TLDR: Australian retailers should clarify "no returns/exchanges" policies to explicitly state that consumer rights under Australian Consumer Law (ACL) are always protected, especially for faulty, unfit-for-purpose, or misdescribed items.
I wanted to start a discussion about how some Australian retailers, particularly Myer, word their "no returns/exchanges" policy. While I understand their expectation that customers should use change rooms to ensure the correct size, this doesn't override consumer rights under Australian Consumer Law (ACL) regarding goods that are not fit for purpose or of acceptable quality.
The Issue
Many retailers, especially those selling clothing, often display signs or state verbally that there are "no returns or exchanges" on certain items, particularly if a change room was available. The implicit assumption is that if you try it on and it fits, you've made your informed decision. However, this wording can be misleading and potentially deter customers from exercising their rights.
Australian Consumer Law (ACL)
Under the ACL, consumers are entitled to a remedy (repair, replacement, or refund) if goods:
Are not of acceptable quality (e.g., faulty or damaged).
Are not fit for their disclosed purpose (e.g., if you specify you need a waterproof jacket and it leaks).
Do not match the description (e.g., online sizing charts are inaccurate).
Do not match any sample or demonstration model.
The Sizing Conundrum
A common scenario where this policy causes issues is with clothing sizing. Even if a change room is available, sizing can be "abnormal" or not as expected/described. For example:
Inconsistent Sizing: A size 10 in one brand might be vastly different from a size 10 in another, or even within the same brand's different lines.
Manufacturing Defects: A garment might be labelled as a specific size, but due to a manufacturing error, it's actually smaller or larger.
Online vs. In-Store: If a customer purchases online and then tries it on in-store, they might discover the sizing is completely off despite their best efforts to measure and check size guides.
In these cases, where the sizing is abnormal or not as expected/described, the item could be considered not fit for purpose or not matching its description, and therefore covered under the ACL.
What Retailers Should Do
Retailers like Myer should rephrase their policies to clearly state that consumer rights under Australian Consumer Law are always upheld. Instead of "no returns/exchanges," they could say something like:
"We encourage customers to use our change rooms to ensure the perfect fit. Please note that for hygiene reasons, we may not offer returns or exchanges for a change of mind if you have worn the item. However, your rights under Australian Consumer Law regarding faulty, not fit for purpose, or incorrectly described goods are always protected."
This wording would be more transparent and avoid misleading customers about their fundamental rights. It still encourages responsible purchasing while acknowledging legal obligations.
Thoughts?
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