensuring that the product or service they are ordering is correct before paying.

Before a customer can file a complaint with Consumer Affairs they must inform the retailer or service provider of the problem and try to come to a solution. No one can file a complaint erroneously as personal details are required before a case will even be considered by the enforcement officers. When a case is filed, the enforcement officer will contact the retailer or service provider to get their side of the case being presented.

It is the mandate of Consumer Affairs to protect the rights and enforce the responsibilities of both consumers and retailers. If a consumer alleges that they have received advice from Consumer Affairs it is in the best interest of the store to ask the consumer with whom they spoke with and contact Consumer Affairs immediately for confirmation.