NZ Consumer Guarantees Act

Your legal rights as a consumer on BlueTika.nz

When you buy from a seller on BlueTika.nz, you are protected by New Zealand's Consumer Guarantees Act 1993 (CGA) and the Distance Transactions Regulations 2023. These laws give you rights that cannot be taken away by any store policy.

1. Your Consumer Guarantees

The CGA guarantees that goods and services you purchase on BlueTika meet the following standards:

1.1 Acceptable Quality

Goods must be:

  • Fit for all the purposes for which goods of that type are commonly supplied
  • Acceptable in appearance and finish
  • Free from minor defects
  • Safe and durable
  • Reasonable to expect based on the price and description

What this means: A $2,000 laptop should last at least a year. A $50 pair of shoes from a second-hand seller should be functional, even if they have some wear consistent with their described condition.

1.2 Fit for Purpose

Goods must be reasonably fit for any specific purpose you made known to the seller — including when you asked the seller's advice.

What this means: If you ask a seller "does this tent work for alpine conditions?" and they say yes, it must be able to withstand alpine conditions.

1.3 Matching Description, Sample, or Display Model

Goods must match the description, sample, or display model shown on the listing. Photos must accurately represent the product.

What this means: If a listing says "brand new, sealed" but arrives opened, or if the product photo shows a red shirt but you receive blue, you are entitled to a remedy.

1.4 Matching Sample or Display Model

If you select goods based on a sample or display model, the goods you receive must match that sample or model.

1.5 Supply of Goods by Description

Where goods are supplied by description, they must match that description.

1.6 Supply of Goods by Sample

The goods must correspond with the sample in quality and condition.

1.7 Supply of Services

If you purchase a service (e.g., booking a mechanic, hiring a cleaner), the service must:

  • Be carried out with reasonable care and skill
  • Be fit for the purpose you requested
  • Be completed within a reasonable time if no time was agreed
  • Result in a reasonable outcome

2. Remedies When Something Goes Wrong

Your remedy depends on whether the problem is major or minor.

2.1 Major Problems

A problem is major if the goods:

  • Would have prevented you from buying them had you known about it
  • Are significantly different from the description or sample
  • Are unsafe
  • Are not fit for the purpose you told the seller about

Your options for a major problem:

  • Reject the goods and get a full refund or replacement
  • Keep the goods and get a partial refund for the difference in value

2.2 Minor Problems

A problem is minor if it can be fixed reasonably and within a reasonable time.

Your options for a minor problem:

  • Ask the seller to fix the problem at no cost
  • If the seller refuses or cannot fix it, get the problem fixed elsewhere and claim reasonable costs from the seller

3. Distance Transactions — Your Right to Cancel

The Distance Transactions Regulations 2023 give you additional rights when shopping online:

  • 10 business days to cancel: You can cancel an online order for any reason within 10 business days of receiving the goods
  • Return costs: You must pay return shipping costs unless the seller agreed to cover them or the goods are faulty
  • Refund timing: The seller must refund you within 14 days of receiving the returned goods
  • Exemptions: This right does not apply to goods made to your specifications, personalised items, or perishable goods

How to cancel: Contact the seller directly through the BlueTika messaging system or email. The seller must acknowledge your cancellation request within 5 business days.

4. Your Additional Consumer Rights

  • Right to a receipt: You are entitled to a receipt or invoice for any purchase over $40
  • Right to a refund of bank fees: If you paid by credit card and the goods were faulty, you can claim any credit card interest or fees from the seller
  • Right to know the seller's identity: You have a right to know who you are buying from. The seller must provide their name or business name
  • Right to be informed of your rights: Sellers must tell you about your CGA rights
  • Warranties of condition: Any additional warranty given by the seller must comply with the CGA

5. What BlueTika Does (and Doesn't Do)

5.1 What We Do

  • Provide a platform for buyers and sellers to connect
  • Facilitate secure payment processing via Stripe
  • Host listings and storefronts for sellers
  • Provide a dispute resolution service for buyer-seller conflicts
  • Remove listings that violate our policies
  • Help buyers understand their consumer rights

5.2 What We Don't Do

  • BlueTika is not the seller of any goods listed on the Platform — sellers are independent traders
  • We do not inspect, verify, or guarantee the quality of products listed by sellers
  • We do not handle returns, refunds, or exchanges directly — these are between you and the seller
  • We are not responsible for the seller's failure to deliver or for shipping delays (unless BlueTika is managing the logistics)

6. Dispute Resolution on BlueTika

If you have a problem with a purchase, follow these steps:

  1. Contact the seller directly through BlueTika's messaging system. Give them 5 business days to respond
  2. If the seller doesn't respond or the issue is not resolved, open a dispute through our Platform
  3. Our dispute team will review evidence from both parties and make a binding decision within 14 business days
  4. If you are not satisfied with the outcome, you can escalate to the Disputes Tribunal (up to $30,000) or Commerce Commission

7. Useful Resources

Consumer Protection Division consumeraffairs.govt.nz
Disputes Tribunal disputes.govt.nz
Commerce Commission comcom.govt.nz
Citizens Advice Bureau cabs.org.nz

8. Contact

For questions about your consumer rights, contact us at hello@bluetika.nz.