You've sent us your questions and shared your experiences. Here's what our expert advisers had to say about your rights.
Suitcase warranty
I recently purchased a hardshell check-in suitcase for $135 from a travel bag store online and believe I was given misleading advice on the shop’s responsibilities. I was told the suitcase warranty didn’t cover the wheels or the shell of the case, but it did cover the stitching and the zip for faulty workmanship. I asked the sales assistant why the wheels and shell weren’t covered. She replied that they knew these were in top condition at the point of leaving the shop, implying there was no way they could be faulty. My answer was that I believed the Consumer Guarantees Act (CGA) would cover me if any part of the suitcase was found to be faulty or if the case proved to be unfit for purpose. Am I right that the retailer was misleading me when it said the shell and wheels were not covered? It seems there isn’t much left to be covered if these things aren’t.
- A MEMBER
OUR EXPERTS SAY
We checked the shop’s warranty. It covers manufacturing defects in materials and workmanship under normal use, but excludes normal wear and tear, on wheels and other moving parts. A warranty is limited to whatever the company decides to cover, for example, it may specify that cover is only for certain parts, or some replacement parts will be supplied for free but you will have to pay any labour costs to have them installed, or you may have to return the faulty item at your cost to the manufacturer not the store, etc.
However, you are correct in that the CGA overrides the limitations of any warranty and requires all saleable items to be ‘fit for purpose’. If you can’t wheel a wheelable suitcase or the ‘hard’ shell isn’t hard, then that hardshell wheelable case isn’t fit for the purpose it was designed for and under the CGA, you have the right to return it. If the suitcase can be fixed the retailer has the choice of repairing it, replacing it or providing a refund. If it can’t be fixed you can reject the case and choose a similar replacement or a full refund of your purchase price.
Short-lived sun loungers
We bought two sun loungers just over a year ago. We used them for approximately 3 months over summer, then they were stored inside. We got them out a few weeks ago, and one ripped and broke while my partner was sitting in it. I contacted the company that sold them, and it said they were outside the warranty period of 12 months (by a couple of months). Should the expected life of an outside sun lounger be longer than this, especially given that they’ve been stored inside for the majority of that time?
- KAROLYN COUCH
OUR EXPERTS SAY
As long as you carried out any instructions from the retailer about treatment of the furniture, the company should be providing a remedy under the Consumer Guarantees Act (CGA). The loungers’ failure just a couple of months after the expiry of their warranty must be premature and would not meet the CGA guarantee of acceptable quality, which requires goods to be (among other things) durable and fit for purpose. We suggest you point this out to the retailer and ask it to provide a suitable remedy.
UPDATE
The retailer was extremely reluctant but finally agreed to replace the loungers – only once our members had returned the original ones at their own cost. Our members decided they didn’t want a second set of inferior loungers or to pay a hefty courier bill, so abandoned their claim. Under the CGA, if the lounger could not be fixed the retailer is obliged to pay a refund if requested by the customer and postage costs for returning the item should be refunded.
Wrong size
My son purchased a pair of ski pants online from a store in Queenstown. He purchased the size corresponding to the waist size given on the website (that is, it says 34 inch waist = Large). However, the pants are too small. He lives in Wellington, so he contacted the store regarding a return to be advised it only accepts returns in person. Is this acceptable under New Zealand law? Or should he be able to post the item direct to the store it was purchased from?
- CINDY PAXTON
OUR EXPERTS SAY
The return policy the store has online relates to change-of-mind returns. The store can limit such returns however it sees fit: it doesn’t have to accept returns simply because a purchaser has changed their mind – it’s not the store’s fault if a customer changes their mind after they’ve bought something. It’s the same when a customer buys the wrong size – that’s generally not the result of any fault on the store’s part. However, when the return is for a Consumer Guarantees Act issue, the store can’t limit its returns policy in this way. If the sizing information on the store’s website is incorrect, that’s the store’s fault, and it should accept the return and provide a refund or replacement. It should also cover postage.
UPDATE
Cindy was able to post the pants to a friend in Queenstown who returned them to the store. She received a gift card in return.
Refund versus credit note
I ordered a refurbished laptop from a well-known computing retailer. It was a grade B (the description said “minor cosmetic imperfections only”). When I received it, it was quite rough (I thought), compared with the description, but nevertheless I thought I’d see how it operated. While downloading and updating, the screen flickered a lot, so I returned it and asked for a refund based on the fault plus the condition it was in. The retailer sent me a credit note. Am I not entitled to a full refund as it couldn’t offer me a replacement?
- A MEMBER
OUR EXPERTS SAY
You have returned a refurbished laptop to the retailer as it has a fault and is therefore not of acceptable quality as required by the Consumer Guarantees Act (CGA), and the retailer has acknowledged that fault. If the retailer cannot fix the problem, you are entitled to reject the laptop and choose to take either a replacement of the same type or similar value or a full refund of your purchase price. A store credit will not satisfy the retailer’s obligations under the CGA.
UPDATE
Our member went back to the retailer and was given a full refund.
Chargeback issue
I purchased a Capresso burr coffee grinder for $354 online from what appeared to me to be a New Zealand company. I received the item in a reasonable amount of time. However, it had been shipped directly from the US and had a US-configured plug and required a 110-volt current, thus making it unusable in New Zealand. After several attempts to communicate with the company and checking review sites like nz.trustpilot.com, I realised it was a scam. I approached my bank for a chargeback. It said that, to get one, I must return the item, but the cost of mailing the product back to the USA is way too much to spend ($232) and would leave me with only $122 after the chargeback was paid. What do you suggest I do now?
- MARK FELDMAN
OUR EXPERTS SAY
It seems unreasonable for your bank to suggest you throw more money into this exchange simply to make your case for a chargeback. We suggest you approach your bank again, pointing out the company’s fraudulent behaviour and how unlikely it is it will respond at all to a return of goods. Unfortunately, there are numerous online sellers like this, who give the impression they are local businesses and are therefore safe to deal with when that is not the case.
UPDATE
Mark approached the bank again and received a chargeback.
Bumped off flight
My husband, who is disabled, and I were involuntarily bumped off a flight from Wellington to Fiji. We were offered another flight for the next day, but this was too late, so we rebooked on an earlier flight the next day with another airline. The original airline will only provide a refund for additional baggage fees and overnight accommodation – not for the additional cost of flights. Should all costs be covered?
- ELAINE SUTHERLAND
OUR EXPERTS SAY
Both Fiji and New Zealand are signatories to the Montreal Convention. This agreement provides protection to international travellers of member countries. The circumstances for any claim must be within the airline’s control. Bumping passengers from a flight usually occurs because a flight has been overbooked. We feel you should be covered by the convention for all your expenses relating to the travel. We suggest you contact the customer services section of the original airline you were booked with and tell them you’d like to make a claim.
UPDATE
After persevering with many emails to the airline, all additional costs were eventually reimbursed.
Rusty oven
I bought a Parmco oven with a 7-year warranty in November 2021. In May 2022, I informed the manufacturer that the oven had rusted. After denying there was a problem, Parmco then offered a full refund on the condition I couldn’t buy one of its products again. Other personal events took priority and, finally this year, I decided on a replacement oven and went back to Parmco, which said, due to the delay and four years of use, it would only pay half ($1,679). What are my rights?
- ALAN EVANS
OUR EXPERTS SAY
The fact you left it so long to get back to Parmco is problematic – the company can’t be expected to keep its offer open indefinitely. However, the oven is still under warranty, and is still rusting so you are entitled to a remedy. Even if you’d just raised the claim for the first time today, you would still expect a remedy. This is probably worth pointing out to Parmco. The oven appears not to have been of acceptable quality (as it was not fit for purpose or durable) as required under the Consumer Guarantees Act. You could take a claim against Parmco and the retailer to the Disputes Tribunal on that basis.
UPDATE
Alan received a refund plus costs after he took his claim to the Disputes Tribunal
Why join Consumer?
We’re the only New Zealand non-profit to independently put the products and services you want to buy to the test. But most of what we do is funded by our members, for our members. Becoming a member means you’ll have even more ways to get a fair deal, and choose with confidence.
