Your Rights Under the Australian Consumer Law

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 goods sold by Samsung Electronics Australia Pty Ltd (ACN 002 915 648) (Samsung) 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) or in any other material produced by Samsung purports to modify or exclude the statutory guarantees, or other legal rights, under the ACL that are unable to be so modified or excluded. For further information on the Samsung express warranty, please click here.

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 statutory remedies are available:

• Where the goods can be repaired and the failure to comply with the guarantee 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 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); and
• 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.

You can find further information on your rights under the ACL by visiting www.consumerlaw.gov.au