Campaigns & rights
We provide you with all the information you need to make choices with confidence.
It can be difficult to know how to go about making a complaint. So we’ve put together these templates you can use to help you stand up for your rights.
You might also want to consider becoming a Consumer member. Membership of Consumer means you can read about products put to the test by us, before you buy, so next time you can choose with confidence.
How to –
Dear ...
[Name the appliance, make and if possible the model]
I bought the above [item] from your shop on [date]. It has serious defects.
[Describe problems].
I understand I am entitled to expect things I buy to be of acceptable quality. The [item] I bought does not reach this standard considering the problems I have had.
I am therefore asking you for a refund of the [amount] I paid for the [item] [or to replace the item with another in good working order].
A copy of my [receipt/guarantee] is enclosed.
I trust this matter can be resolved quickly and look forward to your early reply.
The Consumer Guarantees Act says any goods you buy must be of acceptable quality. If a product has a major fault then you have the right to reject it and be given a replacement or get your money back. The choice is yours.
You can also reject goods if the problem is minor but the retailer must have been given the chance to put things right and has refused or is unable to do so.
Dear ...
[Name the appliance, make and if possible the model]
I bought the above [item] from your shop on [date]. It is faulty.
[Describe problems]
I understand I am entitled to expect the things I buy to be of acceptable quality. I am sure you will agree that in view of the above problems the [item] was not of a reasonable standard.
I am prepared to accept a repair of the [item] at no cost to me. If repairs can be completed quickly and effectively I will consider the matter settled.
Please contact me to arrange for the repair to be carried out. I consider 5 working days to be a fair time to have the [item] back in full working order.
The Consumer Guarantees Act says you can ask a trader to repair faulty goods. The problem can be big or small. However, the fault mustn't have been caused by the misuse of the product. The repair must be carried out in a reasonable time at no charge to you. If it is not, then you can claim your money back or have the work done elsewhere and charge the original retailer.
Dear ...
[Name the appliance, make and if possible the model]
I bought the above [item] from your shop on [date]. I told the shop assistant I wanted it for [a specific purpose]. The assistant recommended the above brand and model.
When I tried to use it for the above purpose, however, [describe problem].
Obviously, the [item] was not fit for the purpose for which it was sold to me and I am asking you for a refund of the [amount] I paid for it.
I trust this matter can be resolved quickly and look forward to your early reply.
The Consumer Guarantees Act says you can reject goods if you have told the trader what you are going to use them for and then they don't do the job.
For example, if you tell a retailer that you want a motor mower to cut rough long grass and it constantly clogs, then you have the right to ask for your money back.
Dear...
[Name the appliance, make and if possible the model]
I bought the above [item] from your shop on [date]. When I made the purchase your salesperson told me [describe what was said]. On that basis I decided to make the purchase.
I have now discovered it does not live up to the description given.
I have decided therefore to reject the [item] and to ask you for a refund of the [amount] I paid. [Alternatively you could ask the retailer to send you another item that does fit the description].
I trust this matter can be quickly settled and look forward to your early reply.
Under the Consumer Guarantees Act retailers are liable for any description given with goods they sell. So, if you are told a refrigerator automatically defrosts and it doesn’t then you have the right to ask for one that does or your money back.
Dear ...
[Name the appliance, make and if possible the model]
Thank you for your letter dated [date] regarding my claim for a replacement [item] [or refund of the price of my faulty item].
Unfortunately I cannot accept your suggestion that I should complain to the manufacturer.
My contract is with you, the seller of the [item]. As a matter of law, I have a guarantee that the [item] is of acceptable quality. This right is given to me under the Consumer Guarantees Act and I am therefore entitled to expect you to put the matter right.
My claim against you is in addition to any rights I have under a manufacturer’s warranty.
I trust this clarifies the position. Please let me know within 5 working days whether you intend to repair or replace the [item] [or give me a refund].
Traders can’t opt out of their responsibilities or attempt to pass the buck to manufacturers. Your rights to reasonable quality goods that match their description is guaranteed under the Consumer Guarantees Act. Also, the Fair Trading Act says you mustn’t be misled or deceived. This means that shops can’t point to signs saying “No refunds” or tell you that a faulty product is a problem for the manufacturer.
Dear ...
[Order number or description of goods]
On [date] I bought the above [item] from [name and address of shop].
On [date] it broke down and I took it to [name and address of repairer] for repairs. This company is included in the list of authorised repairers that came with my [item].
The repairer has told me that the [item] needs a new [name spare part] and these are not at present available from you.
As a manufacturer, you will be aware that you have a responsibility to ensure that reasonable repair facilities and spare parts are available unless I was informed at the time I bought the [item] that you would not be providing this after-sales service. I was not told this. It is not reasonable to expect me to wait indefinitely for a part when my [item] is only [period of time] old.
If you cannot supply the part to complete the repair within 5 working days I will be forced to claim from you the cost of hiring a replacement [item] until mine can be fixed. [An alternative to this would be to claim the difference in value between what you paid and the current value of the unrepaired item].
I look forward to your reply.
The Consumer Guarantees Act gives you the right to spare parts and repair facilities for a reasonable time for any product unless you are told when you make your purchase that they aren’t available. This undertaking is given by the manufacturer or importer and not the retailer. It applies to all new goods. It also applies to second-hand goods such as imported used cars if you are the first person in New Zealand to buy them.
The Consumer Advice Line is available to all our members for support on any consumer-related issue. Our expert advisers can explain your rights and help you resolve problems with a retailer. Become a member now from just $9.95 and let us help you get a resolution.
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