Consumer Guarantees Act and Fair Trading Act

While the vast majority of purchases on Designer Wardrobe don't have any issues, we understand it can be frustrating when something doesn't go as expected.

Designer Wardrobe is a peer-to-peer marketplace, where most items are sold by private individuals rather than businesses. Because of this, the Consumer Guarantees Act 1993 and Fair Trading Act 1986 generally do not apply to purchases made on Designer Wardrobe.

If an item arrives and is not as described, the best way to protect yourself is to open a dispute up to and within 24 hours of delivery. This ensures your purchase is reviewed by our team and allows us to help mediate a resolution between you and the seller. Learn more about Purchase Protection

About the Consumer Guarantees Act and Fair Trading Act

The Consumer Guarantees Act (CGA) and Fair Trading Act (FTA) are designed to protect consumers when goods or services are supplied by a business, in trade. Most sellers on Designer Wardrobe are members selling items from their own wardrobes, not operating as retailers or professional traders.

Because these sales are considered private transactions:

The Consumer Guarantees Act and Fair Trading Act do not automatically apply
Sellers are not legally required to offer refunds, repairs, or replacements under the CGA
CGA guarantees such as "acceptable quality" or "fit for purpose" cannot be relied on
FTA protections against misleading conduct apply only if the seller is operating in trade

This can be different if a seller is clearly operating in trade, which is assessed on a case-by-case basis.

What this means for buyers

When purchasing from a private seller, buyer protections come from the information provided in the listing — including photos, descriptions, and any disclosures made by the seller.

Things to keep in mind before purchasing

Read listings carefully	Check descriptions, condition notes, and sizing details
Review photos closely	Look for signs of wear or disclosed flaws
Ask questions first	Reach out to the seller if anything is unclear

How to protect yourself if something goes wrong

Understanding that the Consumer Guarantees Act and Fair Trading Act don't usually apply helps set clear expectations when buying second-hand from private sellers. If you're unsure whether a seller may be operating in trade, or need help understanding your options, our support team can help explain the next steps.

If you'd like to learn more about how consumer law applies to second-hand purchases, Consumer NZ has a helpful overview explaining when the Consumer Guarantees Act and/or Fair Trading Act applies to second-hand goods. Read more on the Consumer NZ website

Important note

This information is provided as general guidance only and does not constitute legal advice. If you believe a seller is operating as a business, you may wish to seek independent advice or raise this with our team for review.