Do I have consumer protection if I buy second-hand from a person on Trade Me or Marketplace?
Usually no. The Consumer Guarantees Act does not cover buying from a private seller who is not in trade, including some Trade Me and Facebook Marketplace sales. The CGA covers goods and services bought from a business, including online shops, for personal or household use.
Official figures
- Who and what is covered
- Goods and services for personal or household use, bought from a business that trades in New Zealand (including online shops). This applies whether or not the business has its own warranty.1
- Changing your mind
- Not a legal right. If nothing is wrong with the item and you just changed your mind, the business usually does not have to give a refund or exchange, unless its own returns policy allows it.2
- Minor problem (can be fixed)
- The business can choose to repair it, replace it with the same item, or refund you. This must be free and done within a reasonable time.1
- Major problem (substantial character)
- You choose: return the item for a refund or replacement, or keep it and ask for compensation for the drop in value.1
- Business offers only store credit
- You can refuse it.1
Official sources
- Consumer Guarantees ActConsumer Protection (MBIE) · consumerprotection.govt.nz
- Change of mindConsumer Protection (MBIE) · consumerprotection.govt.nz
- LaybysConsumer Protection (MBIE) · consumerprotection.govt.nz
- WarrantiesConsumer Protection (MBIE) · consumerprotection.govt.nz
Read the full guide: Returning faulty goods: your consumer rights →
People also ask
- Something I bought broke after a month and the shop says to contact the manufacturer. Is that allowed?
- I bought clothes but don't like them now. Can I return them for a refund?
- The shop will only give me store credit for a faulty item, not my money back. Can I refuse?
- My warranty has expired and the product stopped working. Can I still go back to the shop?
- I bought an extended warranty in the shop. Can I cancel it?
- I've paid half of a layby and don't want the item any more. Can I get my money back?
Answers are based on official New Zealand government pages. Check the official source before you act. This is not immigration, legal or tax advice.
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