Not as described dispute: Australian Consumer Law

The parcel arrives, the customer opens it, and the message lands a few hours later: "This is not what I ordered." Sometimes they are right. Sometimes the item is exactly what the page said and the customer simply imagined something else. Either way, you have a few days at most before the conversation moves from your inbox to their bank, and the way you handle the first reply decides which way it goes.

A not as described dispute is a chargeback or complaint where the customer says the item they received is significantly different from the listing, photos or sample they bought from. In Australia the Australian Consumer Law sits behind that claim. The ACCC treats an item that is significantly different from its description or sample as a major problem, which means the customer can choose a refund or a replacement. On Shopify, the dispute usually arrives under the reason "product unacceptable". This guide explains how the two fit together, how to tell a real misdescription from a mismatch of expectations, and exactly what evidence to assemble before the due date.

This guide is for you if:

A customer says the item is not as described, and you need to decide what you owe them.
You have a "product unacceptable" dispute open on Shopify Payments and want to know what to submit.
You want product pages that make this kind of claim harder to win.

Last updated: 9 October 2026. Written by the ChargeFix team. Reviewed against sources on 9 October 2026.

The 30-second answer (TL;DR)

The ACCC says a problem is major if the item is significantly different from its description or sample. For a major problem the customer chooses a refund or replacement, with no deduction for use.
The word is "significantly". A small shade difference is unlikely to qualify. A different material, a missing part or the wrong size probably does.
You cannot send the customer to the manufacturer. You must offer the remedy.
On Shopify, Shopify's chargeback reasons page suggests, for product unacceptable, evidence of fulfilment details, tracking, product descriptions and photos, and proof the customer did not try to return the item or that a replacement was sent.
Compare what you said with what you shipped, in writing, before you reply. Your product page is both your best evidence and your biggest exposure.
If the claim is right, refund early. A full refund ends an inquiry. An open chargeback cannot be refunded.
If the claim is wrong, reply politely, show the match between page and item, and offer a path such as a return under your change of mind policy.

Quick note: The test is about what a reasonable buyer was told. It is not about what you meant. If your page says "genuine leather" and the item is vinyl, your intention is irrelevant. If your page says "brown" and the item is a slightly different brown on the customer's screen, the difference needs to be significant before the guarantee bites.

Not as described at a glance

Question	Answer
Which ACCC test applies?	Significantly different from description or sample
How is it classified?	Major problem
Who chooses the remedy?	The customer: refund or replacement
Deduction for use?	No
Where does a refund go?	The original payment method
Shopify dispute reason?	Usually "product unacceptable"
Key evidence	Product page, photos, fulfilment record, communication
Can "no refund" wording help?	No, it does not override consumer rights

What counts as "not as described" in Australia?

The ACCC's repair, replace, refund, cancel page lists four situations that make a problem major. One is that the item is significantly different from its description or sample. That sentence is the whole legal anchor for a not as described claim, so it pays to take it apart.

"Description" is wider than the paragraph on your product page. It includes the title, the photos, the size chart, the material list, the bullet points, the claims in your advertising and what you say in messages before the sale. A buyer can fairly rely on any of it.

"Sample" matters if you showed or sent a sample, a swatch or a demo unit. The delivered item should match it.

"Significantly" is the filter. The page does not give a numerical threshold, and we could not verify a more precise test, so the safest reading is practical. Would a reasonable buyer who knew the real difference still have bought it? If not, the difference is probably significant.

Which differences usually count?

These are illustrations of reasoning, not legal advice:

Difference	Likely significant?	Why
Listed as solid timber, delivered as veneer	Yes	Material is central to value
Listed as 100 cm, delivered as 80 cm	Yes	Size changes whether it fits the purpose
Missing component shown in the photos	Yes	Item is incomplete
Listed as new, delivered used	Yes	Condition is central
Slightly different shade on screen	Probably not	Screens vary
Minor packaging change	Probably not	Does not affect the goods
Photo shows styled props that are not included	Depends	Clear labelling helps

The last row matters most for photography. If a styling prop appears in the image, say in the text that it is not included. It costs one line and removes a common complaint.

Is it a misdescription, a fault or a change of mind?

Customers use "not as described" loosely. Before you choose a reply, sort the complaint into one of three buckets.

Misdescription. The item works, but it is not what you said it was. The ACCC test of significant difference applies.
Fault. The item is what you said it was, but it does not work properly. See our guide to major vs minor failure.
Change of mind. The item matches the description and works, but the customer does not want it. The ACCC says change of mind is not covered by the guarantees, though any policy you offer must be honoured. See change of mind refunds.

Two questions separate them. First: does the item match every claim on the page? If not, you are in misdescription territory. Second: does it work as a buyer would expect? If not, you are in fault territory. If the answer to both is yes, you are most likely facing a change of mind.

The five minute comparison

The quickest way to classify is a side by side check. Open the order, then:

Save the product page as it was on the order date. If you do not have a dated copy, use the earliest one you can find and note the date.
List every concrete claim: material, size, colour, quantity, what is included, condition.
Ask the customer for photos of the item beside a ruler or the packaging, and of anything they say is wrong.
Compare, line by line.
Write one sentence on the order: "Matches description" or "Differs: [what]".

If the item differs on any concrete claim, treat the problem as major and offer a remedy. If it matches, reply with the comparison and offer options.

Why does a not as described dispute happen in the first place?

Almost every claim traces back to one of five causes. Knowing which is yours tells you what to fix.

A gap in the product description. The page was vague, so the buyer filled the gap with their own assumption. The consumer guarantees look at what a reasonable buyer would take from the listing, so vagueness is a risk.
A supplier change. The supplier swapped a material, a component or a batch, and the page did not change.
Photography that flatters. Lighting, props and editing make the item look bigger, richer or different in colour.
A wrong variant shipped. The page was right and the warehouse picked the wrong size or colour. That is a fulfilment error, but the customer still received something that differs from what they ordered.
An expectation mismatch. The page was accurate and the customer imagined something else. This is the one you can defend.

Count your last ten claims against these five. If three are supplier changes, you need a supplier checkpoint. If four are vague descriptions, you need a rewrite. A short tally each month pays for itself.

What do real not as described cases look like?

The cases below are invented illustrations, with assumed figures, to show how the reasoning runs. They are not legal advice.

Case 1: the veneer desk (A$420). The page says "solid oak desk". The customer sends a photo of a chipped edge showing particleboard under the veneer. The description is significantly different from the item. This is major. The customer chooses a refund or replacement. A replacement would repeat the problem, so the seller refunds, pays reasonable return costs for the bulky item, and corrects the page. Cost: A$420 plus freight, against a possible A$420 plus A$25 fee plus loss of the stock if refused.

Case 2: the "navy" bag (A$95). The page says "navy". The customer says it looks black. Photos show a very dark navy under indoor light. The seller compares with the dated page and the supplier sample, sees the item is the listed colour, and replies with the comparison. The customer accepts a return under the seller's change of mind policy. Cost: the A$95 refund plus return postage, with the stock back on the shelf.

Case 3: the wrong size (A$60). The customer ordered medium and received small. The page was right; the warehouse picked wrongly. The item is not what was ordered. The seller apologises, sends the correct size with prepaid return, and records the error. Cost: postage both ways, no dispute.

Notice the pattern. In each case the seller compared the item with the page first, then chose the remedy. The comparison is the habit worth building.

What if your supplier is to blame?

A supplier change that makes the item different from your listing is still your problem with the customer. The ACCC says you cannot send the customer to the manufacturer, though it notes that a manufacturer can reimburse businesses. In practice:

Give the customer the remedy first.
Then go to the supplier with the order, the photos and the page, and ask for a credit or replacement stock.
Update the product description so the next batch is described accurately.
Add a supplier checkpoint: ask for a written confirmation of materials and specifications for each new batch.

We could not verify the exact reimbursement rights a manufacturer owes a seller in each situation, so check your supplier agreement and, if the amount is large, take advice.

How do you audit a product description in ten minutes?

Pick your five best selling products and run this audit:

Read the title as a stranger. Does it promise anything the item does not deliver?
Read the first photo. Would a buyer expect something that is not in the box?
Find every number. Is each one measured, and is the unit stated?
Find every material word. Is each one accurate for the whole item, not just the main part?
Look for superlatives such as "premium", "genuine" and "professional". Can you prove each one?
Check the last edit date against your last supplier change.

Fix anything you cannot defend. A product description that you could read aloud to a customer's face, line by line, is a product description that survives a dispute.

What do you owe if the claim is right?

If the item is significantly different from the description or sample, the ACCC treats it as a major problem. For a major problem, the customer chooses:

a refund, to the original payment method, with no deduction for use, or
a replacement, or
to keep the item and receive compensation.

You may not send the customer to the manufacturer. If a fault or misdescription is confirmed, you must reimburse reasonable return costs, and pay collection for bulky items. Customers do not need the original packaging. If no fault is found, the ACCC says you may charge collection and inspection costs, with a reasonable estimate given in advance, so say that in your policy.

A practical note on replacements: a replacement of the same item may repeat the mistake. If your page was wrong, correct the page first. Otherwise you are sending another item that does not match the description.

Illustration: an A$180 item that is not as described

Outcome	Seller cost (assumed)
Refund and return postage, item resaleable	A$180 refund plus A$12 return postage, stock back
Replacement with correct item	A$75 cost of goods plus A$10 postage, item returned
Refusal, customer disputes and wins	A$180 refund plus A$25 dispute fee, no stock
Refusal, customer disputes, you win	No loss, but time spent and a dispute on your rate

The figures are illustrative. The pattern is the point: early remedy is cheap, refusal after a real misdescription is expensive, and even a win costs time. Shopify says every dispute counts toward the chargeback rate, and a high rate can lead to an account health notice, a reserve or NDRP enrolment, with an NDRP fee of A$25 in Australia.

What do you do if the not as described dispute claim is wrong?

Sometimes the item matches the page and the customer is mistaken or has changed their mind. Handle it in four steps.

Acknowledge quickly. Reply within a day. Speed is the single most effective prevention step in Shopify's guidance.
Show the match. Send the relevant lines from the page beside the customer's photo. Be specific and polite.
Ask what they expected. Sometimes there is a real gap in your description that you can fix.
Offer a route. If you have a change of mind policy, offer it. If you do not, say you cannot accept the return but will help with any fault.

Do not accuse the customer of lying. A neutral tone reads well to an issuer later.

A reply template

Hi [name], thanks for sending the photos and sorry the item isn't what you were hoping for. We've compared your order with the listing you bought from: it says [claim 1], [claim 2] and [claim 3], and the item you've shown us matches those. If we've missed something, tell us exactly what differs and we'll look again. If you simply prefer something different, you can return it unused within [X] days under our returns policy and we'll refund your original payment method.

It states the facts, invites correction and gives an option. None of that is a refusal, which keeps the conversation alive.

How does a not as described dispute work on Shopify?

When the customer files with their bank, the dispute appears in Shopify Payments, usually under the reason "product unacceptable". The deadline is typically 7 to 21 days after filing, shown in your store timezone, and if no time is shown it is 11:59 PM. Shopify auto-submits what you have on the due date.

Shopify's reasons page suggests you provide fulfilment details, tracking, product descriptions and photos, and proof that the customer did not try to return the item or that a replacement was sent. Files must be PDF, JPEG or PNG, up to 2 MB each and 4 MB in total, with one file per evidence type and no links. The issuer decides, usually up to 75 days after submission.

The evidence pack, in order

The product page at the time of sale. A dated screenshot or PDF showing title, photos, materials, size and inclusions.
Photos of the item as packed. If you photograph items before dispatch, include one. It shows what left your hands.
Fulfilment and tracking record. It shows what was shipped and delivered.
The customer's message and photos. It shows what they claimed.
Your comparison. A short table matching the claims to the item.
Your reply and any remedy offered, including dates.
Policy. Dated, with proof of where it appeared.

Our chargeback evidence checklist lists the full set, and the guide on how to respond to a Shopify Payments dispute in Australia covers the mechanics of submission.

Should you fight or accept?

Use a simple test. If the item differs significantly from the page, accept or refund. If it matches and you can show it clearly, fight. If it is borderline, weigh the order value against the A$25 fee and the time cost. Our post on whether to accept or fight a Shopify dispute has the maths.

We could not verify how an issuer weighs a product page against a customer's photos, so a strong pack improves your odds but does not guarantee them. Whether the A$25 fee is returned on a win is ambiguous in Shopify's own pages: the resolve page says yes, while the overview says it may be, depending on country.

How do you stop a not as described dispute with better product pages?

The cheapest dispute is the one that never starts, and the consumer guarantees make your product description the first thing anyone checks. Most not as described claims trace back to a gap between what the page implied and what the box contained.

Write the product description like evidence. Every line should be something you could prove with a supplier document or a photo.

Be concrete about materials. "Leather" is vague. "Full grain leather outer, polyester lining" is specific. If you do not know, ask your supplier before you write it.

Give real measurements. Put dimensions in centimetres, say what they measure, and add a size chart for clothing. Include a reference such as "fits a 15 inch laptop".

Say what is included. A short "In the box" list stops disputes over accessories. Say what is not included when photos show extras.

Photograph accurately. Avoid heavy filters. Add a line such as "Colours may vary slightly between screens". That sentence does not excuse a significant difference, but it sets reasonable expectations about small ones.

State the condition. New, refurbished, used or open box. Be precise.

Update when the supplier changes. If a supplier swaps a component, change the page the same day.

Keep a dated archive. Save each version of the product page when you change it. You will thank yourself during the next dispute.

Match the title to the item. A title that overstates ("Premium leather") in order to rank for a search is a source of exposure.

A pre-publish checklist

Material and composition stated
Dimensions given in centimetres
"In the box" list included
Photos match the delivered item
Condition stated
Care or compatibility notes added
Version saved with date

How should support handle the first message?

The first reply sets the tone for everything after it. Give your team a short script and a time limit.

Reply within one business day. Shopify's prevention guidance says to reply quickly, and speed is the cheapest protection you have.
Ask for two photos. One of the whole item and one of the part the customer is concerned about. Do not ask for more unless you need it.
Compare before you decide. Use the five minute comparison. Do not promise or refuse until you have done it.
State the outcome and the next step. Either "we'll send a prepaid label and refund your original payment method" or "here is how the item matches the listing, and here is what you can do".
Record it. One line on the order: date, classification, remedy.

If the customer replies angrily, do not match the tone. A calm, specific message reads well to a bank, and it often turns a dispute into a return.

What should your store policy say about misdescription?

Your policy should say, in plain words, that faulty or misdescribed items get a remedy under the Australian Consumer Law. Avoid wording that suggests "all sales final" covers an item that is not as described. The ACCC says "no refund" signs and terms do not override consumer rights, and relying on them for faulty goods is illegal. Our guides on writing a refund policy and on whether you can say no refunds give wording you can adapt.

Add three short lines: how to report a problem, what you need (usually a photo), and how fast you reply. These make it easier for a customer to contact you than to call their bank.

What's different for Australian merchants?

National law applies. The consumer guarantees apply to goods sold in Australia, and the ACCC page is the plain-language reference. The misdescription test is part of it.

Remedies cannot be contracted out. Disclaimers on the product page do not remove the customer's rights.

Manufacturers are not a shield. The ACCC says you cannot send the customer to the manufacturer, though a manufacturer can reimburse businesses. Recover from your supplier separately.

Bank windows are long. NAB gives cardholders up to 120 days for Visa and Mastercard disputes, varying by reason, and 210 days for eftpos. CHOICE reports that the Visa window can run from the expected delivery date, with a 540 day outer limit, and that a retailer may end up refunding via a chargeback even if it first refused.

Escalation routes exist. Consumer Affairs Victoria says customers can go to AFCA if their bank rejects a chargeback request.

Dollars and dates. Record A$ amounts and full dates, such as "classified as differs on 12 October 2026".

Common mistakes

Defending the intention instead of the page

"We didn't mean it to look like that" does not help. The test is what a buyer was told.

Skipping the comparison

Replying before you compare the item with the page leads to wrong refusals or wrong concessions.

Treating a significant difference as a shade issue

A different material or missing part is not a screen variation.

Using "no refund" wording

It does not override consumer rights, and may make a dispute worse.

Waiting past the inquiry stage

A full refund ends an inquiry. Once a chargeback is open you cannot refund it.

Not saving the page

If you cannot show what the page said on the order date, you lose your best evidence.

Sending the customer to the supplier

The ACCC says you cannot send the customer to the manufacturer.

What we could not verify

A numerical threshold for "significantly different". The ACCC page we read does not give one.
How a card issuer weighs a product page against customer photos.
How the guarantees apply to digital goods, services or marketplace listings.
Whether the A$25 dispute fee is returned on a win, where Shopify's pages differ.
State or territory differences and anything beyond the ACCC page of 21 July 2026.
Case law on how courts have read "description" for online listings.

Where a decision depends on one of these, ask a lawyer or the ACCC and keep the reply on file.

Frequently asked questions

What counts as not as described under Australian Consumer Law?

The ACCC says a problem is major if the item is significantly different from its description or sample. Description covers your title, photos, size chart and claims. Significant differences, such as a different material, missing parts or wrong size, are likely to qualify. A small shade variation is less likely.

What remedy does the customer get for a misdescribed item?

For a major problem, the customer chooses a refund or a replacement, with no deduction for use, and the refund goes to the original payment method. They may instead keep the item and receive compensation. You cannot send them to the manufacturer.

Can I refuse if the item matches my description?

Yes, if it genuinely matches and works. That is more likely a change of mind, which the ACCC says is not covered by the guarantees, although any policy you offer must be honoured. Show the customer the comparison, offer your return option if you have one, and keep the reply.

What does "product unacceptable" mean on Shopify?

It is the dispute reason used when the customer says the item was not as described or was unacceptable, and it is where most not as described claims land. Shopify suggests evidence of fulfilment details, tracking, product descriptions and photos, and proof the customer did not try to return the item or that a replacement was sent.

What evidence should I submit?

Submit a dated copy of the product page, photos of the item as packed, the fulfilment and tracking record, the customer's messages and photos, your comparison and reply, and any remedy offered. Files must be PDF, JPEG or PNG, 2 MB each and 4 MB in total, one per evidence type, with no links.

How long do I have to respond?

Shopify says the due date is usually 7 to 21 days after the dispute is filed, in your store timezone, and 11:59 PM if no time is shown. Shopify submits what you have on the due date. The issuer can take up to 75 days after submission to decide.

Should I refund before the customer disputes?

If the item is significantly different from the description, usually yes. A full refund ends an inquiry, a partial refund does not, and an open chargeback cannot be refunded. Refunding early avoids the A$25 dispute fee and a mark on your chargeback rate, and it fits the consumer guarantees by giving the customer the remedy they were due.

Does "colours may vary" protect me?

It helps set expectations for small variations such as screen colour, but it does not excuse a significant difference. The ACCC says terms do not override consumer rights. Use it for minor variation only, and be accurate about materials, size, condition and what is included.

What if the customer disputes months later?

It is possible. NAB gives cardholders up to 120 days for Visa and Mastercard disputes, depending on the reason, and 210 days for eftpos. CHOICE reports the Visa window can run from the expected delivery date, with a 540 day outer limit. Keep your page archive and order records, and treat the date of delivery as the start of a long tail rather than the end of the matter.

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