The American tradition of Black Friday sales (the Friday after Thanksgiving) now has a firm position in the psyche of NZ shopaholics.
If you want to make the most out of this year’s Black Friday Cyber Monday sales, here is iCLAW’s summary of the top things you need to know before hitting the shops:
What is the Consumer Guarantees Act 1993?
The Consumer Guarantees Act (the Act) protects consumers by:
Allowing you to seek repairs, replacements, or refunds when goods are faulty
Setting minimum guarantees for all products and services.
All New Zealand businesses and people in trade must meet their requirements under the Act. This means if you have a problem with a product or service, you have options available to remedy the issue.
1. Delivery Guarantee
This guarantee applies to the products that you order online.
Under this guarantee, if the supplier is responsible for the delivery or arranging the delivery, there is a guarantee that the consumer will receive the goods at an agreed time frame between the parties; if there is no agreed time frame, it must be delivered within a reasonable time.
If a product arrives damaged, late, or not at all, you can contact the supplier directly to make a claim. You can ask for a refund or compensation for any losses you incurred.
In short, if they have promised you a date of delivery, then they are required to honour it.
2. Quality Guarantee
Have you bought a toy for your 5-year-old, but its quality is so poor that it looks like you could have made the toy yourself? This guarantee is here to save you.
The guarantee provides that the goods must be fit for all purposes for which the goods are commonly supplied. It needs to be acceptable in appearance and finish, free from minor defects, safe and durable. This is judged from the perspective of a reasonable consumer. It considers the nature of the goods, statements about the goods on the packaging, and any representation of the goods made by the supplier.
The bottom line is if you bought something that isn’t the quality you were led to expect of it, this guarantee is there to protect you.
3. Description and Sample Guarantee
This helps consumers who buy a product based on an in-store sample, display picture or description – but receive something very different from what they’ve read or seen.
These goods could be a different colour, function, or entirely different product than what you expected to receive.
Products must match the description in advertisements, sales brochures, catalogues, or packaging and labels. Additionally, the product must match the sample or demonstration model.
Overall, this guarantee protects you from falling victim to receiving a good that doesn’t correspond with its description.
What about manufacturer’s guarantees/warranties?
The Act gives you the right to seek a remedy, such as a repair or replacement, from the manufacturer - whether or not the products come with an “express” warranty.
This means that manufacturers do not have to provide a written warranty with their products in order for a warranty to apply at law.
However, if a manufacturer chooses to provide a written warranty on their products, the Act says they must meet their obligations under that warranty.
The Act still applies whether or not a manufacturer’s warranty has expired.
Service Guarantees
The Act also applies when a business provides you with consumer services - such as household plumbing, car repairs and haircuts.
The service must meet the following four requirements:
Reasonable care and skill
Fit for purpose
Reasonable price
Reasonable time
Services include any rights, benefits or facilities provided by a supplier, even if they do so free of charge or you do not have a contract with the supplier.
Contracts or quotes for services can include extra rights and responsibilities, including cancellations, pricing and timeframes. The business cannot include conditions in the contract which erase your rights under the Act.
What to do if these guarantees aren’t met:
If a supplier sells you a faulty product, you should first ask the supplier (or the manufacturer) to fix the problem. This might involve a refund, replacement, or repair.
Every situation and product is different, however your options should consider whether the product:
Can be fixed, and the fault is not serious; or
Is serious or cannot be fixed or the retailer fails or refuses to act; or
Has caused damage or extra loss (consequential loss).
If you have a problem with a service, contact the service provider initially to explain the problem and what you would like done about it.
Suppliers and service providers are required to remedy issues within a reasonable timeframe. Conversely, you must raise your issues within a reasonable timeframe from supply of the good.
Want more information? If you are a consumer experiencing issues with a supplier or service provider, please do not hesitate to contact info@iclaw.com or call (07) 929 4300 to make an appointment to chat about how we might help you.