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Topic # 239403 16-Jul-2018 12:41
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I was under the impression that companies not based in NZ but selling to NZ via online means (whether or not they have a .nz domain name) are not obligated to meet the requirements of New Zealand law, including the Consumer Guarantees Act.

 

But I got the following message from Supero, which I understand now has no physical presence in NZ, and doesn't appear to be operating here in the form of an NZ company: "Anyone selling to NZ is liable to comply by NZ law. Yes we honour consumer guarantees in NZ".

 

I'd like to take them on their word that they will (and I've read elsewhere they're decent to deal with), but I'm yet to see the evidence that this advice they've given me is correct.

 

Can those knowledgeable (calling @dejadeadnz?) on this matter confirm what the status is? 

 

I've read the main material from the usual suspects, the content of which is certainly not categorical either way and can also be somewhat ambiguous - eg it "can be harder to enforce your consumer rights with an overseas business" would seem to indicate that "consumer rights" as provided by the CGA are available in these circumstances.

 

Thanks for any clarification.


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  Reply # 2057042 16-Jul-2018 13:01
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It comes down to enforcement. 

 

If a New Zealand court has jurisdiction to force a person or entity to pay up, then yes, they must comply (or 'should'). 

 

NZ courts have no jurisdiction over Supero so you are at the mercy of their goodwill.   

 

Regarding their written promise, I find people say many things they don't mean. Don't rely on it. 


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