What to say to a shop manager when returning a faulty product

Tuesday, 12 June 2018

Herman stands up for his consumer rights after he struggles to get a replacement when his ‘awesome as’ TV blows up.

So, your $1300 dollar television blows up after just 18 months, much sooner than expected from a leading brand bought on sale for $1000.

The one-year manufacturer's warranty has long since expired and you didn't buy the extended warranty the salesperson offered you. After all, the Consumer Guarantees Act requires goods be fit for purpose for a reasonable period of time.

You take it back to the store to ask for a refund.

But what do you say, and how do you defend your rights?

Arbitrators and Mediators Institute of New Zealand executive director Deborah Hart says do not assume there is going to be conflict as most retailers want to help their customers, not argue with them.

* Unreasonable shops trying to buck the Consumer Guarantees act

* Charges against Noel Leeming over alleged Consumer Guarantees act breaches

* Consumer victories over shonky goods and services**

Arbitrators and Mediators Institute of New Zealand executive director Deborah Hart says first of all, find the right person, otherwise it might be an 'exercise in frustration'.

'What you want to do is say, 'Look, I've got a problem with something I've bought from the store, can I talk to the manager or the person who is able to make a decision about that?'

Having found the right person, calmly explain what happened and ask them what they suggest the best solution would be, Hart says.

'Explore with them what the options are. Make them a solver of the problem, an ally, instead of an adversary.'

If that doesn't work, start asking questions that 'reality-check their position', she says.

'I'd be asking questions like: 'What do you think your responsibilities are under the Consumer Guarantees Act? What do you think it means that a product is of merchandisable quality? Does that include after a year when it is not of any use anymore?''

Don't assume there will be conflict, Hart says.

'There is no point in getting all anxious and terribly fraught to begin with when you don't even know if you have a conflict.

'You don't know what people are going to say.'

Many stores, particularly bigger stores, want to help customers, not argue with them, she says.

However, if the person in charge is not being helpful, the best thing to do is to leave and decide what your next step will be, Hart says.

'There is no point really in going any further with them [and] standing in the shop and yelling at the person.'

If you don't like conflict, or you're nervous about the situation, take a friend with you to speak on your behalf, or call a mediator for some advice.

Keeping calm is important, Hart says.

Consumer NZ says shoppers are entitled to return the product, if it is 'not of acceptable quality'.

'If you have a product that you're invested in, and it's suddenly not working, that can push lots of buttons.

'So taking a few deep breaths, and dealing with the issue calmly, is usually best.'

Consumer NZ head of research Jessica Wilson says customers can expect products to be of acceptable quality, including being durable.

'What this means for any particular product depends on what a reasonable consumer would consider acceptable. Taking into account factors such as the price paid, where the goods were bought and any claims made about their performance.

'In practice, you'd expect a top shelf item to last longer than a budget buy. But both items still have to be fit for purpose and do what they're designed to do.'

Research by Consumer NZ shows the life expectancy of an average television is about 12 years.

This is based on how long an appliance should last, given reasonable use and perhaps some repairs.

Your consumer rights

- The Consumer Guarantees Act covers goods and services bought for personal, domestic or household use.

- Put simply, it means retailers have an obligation to ensure their products are of acceptable quality, fit for purpose, and match the description.

- If a product fails to meet one of these guarantees, you have the right to insist the retailer fixes the issue.

- For minor faults, the retailer can choose to repair or replace the item or give you a refund.

- For major faults that can't be fixed and can't be put right within a reasonable timeframe, you can choose to replace it with the same product of similar value; request a full refund; or keep the product and claim compensation for any drop in its value caused by the failure.

- A major fault is defined by the fact that a reasonable consumer wouldn't have bought the product if they'd known about the fault; the product is significantly different from its description, the sample, or the demonstration model; the product is substantially unfit for purpose; or the product is unsafe.

- And if the retailer won't do the right thing, you can take your case to the Disputes Tribunal. The filing fee costs between $45 for a product under $2000, and $180 for a product between $5000 and $20,000.

Source: Consumer NZ