Faulty Vape? Warranties, Returns and Your Rights Under the Consumer Guarantees Act in NZ

A vaping device is a consumer product like any other, so the Consumer Guarantees Act 1993 applies to it. That means you have legal rights when a device is faulty, whatever a retailer's own policy says. This page explains those rights, what they do not cover, and how a claim works. It is general information, not legal advice, and is current as at September 2026.

What the Consumer Guarantees Act requires

Any product sold by a business in New Zealand must be:

• Of acceptable quality: it works, is free of defects, is safe, is acceptable in appearance and lasts a reasonable time for a product of that kind.
• Fit for purpose: suitable for the purpose you told the retailer about, or that the retailer said it was suitable for.
• As described: it matches its description, packaging and listing.
• Delivered on time and in good condition where the retailer arranged delivery.

These guarantees cannot be excluded or signed away by a retailer's terms when you buy as a consumer. A manufacturer's warranty sits on top of them; it does not replace them.

What counts as a reasonable time

The Act does not set a number of months. What is reasonable depends on the product and its price. A battery unit would normally be expected to work for well over a year of ordinary use.

Consumables are treated differently. Pods, coils and e-liquid are used up in normal use, so a coil that tastes burnt after a couple of weeks is not a fault. Nor is an e-liquid you simply do not like. A pod that leaks straight from the packet, a device that will not charge from new, or a battery that fails after a few months would normally be covered.

Remedies

• Minor fault, one that can be fixed: the retailer chooses whether to repair, replace or refund, at no cost to you and within a reasonable time. If they refuse or take too long, you can have it fixed elsewhere and claim the reasonable cost, or reject the product.
• Serious fault — one that cannot be fixed, that you would not have bought had you known, or that makes the product unsafe: you choose between a replacement of the same type or a full refund. You may also claim for reasonably foreseeable losses caused by the fault.

The claim is against the retailer you bought from. You do not have to go to the manufacturer, even if the retailer suggests it, though you may choose to.

What the Act does not cover

• Change of mind, or ordering the wrong item.
• Damage from misuse: drops, liquid entering the electronics, using an unsuitable charger, running a coil outside its wattage range.
• Normal wear of consumables such as coils and pods, or a battery gradually losing capacity over a long period.
• Faults you were told about before buying.
• Products bought privately or from an overseas seller.

Store policies alongside the Act

A retailer can offer more than the Act requires, but not less. Our Returns & Warranties policy:

• Accepts change-of-mind returns of unopened, unused products in resellable condition within three months, with proof of purchase. Return shipping is at the buyer's cost unless the wrong item was sent.
• Handles faulty or damaged items under the Act. Contact us first — some faults can be assessed from a photograph, others need the item back.
• Does not cover damage from misuse, drops, liquid exposure or worn consumables.
• Does not accept opened e-liquid returned because the flavour or strength is not to taste, but will assess a bottle with a suspected quality or manufacturing fault.

Making a claim

1. Stop using the device if it is overheating, firing on its own or otherwise unsafe. Remove the battery if it is removable.
2. Contact the retailer with your order number or receipt, a description of the fault, and a photo or short video if the fault is visible.
3. Follow the assessment instructions. If you post a device containing a battery, discharge it, protect the terminals and use a tracked courier.
4. Keep the packaging and receipt until the claim is resolved.

For anything bought from us: email customerservice@vapourium.nz, call 03 974 8136 Monday to Friday 9am to 4pm, or bring it into any of our stores.

If you cannot reach agreement

The Disputes Tribunal hears consumer claims up to $30,000 without lawyers, for a modest filing fee. Consumer Protection at consumerprotection.govt.nz has a Consumer Rights Finder and template letters. Citizens Advice Bureau can also help, free of charge.

Reducing the chance of a fault

Most device problems are avoidable: charge from a low-output USB port rather than a high-output phone charger, keep the pod contacts dry, do not carry loose batteries in a pocket, and change coils before they burn. See the Battery Safety Guide, pod and coil life, and the troubleshooting guide, which resolves most issues without a return.

Sources: Consumer Guarantees Act 1993; Consumer Protection (Ministry of Business, Innovation and Employment), Consumer Guarantees Act guidance.