Is a retailer legally required to have a percentage of the stock in a catalogue from the catalogue's release date?

Question Details: If a retailer releases a catalogue that expires after 3 months, is there a percentage of the catalogue that they are legally required to have from day one release of the catalogue?

Filed under Consumer Law | 1470 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

No, there is no set percentage a retailer must have in stock on the catalogue release date. Ideally, the retailer should have all of the goods in the catalogue available. The law is that a retailer must supply the goods that it advertises and they must have those goods available for a reasonable amount of time, including from the first day that the goods are advertised.

However, if there are reasons that all the stock is not available, the retailer should arrange to supply the goods within a reasonable amount of time. What is "reasonable" always depends on the situation.

If the sale goods are not in stock, we suggest that you ask for a "raincheck". This is where you can request that the retailer order in the stock for you and you only have to pay the price advertised at the time you made the request.

If you are unhappy with the retailer's response, you could consider talking to the Commerce Commission or talking to your local Community Law Centre about taking the retailer to the Disputes Tribunal. For more information please see: www.communitylaw.org.nz

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