You've sent us your questions and shared your experiences. Here's what our expert advisers had to say about your rights.
Exemplary service
I bought a pair of shoes from Allbirds at the end of May that were comfortable in the shop. Once I used them on a walk, I found that the stitching in one of the shoes put pressure on one of my foot joints. I contacted the retailer by email and, after some back and forth, it sent me a courier tag for me to send them back. Once the retailer received the shoes, it agreed that there was a problem with the stitching in one of the shoes and asked me to choose a replacement. I received the new pair of shoes today, and they’re perfect.With all the negative problems people report, I thought it would be useful to balance this with praise. What if all retailers’ behaviour was this good?
- JOHN BIRCH
OUR EXPERTS SAY
We wish returning a faulty item to a retailer and receiving a replacement was always as straightforward as this! Well done Allbirds!
Courier charge
I purchased an e-bike in Mount Maunganui last year – the bike is still under warranty. There was a problem with stiff front forks, so about 3 weeks ago, I took it to the shop. The retailer confirmed the problem and sent the forks away to the Invercargill agents for repair. Today, I was called to say my bike is ready to pick up, but I would have to pay a $25 courier fee for sending the forks to Invercargill. I think what the bike shop person asked me to pay was demonstrably unfair – not to mention illegal. I remonstrated with him, and he eventually said, “We’ll sort it out when you come in”. He then hung up. Could you please summarise my rights in this matter and what I should do if he refuses to let me have the bike unless I pay the $25.
- A MEMBER
OUR EXPERTS SAY
The retailer is dealing with you under the terms of the warranty. However, you have rights under law, the Consumer Guarantees Act (CGA), that override the warranty. Under the CGA, there should be no charge to you for getting your bike fixed. Please let us know if the retailer persists in wanting to charge you the $25, as this should be covered under the CGA.
UPDATE
The bike was returned fixed and the courier fee waived under the CGA.
Irreparable fridge
I bought a side-by-side 610L Fisher & Paykel (F&P) fridge/freezer in June 2021 for $4,100. This year, we became aware it has a manufacturing defect that is irreparable. We let the retailer know. F&P have offered me a pro-rata discount, which means I pay them $1,700 for the next model up. What are my rights under the Consumer Guarantees Act (CGA) please?
- ALAN EVANS
OUR EXPERTS SAY
Under the CGA, you would not expect a 4-year-old fridge/freezer to have a manufacturing defect that can’t be fixed. The retailer should be resolving this issue for you under the CGA. You may need to provide a copy of the technician’s report. As this is a major failure, it’s your choice of either a replacement with an identical model (not better, not worse) or a refund of any price paid.
UPDATE
Alan was given a new fridge. He has since been able to assist friends with similar issues.
Excessive price
I had a roofer come to fix a leak from a deteriorating rangehood boot – water was leaking onto the cooktop. I called him in the afternoon, and he turned up around 4pm. It took him an hour to make some temporary repairs. His charges, which were not previously discussed, seemed excessive. A $400 call-out fee, $650 for a temporary repair (including 1 hour labour and $50 silicon) and a quote of $850 for the full replacement of the flue rubber boot. A very high price to pay for a straightforward job. Your advice would be appreciated.
- DAVID CRICKMER
OUR EXPERTS SAY
Under the Consumer Guarantees Act (CGA), a service person is only entitled to charge a reasonable price for their services if no price is agreed beforehand. We suggest you contact three other roofers and ask them for estimates of what they would have charged for the temporary repair. This should give you a good idea of the average call-out fee for this type of job and whether you are being overcharged for the other components of the service. You can then pay your roofer the average of the three estimates. You’ll find a template for disputing an excessive price on our website. We’d also suggest you obtain other quotes for the full replacement of the rubber boot.
UPDATE
David checked with other roofers and managed to get a significant reduction in the charges.
Failed thermostat
In November 2024, a plumbing company replaced my hot water cylinder for $5,000. Recently, the thermostat failed, and Rheem supplied a new one, which was installed by the same plumber. I’m being asked to pay $500 for labour. Is this right?
- RHIANNON HERRICK
OUR EXPERTS SAY
Under the Consumer Guarantees Act, the plumbing company is responsible for the parts and labour costs of replacing the faulty thermostat as it supplied and installed the Rheem hot water cylinder last year. Under its supplier agreement with Rheem, Rheem is supplying the new part for free. Because the product supplied by the plumber was not of acceptable quality, the plumber must bear the labour costs themselves. Saying that you must pay is misleading and a breach of the Fair Trading Act.
UPDATE
The issue was resolved with no charge to our member.
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Faulty vacuum
I bought a robot vacuum (Roborock 7) at the end of December 2022 for $1,349. It stopped working over Easter this year. It had a 12-month warranty. After months of going backwards and forwards online to try and ascertain what the problem might be, I eventually took it to the Christchurch store. The guy there advised me to go to PB Tech for repairs, and he thought that then I should be able to contact the manufacturer directly and request it cover the cost of repairs. The repair cost $400 to replace the main board, fan and battery. The manufacturer told me that, since I had had the repairs done through a third party, it would not cover the cost. It says it’s wear and tear, and the parts replaced aren’t usually covered beyond the standard warranty period. The retailer no longer sells this model of vacuum. Any suggestions?
- LOUISE MORRISON
OUR EXPERTS SAY
From what you’ve told us, the Consumer Guarantees Act (CGA) applies. As a main-board failure is due to wear and tear, this should not have happened for a product that is just over 2.5 years old. Given the cost, use and maintenance of this vacuum, this is not of acceptable quality. We can understand batteries needing replacing – but not after such a short time and not with the ‘main brain’ of the unit needing to be replaced as well. Under the CGA, even though the retailer no longer stocks the product, it’s still responsible for its CGA obligations. You did contact the retailer, which sent you to PB tech for the repair, and in this instance, the retailer is obliged to reimburse the cost of repair under the CGA.
UPDATE
Louise was reimbursed the cost of repair.
Cotton or viscose?
I bought a dress in Greytown and specifically asked if it was 100% cotton as I was going to Egypt. The shop assistant looked at the seams of the dress and said yes it was all cotton, so I bought it. My friend and I were in a rush because our coach was leaving shortly, so I relied on the assistant’s advice. When I got home to Central Hawke’s Bay, I looked for myself to check for washing instructions, and the label read “100% viscose”. Even though the dress was only $50 sale price, I had specifically asked for cotton and would not have bought it if I’d known it was viscose. I emailed the retailer and was told she doesn’t accept returns on sale garments. I was also told the retailer travels a lot and wears viscose often – it’s not like polyester. The best she could offer was a shop credit with the return of the dress at my cost. What are my rights?
- A MEMBER
OUR EXPERTS SAY
The retailer’s obligations in this situation are clear and are covered by the Consumer Guarantees Act. You were sold a viscose dress following an incorrect claim by the retailer that the dress was 100% cotton. You’re entitled in these circumstances to a refund of the purchase price. If the retailer wants the dress back – she should reimburse you any postage fees. The fact that the item was on sale is irrelevant to the retailer’s obligations to you, as are her travel habits.
Repeated repairs
We purchased a drone in June 2022 for $3,400. Despite only having very light use, it failed with a loss of transmission and was repaired under warranty in February 2023 and May 2023. It has now failed for a third time (January 2025) with the same fault. It’s out of warranty, and we’ve been quoted $3,417 for repairs – more than we paid for it! The retailer has suggested the issue is our fault – that the loss of transmission was caused by external interference when the drone was 260m out to sea. This drone is marketed as having a 3km transmission range when flying 500mm above the water and a range of 500m when floating on the water’s surface. Are we able to ask for a refund?
- A MEMBER
OUR EXPERTS SAY
Despite the warranty’s expiry, you should expect the current failure to be covered by the Consumer Guarantees Act (CGA) because the drone was not cheap (at $3,400), and it suffered recurring failures over a short time, with the final being so serious that repairs will cost more than the purchase price. A catastrophic failure at 2.5 years since purchase, despite two previous repairs after similar failures, is unacceptable. The retailer’s explanation of why it thinks the drone has failed confirms the drone is not fit for purpose and doesn’t meet the marketing claims. Under the CGA, you’re entitled to reject the drone and demand a refund from the retailer.
UPDATE
After the supplier refused to refund the purchase price, our member lodged a claim with the Disputes Tribunal. Following the hearing, the referee determined that the failure was substantial, as the drone could no longer be used at all without costly repairs, almost equal to its original purchase price. The tribunal ruled that our member was entitled to a full refund. Following the order, the retailer promptly requested bank account details and deposited the refund within 24 hours.
Iron on fire
We’ve just had our Tefal Aquaspeed iron burst into flames while standing upright on our ironing board. Fortunately, I was sitting beside it and could disconnect it and take it outside. Don’t these irons have automatic cut-off mechanisms? Who should be notified of this fault?
- CHAD THOMPSON
OUR EXPERTS SAY
The fire should be brought to the attention of the manufacturer. You can also report the incident to WorkSafe New Zealand using their product appliance complaint form. Not all models will have an auto-stop safety feature, however, you would still not expect your iron to catch on fire if you’ve followed all the safety conditions. Depending on how long you’ve owned the iron, the retailer that sold it to you may have obligations (under the Consumer Guarantees Act) to replace it or refund the purchase price.
UPDATE
The iron was replaced by the manufacturer. Chad was very impressed with the service he received.
