Consumer Guarantees Act 1993

Right of redress against suppliers in respect of supply of goods - Provisions relating to rejection of goods

23: Consumers' options of refund or replacement

You could also call this:

“When something you bought is bad, you can choose to get your money back or get a new one”

When you reject goods, you have two choices. You can get your money back, or you can get new goods of the same type and similar value to replace the ones you rejected. The supplier must give you one of these options.

If you choose to get your money back, the supplier must give you cash. They can’t make you buy something else from their shop instead.

If you choose to get replacement goods, the supplier must have them in stock. These new goods are treated the same as if you had just bought them. This means they come with the same guarantees and protections as any other goods you buy.

Remember, it’s your choice whether you want a refund or replacement goods. The supplier has to do what you choose.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM312830.

Topics:
Money and consumer rights > Consumer protection
Business > Fair trading

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22: Manner of rejecting goods, or

“How to tell a shop you don't want their stuff anymore”


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23A: Goods subject to collateral credit agreement, or

“What happens when you buy things using a special credit deal set up by the seller”

Part 2 Right of redress against suppliers in respect of supply of goods
Provisions relating to rejection of goods

23Consumers' options of refund or replacement

  1. Where the consumer exercises the right to reject goods, the consumer may choose to have either—

  2. a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods; or
    1. goods of the same type and of similar value to replace the rejected goods, where such goods are reasonably available to the supplier as part of the stock of the supplier,—
      1. and the supplier shall make provision accordingly.

      2. A refund referred to in subsection (1)(a) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.

      3. The obligation to refund cannot be satisfied by permitting the consumer to acquire goods from the supplier.

      4. Where a consumer obtains goods to replace rejected goods pursuant to subsection (1)(b), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier, and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.