Consumer Guarantees Act
The Consumer Guarantees Act (CGA) protects consumers by allowing you to seek repairs, replacements or refunds when goods are faulty. Both new and second-hand consumer products must meet the guarantees of:
Acceptable quality
The Consumer Guarantees Act (CGA) covers you for products that don’t do what they are meant to, or are defective or faulty in some way.
The fault isn't serious and can be fixed
You must give the retailer the opportunity to:
- repair the products within a reasonable time and free of charge
- replace products of an identical type and value within a reasonable time — you only have to pay the difference if you choose a replacement of greater value
- refund the value of the products in full, in the same form as your original payment.
The fault is serious and can't be fixed
You can ask the retailer for:
- a replacement product
- a full refund
A problem with a product is considered serious if:
- a reasonable consumer would not have bought the product if they had known about the fault
- products are significantly different from their description, sample, or demonstration model
- products are not fit for their normal or specific purpose and can’t easily be put right
- the products are unsafe.
It is your responsibility to return the faulty product to the business. If it’s expensive or complicated to return the item, the business must arrange for it to be collected, at its expense.
Faulty products
Refund, replacement, repair
Repair damage after normal use
Fit for a particular purpose
Products must be fit for a particular or special purpose that:
- you asked the trader about, and/or
- they told you the products were suitable for.
This guarantee doesn't apply if you don't act on the supplier's advice.
Claims that retailers or manufacturers make about what products can do may also be covered by this guarantee.
Match description, sample or demonstration model
Many products are sold with a description. The products you receive must be the same as the description in a catalogue, online, or on packaging and labels. The products that you buy must be the same as any sample or demonstration model shown by the trader.
Reasonable price
This guarantee only applies when there has been no agreement about the price and the products have not yet been paid for. Usually the price is agreed in advance — either on a price tag or on a sign displayed with the products, or at the checkout. But if not, you only have to pay a reasonable price (ie what other traders charge for the same or similar products).
If you think the price is unreasonable but you pay it without disputing it at the time, the law says you have agreed to the price and can’t dispute it (affirmation).
Products arrive on time and in good condition
Products must be of acceptable quality when you receive them. If products arrived damaged you can claim a remedy (eg repair or replacement) from the trader.
If you ordered products and the retailer arranged delivery, they are responsible for delivery under the CGA. Products must arrive in acceptable condition and on time. If the products arrive damaged, late, or not at all, talk to the supplier.
Manufacturer's guarantee/warranty
The Consumer Guarantees Act (CGA) gives you the right to seek a remedy, eg a repair or a replacement, from the manufacturer whether or not the products come with a manufacturer’s warranty (called an “express guarantee” in the Act).
Manufacturers do not have to provide a written warranty with their products. However, if they choose to do so, the Act says they must meet their obligations under that warranty. The CGA still applies whether or not a manufacturer's warranty has expired.
Additional information
What we will do
When the product is initially returned, we may try to fix (troubleshoot) the problem in store, in consultation with the supplier, before sending it to an authorised repair agent for assessment.
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If your returned product is still within the manufacturer's warranty period, and after assessment is found to have a manufacturing fault, the repair and all associated costs will be free of charge;
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If the product is outside of the manufacturer's warranty period, but the fault is found to be a manufacturing fault this will be remedied in accordance with the CGA; or
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If the product is outside of the manufacturer's warranty period, and the fault found on assessment is not a manufacturing fault, the cost of assessment and repair will be payable by the customer.
Privacy Disclosure
In order to seek a remedy under the Consumer Guarantees Act, PB Tech may need to collect and share your personal information for the purposes of conducting a repair service with a third party repair provider or supplier. Personal information may include:
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Your contact information, such as name, telephone number, e-mail and residential address; and
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Device security password(s).
In some instances, we may require you to authorise PB Tech to access your devices security passwords, and share these with a supplier or (authorised) repairer in order to facilitate a repair on your device. In this instance, we are acting on your behalf and you are duly authorising us to hold this information on your behalf.
We recognise that your personal information is confidential and we’re committed to protecting your privacy in accordance with the Privacy Act 1993. Our Privacy Policy can be found on our website at https://www.pbtech.co.nz/privacy
Commercial or Business
The CGA may not apply to goods and services purchased from PB Tech for commercial, resale or trade use. If you are purchasing goods or services from PB Tech online for business purposes, as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods or services.
When Returning Goods
Please supply proof of purchase and include all accessories, including original packaging. You may be asked questions by our friendly staff regarding the fault and use of the product. Please do not be offended as we may need to ascertain a description of the fault and the use of the product to determine if we are able to troubleshoot and fix the problem for you or if the product needs to be sent away for assessment and repair.