Acting smart at the point of sale will save you time, money and heartache

Monday, 5 September 2022

Knowing what rights your have as a consumer should start before you even make it to the checkout. (File photo)

Watching what you spend? Most of us are in these difficult times. Keeping to a budget helps, but knowing your consumer rights and how to avoid dodgy deals is just as important.

When it comes to big ticket items like motor vehicles and household appliances, financial losses when things go wrong can be major.

The Consumer Guarantees Act applies to all goods and services you buy for personal or household use, including second-hand items, provided you bought them in New Zealand from a business and not a private seller. (Note that 'goods' cover a wide rage of purchases, including plants and animals, gifts and hire items.)

It applies even when the manufacturer's warranty has expired.

* Here's how to complain and why you should

* Consumers left in the dark about dodgy business dealings, commercial law professor says

The Consumer Guarantees Act requires goods and services to be fit for purpose, durable and free from defects.

The Act states that goods must be of reasonable quality, match their description, and be fit for purpose.

They must also last for a reasonable length of time – which depends on the type of goods and how much they cost.

Check Consumer NZ's appliance lifespan guidelines - they are regularly updated: https://www.cab.org.nz/article/KB00000183.

'Services' cover work done by tradespeople such as plumbers and electricians, and by professionals like dentists and lawyers. Services must be provided with reasonable care, and completed in reasonable time. And the supplier must make sure you get what you paid for.

Don't be tempted by extended warranties on goods and services. Unless they provide more protection than the Consumer Guarantees Act, they're not worth the extra money.

There's more information about the Act, and what to do if there's a problem with goods or services on our website: https://www.cab.org.nz/article/KB00000018.

Phone payment plans, which are often bundled with data plans, enable people who have not saved to buy really expensive phones. Some believe they are causing hardship among vulnerable consumers.

If you buy something from a private seller, you are not protected by the Consumer Guarantees Act. But if there's a problem, and you can't resolve it amicably with the seller, you can take the case to the Disputes Tribunal.

If the seller misrepresented goods to you, or broke a contract by not doing what you'd both agreed to, you can make a claim under the Contract and Commercial Law Act.

If the sale was from an online service such as TradeMe, you can try to resolve the problem through their disputes resolution processes.

Avoiding dodgy deals is largely a matter of doing your homework. This is especially important with private sales.

An internet search will alert you to current online scams - really important with services such as Facebook Marketplace.

Worried about a deal that sounds too good to be true? This article covers a wide range of strategies to ensure you're not being ripped off: https://www.cab.org.nz/article/KB00000394.

A key to protecting yourself, and taking a successful claim to a retailer, tradesperson or disputes resolution service, is to keep good records.

Make sure you retain your receipts and copies of quotes and invoices. Ensure you have the full name, address and contact details of businesses and private sellers.

Keep texts and emails, and if there's a problem, record all interactions with the seller or service provider.

Citizens Advice Bureaux are recognised as NZ’s ‘consumer specialists’. If you’ve bought a lemon, or have a problem with a tradesperson, talk it over with us.

CAB Nelson Tasman, phone: 03 5482117, 0800 367 222; email: nelsontasman@cab.co.nz, www. cab.org.nz.

CAB Marlborough Phone: 03578 4272, 0800 367 222 email: marlborough@cab.co.nz, www. cab.org.nz