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Australian Consumer Law Phones

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Mobile operators typically use standard forms for consumer contracts, i.e. contracts prepared by the company and offered on a “take it or leave it” basis. Overall, consumer warranties require that all products sold in Australia are of acceptable quality, fit for any purpose you advertise, and conform to the description provided. Minor breaches of a consumer warranty can usually be corrected or corrected within a reasonable period of time. In this case, the Seller may choose to offer you a refund, replacement, repair or, in the case of services, subsequent delivery. If the seller doesn`t solve the problem or takes too long, you may be able to ask someone else to fix it and recover the cost from the seller depending on the circumstances. In addition to your standard consumer rights, most new phones come with manufacturer`s warranties. These vary in duration and coverage from manufacturer to manufacturer, but they usually apply between 12 and 24 months and cover you for repair or replacement if the defect is due to a manufacturing defect. However, if the defect was caused by abnormal use or damage, the manufacturer`s warranty no longer applies.

Most telecommunications companies also offer guarantees when purchasing phones in the contract. These warranties typically offer coverage similar to the manufacturer`s warranties and last for the duration of your contract. Since most phone plans work with 24-month contracts, this means you`re insured against manufacturing defects or other problems with the phone itself for two years. Again, this does not replace your general consumer guarantees, but it does provide additional security. For example, in 2010, the Australian Competition and Consumer Commission (ACCC) filed a lawsuit against Optus Mobile based on numerous complaints from Optus customers. Customers complained that they received a defective mobile phone as part of a 24-month postpaid contract. Optus Mobile`s remedies were limited to those subject to the mobile phone manufacturer`s express warranty policy and complied with the Australian Fair Trade Act (then the Business Practices Act 1974, now the Competition and Consumer Act 2010, which contains consumer guarantees). Summary of Australian Consumer Legal Guarantees We`ve put the latest smartphones to the test and determined which are the 10 that make your hard-earned money the most. Check out the full list as well as our reasoning by clicking on the button below. A list of things to consider when buying a mobile phone can be found These rights are called consumer warranties and apply to all goods and services purchased or rented new, used, in-store and online. The Telecommunications Ombudsman (TIO) can help consumers resolve complaints about telephone and Internet services. The TIO may be able to assist you if the handset or equipment was delivered under contract.

The TIO provides a fast, free and fair dispute resolution service for small businesses and private clients in Australia. For more information, see If you have a problem with a mobile phone or other telecommunications device that you have purchased, you must first contact the company from which you purchased it. If they do not resolve the issue satisfactorily, contact your local consumer protection authority or the ACCC. On the other hand, if you still keep an old Nokia chocolate bar phone from 2002, no company is required to do a warranty repair for it. It`s simply unreasonable to expect a relatively cheap phone to last fifteen years through no fault of your own, so your consumer rights don`t apply. Pay attention to the apps your kids use. They may accidentally buy things without realizing it or realizing that they are spending real money. This can happen if your kids have their own phone or if you allow them to use your phone.

Our goods come with warranties that cannot be excluded under australian consumer law. Your contractual rights under the Apple Limited Warranty, AppleCare Protection Plan, or AppleCare+ are in addition to these statutory rights. You are entitled to repair, replacement or reimbursement for any major failure and compensation for any other reasonably foreseeable loss or damage. You also have the right to repair or replace the goods if they are not of acceptable quality and the failure does not constitute a major defect. A reasonable period of time from the date of delivery until the error occursWithout restricting consumer rights, Apple will provide its own remedies equivalent to those provided for in the consumer warranty provisions of the Australian Consumer Act at any time within 24 months of the date of purchase. For the avoidance of doubt, Apple acknowledges that Australia`s Consumer Protection Act may provide for remedies beyond 24 months for a number of its products. Most smartphone manufacturers offer a standard warranty document, which usually lasts 12 months. Note that this serves as a complement to your fundamental rights as a consumer under Australian law and not as a substitute for it. Jeannie Paterson, an expert in consumer and contract law at the University of Melbourne, told CHOICE that if consumers don`t get what they are promised, they have the right to terminate. It also argues that if there are additional charges that are not specified in the so-called Critical Information Summary (SIC), consumers should be able to terminate their contract. Non-Apple branded products purchased from Apple are also eligible for coverage under the Australian Consumer Act, but are not covered by Apple`s limited warranty, AppleCare Protection Plan, and AppleCare+.

Under Australia`s new consumer laws, if you purchase a product and it is defective, you have the right to return it to the place where you bought it and ask the company to resolve the issue. The same applies if you use a service and it is not provided to an appropriate standard. Summary of australian consumer law, Apple Limited Warranty, AppleCare Protection Plan and AppleCare+ As a consumer of mobile phone products and services, you have the right: If the goods or services do not comply with consumer warranties, you are legally entitled to a remedy. This may include a repair, replacement or refund. These rights cannot be waived by voluntary guarantees (also called express guarantees) of the supplier. If a product or service you purchase does not meet a consumer warranty, you have the right to request a repair, replacement or refund in accordance with the Australian Consumer Act. The remedy to which you are entitled depends on whether it is a significant or minor issue. One of the advantages that manufacturer`s warranties can have over your Australian standard consumer rights is international coverage.

According to the manufacturer, some warranties apply no matter where you are in the world, so if your phone stops working while traveling, you can get it repaired quickly without having to send it home to Australia. If your product is defective, you can make a claim under the Australian Consumer Act, the Apple Limited Warranty, or the optional AppleCare or AppleCare+ Protection Plan (as applicable). Mobile phones are becoming more advanced – and more and more prevalent – every day.