What to expect from the goods you buy

Every time you buy something from a business or sole trader you are entering a sales contract. You don’t need to sign anything or even speak to the trader to form a contract – just the act of paying for an item is enough.

Businesses generally can’t opt out of their consumer law obligations by using a disclaimer or putting a sign up in the shop.

Sales contracts can contain both general and specific terms. General terms cover factors such as whether an item is as durable as other, similar, items and whether it meets industry standards. Specific terms cover things such as the description and quantity of an item that you specially agreed with the trader when you entered the sales contract.

What are ‘goods’?

Goods are physical things that you can move and transport. They do not include houses and apartments.

Goods also include physical items with digital elements, like smartphones or games consoles with pre-loaded games. Different consumer rights apply to purely digital products, like phone apps.

What should I generally expect from the goods I buy?

Under consumer law, goods must be ‘in conformity with’, or meet, any general and specific terms in a sales contract. In other words, the item you have bought must do what an average consumer would expect that type of item to do and match any requirements you made clear to the trader when you bought the item.

If, however, a business draws your attention to a minor issue with an item before you buy it – and you still choose to purchase it – you cannot later complain that the item was faulty or otherwise did not meet the sales contract.

What are general terms in a sales contract?

The general terms are the basic requirements in any consumer contract. The standard of the goods for sale must be what a consumer would normally and generally expect from the same type of goods.

In particular, the goods must be:

• fit for the purpose for which similar types of goods would normally be used
• of the same quality and quantity as any display sample viewed before the sale
• supplied with any accessories, such as packaging or instructions, that a consumer may reasonably expect to receive
• as durable, compatible and functional as a consumer would reasonably expect, or as described in advertising, labelling or by statements made in the store.

Exceptions to general terms

Retailer alerts you to a difference in features

If the retailer says that an item has a feature that means it no longer meets all the general contract terms, and you clearly accept this, you cannot then return the item because of that same feature.

Public statements were not known, later corrected or not influential

You cannot hold a retailer responsible for any claims or statements about an item if:

• the retailer can show they were not aware of the statement
• a correction was made through the same channel as the original statement before you paid for the item
• the statement couldn’t have influenced you to buy the item.

Specific sales contract terms

As well as meeting the general terms in the sales contract, goods must also match any specific terms relating to:

• the colour, size or number of the goods
• the version or make of the goods
• a specific function that you made clear you wanted and the trader accepted before you entered the sales contract
• accessories or instructions, for example to assemble or use the goods
• any arrangements for after-care for an agreed or reasonable period.

When something goes wrong

If the goods don’t meet one or more of the general or specific terms of the contract, you are entitled to have the business or trader fix the issue. You have a number of options if there is a problem with goods you have bought, including if the goods are faulty.