Word of Advice - Fly By Night Sellers

Word of Advice - 6 October 2014 - Fly By Night Sellers [UNCLASSIFIED]

Below is Consumer Affairs’ Word of Advice column for 06 October 2014. The next edition will be sent out in two weeks.

‘Fly-by-night’ sellers
06 October 2014

Have you ever purchased goods from a pop-up shop, fair stall, carnival stand, or from a liquidation / receivership sale? What happens if the goods you purchased turn out to be faulty or weren’t what you expected – and the trader has moved on?

Buying from a temporary or short-term trader does not mean that your rights as a consumer are any less – you’re still entitled to buy goods that are of a good quality and fit for their intended purpose.

However, it may mean that in the event of a fault arising with the goods, consumers are not able to enforce their rights if the trader has disappeared from the point of sale.
Get the trader’s permanent address
Unless you can find the trader you will not be able to enforce your legal rights.

All traders who do not have a permanent trade address are not ‘crooks’. Many such traders will provide consumers with an address to contact them after they have left the area.

Make sure you keep your receipt and if there's a problem, contact the trader and try to resolve the issue with them directly.

If the trader is a company, you can get their address for free by searching the New Zealand Companies Register [www.business.govt.nz/companies/].

If you are buying from a temporary trader, it may be a good idea to ask for a permanent address to write to in the event of anything going wrong. If you are not able to get one, or the trader is not happy to provide one, you may wish to shop elsewhere.

If you think you're being misled, don't buy.
Check before you buy
Remember that buying from a short-term trader may be risky if the goods prove to be faulty after the trader has left the area.

Check the quality of the goods as far as you are able. Ask for more information, and request proof if any claims about the goods are being made. If you are not sure whether the goods are of good quality then you will be safer not to buy them.
What can you do?
• The Consumer Guarantees Act [www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act] is self-enforcing, which means you can take your own action. If a guarantee is not met, you have the right to insist that the seller or service provider puts it right.
• The Commerce Commission [www.comcom.govt.nz/fair-trading/] is responsible for enforcing the Fair Trading Act. While not a dispute resolution service, it relies on information it receives from the public.
• If you haven't been able to resolve the problem directly with the seller or service provider, the Disputes Tribunal [www.justice.govt.nz/tribunals/disputes-tribunal] can be an inexpensive, informal and private way to help you reach an agreement or may make a decision about what is fair.
Check to make sure information is up-to-date
We want you to be certain the information you use is up-to-date. If this article is more than three months old, contact us [www.consumeraffairs.govt.nz/about-ca/contact-us] to check the information is still correct.
//ENDS

Consumer Affairs is now part of the Ministry of Business, Employment and Innovation. We are no longer a Ministry in our own right and so should be described as ‘Consumer Affairs’. Any media enquiries should be emailed to media@mbie.govt.nz or you can call our media line on 027 442 2141.
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