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Thread: Goods not as described - what are my rights?

  1. #1
    Join Date
    Sep 2008
    Location
    Wellington, New Zealand
    Posts
    555

    Default Goods not as described - what are my rights?

    My partner wanted an outfit to dress up for the Rocky Horror Show and ordered one online from a shop in Paraparaumu.
    Before ordering it he had an email conversation several messages long with the woman who runs the business asking, among other things, about the size. The website claims 'one size fits all'. Clearly this is unlikely to be true so he asked for measurements. She replied saying that it "will fit size 10-14 best as it is quite a stretchy fabric!"

    I'll skip over the full version of the long, protracted difficulties of actually getting the thing - the courier eventually tried to deliver it on the day of the first show, while we were both at work - despite it having been ordered in plenty of time and him stating in the emails when he wanted it for. Emails asking about the whereabouts were initially ignored and and eventually with rude responses.

    It is not stretchy fabric, and does not fit my slim partner. It's not just that he couldn't do it up - he couldn't even get it on.
    Clearly it is not as described and is of no use to us. I emailed and asked how to go about returning this unworn item for a refund and she refused, referring me to the frequently asked questions on her website.
    These state 'due to the intimate nature of our items we cannot accept returns or exchanges. Please measure and chose your items carefully'.
    The item is a dress and hat, Not lingerie, and so not of an 'intimate nature' (she sells lingerie as well). As for measuring and choosing carefully, other than going and trying it on (which was not practicable) I'm not sure how more careful you can be than actually asking the vendor the size and ordering based on the reply.

    When I replied to her 'we don't do refunds' email she responded saying she would not respond to my abusive emails. I was not abusive.

    Where do I go from here?
    It's not a huge amount. $69. But it's annoyed me/us and I'd rather have our money back than put it on Trade Me.

    I'll post this in both forums and the Facebook group. Apologies if you see it more than once.

  2. #2
    Join Date
    Feb 2008
    Location
    Wellington
    Posts
    894

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    Have a word with the Citizens Advice Bureau (I'm not sure if they are still based in the Central Library, near the cafe). There must be some kind of Trading Standard laws here that say goods must be fit for purpose.

  3. #3
    Join Date
    Sep 2008
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    Wellington, New Zealand
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    Quote Originally Posted by cappuccino View Post
    Have a word with the Citizens Advice Bureau (I'm not sure if they are still based in the Central Library, near the cafe).
    Yes, I think they are - good idea.

  4. #4
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    Feb 2008
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    36,602

  5. #5
    Join Date
    May 2013
    Location
    Ontario, Canada
    Posts
    2

    Default

    Quote Originally Posted by Jacqi B View Post
    My partner wanted an outfit to dress up for the Rocky Horror Show and ordered one online from a shop in Paraparaumu.
    Before ordering it he had an email conversation several messages long with the woman who runs the business asking, among other things, about the size. The website claims 'one size fits all'. Clearly this is unlikely to be true so he asked for measurements. She replied saying that it "will fit size 10-14 best as it is quite a stretchy fabric!"

    I'll skip over the full version of the long, protracted difficulties of actually getting the thing - the courier eventually tried to deliver it on the day of the first show, while we were both at work - despite it having been ordered in plenty of time and him stating in the emails when he wanted it for. Emails asking about the whereabouts were initially ignored and and eventually with rude responses.

    It is not stretchy fabric, and does not fit my slim partner. It's not just that he couldn't do it up - he couldn't even get it on.
    Clearly it is not as described and is of no use to us. I emailed and asked how to go about returning this unworn item for a refund and she refused, referring me to the frequently asked questions on her website.
    These state 'due to the intimate nature of our items we cannot accept returns or exchanges. Please measure and chose your items carefully'.
    The item is a dress and hat, Not lingerie, and so not of an 'intimate nature' (she sells lingerie as well). As for measuring and choosing carefully, other than going and trying it on (which was not practicable) I'm not sure how more careful you can be than actually asking the vendor the size and ordering based on the reply.

    When I replied to her 'we don't do refunds' email she responded saying she would not respond to my abusive emails. I was not abusive.

    Where do I go from here?
    It's not a huge amount. $69. But it's annoyed me/us and I'd rather have our money back than put it on Trade Me.

    I'll post this in both forums and the Facebook group. Apologies if you see it more than once.
    it happened with me once and I just registered case against the company. I was able to win the case and got compensation along with changed products

  6. #6
    Join Date
    May 2013
    Location
    Ontario, Canada
    Posts
    2

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    Quote Originally Posted by DavidAguilar View Post
    My partner wanted an outfit to dress up for the Rocky Horror Show and ordered one online from a shop in Paraparaumu.
    Before ordering it he had an email conversation several messages long with the woman who runs the business asking, among other things, about the size. The website claims 'one size fits all'. Clearly this is unlikely to be true so he asked for measurements. She replied saying that it "will fit size 10-14 best as it is quite a stretchy fabric!"

    I'll skip over the full version of the long, protracted difficulties of actually getting the thing - the courier eventually tried to deliver it on the day of the first show, while we were both at work - despite it having been ordered in plenty of time and him stating in the emails when he wanted it for. Emails asking about the whereabouts were initially ignored and and eventually with rude responses.

    It is not stretchy fabric, and does not fit my slim partner. It's not just that he couldn't do it up - he couldn't even get it on.
    Clearly it is not as described and is of no use to us. I emailed and asked how to go about returning this unworn item for a refund and she refused, referring me to the frequently asked questions on her website.
    These state 'due to the intimate nature of our items we cannot accept returns or exchanges. Please measure and chose your items carefully'.
    The item is a dress and hat, Not
    discount lingerie, and so not of an 'intimate nature' (she sells lingerie as well). As for measuring and choosing carefully, other than going and trying it on (which was not practicable) I'm not sure how more careful you can be than actually asking the vendor the size and ordering based on the reply.

    When I replied to her 'we don't do refunds' email she responded saying she would not respond to my abusive emails. I was not abusive.

    Where do I go from here?
    It's not a huge amount. $69. But it's annoyed me/us and I'd rather have our money back than put it on Trade Me.

    I'll post this in both forums and the Facebook group. Apologies if you see it more than once.

    it happened with me once and I just registered case against the company. I was able to win the case and got compensation along with changed products
    Have you got the compensation

  7. #7
    Join Date
    May 2007
    Posts
    4,455

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    You are replying to yourself? Do you mean the OP (original poster)?

    Ian

  8. #8
    Join Date
    Jul 2013
    Location
    Auckland, New Zealand
    Posts
    11

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    Yes you have rights, and they are set out in the Consumer Guarantees Act. You can have a read of that here:

    http://www.legislation.govt.nz/act/p...53.html?src=qs

    Have a read of clauses 6, 8, 18 and 22. Email the owner rejecting the goods and requiring a refund. Make them aware of the section you are claiming against under the Consumer Guarantees Act.

    If they refuse, take them to the Disputes Tribunal. You can download forms online. Costs a hundred or so to file, but you get that back in damages if you win and they pay.

  9. #9
    Join Date
    May 2007
    Posts
    4,455

    Default

    Quote Originally Posted by Ivan McIntosh View Post
    ...
    If they refuse, take them to the Disputes Tribunal. You can download forms online. Costs a hundred or so to file, but you get that back in damages if you win and they pay.
    The actual amount depends on the claim...
    If the total amount sought under the claim is less than $2,000 $45
    If the total amount sought under the claim is $2,000 or more but less than $5,000 $90
    If the total amount sought under the claim is $5,000 or more $180
    Also, you can't claim this fee back even if you win. See how they work.

    Ian

  10. #10
    Join Date
    Jul 2013
    Location
    Auckland, New Zealand
    Posts
    11

    Default

    Quote Originally Posted by IanW99 View Post
    The actual amount depends on the claim...


    Also, you can't claim this fee back even if you win. See how they work.

    Ian
    Thanks for the correction, Ian.

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