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About consumer rights and guarantees
Consumers automatically have a set of basic rights when they buy a good or service. These basic rights are called consumer guarantees.
They are included in the Australian Consumer Law.
Consumers automatically receive these consumer guarantees when they buy goods and services.
One of the guarantees is that products are of acceptable quality and are safe.
Products are considered to be of acceptable quality and safe depending on various factors. These can include the nature of the product, its features, price, and warnings and instructions.
For information about other consumer guarantees, see consumer rights and guarantees.
Factors that determine acceptable quality and safety
A product is generally considered safe under the consumer guarantee if a reasonable consumer would consider the product safe in the way it’s meant to be used.
Whether a product is safe depends on the specific circumstances.
These factors affect the safety of the product.
Nature of the product
The product must be safe when it’s used for its intended purpose.
Price and features of the product
Sometimes more expensive products have extra safety features. This does not mean that that cheaper versions of the product are unsafe.
However, even inexpensive products must still be safe.
Statements made about the product
If a product is marketed for a specific purpose, it must be safe to use for that purpose.
Instructions and warnings
If there are clear warnings about a product and instructions about how to use it safely, it would likely still meet the guarantee of acceptable quality even if the product could otherwise be dangerous. For example, cutting tools or stove lighters.
Likely users
Products that are likely to be used by vulnerable users like children must be made safer, even if the products are not directly marketed to children. Many of these goods will also have mandatory safety standards.
Age of product
Regard for how old the product is and how long similar products normally last.
Existing mandatory safety standards, recalls and bans
There are some products that have mandatory safety standards, recalls or bans. A product could still fail to meet the consumer guarantee of being safe even if it’s not subject to a mandatory safety standard, recall or ban.
Generally, if a supplier recalls a product they will offer the consumer a replacement, refund or repair. If the recalled product does not meet the guarantee of acceptable quality because it is unsafe, the consumer can ask specifically for a refund or replacement.