Online grocery substitutions and your refund rights

Online grocery substitutions are the swaps a store makes when an item you ordered is out of stock. You may get a different brand, a different size or a similar product. Some swaps are fine. Some are not what you wanted. You can usually control them before you pay, and you have rights if the goods that arrive are not right.

How a substitution works

When you shop online, a staff member picks your order from shelves. If an item is missing, they may choose a replacement. Stores handle this in different ways, so check the options your own store gives you. If you let the store pick a suitable alternative, you can still get what you need. If you do not, an item that is out of stock may simply be left out of your order.

Where a store offers the choice, you can tell it that you do not want a substitute for certain products. So the choice is not all or nothing. You can allow swaps for the milk and refuse them for the one brand of baby food you trust.

Sources: general shopping practice, which varies by store; check your retailer's own online help page.

How to say no to a substitute

The best time to say no is before you place the order. Look for the substitution setting at checkout or in your trolley. Turn it off for the whole order, or turn it off item by item. Use the choice that fits the item.

• Say no for items with a strict need, such as a food you cannot eat in some forms, a particular size, or a product you need for a recipe.
• Say yes for items where almost any brand will do, such as plain flour, tissues or tinned tomatoes.
• Check the product names and sizes when the order arrives. A swap can change the weight, the flavour or the ingredients.

If you avoid certain ingredients, read the label on any swapped item before you eat or serve it. A store cannot know your needs unless the item list tells it. When you are unsure, refuse the swap.

What the law says about the goods you receive

Australian Consumer Law gives buyers basic rights, called consumer guarantees. The Australian Competition and Consumer Commission (ACCC) describes acceptable quality this way: goods should be safe, durable and without defects, and should suit the jobs such goods are normally bought for. A product sold online must also match its description. The ACCC gives the example of towels ordered by colour chart that arrive in a different colour.

These rights apply to online purchases as well as shop purchases. For food, that means a damaged, spoiled or unsafe item does not meet the guarantee, even if the order was packed in good faith. A substitute is also a product you paid for, so it should meet the same standard.

The ACCC also says a business cannot take these rights away. A sign, a policy or a line in the terms that says "no refunds" does not cancel them. Businesses are not allowed to mislead you about this.

Sources: ACCC, Consumer guarantees (accc.gov.au/consumers/consumer-rights-guarantees/consumer-guarantees).

When you can ask for a refund or replacement

If a product has a major problem, the ACCC says the business must let you choose between a refund and a replacement of the same type of product. A major problem includes a product that is unsafe or very different from its description. A refund should be the full amount you paid. It should usually go back the same way you paid, unless you agree to something else.

For a minor problem, the business must fix it for free, which is rarely possible with food. The ACCC says that if a business cannot or will not fix a minor problem in a reasonable time, you can ask for a refund or replacement instead.

There are limits. The ACCC says you are not entitled to a remedy under the guarantees if you simply changed your mind, found the product cheaper elsewhere, or did not like it. A swap that is a sensible match, such as a different brand of the same item, may fall in that group if nothing is wrong with it. Where a store sets its own change of mind policy, it has to stick to that policy.

Sources: ACCC, Repair, replace, refund or cancel (accc.gov.au/consumers/problems-with-products-and-services-you-buy/repair-replace-refund-cancel).

How to claim for a missing or damaged item

Move fast and keep proof. These steps make a claim easier.

1. Check the order as soon as it arrives. Compare the delivery with your receipt or order summary.
2. Take clear photos of damaged goods, leaking packs, spoiled food and the packaging. Keep the item if you can.
3. Write down what was missing, what was swapped and what you paid for each item.
4. Contact the store through its help page, app or phone line. Say which items are wrong and what you want, a refund or a replacement.
5. Ask for the money to go back the way you paid, as the ACCC notes is the usual rule.

Stores often set their own reporting windows for online orders, so read the terms for your retailer and report early. A store's window does not remove the rights above, but a late claim is harder to prove.

If the store will not help, you can raise the matter with your state or territory consumer protection agency. The ACCC says it accepts reports about businesses but does not resolve individual disputes.

Sources: ACCC, Repair, replace, refund or cancel.

A quick checklist before you order

Read the substitution setting every time, because it can differ by store and by order. Keep your order summary. Write notes for items you care about. Open the bags and check the chilled goods first. If something is wrong, act the same day.

A substitution is meant to solve a stock problem for you. If it creates a new problem, you do not have to accept it. Ask for the item or the money.

Sources: ACCC, Consumer guarantees; ACCC, Repair, replace, refund or cancel.