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yingxuan
14-10-2004, 04:16 PM
I was just exploring consuer.org and found that the the fair trading act and consumers guarantees act can be applied with trademe.
I see that in the site that the difference between the two acts are fair trading act is prior to the sales and consumer guarantees sale is after the item has been delivered and the quality of the product.

I'm still unsure about the two acts.Can anybody explain it a bit better for me?
Thanks

MartynC
14-10-2004, 04:26 PM
Hi

The CONSUMER GUARANTEES ACT 1993 only applies to people in Trade & NOT to an auction Check out section 41 from the link below:
http://www.legislation.govt.nz/browse_vw.asp?content-set=pal_statutes

Wtih the FAIR TRADING ACT 1986, the main section thats used is Section 9 - The requirment there is that a person must be in Trade.

What it means is that if i sell you a sofa, you can't use the Acts against me, but if i was MartynC sofa sales, you could use the acts agaisnt me, except if you bought off an auction then you can't use the CGA. :D

godfather
14-10-2004, 04:30 PM
But you have already answered the question yourself.

FTA is before the sale. They say it does something or costs $X before you buy it, and you find that wrong when you buy it. They misrepresented it at the time of sale. It does not mean its faulty, just not what they said. If its not faulty then the CGA could not actually apply. Not a Guarantees issue.

CGA is afterwards when it breaks down in 13 months, when it should last 5 years. Its not of suitable quality for the task it was sold. It was what they said it was and cost what was stated, so it was never a FTA issue. Its a Guarantee issue.

yingxuan
14-10-2004, 04:34 PM
If somebody happened to have a bad trade at trademe.Say the sofa was broken and all that.CAn the buyer do anything about it?
AS far as a Im aware trademe will not do anything

Billy T
14-10-2004, 04:47 PM
I don't use TradeMe or any other auction site, but doesn't SafeTrader cover this situation?

I thought that under ST the funds were held in escrow until the buyer confirmed acceptance of the good by inspection and quality/functionality.

Internet auctions are a risky business with virtually zero protection if you decline to use the facility provided.

Cheers

Billy 8-{)

MartynC
14-10-2004, 05:12 PM
from the Consumers Institute

http://www.consumer.org.nz/topic.asp?category=Computers%20%26%20Phones&subcategory=Internet&docid=93&topic=Auctions%20online&title=Your%20rights&contenttype=general

MartynC
14-10-2004, 05:13 PM
sorry link the link is not quite right

Graham L
14-10-2004, 05:20 PM
You will find that auctions are governed by their own legislation. The rules for auctions date back centuries, like the pawnbrokers ones.

The basic idea is that you are buying "as inspected" an item which you have decided is suitable to your purposes. At the fall of the hammer, it is yours if you are the highest bidder. You are bound to pay for it. There's no guarantee. You "inspected" it. That's how it works in "real" auctions. Consumer Guarantees don't apply. It doesn't have to work. If it works now, it doesn't have to work tomorrow. ;-) You made your estimate of the value when you inspected it.

The internet ones are only very slightly different, because inspectioon can be difficult. ;-) The vendor describes the item. They will usually say if it works. The only way you can wriggle out of a purchase is if the item has been misrepresented. That is, that the "facts" weren't. And you have to be able to prove that.

tedheath
14-10-2004, 06:33 PM
The biggest problem with trademe is if you post bad feedback about a ratbag on trademe they do the same back to you. You need a 100% good feedback to operate with any success. I have been done but cant post bad feedback incase they bad feedback me.
Trademe could easily fix the problem but they choose not to

tedheath

Exwesty
14-10-2004, 08:49 PM
> The biggest problem with trademe is if you post bad
> feedback about a ratbag on trademe they do the same
> back to you. You need a 100% good feedback to operate
> with any success. I have been done but cant post bad
> feedback incase they bad feedback me.
> Trademe could easily fix the problem but they choose
> not to
>
> tedheath

Ted,

If they deserve it then post it, ok so they may retaliate but you also have the right to add a comment to their feedback. Trademe will also add a comment if the sale falls thru, once again you can comment on that and point to the feedback.

I have placed negative feedback on a person, they wern't happy, even offered to pay me to take it off but we had a polite exchange of emails and they saw my point. I kept my integraty and also told it how it was to others that may have to deal in the future.

I have also dealt with people with no feedback or even a slightly blemished one, far as I'm concerned they haven't blotted their copy book with me and i'll give them the opportunity to arrive at a deal.

Face value and honesty is how i'd see it, gee you can still spot the scammers anyways.

yingxuan
15-10-2004, 08:42 AM
I placed negative feedback because he failed to make contact.2 weeks later he gave me a neutral feedbac quoting *she was mean* that was it.
In my emails I gave him my name was Ronald.Im a guy.Really amazes me if he read my emails