Nobody likes being taken for a ride, being sold misleading or faulty goods, or paying for services that aren’t up to scratch. It is well worth knowing your rights under the Consumer Guarantees Act (CGA) 1993, not only for when things go wrong but also in instances where you may be asked to agree to a contract that holds no weight all and is overridden by the provisions under the Act.
It’s also important to know that sellers of goods and services can not try to coerce or manipulate consumers by stating that leaving negative reviews will result in a ‘breach of contract’ that means they don’t have to repair, replace or refund.
“If a job is done incorrectly or goods are faulty, the Act provides that they are to be prepared or replaced, or even refunded.”
Anyone who sells goods or offers services in New Zealand – including tradespeople – are bound to adhere to the provisions of the Act. If a job is done incorrectly or goods are faulty, the Act provides that they are to be repaired or replaced, or even refunded.
Any consumer purchasing a service for personal use is covered under the Act by the automatic guarantees that come in to force when the service is provided. This means that the work must be:
- carried out with reasonable care and skill
- fit for any particular purpose that you’ve told the service provider about
- carried out within a reasonable time if you haven’t agreed the time for completing the work
- charged for at a reasonable price if you haven’t agreed a price for the work.
Sellers can’t contract out
Saying that ‘no refunds will be offered’ in a contract, for example, holds no water under the CGA. In fact, it is worth checking any contract before signing to get an indication of what a business or trader may think they can get away with – it gives you a great indication that they may not be the sort of operation you want to buy from or engage.
Your opinions matter and can’t be silenced by exemption
“In a situation where a tradesperson whips out a contract that says they won’t take care of any issues that may arise from a job if a negative online review is left – then it is advisable to look for someone else to do the job.”
The guarantees provided by the CGA ensure that a seller or service provider can’t threaten to withdraw their obligations if a consumer chooses to make an negative online review. The implied guarantees of the Act ensure that protection is there so consumers’ rights are covered. If any seller attempts to state otherwise, then they are in essence, breaking the law.
“Negative online reviews are often the last resort a consumer will take to try and address an issue that they have tried to resolve, without success. . . “
In a situation where a tradesperson whips out a contract that says they won’t take care of any issues that may arise from a job if a negative online review is left – then it is advisable to look for someone else to do the job. Such behaviour suggests two things. Firstly, that the business is perhaps not as reliable as it may appear and secondly, it is attempting to manipulate its reputation by coercion – both of these are signs of trouble.
Negative online reviews are often the last resort a consumer will take to try and address an issue that they have tried to resolve, without success – so any attempts to silence that right is not only questionable – it goes against the guarantees provided by the Act.
In any exchange, common sense and taking the time to go over a contact are well worthwhile. Knowing that your rights are covered by the CGA, no matter what a business may try to tell you, provides peace of mind for when things go wrong.
Businesses that offer contracts stipulating that no negative online reviews can be made about that business are against NoCowboys’ terms and conditions. If you have dealt with a business who has done, or is doing that, please let us know by emailing us.
