# Question regarding Consumer Guarantees Act + Price Protection Question



## jb22 (Mar 30, 2010)

A question regarding my rights as a consumer in NZ. My wife purchased a mobile phone for me as a Christmas gift. This was an outright purchase so paid in full, not tied to a contract. The first phone I got had a manufacturing defect on it so I returned it without issue and got a new device. This second phone I got has another minor defect with it and I'm thinking of trying for another exchange. I feel a bit bad about being a pain to the store manager but for an $800 device I think I should be a bit picky. I'm just curious how many times can I do a return on a product if it has defects, even if minor?

I tried emailing the company but there response is that I need to contact the store as they only deal with online orders. I find this odd as I would think a major carrier/retailer would have a company wide policy. I'm thinking of telling the store manager that I'm going to keep exchanging my phone in until I get one without issues. I'd hope third time is a charm but if not I think I'd ask for a refund and try my luck with another product.

Also, my wife purchased this phone for me for $800. I learned a few days later that other retailers (major retailers) sell the same product for less, some as low as $640. I asked if I could get the store to price match (after purchase) and was told no. I just want to make sure that there are no laws or consumer acts regarding this. If not, NZ consumers should demand this. I'm use to have really good price protection policies in Canada so it was a bit hard to just hear I was out of luck with this.

Thanks.


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## Liam(at)Large (Sep 2, 2012)

First of all, you have every right to return a defective product for a replacement (as long as the defect is within the manufactures scope of being defective) and always a refund.

Second, and this is from a Canadian, as far as I am aware, Canada as a country and none of the provinces have price protection policies or legislation... If a company wants to offer price matching and price matching after the fact (eg. Future Shop) they can, it's their prerogative, but it's not legislated; certainly if it was it would put companies out of business (as not every company buys at the same cost and can afford the same mark downs).


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## jb22 (Mar 30, 2010)

Liam(at)Large said:


> First of all, you have every right to return a defective product for a replacement (as long as the defect is within the manufactures scope of being defective) and always a refund.
> 
> Second, and this is from a Canadian, as far as I am aware, Canada as a country and none of the provinces have price protection policies or legislation... If a company wants to offer price matching and price matching after the fact (eg. Future Shop) they can, it's their prerogative, but it's not legislated; certainly if it was it would put companies out of business (as not every company buys at the same cost and can afford the same mark downs).


Thanks for the reply.

Is there a time limit from the date of purchase that I can expect the right to an exchange as covered by the consumer guarantees act or is that up to the retailer?

As of the price protection, yes you are right that price protection back in Canada isn't legislation, rather I guess a result of competition. I just wanted to make sure that I wasn't missing anything.


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## Liam(at)Large (Sep 2, 2012)

jb22 said:


> Thanks for the reply.
> 
> Is there a time limit from the date of purchase that I can expect the right to an exchange as covered by the consumer guarantees act or is that up to the retailer?


The store will have their own return policy (eg. 28 days, although phones are sometimes 14 days or xx numbers of hours used) and then the product will have it's manufacturers warranty will take over from there, which you need to take up with then.


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## toadsurfer (Nov 27, 2009)

Returning a defective product doesn't necessarily entitle you to a refund - the defect has to be one of substantial character to allow you to do that. A minor defect can amount to a defect of substantial character but the question usually boils down to whether a reasonable consumer would've bought the product had he known of the defect. If not u can get a refund, otherwise you can only ask for a repair. 

The consumer guarantees act does provide a guarantee as to price but only where the contract is silent on price so not relevant for you. Also you can't claim it after you have paid but later realise there are better deals elsewhere I'm afraid!

Otter than that there is no limit on how many times you can claim under the CGA. Just try negotiation in a friend way with the store tho before reciting legislation at them! Good luck.


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