Purchased a watch through a Spark store. I am still paying for it. It has been repaired once already and now has the

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Customer: Purchased a watch through a Spark store. I am still paying for it. It has been repaired once already and now has the same problem. I took it back to the store and told them it was not fit for purpose and they don't want to know. What are my rights please
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am in Hawke's Bay New Zealand . And no one else is helping
JA: Have you contacted the seller or manufacturer?
Customer: Yes the store I purchased it from
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That would be awesome.
Answered by Chris The Lawyer in 5 hours 2 months ago
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

If the watch continues to be faulty you have rights under the Consumer Guarantees Act, as if it is not fit for purpose due to the faults, then you are entitled to a refund or replacement. You should insist on this, and tell them you will claim in the Disputes Tribunal if they do not do so.

Customer
Good morning Chris
I took your advice and went back to the Spark shop and told them what you had told me and they said it is their policy to try and repair it at least 3 times before they would consider a refund.
My concern now is that they will stretch it out until the warranty expires and then what are my rights?
Please can you advise myMany thanks *****
Customer
JustAnswerAsk a questionRemember to rate your expert here after you get an answer and finish talking.Online now Purchased a watch through a Spark store. I am still paying for it. It has been repaired once already and now has the same problem. I took it back to the store and told them it was not fit for purpose and they don't want to know. What are my rights please JA: What state are you in? And is a ... view fullChris The Lawyer SolicitorHi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.Chris The Lawyer SolicitorIf the watch continues to be faulty you have rights under the Consumer Guarantees Act, as if it is not fit for purpose due to the faults, then you are entitled to a refund or replacement. You should insist on this, and tell them you will claim in the Disputes Tribunal if they do not do so. Want to switch to a live phone call?We can talk on the phone to make it easier to get the help you need.Amount: NZ$89Connect with the Expert 24/7Call meBy clicking "Call me" you agree to the additional amount and to credit the Expert.Good morning Chris
I took your advice and went back to the Spark shop and told them what you had told me and they said it is their policy to try and repair it at least 3 times before they would consider a refund.
My concern now is that they will stretch it out until the warranty expires and then what are my rights?
Please can you advise myMany thanks
Carol ScottSend+ Add filesYour conversation is covered by our Disclaimer.OrderID: 33864519-33JustAnswerAsk a questionRemember to rate your expert here after you get an answer and finish talking.Online now Purchased a watch through a Spark store. I am still paying for it. It has been repaired once already and now has the same problem. I took it back to the store and told them it was not fit for purpose and they don't want to know. What are my rights please JA: What state are you in? And is a ... view fullChris The Lawyer SolicitorHi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.Chris The Lawyer SolicitorIf the watch continues to be faulty you have rights under the Consumer Guarantees Act, as if it is not fit for purpose due to the faults, then you are entitled to a refund or replacement. You should insist on this, and tell them you will claim in the Disputes Tribunal if they do not do so. Want to switch to a live phone call?We can talk on the phone to make it easier to get the help you need.Amount: NZ$89Connect with the Expert 24/7Call meBy clicking "Call me" you agree to the additional amount and to credit the Expert.Good morning Chris
I took your advice and went back to the Spark shop and told them what you had told me and they said it is their policy to try and repair it at least 3 times before they would consider a refund.
My concern now is that they will stretch it out until the warranty expires and then what are my rights?
Please can you advise myMany thanks
Carol ScottSend+ Add filesYour conversation is covered by our Disclaimer.OrderID: 33864519-33
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Chris The Lawyer, Expert

Your rights under the Consumer Guarantees Act override your rights under the warranty-so they must repair or replace even if the warranty expires

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