The store will only repair it. Can I get a refund or replacement?
When a store offers only a repair, how the major failure test works, who chooses the remedy and how to ask for a refund or replacement.
Yes, if it is a major failure. Consumer Affairs Victoria says that for a major problem you choose a refund or replacement, not the store, and NSW Fair Trading says a store must not send you to the manufacturer instead. A product that breaks in the first 2 weeks can be a major failure. If the store refuses, Fair Trading can step in and your state tribunal can order the refund.
Rather not chase this yourself?
Ajust writes to the business, tracks the deadline and escalates if they don't fix it.
Can the store make you accept a repair?
Not for a major failure. Under the Australian Consumer Law (ACL), Consumer Affairs Victoria says a major problem lets you reject the product and choose a refund or replacement, or keep it and be compensated for the drop in value. For a minor problem, the store chooses whether to repair, replace or refund.
NSW Fair Trading says a failure is major if the product is unsafe, if it is substantially unfit for its purpose and cannot easily be fixed within a reasonable time, if it would have stopped someone from buying it, or if it is significantly different from the sample or description.
Consumer Affairs Victoria says the answer depends on the type of product, the price, what the packaging said and what the seller told you. A fridge is expected to last longer than a toaster.
| Major failure | Minor failure | |
|---|---|---|
| Who chooses the remedy | You | The store |
| What you can get | A refund or replacement, or keep it with compensation for the drop in value | A repair within a reasonable time, a replacement or a refund |
| If the store doesn't fix it | Fair Trading, then the tribunal | You can reject it, or have it fixed elsewhere and claim the cost |
NSW Fair Trading says businesses must not tell a consumer to go to the manufacturer for a remedy. Refunds should be the same amount you paid and in the same form as your original payment.
Ajust's recommended channel for The Good Guys is the contact form at thegoodguys.com.au/contact-us or customercare@thegoodguys.com.au; for faulty products, emailing the store you bought from often got a faster answer in Ajust's cases.
Ajust has handled over 50 cases where a store offered only a repair for a faulty product.
- Ajust secured a confirmed result in 54% of closed cases where it demanded a refund or replacement for a major failure.
- The typical amount at stake is about $1,000.
- When Ajust secured a result, it typically came in 2 to 3 weeks.
Under the Australian Consumer Law, a major failure lets you choose a refund or replacement, while a minor one lets the business choose to repair, replace or refund.
What should you do first?
Step 1: Work out whether it's major, and record the fault
Check the fault against the tests above: unsafe, can't do its job and can't easily be fixed, or something you would never have bought. Take photos or a short video, and note when you bought it, what you paid and when it failed.
Step 2: Reject it in writing and name the remedy you want
Write to the store you bought from. Say it is a major failure, that you reject the product and whether you want a refund or a replacement. Give 14 days.
Subject: Rejection of faulty [product and model] for a major failure, bought [date]
I bought a [product and model] from you on [date] for $[price]. On [date] it [describe the fault]. It has been used normally.
This is a major failure under the Australian Consumer Law because [it is unsafe / it can't do what it is for and can't easily be fixed within a reasonable time / I would not have bought it had I known about the fault]. For a major failure I am entitled to choose the remedy. I reject the product and ask for a [refund of $[price] to my original payment method / replacement with the same model].
I do not accept a repair, and I ask that you do not refer me to the manufacturer; the guarantee is owed by you as the seller. [The product is too large for me to return without significant cost, so please arrange collection.]
Please confirm in writing within 14 days of this email how you will provide the refund or replacement. If I do not hear from you, I will lodge a complaint with [your state Fair Trading or Consumer Affairs office].
[Your name]
Step 3: If it's a big item, ask them to collect it
Consumer Affairs Victoria says that if returning a product would cost you a lot, the supplier must collect it at its own expense, and gives a 127 cm TV, a bed and a pool filter as examples. You don't need the original packaging to return it.
Step 4: If you already agreed to a repair, you can still reject it
Consumer Affairs Victoria says that a consumer who agreed to a repair of a major failure does not lose their right to a refund or replacement and may still reject the product. Say so in writing if the repair fails or drags on.
What if the store still offers only a repair?
Take your written rejection and the store's written reply up this ladder. Only a tribunal can order the store to refund you.
| Where | Covers | Time limit | What it can do |
|---|---|---|---|
| Store manager, then the retailer's complaints team | The store you bought from | None, but go straight away | Refund or replace |
| State Fair Trading or Consumer Affairs | Any business | None | Contacts the store; cannot order a refund |
| State tribunal (NCAT, VCAT, QCAT) | Any business selling in Australia | NCAT 3 years, for goods supplied in the last 10 years | Orders a refund or replacement. NCAT hears claims up to $100,000 |
NCAT's fee for a consumer claim up to $10,000 was $62 in the 2025–26 schedule.
If the store doesn't fix it, it can be escalated to your state Fair Trading or Consumer Affairs office, a free service. Ajust handles the escalation for you.
Penalties for businesses that fail to provide a remedy have been agreed but are not law yet. Consumer affairs ministers agreed to them in November 2025 and Treasury is drafting the change (checked 16 October 2026).
Tell Ajust what happened and we do the heavy lifting for you. Emails, calls, escalations until it's resolved. While you get on with your life.
Get help from Ajust
What doesn't work
- Sending it to the manufacturer because the store told you to. NSW Fair Trading says stores must not send you to the manufacturer for a remedy.
- Throwing it away or taking it apart. You lose the right to reject a product that is thrown away, destroyed or damaged after delivery through no fault of the store.
- Waiting months before rejecting it. The right to reject runs only until the fault would reasonably be expected to appear; after that you are left with compensation.
- Accepting store credit for a refund. NSW Fair Trading says a refund should be in the same form as your original payment.
- Arguing at the counter only. Fair Trading and the tribunal ask for the written rejection and the written reply.
Common questions
It broke in the first week. Is that a major failure?
It can be. Consumer Affairs Victoria gives the example of a café-quality blender whose blades snap after 2 weeks and calls it a major problem, so the buyer can ask for a refund. A product that fails far earlier than it should for its type and price points the same way.
I already agreed to a repair. Can I still ask for a refund?
Yes, for a major failure. Consumer Affairs Victoria says a consumer who agreed to repair a major failure does not lose the right to a refund or replacement and may still reject the product. Put it in writing if the repair fails or takes too long.
The store says to send it to Dyson. Do I have to?
No. NSW Fair Trading says businesses must not tell a consumer to go to the manufacturer for a remedy. You can contact Dyson if you want its own guarantee, but your refund or replacement claim is with the store you bought it from.
Do I need the original box?
No. Consumer Affairs Victoria says you have the same rights whether or not the goods are returned in the original packaging. Keep whatever proof of purchase you have, such as the receipt, the order email or the card statement showing the payment.
The store insists it's a minor fault. Who decides?
The tests decide, not the store's label. Put your reasons in writing against each one: unsafe, can't do its job and can't easily be fixed, or something you would not have bought. If the store still disagrees, this is the point where most people hand it to Ajust to take to Fair Trading.
Still stuck? Let Ajust take it from here
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