Advising Rachel of her right to get her money refunded under the Australian Consumer Law and possible defence against the action brought by Charlie

Individual project

TABLE OF CONTENTS
Question1: Advising Rachel of her right to get her money refunded under the Australian
Consumer Law:............................................................................................................................3
Question2: Advising Beth whether there is a possible defence against the action brought by
Charlie..........................................................................................................................................4
REFERENCES................................................................................................................................7

Question1: Advising Rachel of her right to get her money refunded under the Australian
Consumer Law:
Every consumer has certain right before, during and after purchase of a product,
consumer can use their right to claim product replacement, repair and refund under condition that
meet requirement of both government law and policy of store. Getting refund is challenging task,
consumer need to provide brief discussion and careful description of the issue they have faced
during use of the product (Pearson, 2018). According to the given scenario, Rachel had purchase
a dress for an event where she founded a suitable dress at the store La Fashionista but after
wearing the dress at the event she changed her mind set and wanted to return back the dress to
the store where the storekeeper refused to take the dress back according to their rules and
policies. Storekeeper can take the dress back if the dress was torn or have any kind of damage
but Rachel did not understand and agreed with their policies and claimed a case against the store.
However, store or seller does carry certain right which allow them to neglect the allegation or
claim by consumer. According to the given scenario, it has been mentioned that Rachel has no
fully right to return the dress because it was not torn and damaged where the store seller can
defend herself and can prove innocent in front of the court where she did not practise any kind of
false activities. In the case of Rachel, she is not entitled to get refund whereas store owner or
seller have right to stand against such claim in legal way. This is considered as refund fraud in
which consumer is had purchase product, used it and claiming full refund which is clearly fraud
and consider as illegal in market practice. Under The Australian Consumer Law section 58
(Goods Must Be In Acceptable Quality), consumer carry right to claim refund if following points
are fully satisfied, these are:
Minor damage:
 Minor damage simply called when it has been founded torn and damage by the seller
itself. If the product have minor damage then consumer secure right to repair and replace,
however in normal cases they are not entitled to get full refund. Minor damage is
considerable for both consumer and business, either business replace and repair the
product or consumer get new item with no extra pay. In the case of Rachel, her product or
dress was not damage in terms of minor damage so, it is no possible for her to claim
refund (Waye, 2018). Rachel has stated that she changes her mind and did not want a