For businesses / Terms, refund policies and warranties
Terms, refund policies and warranties: a legal check
Most consumer law problems for businesses start with wording: a refund policy that understates customers' rights, a warranty without the required text, or a term that is unfair. Penalties have doubled since March 2026.
On this page: What I check What you receive Why now Questions The law Enquire
In short
- Most consumer law problems for businesses start with wording: a refund policy that understates customers’ rights, a warranty without the required text, or a term that is unfair.
- I check a standard set of terms and conditions (up to 10 pages), your refund and returns policy, your warranty against defects, and subscriptions and online checkout.
- You receive a written review with marked-up changes, a short explanation of each risk in plain English, and one round of questions on the changes.
- Since 28 March 2026, the maximum penalty for a company is the greatest of $100 million, three times the benefit, or 30% of adjusted turnover.
- Cost and next step: $1,980 fixed fee, including GST. Start online or call 1800 776 529.
What I check
- Terms and conditions (a standard set up to 10 pages): unfair terms in consumer and small business contracts, such as one-sided cancellation, variation, penalty and limitation of liability clauses.1
- Refund and returns policy: that it does not suggest customers have fewer rights than the law gives them.2
- Warranty against defects: if you give one, it must meet the legal requirements and include the prescribed wording.3
- Subscriptions and online checkout: ahead of the new rules on subscription traps and drip pricing from 1 July 2027.4
What you receive
A written review with marked-up changes, a short explanation of each risk in plain English, and one round of questions on the changes. Longer documents, several sets of terms or advertising reviews are quoted.
Why now
- Since 9 November 2023, using an unfair term is itself a breach of the law, each term counted separately.5
- Since 28 March 2026, the maximum penalty for a company is the greatest of $100 million, three times the benefit, or 30% of adjusted turnover.6
- A warranty against defects without the required wording can attract a penalty of up to $50,000 for a company.7
Questions
Have another question? Phone 1800 776 529 or send me a message.
Possibly, both because their terms may not suit your business and because they may contain unfair terms. A check costs far less than a dispute.
Yes, if your customers include small businesses (fewer than 100 employees or turnover under $10 million) and you use standard form contracts.1
The law
- ACL ss 23 to 28, including s 23(4).
- ACL s 29(1)(m).
- ACL s 102; Competition and Consumer Regulations 2010 (Cth) reg 90(2) (the prescribed wording).
- Competition and Consumer Amendment (Unfair Trading Practices) Act 2026 (Cth): new ACL ss 48A to 48H, from 1 July 2027.
- ACL s 23(2A) to (2C).
- ACL s 224(3A).
- ACL s 102(2), s 224(3) item 9 ($50,000 for a company, $10,000 otherwise); also a strict liability offence, s 192.
Last reviewed: November 2026. This page is general information about Victorian and Commonwealth law as at November 2026. It is not legal advice about your circumstances.
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Phone: 1800 776 529
Email: info@consumerlawyers.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
I act for consumers and for businesses, but never for both sides of the same dispute. Before I start, I check that I have not acted for the other party.