Consumer Rights For Phones

Summary

Under Australian Consumer Law, products must be fit for purpose, including essential components like chargers. Consumer guarantees cannot be excluded by terms of sale. If a mobile phone is sold without a charger and its essential for its operation, you can seek recourse by contacting the retailer, the ACCC, or through legal channels. You can request a refund, repair, or replacement. Manufacturers may sell phones without chargers for various reasons, but this must comply with consumer law. Always check product descriptions and terms of sale.

Full Conversation

I need advice about Australian Consumer Law as a customer perchasing a new moble phone.
Hello ****, under the Australian Consumer Law, you have certain rights when purchasing goods, like mobile phones.
- Goods must be of acceptable quality.
- They must match their description, sample, or demonstration model.
- They must be fit for their disclosed purpose.
- They must come with clear title, unless otherwise stated.
Any issues can be resolved by the retailer or manufacturer. If not, you can contact the ACCC.
Is a moble phone fit for purpose, if it is sold without the charger?
Hello ****, under Australian Consumer Law, products should come with everything required for them to function as expected. If a charger is essential for the phone's operation and not included, it could be argued the product isn't 'fit for purpose'. However, this might depend on the product description or terms of sale.
Would the terms of sale override the consumer guarantees?
Hello ****, under the Australian Consumer Law, consumer guarantees cannot be excluded, even by a contract's terms. Therefore, the terms of sale would not override these guarantees. Regardless of any terms of sale, a product must always meet the consumer guarantees.
So in this case a phone sold without it's charger isn't fit for purpose, do I have any recourse?
Hello ****, if your mobile phone was sold without a charger and it's essential for the phone's operation, you may have recourse under the Australian Consumer Law. You can:
- Contact the retailer for a resolution.
- If unresolved, contact the ACCC.
- Seek remedy through the tribunal or court.
If I contact the retailer, can I ask for a refund?
Hello ****, yes, under the Australian Consumer Law, you can certainly ask the retailer for a refund if a product isn't fit for purpose. However, the retailer may also have the option to replace or repair the item. It's always a good idea to contact them first to discuss your concerns.
How is the manufacturer able to sell the phone without the charger if this is against consumer law?
Hello ****, manufacturers may sell phones without chargers due to changing industry norms, environmental considerations, or other reasons. However, if this practice contravenes the Australian Consumer Law, consumers can seek recourse. It's always recommended to check the product description and terms of sale before purchase.