A vape kit is a consumer product like any other, so the Consumer Guarantees Act 1993 (CGA) applies to it. That means you have legal rights when a device is faulty, regardless of what a retailer's own policy says. This guide explains those rights in plain language, what they do not cover, and how the process works at Vapourium. It is general information, not legal advice, and is current as of September 2026.

What the Consumer Guarantees Act promises

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

• Of acceptable quality: it works, is free of defects, is safe, looks acceptable, and lasts a reasonable time for that kind of product.
• 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 if the retailer arranged delivery.

These guarantees cannot be signed away or excluded 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 for a vape?

The Act does not set a number of months. "Reasonable" depends on the product and its price. A pod battery or mod is expected to work for well over a year of normal use. Consumables are different: pods, coils and e-liquid are used up in normal use, so a coil that tastes burnt after two weeks is not a fault, and an e-liquid you dislike is not a fault. A pod that leaks straight out of the packet, a device that will not charge from new, or a battery that fails after a few months would all normally be covered.

Your remedies when a product is faulty

• Minor fault (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 (cannot be fixed, or would not have been bought had you known, or is unsafe): you choose between a replacement of the same type or a full refund. You can 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 getting into the electronics, using the wrong charger, using a coil outside its wattage range.
• Normal wear of consumables such as coils, pods and batteries losing capacity over a long period.
• Faults you were told about before buying, and products bought privately or from overseas sellers.

Store policies alongside the Act

Retailers can offer more than the Act, but not less. Vapourium's Returns & Warranties policy, for example:

• Accepts change-of-mind returns of unopened, unused products in resellable condition within 3 months, with proof of purchase. Return shipping is at the buyer's cost unless we sent the wrong item.
• Handles faulty or damaged items under the Act: contact us first, and in some cases the product needs to come back for assessment before a replacement or refund.
• Does not cover damage from misuse, drops, liquid exposure or worn-out consumables.
• Does not accept opened e-liquid returned because the flavour or strength is not to your taste, but will assess a bottle with a suspected quality or manufacturing fault.

How to make a claim

1. Stop using the device if it is overheating, auto-firing 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. For Vapourium, email customerservice@vapourium.nz or call 03 974 8136, Monday to Friday, 9am to 4pm, or bring it into any of our stores.
3. Follow the assessment instructions. Some faults are obvious from a photo; others need the device back. If you post a device with a battery, discharge it, protect the terminals and use tracked courier.
4. Keep the packaging and receipt until the claim is resolved.

If you cannot agree

If a retailer refuses a remedy you believe you are entitled to, the Disputes Tribunal hears consumer claims up to $30,000 without lawyers, for a modest filing fee. Consumer Protection (consumerprotection.govt.nz) has a Consumer Rights Finder tool and template letters. Citizens Advice Bureau can also help for free.

Reducing the chance of a fault

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

Sources: Consumer Guarantees Act 1993; Consumer Protection (Ministry of Business, Innovation and Employment), Consumer Guarantees Act guidance; Vapourium Returns & Warranties policy.