If there’s one reliable thing about the silly season it’s an uptick in shopping. Whether you’re going all out this year, or keeping gifts to a minimum, it pays to know your consumer rights.
Fair Go goes through what you need to know.
Getting what you paid for
Advertising shouldn’t be misleading.
That means the product you pull out of the box should match what you expect based on the TV advert, the picture on the packaging, or the tag at the store.
If the package advertises a pink elephant, but inside there’s a green giraffe, then you might have grounds for a remedy under the Fair Trading Act (FTA).
The FTA does just what it says on the tin – it says businesses are legally obligated to trade fairly.
It says customers shouldn’t be misled, claims about products should be backed up, and sales practices shouldn’t be unfair.
That includes practices like purposefully advertising a low price, and then charging customers more when they try to buy the item.
If a price is advertised, and there’s no fine print that says otherwise, that’s how much the item should cost.
But bad news for shoppers: the exception to this is in the case of a genuine mistake on the part of the store.
If someone slipped up and put the decimal point in the wrong place on the price ticket in store, making that brand new laptop $100 instead of $1000, the store does not have to honour the price at the checkout.
Faulty products
If something you buy shows up broken, falls apart after a couple of uses, or is just unacceptable quality, you don’t have to put up with it.
The Consumer Guarantees Act (CGA) guarantees products bought for personal or household use in New Zealand must be fit for purpose.
If an item is faulty you should be able to return it, whether or not it was on sale or the return window is closed.
Traders cannot contract out of the CGA, so don’t be scared by signs saying “no returns for any reason”.
Both the retailer and the manufacturer are obliged to help, so if there’s a problem you can just take it back to the shop that you bought it from, rather than dealing with the company that made it.
If it’s a small fault, the store can decide whether to replace it, repair it, or refund you.
If the fault is more serious, you can refuse a repair and ask for a replacement or refund instead.
Online shopping
Shopping online from a New Zealand business gives you exactly the same CGA protections as if you had purchased the items in store.
Things may be different if you’re buying gifts from overseas, however.
Even though the CGA applies to international suppliers that sell to New Zealand consumers, it could be more difficult to enforce if something goes wrong.
To cover your bases - shop from companies that have a dedicated New Zealand website, even if the company is based overseas, check online reviews, and read any terms and conditions thoroughly before purchasing.
While suppliers are covered by the CGA, manufacturers don’t have the same obligations. If the item you’re buying is manufactured outside of New Zealand and the manufacturer doesn’t do business here, the obligation is on the importer or distributor instead.
In practice, these rules mean that if you are shopping internationally, it can be a bit trickier to get a remedy under the CGA.
If things have gone really wrong and the business won’t help you to find a remedy, you do still have the option to ask your bank about a charge back if you’ve paid with a debit or credit card.
The bank will want a valid reason, and to see that you’ve tried to communicate with the company before going to them.
Remember as well, big orders coming from overseas may be subject to duties.
If you’re stocking up on big buys worth more than $1000, or are ordering alcohol internationally, be prepared to pay extra.
Shopping second-hand
Pre-owned presents might be all the rage at the moment, but they do affect your rights under the CGA.
Businesses like antique dealers and second-hand stores are covered by the CGA, but second-hand items are treated slightly differently.
Some wear and tear is to be expected with used products, so as long as any damage wasn’t hidden from you, you can’t claim a remedy on a fault that existed when you bought the item.
They should still be safe, fit for purpose, and have a reasonable life span.
If you buy something from a private trader, like a TradeMe seller, a garage sale, or Facebook Marketplace, it isn’t covered by the CGA or FTA at all.
Platforms like TradeMe do have buyer protection policies that may be of some help if something goes wrong, and if that isn’t enough for a fix, you can take someone to the Disputes Tribunal for breach of contract.
What if the gift recipient just doesn’t like it?
With any luck that won’t be a problem, but everyone’s experienced being gifted something a few sizes too small or a second toaster that they just don’t need.
Unfortunately in this case you might be out of luck.
There’s no right to return enshrined in law if something doesn’t fit, or just isn’t what you wanted.
Many stores will offer extended change of mind return windows over the Christmas season however, so check those policies before you check out, and keep all the receipts in a safe place.
Christmas isn’t all about presents, but making sure that you know your rights and have your ducks in a row means minimal Boxing Day faff for you and your whānau.
SHARE ME