Responsibility to provide a Refund under the Consumer Guarantee ACT

August 15, 2023 18:40

I had a buyer contact me 3 days after purchasing an item.

'' thanks for the quick service but the item is not as good as i thought it would be

so i wish to return it please''

I responded to say that I would refund once I had received it and had a chance to check the item.

9 days later the item is returned and left at my front door. The items were supplied in the original manufacturers cardboard packaging however the items have been returned as loose items and not packaging.

When i inquired where was the packaging his response was ''i don't have it''

If the item was returned in a saleable condition then I would be happy to refund BUT without the original packaging i will have to discount the the dramatically.

Can someone please advise what are my rights under the consumer guarantee act to provide him with a refund.

I have sold hundreds of these items prior and this is my first occasion where i have had a complaint.

ALSO how do we contact Trade me to explain the situation and to prevent customer from giving negative feedback if things don't go their way?

I would appreciate any advise please.

cheers

Gary

4 comments

Callum Community Superuser
August 15, 2023 19:46 Edited August 15, 2023 19:47

Hi Gary. To answer you correctly we first need to know if the item is actually faulty. The buyer only has rights under the CGA if there is a problem with the item. So it is not working 100% correctly or wasn't described correctly.

From what I read it sounds like it's more a "change of mind." In that case they have no rights under the CGA. You don't have to refund at all.

Additionally, they can't demand a refund even if there is a problem with it. It is your right as the seller to repair, replace or refund.

For your second question, a buyer can leave negative feedback if they feel the trade didn't go well. Trade Me have become tougher on this lately. Unless it's a strict breach of the feedback T&Cs they won't really look at that. You would need to wait and see. If the buyer does leave a negative you can then make contact with TM through the report unfair feedback system.

What you could do is encourage the buyer to open a dispute on Trade Me. That way it will all be on file. And if it does turn to custard your side of the story is locked in.

4
Gary
August 16, 2023 03:37

Some good advice there thanks Callum.

The product is not faulty but i was going above and beyond to keep him happy but was expecting it to be returned in a saleable condition.

The negative feedback issue is definitely skewed against traders and is very frustrating to those of us who do our best to try to offer a reputable service but as you said i will wait and see how it plays out.

thanks again.

3
Greg
August 18, 2023 00:43 Edited August 18, 2023 00:47

If I've ever had a customer wish to return a item due to a change of mind, I always make it 100% clear that goods need to be returned in as new/unworn condition, exactly as received with all packaging etc.

I've had the same occur where despite making the refund conditions clear for a change of mind refund, I've had a watch returned with links removed from the strap and links loose in the courier bag, and missing the user guide, in which case I refused to refund, and shipped the watch back to the customer (at my cost). I kept copies of correspondence and took photos, and Trademe removed negative feedback which was subsequently placed by the customer.

(I suspect in my situation that my customer had worn the watch to a event, and then wanted a refund as the specific style of watch was not required after being worn).

1
Gary
August 21, 2023 23:11

Thanks for your advice Greg.

I will send it back to them today.

I'm guessing I'm going to get a reaction as he was already getting wound up!!

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