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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22621
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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On Friday we purchased ( wife) a windows smart phone

Customer Question

On Friday we purchased (for my wife) a windows smart phone from two choices we were offered; the sales lady recommending the larger of the two. Getting it home it is too large for the pockets of my wife's clothing and she needs to carry it at all times because of my heart condition. Today we endeavoured to have Spark change it for the smaller option they have refused. Are we within our trading rights to return the larger one and purchase the smaller one?
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
Further to the above; we have an 8:45am meeting today with the local Spark Manager. Is it possible to get a consumers rights opinion on returning good before then please.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Chris The Lawyer replied 1 year ago.
This will depend on whether you made it clear that the phone had to be of a certain size. I strongly suspect you did not. But that is because you would not have considered the issue I expect because she would not have tried to put the phone in her pocket. Your remedies would be under the Consumer Guarantees Act. What you have to say is that the goods are not of acceptable quality because the phone is too big. You also might want to say that the phone was too big and therefore terms of the act it was not "fit for all the purposes for which goods of the type in question are commonly supplied;"
Expert:  Chris The Lawyer replied 1 year ago.
This would not necessarily be straightforward however. The only defect with the phone is that it is too big for some purposes. If it was actually defective that would be different.
Expert:  Chris The Lawyer replied 1 year ago.
If you still want to phone me, let me know and I will provide my phone number

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