Legal rights

Consumer rights quiz

Updated: 01 Oct 2011
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Introduction

Are you a savvy consumer? Take our consumer rights quiz to find out!

  • First, test your consumer knowledge with our quick quiz.
  • Then, check out the quiz answers to see how you did and to brush up on your consumer law.

Quiz answers

Here are the answers...

Question 1

Q. You buy a birthday gift for your sister but later find that she was given the same gift by someone else. Are you entitled to take the gift back and get a refund?

  • Answer: No
  • Why? Normally, all sales are final and the retailer is under no obligation to provide a refund. You can return a product only if it fails to live up to the guarantees set out in the Consumer Guarantees Act. If you simply change your mind, then all you can do is tell the supplier and politely ask for your money back. Some retailers will give you a refund, to promote good relations with customers - but this is more than they are legally required to do.

Question 2

Q. You buy a pair of jeans on sale. When you get home you discover a large tear. When you go back to the shop the manager points to a sign saying "No refunds on sale items". She refuses to give you your money back or provide a replacement pair of jeans. Can she do this?

  • Answer: No
  • Why? Sale items are covered by the Consumer Guarantees Act in the same way as any other goods (unless you are told of any faults before you buy the goods) and retailers can't contract out of the Act.

Question 3

Q. How long is the "cooling off" period available to consumers who change their minds about goods they've bought from a retailer?

  • Answer: There is no cooling off period
  • Why? There is no general "right of return". As in question 1, you can only return a product if it fails to live up to the guarantees set out in the Consumer Guarantees Act. Note however that the situation is slightly different if you are buying on hire purchase - see our guide to borrower's rights.

Question 4

Q. Your dishwasher develops a major fault which will cost $400 to repair. The 12 month manufacturer's warranty expired 3 weeks ago. Do you have to pay for the repairs?

  • Answer: No
  • Why? The retailer should repair the machine free of charge. Under the Consumer Guarantees Act, retailers must guarantee that the goods they sell are of an acceptable standard and fit for their purpose. If you have used your dishwasher in a normal fashion, it should not have a major breakdown after just one year. Note that manufacturers' warranties are in addition to your rights under the Act.

Question 5

Q. You receive a flyer in the mail advertising a wide-screen TV for $999 - a very good deal. When you go to buy it the store apologises and explain that the price in the flyer was a mistake - the correct price is $1999! Do they have to sell the TV to you at the lower advertised price?

  • Answer: No
  • Why? Retailers are free to accept or reject any offer to buy as they choose. They have no obligation to sell at any price. See our guide to contract law.

    Note, however, that it would need to be a genuine mistake - the Fair Trading Act prohibits false representations, but recognises "reasonable mistakes".

Question 6

Q. You buy a printer at a computer auction. When you get it home it doesn't work at all - and when you demand your money back, the auction company says "tough luck". Do they have to give you a refund?

  • Answer: No
  • Why? The Consumer Guarantees Act does not apply to goods bought at auction.

    Auction goods may be covered by the Sale of Goods Act, which requires goods to be of merchantable quality. However, auction houses can opt out of that law (and usually do). But it's not all bad news. Auctioneers are covered by the Fair Trading Act. That means they can't say or do anything that misrepresents or misleads you about the goods on sale or the auction process. For more information, see our guide to your rights at auctions.

Question 7

Q. You try to use a gift voucher from last year's birthday, but the retailer says their vouchers expire after six months. They point out the expiry date printed on the back of the voucher. Can they refuse to honour the voucher?

  • Answer: Yes
  • Why? A retailer can give a time limit for the use of a voucher. Any expiry date must be clearly marked on the voucher. Retailers can't enforce an expiry date that wasn't obvious when the voucher was bought. For more information, see our guide to gift vouchers.

Question 8

Q. Your car repair bill is fair for the work done but you just don't have the money until payday. The garage refuse to let you take the car until you have paid for the repairs in full. Can they do this?

  • Answer: Yes
  • Why? Repairers have a legal right to hold goods (such as motor vehicles) until they have been paid for work they have done on them. This is known as a repairer's lien.

Question 9

Q. You accept a $1200 quote for a plumbing job. The plumber does the work and then bills you $1850. He says the job took longer than he expected. Do you have to pay the new amount?

  • Answer: No
  • Why? You and the plumber entered into a binding contract for the job. The work to be done and the price were agreed beforehand so neither of you can unilaterally change the terms in your contract. For more information, see our guide to hiring a tradesperson.

Question 10

Q. You put a leather jacket on layby, but the next day you realise you can get the same jacket much cheaper elsewhere. When you try to cancel the layby, the retailer tells you he's keeping the $100 deposit you paid. Can he do this?

  • Answer: No
  • Why? Under the Layby Sales Act the customer can cancel at any time and is entitled to the return of any money paid. However, the shop can deduct "selling costs" (not normally more than $15) and any "loss of value" from the refund. For more information, see our guide to layby sales.