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Consumer

Shopping Tips

If you’re buying goods in a private sale (eg. through online option) for your personal or household use, you are not protected by the guarantees of the Consumer Guarantees Act and the terms of the sale will be determined by the verbal or written agreement you have entered into with the seller. However, the Sales of Goods Act 1908 provides for a number of conditions in a private sale, such as,

the seller has the rights to sell the goods
the goods fit the description or the sample provided by the seller and that,
the goods have good title and are free from any charges (e.g. where the goods are security for a finance agreement or hire purchase which the seller still owes money on, unless the seller made you aware of this when you purchased the goods.

It is important when purchasing expensive goods (such as a car, for example) in a private sale to check whether the goods have any charges over them. You can check whether the goods have any charges over them by checking with the Personal Property Securities Register on www.ppsr.govt.nz or, in relation to a motor vehicle, with Autocheck (see below). You can cancel a lay-by if you change your mind. The seller can charge you administration costs and make you pay for any decrease in the goods’ value (Layby Sales Act 1971). If you’ve bought something by mail order/home shopping/internet business you have the same rights as if you bought it in a shop. Any problems? Call NZ Direct Marketing Assoc. 0800 DIRECT (347 328). NZ’s consumer laws don’t cover you if you buy from a company based overseas but NZDMA may be able to help. You must be given the correct information about the things you’re buying. You can complain to the seller or Commerce Commission if you’re given false or misleading information or you’re tricked into buying the goods or service. Ask around to find a car dealer with a good reputation. Check if they’re registered (under the Motor Vehicles Sales Act 2003). Many of the guarantees that apply to other goods and services also apply to vehicles bought from a registered dealer (Motor Vehicles Sales Act 2003). Call the Motor Trade Association (0508 682 633) if there’s a problem.
If it’s a private sale check the WOF and ownership papers. To check if a vehicle is stolen or has any money owing on it ring Autocheck on 0800 843 847. It costs $25 and you’ll need a credit card) or call 0900 843 847 ($25 will be added to your phone bill so check with the bill payer first). Or check online at www.autocheck.co.nz - you’ll need a credit card.

Shop Searches

Shopkeepers/security can’t search your bag unless you agree, for example if you’ve entered a shop that is displaying a reasonably prominent sign that says “Entry is conditional upon all bags being searched”. Shopkeepers/security can’t force you to return to the shop. In most circumstances if a shopkeeper/ security detains a shoplifter, no civil (suing) or criminal action can be taken against the shopkeeper/security unless the shopkeeper/ security acted in bad faith (eg. used excessive force) or without reasonable grounds. Contact the agencies at the front of this card for more info.
If your rights are breached you can complain to the police.

Dealing with Consumer Problems

Write down the facts about the problem, the date, time, anything the seller or assistant said about the goods or service.
Keep the originals of any paperwork. Take someone along as a witness if you’re talking to the seller about a problem.

Try www.consumer-ministry.govt.nz for more info.

For Your Consumer Rights, click here

YouthLaw	Latest page update: made by YouthLaw , Dec 9 2009, 7:39 PM EST (about this update About This Update Edited by YouthLaw view changes - complete history)
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