Your Rights Under the Australian Consumer Law
This page is provided for consumer information purposes only and is not intended to be a complete or exhaustive summary of the Australian Consumer Law. Further information can be found at www.consumerlaw.gov.au.
Please click here to see Frequently Asked Questions
1. Statutory Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The ACL contains statutory guarantees that apply to Samsung goods sold in Australia. These guarantees require:
- Goods to be of acceptable quality, that is, fit for the purpose for which goods of the same kind are commonly supplied, acceptable in appearance and finish, safe and durable, based on what a consumer would reasonably expect given the nature, price and description of the goods. The goods should also be free from defects that were not obvious or drawn to the consumer's attention at the time of purchase;
- Goods to be reasonably fit for a purpose disclosed, either expressly or by implication, and relied upon by the consumer;
- Goods to be the same as their description, sample or model;
- Samsung to ensure repair facilities for the goods are reasonably available for a reasonable period after the goods are supplied;
- The seller to have good title to the goods;
- The consumer to have the right to undisturbed possession of the goods; and
- The goods to be free from any security, charge or encumbrance not disclosed or known to the consumer.
These guarantees may continue to apply after your Samsung express warranty (where applicable) has expired.
Nothing in your Samsung express warranty (where applicable) purports to modify or exclude the statutory guarantees, and other legal rights, under the ACL. For further information on the Samsung express warranty, please visit:
2. Statutory Remedies
If goods sold by Samsung or a retailer do not meet a statutory guarantee, you are entitled to a remedy from either Samsung or the retailer.
The ACL distinguishes between 2 types of faults: (i) a major failure; and (ii) a non-major failure.
Under the ACL, a major failure will occur where:
- The goods would not have been acquired by a reasonable consumer if they were aware of the issue;
- There is a significant departure from the supply description, or sample or demonstration model;
- The goods are unsafe; or
- If one of the following occurs which cannot be remedied easily within a reasonable time:
- The goods are substantially unfit for their purpose; or
- The goods are unfit for a disclosed purpose made known prior to acquisition.
A non-major failure is any failure that is not a major failure.
The following remedies are available:
- Where the goods can be repaired and the failure to comply with the warranty is not a major failure (as defined in the ACL), Samsung or the retailer may (at their election):
- Repair the goods;
- Replace the goods with the same or similar product; or
- Refund you the amount paid or payable for the goods.
- In each case the appropriate statutory remedy provided will depend on a number of factors, including:
- What is reasonable in the circumstances;
- The nature of the fault;
- The type of good;
- The length of time that you have owned the good; and
- Any other relevant circumstances relating to the supply of the goods.
- If Samsung or the retailer fails to remedy the failure or fails to do so within a reasonable time, you may reject the goods or require Samsung or the retailer to pay the cost of repairing or replacing the goods.
- Where the goods cannot be repaired or the failure to comply with the warranty is a major failure (as defined in the ACL), you may reject the goods or require Samsung to pay compensation for any reduction in the value of the goods below the price paid or payable by the consumer for the goods. If you reject the goods, you are entitled to, at your election, a repair of the goods, a replacement product, or a refund of the amount paid or payable by you for the goods.
- You may also be entitled to compensation for any other reasonably foreseeable loss or damage.
HOWEVER, you will not be entitled to a remedy where:
- You purchased the goods at a sale by auction (as defined under the ACL);
- The loss or damage suffered was not reasonably foreseeable as a result of the failure to comply with a statutory guarantee;
- The specific defect about which you have made a claim was specifically brought to your attention prior the purchase of the product;
- The defect about which you have made a claim was caused by you having misused or abused the goods, or where you have failed to properly maintain the goods (including failing to follow the instructions in the user manual provided with the goods);
- The failure to comply with the guarantee occurred only because of a cause independent of human control and after the goods left the control of Samsung or the retailer, for example, acts of God.
3. Further Information on the Australian Consumer Law
You can find further information on your rights under the ACL by visiting www.consumerlaw.gov.au.
Questions we’re frequently asked by customers regarding the Australian Consumer Law!
1. Who can I contact if my Samsung product has a manufacturing fault?
If you purchased your Samsung product in Australia and think you are entitled to a remedy, you can contact:
- (a) Samsung on 1300 362 603 or via www.samsung.com/au; or
- (b) the retailer from whom you purchased your Samsung product.
2. What remedies are available if my Samsung product has a manufacturing fault?
We’re not in the business of making defective products, but in some cases manufacturing faults occur.
In Australia, our goods come with guarantees set out in the Australian Consumer Law (ACL). If your product suffers from a manufacturing fault that is not a major failure and that can be repaired, Samsung (or the retailer) may choose to repair the product, provide you with a replacement product or provide you with a refund. If your Samsung product is suffering from a major failure, you have the right to choose to have the product repaired, replaced or to receive a refund.
If you have suffered loss or damage because the Samsung product failed to comply with a consumer guarantee, you may be entitled to compensation if it was reasonably foreseeable that you would suffer such loss or damage as a result of such a failure.
3. What is a major failure?
A manufacturing fault will be a major failure if a reasonable consumer, aware of the issue, would not have purchased the product. A major failure can also occur where:
- there is a significant departure from the supply description, sample or demonstration model; or
- the products are substantially unfit for their purpose, or are unfit for a purpose made known before the purchase, and this cannot be remedied easily within a reasonable time.
4. What happens if my Samsung express warranty has expired?
Your rights under the ACL are separate from your rights under any other express warranty that we provide with your Samsung product. You may still have rights under the ACL with respect to a manufacturing fault, even if your Samsung express warranty has expired. Nothing in a Samsung express warranty alters the rights that you have under the ACL.
If you think your Samsung product has a manufacturing fault, please refer to FAQ 1 above for further details about who you can contact.
5. Do I have to pay to exercise rights that I have under the ACL?
You do not have to pay for exercising your rights in respect of faulty products under the ACL.
6. Are there circumstances in which I will not be entitled to an ACL remedy from Samsung?
You will not be entitled to an ACL remedy from Samsung where the relevant fault was caused by you misusing or abusing the product, or where you have failed to properly maintain the product (including by failing to follow the instructions in the Samsung user manual).
You will not be entitled to an ACL remedy where you simply change your mind, or if the specific defect was brought to your attention before you purchased the product.
7. What if I purchased my Samsung product at an auction?
Some consumer guarantees do not apply to products where the supply occurred by way of sale at auction, run by an auctioneer acting as agent for the owner of the products.
8. Do I need to keep my receipt?
Your receipt is your best proof of purchase. Samsung strongly recommends that you keep a copy of your receipt after you have purchased your Samsung product.
Samsung requires a proof of purchase to verify that you purchased the faulty product and to confirm the price that you paid for the product.
This information is important to ensure that you receive the ACL remedy to which you are entitled.
9. Where can I find more information?
Further information in relation to the consumer guarantees is available at www.consumerlaw.gov.au