RESOLVE

As a consumer you have rights, and responsibilities, under Australian Consumer Law (ACL) when you purchase a product or service. When you purchase a product or service it is automatically assumed that it will work and do what is was intended. These are called your consumer guarantees, and is different to a warranty.

Consumers are entitled to a solution of a repair, replacement or refund if a product or service they buy doesn’t meet one of the basic rights. These basic rights are known as consumer guarantees.

The solutions are collectively referred to as remedies. What remedy the consumer is entitled to generally depends on:

what was bought (whether the problem is with a product or a service)
the seriousness of the problem (whether the problem is major or minor).

A business has the right to assess the product or service before they provide a remedy.

Businesses can’t take away a consumer's right to a refund or replacement for faulty products or services. It’s illegal for businesses to rely on store policies or terms and conditions which deny these rights. For example, policies which say ‘no refunds’ or ‘no refunds or exchanges on sale items’.

There are occasions when consumers aren't entitled to a repair, replacement or refund, such as if they got what they asked for but simply changed their mind (either they found the product cheaper, decided they didn't like the purchase or had no use for it); they misused the product; they know of or were made aware of the problem with the product before they bought it (though a different problem with the product may make them entitled to a remedy); they asked the service to be done a certain away against the advice of the business; or the problem with a service was caused by the actions of someone other than the business.

pathway to a resolution

There is a simple pathway to resolving a dispute with a business. Often a dispute can be resolved by discussing the issue with the business. However, in the rare event the matter cannot be resolved this way, we advise to follow these steps.

If your complaint involves a JAA jeweller and is an issue of a technical nature, you may submit a complaint to the JAA, via the below form.

1. WRITE A LETTER/EMAIL

Always try to resolve a problem with a business yourself first. You can do this by speaking directly with the salesperson or manager. If this fails, write a complaint letter.

Outline your complaint with keys dates, note actions you have taken to resolve the matter, how you would like to resolve the matter and a timeframe in which you would like the business to respond (14 days is sufficient). Include copies of supporting documentation.

Contacting a business 

2. CONSUMER DEPARTMENTS

You can speak with your local state and territory consumer protection agency. They're sometimes called 'consumer affairs' or 'fair trading' agencies.

They can provide you with information about your rights and options. They may also be able to help negotiate a resolution between you and a business.

Note: The ACCC does not resolve individual complaints or provide legal advice.

State Protection Agencies 

3. TRIBUNALS

Each state's small claims tribunal provides a simplified and accessible legal process for consumers to resolve disputes involving small amounts of money (mainly under $100,000), and typically without the need for lawyers. It handles cases such as faulty goods and, services not provided as agreed. The tribunal aims to deliver a fair and quick resolution, offering an affordable way for consumers to seek justice and recover losses. There is usually a fee involved for taking an issue to a small claims tribunal.

Small claims tribunals 

JAA RESOLVE

We regret that you have a reason to make a complaint to the Association regarding a JAA jeweller. If your efforts to resolve an issue with a JAA jeweller has been unsuccessful by following step 1 as outlined above, the JAA will attempt to mediate a successful outcome through our complaints resolve process or suggest a way forward. Please note that the JAA cannot legally enforce a resolution or settlement. Additionally, the JAA is unable to offer the complaints resolve process if you have already lodged a complaint with your state protection agency.

If you need assistance from the JAA in resolving a dispute of a technical nature involving a JAA member, please fill out the complaint form below.

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The Jewellers Association of Australia acknowledge the Traditional Owners of the land where we work and live. We pay our respects to Elders past, present and emerging.
We celebrate the stories, culture and traditions of Aboriginal and Torres Strait Islander Elders of all communities who also work and live on this land.