Consumer Magazine

Issue 518 letters

Bouquet botch-up

I visited a local florist to arrange sending a bouquet to my mother. I took a page printed from the florist’s own website showing brightly coloured arrangements. I specifically requested a bouquet including vibrant pinks, burgundies and reds but the bouquet that was delivered consisted of white and pale pink flowers. I emailed the florist to let her know I was disappointed with the bouquet and that it was not what I’d ordered. The florist apologised but said she did the best with the flowers available from the wholesaler at the time. To compensate, she offered me a $20 discount on my next order. This doesn’t seem good enough – what are my rights?
A member

The flowers sent to your mother didn’t match the description of what you ordered. Under the Consumer Guarantees Act (CGA) you’re entitled to either a replacement or a refund. It would have been wise of the florist to get in touch with you and let you know the colours you’d requested were unavailable. We suggest you contact the florist again to remind her that she has obligations under the CGA.

Update: The florist has since refunded our member.

Manufacturers’ warranties

I’ve just bought a new blender. It came with a “12 month manufacturer’s warranty” and included a form to fill in and send away to register the warranty. Do I need to do this or can I just hold on to my receipt if I need to make a claim under the warranty?
A member

If the blender is made for personal use at home and you are using it as such, there’s no need to fill in and send away the warranty form. The protection offered by manufacturers’ warranties is in addition to the Consumer Guarantees Act (CGA), which already protects you. So yes, you can just hold on to your receipt. But make sure you keep it in a safe place – if you make a claim under the CGA, you’ll need the receipt as proof of purpose. You could also make a photocopy of it, as the ink can fade over time. 

Note: If you buy an item designed for domestic use but intend to use it for business or commercial purposes, a trader is allowed to “contract out” of the CGA when you buy the item so you may not be covered. In this case, check whether the warranty covers business or commercial use – and if it does, register the warranty.

"Free" T-shirt

I bought an expensive Rugby World Cup jacket and two T-shirts as gifts.  I was given a “free” T-shirt with my large purchase. The jacket was too small despite the XXL label so I returned it to the store and asked for a refund. There were no other jackets in the same price range so I swapped it for the next best on offer and was reluctantly refunded the difference. Then the manager asked me to return the “free” T-shirt I received with my initial purchase. Given that it was a 100km round trip to return the ill-fitting jacket and I had bought two other T-shirts at the time plus the cost of the replacement jacket, I feel I shouldn’t have to go to the trouble of returning an unsolicited “free” T-shirt. Am I under any obligation to do so?
A member

As the free T-shirt was given to you as part of the initial purchase for which you’ve since been partially refunded, you’re obliged to return the T-shirt. So while it has been inconvenient for you to return the T-shirt, by allowing you to exchange the jacket and providing a partial refund the retailer did more than the law required. You don’t have the right to a refund or to return goods and exchange them because they don’t fit. Retailers have to provide a refund only if an item is faulty.