35. A retailer displays a notice stating that no refunds are available. Will this be in breach of the ACL? Would the dealer be protected if the notice said: ‘This store does not refund any money and will only repair goods in accordance with the manufacturer’s warranty. This is subject to any requirements of the Australian Consumer Law’?
Certainly, the consumer guarantees in Part 3-2 Division 1 of the ACL cannot be excluded because s64 provides that any term of a contract ‘is void to the effect that the term purports to exclude, restrict or modify or has the effect of excluding, restricting or modifying:
(a) the application of all or any of the provisions of this Division
(b) the exercise of a right conferred by such a provision
(c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.
