Legal Question in Consumer Law in Australia

Goods sold are not returnable

I purchased a pair of jeans at a sale. Due to long queue at the fitting room, I bought it without trying (for size).

It did not fit.

There were 2 notices affixed near the cash register. First, ''goods sold are not returnable'' (without a grace period mentioned). Second, ''all customers are to check the conditions of the merchandise''.

I went back to the store and I was refused a change (for appropriate size) or refund.

Am I bound by the notices?


Asked on 10/20/03, 3:53 am

1 Answer from Attorneys
Tim Wishart McMahons National lawyers

Re: Goods sold are not returnable

You made a choice to purchase those jeans without trying them on.

The shop has an obligation to give you a refund or credit or exchange if the goods were not fit for the purpose for which they were purchased or not of merchantable quality - that refers to manufacturing defects rather than size.

I am somewhat surprised that the shop did not offer a credit or exchange (as a goodwill/PR gesture) but as a matter of law, in your situation, there is no obligation to do so.

The notice saying that goods are not returnable is not correct because, as a matter of law, in some circumstances the trader is obligated to do accept returned goods.

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Answered on 10/20/03, 5:15 pm


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