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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22811
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My question is, am I legally able to return an appliance to

Customer Question

Hi, my question is, am I legally able to return an appliance to the Godfrey's Gisborne store I bought it from if I was misled by the store boss into buying it? I wanted to exchange or get a refund for the vacuum cleaner I had purchased at the cost of $2,500. I was told I couldn't get the money back but had to buy another appliance to the same value. I chose a new vacuum at $500 but the manager pointed out to me that on the receipt it said I could only exchange goods to the original value. Hence I purchased a steam cleaning appliance for $2000. I feel as though I have been defrauded. What can I do?
Your help would be appreciated, thanks
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Normally you are entitled to get a refund where the good are not suitable for the purpose your bought it for. If the steam cleaner was in good working order but you have changed your mind about buying this, you would not normally get a refund. You would have to show that you were misled as to the use of this appliance, and perhaps "oversold" the appliance and that it was not something you needed. But if they agree to you getting substitute appliance, and you return this as unused, then you should get a full swap with another appliance

Customer: replied 1 year ago.
sorry, something happened to my screen and the letters have shrunk so I can hardly read the answers you've sent. I did read in the consumers advice that the seller can't force a sale or refuse to refund either, that is called contracting out which is illegal
Customer: replied 1 year ago.
Am I correct? Did the seller mislead me by contracting out of the sale?
Expert:  Chris The Lawyer replied 1 year ago.

The issue is whether you were misled into buying this appliance, or just changed your mind. If you were misled, then you can ask for a refund in full. If you have changed your mind about the purchase then they dont have to refund.

Customer: replied 1 year ago.
this webpage is not displaying properly. I can't read it because the print is getting tiny. and
please correct at your end
Expert:  Chris The Lawyer replied 1 year ago.

I am sorry but that is definitely your computer which has reduced the size of the print. I cannot change the font size at my end. You need to change the settings in your browser, whether it is Internet Explorer or Chrome

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