You paid $800 for a couch. It arrived with a rip down the side and a cracked leg. The store says: “You signed for it, so it’s yours now.” Or: “That’s transit damage, take it up with the freight company.” Or the classic: “We can offer you a $50 voucher.”
All three answers are rubbish.
Signing for a delivery is not accepting damage
Signing the driver’s tablet means “a box arrived”. It does not mean “I inspected every inch and I’m happy”. Nothing in the Australian Consumer Law says your rights vanish because you scribbled on a screen.
What the law actually says
- Section 54 – goods must be of acceptable quality: free from defects, safe, durable, and looking like they should. A ripped couch fails.
- Section 55 – goods must be fit for the purpose you told them about. A couch with a broken leg is not fit to sit on.
- Section 56 – goods must match the description. The website did not show a rip.
- Section 267 – when there is a major failure, you get to choose: refund, replacement, or keep it and get compensated for the drop in value.
A major failure is one where a reasonable person would not have bought the item if they knew about the problem. Nobody buys a torn couch on purpose. So it is major. So you choose.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Where should we send it?
The store’s “transit damage” excuse
The store chose the freight company. The store packed it. The store’s contract is with the carrier. Your contract is with the store. If they want to chase the carrier for their loss, great, that’s their job. It is not yours.
Do this today
- Photograph every bit of damage, the packaging, and the delivery label.
- Email the store once: “This is a major failure under s 54 and s 267 of the ACL. I elect a full refund. Please arrange collection within 7 days.”
- Do not accept a voucher, a “repair” you didn’t ask for, or a partial refund unless you actually want one.
When they stall, send a Letter of Demand
Furniture stores know most people give up after two or three unanswered emails. A formal Letter of Demand citing the exact ACL sections, setting a 14-day deadline, and naming your state tribunal changes the maths. Now ignoring you costs them a tribunal hearing, a filing fee, and possibly a public decision with their name on it.
A written demand gives them a clear deadline and a record if you need to go further.
If they don’t, you file at the tribunal. Fees start around $50 to $60 in most states, no lawyer needed, and you already have all the evidence sitting in your phone.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.