Selling Goods in New Zealand

If you’re selling products in New Zealand (whether online, wholesale, or both), it’s easy to focus on the fun stuff first: suppliers, branding, and getting your first orders out the door.

But the legal side matters just as much. Getting it right from day one can help you avoid customer disputes, chargebacks, cashflow issues, and the kind of “we didn’t agree to that” arguments that can seriously slow down a small business.

This guide breaks down the key legal requirements for selling goods in New Zealand you should understand as a small business, with a practical focus on:

e-commerce (selling direct to consumers online); and
B2B (selling to other businesses, including wholesale and trade accounts).

We’ll cover the three big legal areas that come up again and again:

Contract and Commercial Law Act 2017 (CCLA) (contracts and enforcement);
Consumer Guarantees Act 1993 (CGA) (product guarantees and remedies for consumers); and
Fair Trading Act 1986 (FTA) (marketing, advertising, and misleading conduct).

Important note: This article is general information only. The right setup depends on what you sell, who you sell to, and how your sales process works. If you’re unsure, it’s worth getting tailored advice so your terms and compliance match your actual business model.

What Are The Main Legal Requirements For Selling Goods In New Zealand?

When people search for legal requirements for selling goods in New Zealand, they’re usually trying to answer a few practical questions, like:

Do I have to offer refunds?
What do I need to say on my website about delivery times and warranty?
Can I sell “as is” or “no returns”?
What happens if a business customer doesn’t pay?
What counts as misleading advertising?

In NZ, the short version is: you need to make sure your sales process is legally sound in three layers.

1) Your Contract Terms (CCLA + Your T&Cs)

Whenever you sell goods, you’re making a contract. That contract might be created by:

your online checkout flow;
a quote and purchase order (for B2B);
an invoice with terms; or
a formal supply agreement.

The Contract and Commercial Law Act 2017 matters because it contains key rules that support contract-making and enforcement (including remedies in some situations), and it often comes up in day-to-day commercial disputes about payment, cancellations, and performance.

Practically, one “make or break” issue is whether your terms are clearly presented and properly incorporated into the sale contract. If you’re selling online, this is where strong e-commerce terms and conditions can do a lot of heavy lifting.

2) Your Consumer Law Compliance (CGA + FTA)

If you sell to consumers (including online), you generally need to comply with:

the Consumer Guarantees Act 1993 (consumer guarantees and remedies); and
the Fair Trading Act 1986 (truthful advertising and sales practices).

These rules can apply regardless of what you put in your refund policy or terms. That’s why “no refunds” policies can create real legal risk if they’re not carefully framed.

3) Your Operational Policies (Delivery, Returns, Customer Support)

Even with great legal terms, most disputes start because expectations weren’t aligned. Clear operational policies reduce confusion and help you resolve issues quickly and consistently (especially if you’re a small team).

Common examples include a clear shipping policy and a returns process that matches what the law requires.

How Does The Consumer Guarantees Act Apply When You Sell Goods Online?

The Consumer Guarantees Act 1993 (CGA) is one of the biggest legal foundations for B2C sales in NZ.

If your customer is a consumer (generally, buying for personal, domestic, or household use), you can’t contract out of the CGA. This is a key point for anyone setting up an e-commerce store and trying to understand the legal requirements for selling goods in New Zealand.

What Guarantees Do You Owe Under The CGA?

In plain terms, goods you sell to consumers must generally be:

of acceptable quality (safe, durable, free from defects, and acceptable in appearance and finish, taking into account price and description);
fit for purpose (including any purpose the customer tells you about or that’s obvious);
matching their description (and any sample/model); and
delivered with clear title (i.e. you have the right to sell them).

If you sell products that come with manufacturer warranties, remember: the CGA rights sit alongside (and often go beyond) any manufacturer warranty wording.

If you need to map your warranty and remedy approach across different products, having a clear internal process (and customer-facing terms) is a smart move. Many businesses also align their approach with a warranty compliance guide so staff are handling issues consistently.

Do You Have To Offer Refunds?

Under the CGA, the remedy depends on whether the issue is considered minor or serious (sometimes described as “not of a substantial character” vs “of a substantial character”).

If the problem is minor, the supplier will usually have the first opportunity to put things right within a reasonable time (for example, by repairing or replacing the goods). If the supplier can’t or won’t fix the problem within a reasonable time, the consumer may be able to have the issue fixed elsewhere at the supplier’s cost, or reject the goods and seek a refund or replacement (depending on the circumstances).
If the problem is serious (for example, it can’t be fixed easily, it’s unsafe, or it’s significantly different from what was advertised), the consumer may be entitled to reject the goods and choose a replacement or refund.

This is why it’s risky to use blanket statements like “no returns” or “no refunds” in consumer-facing channels.

That said, you can still have a clear returns policy (and you should). The key is to distinguish between:

change-of-mind returns (you can choose whether to offer these, subject to what you advertise and your own policy); and
faulty or misdescribed goods (where CGA rights apply regardless of your policy).

If you’re setting up your customer-facing policies, it’s often helpful to align them with how NZ law treats returns, refunds and exchanges so you don’t accidentally promise (or deny) something that creates legal risk.

What Does The Fair Trading Act Require For Pricing, Advertising And Product Claims?

The Fair Trading Act 1986 (FTA) is about honest conduct in trade. It applies to marketing, sales conversations, product descriptions, endorsements, pricing, “was/now” discounts, and pretty much any representation you make to a customer (including on social media).

If you sell online, the FTA is especially important because customers rely heavily on your listings and website content when they decide to buy.

Avoid Misleading Or Deceptive Conduct

The basic rule is: don’t mislead people (and don’t create an overall impression that misleads them), even if you didn’t intend to.

Common risk areas for small e-commerce and wholesale businesses include:

product descriptions that overstate performance or features;
before/after claims without proper evidence;
country of origin or “made in” claims that aren’t accurate;
availability claims like “limited stock” that aren’t true;
delivery representations like “2-day shipping” where your actual shipping times vary widely; and
pricing errors and confusing checkout totals.

Pricing Must Be Clear And Accurate

Pricing issues are one of the fastest ways to end up in a dispute (or attract regulator attention). Your advertised price needs to be presented clearly and in a way customers can understand.

It’s also important that any additional costs (like shipping, rural surcharges, payment fees, or subscription renewals) are clearly disclosed before the customer pays.

If pricing presentation is a big part of your sales model (for example, bundles, discounts, or “from $X” pricing), it’s worth checking your approach against the rules around advertised price compliance.

Be Careful With “No Returns” Or “Final Sale” Advertising

You can run clearance sales and “final sale” promotions, but you need to be careful about how you describe consumer rights. The FTA can be triggered if you say something that misrepresents a consumer’s legal rights (for example, suggesting consumers have no right to a remedy for faulty goods).

A safer approach is to clearly state what you do and don’t offer for change-of-mind returns, while making sure you don’t try to limit CGA rights.

How Do You Set Up Enforceable Sales Terms Under The Contract And Commercial Law Act?

When you’re selling goods (online or wholesale), you want your terms to do two things:

prevent disputes by setting expectations; and
protect you if something goes wrong (late payment, returns disagreements, damaged deliveries, stock shortages, etc.).

This is where contract law foundations matter. Under the Contract and Commercial Law Act 2017 and general contract principles, a major question is whether your terms actually form part of the contract.

Are Your Terms Actually Part Of The Deal?

It’s surprisingly common for small businesses to “have terms” but not properly present them to customers. If the terms aren’t clearly brought to the customer’s attention before purchase, it can be much harder to rely on them later.

For e-commerce, a good setup usually includes:

a clear link to terms at checkout;
an “I agree” checkbox (where appropriate); and
records showing what terms applied at the time of purchase (especially if you update your website terms regularly).

For B2B, you may need:

terms attached to quotes;
terms referenced in credit applications and account setup;
signed supply terms (especially for wholesale relationships); and
clear processes for purchase orders vs invoices (to reduce “battle of the forms” confusion).

Getting the basics of contract formation right can also make a big difference in enforceability. If you’re not sure what creates a binding agreement in practice, it helps to understand what makes a contract legally binding in a business setting.

What Should Your Sales Terms Cover?

The right terms depend on what you sell, but for most product businesses, your terms should cover at least:

pricing and payment (including when payment is due, interest on overdue amounts, and recovery costs);
order acceptance (when you accept an order, and when you can reject or cancel);
delivery and risk (when risk passes to the buyer, handling of lost/damaged shipments);
returns and remedies (consumer rights and your change-of-mind policy);
limitations of liability (where lawful, especially in B2B);
product-specific warnings and safe use information (where relevant); and
dispute resolution (how you handle complaints and escalation).

Many businesses roll this into their core Business Terms so they have one consistent set of rules that supports day-to-day sales.

B2B Vs B2C: Can You Contract Out Of Consumer Protections?

In some B2B transactions, it may be possible to contract out of the CGA if the buyer is acquiring goods for business purposes and the contracting out is done correctly and fairly.

This can be particularly relevant for wholesalers or manufacturers selling to trade customers who on-sell or use goods in their operations.

However, contracting out has strict requirements and won’t be appropriate for every situation. If you get it wrong, you could end up with terms that don’t work when you need them most (and potentially a dispute over whether the CGA still applies).

This is one of those areas where it’s worth getting proper legal help to tailor the wording to your sales model and customer base.

What Extra Legal Requirements Apply To E‑Commerce (Beyond CGA And FTA)?

Running an online store adds extra compliance pressure because your customer journey is “self-serve”. That means your website needs to do the explaining that a salesperson might normally cover.

Here are a few common compliance areas e-commerce businesses should build into their setup.

Website Terms, Checkout Flow And Product Pages

Your product pages and checkout flow should be consistent with your legal terms. If your product page says one thing but your terms say another, you’re increasing the risk of disputes (and potentially misleading conduct issues).

If you sell goods online, it’s often helpful to have tailored online goods and services terms and conditions that match how your store actually operates (delivery timelines, order changes, pre-orders, backorders, and so on).

Privacy And Customer Data

If you collect customer information (names, addresses, emails, phone numbers, payment details through a provider, browsing data through cookies), you’ll need to think about privacy compliance.

At a practical level, most online stores should have a clear Privacy Policy that explains what data you collect, how you use it, and how customers can request access or correction.

This isn’t just “nice to have”. It helps you meet expectations under the Privacy Act 2020 and builds trust with customers who are (rightly) cautious about sharing information online.

Delivery Promises And Stock Availability

One of the fastest ways to create complaints is to overpromise on shipping timeframes or list products as “in stock” when they aren’t.

To keep things smooth:

use realistic dispatch timeframes;
be clear about pre-orders and backorders;
disclose any conditions that affect delivery times (like rural delivery or supplier delays); and
make sure your customer support team has a clear process for delivery issues.

A well-written shipping policy reduces confusion and gives you a consistent way to handle “where is my order?” queries.

How Do You Stay Compliant When Selling B2B (Wholesale And Trade Accounts)?

Wholesale and B2B sales often feel more flexible than consumer sales, but they come with their own legal risks-particularly around payment, credit, and unclear purchase processes.

If you’re selling to other businesses, the key legal requirements for selling goods in New Zealand usually include: getting your contract terms right, managing credit risk, and ensuring you can enforce payment obligations.

Quotes, Purchase Orders, Invoices: Make The Contract Clear

B2B relationships often involve multiple documents flying around (quotes, POs, invoices, email confirmations). If you don’t clearly define which terms apply, you can end up in a dispute about what was actually agreed.

Good B2B terms often include:

clear acceptance mechanics (what counts as placing an order);
payment terms (including due dates and consequences of late payment);
title and risk clauses (especially important if goods are shipped or stored);
limits on returns for non-fault issues (where appropriate); and
clear warranty allocation (and whether CGA is excluded where legally permitted).

Credit Checks And Account Terms

If you offer trade accounts, you’re effectively financing your customers’ purchases. That’s not necessarily a bad thing, but it needs a proper risk framework.

Common steps include:

using an account application process;
setting credit limits and review periods;
having personal guarantees (in some cases); and
ensuring your terms allow you to stop supply if invoices are overdue.

It’s much easier to put these protections in place upfront than to chase a debt later with limited leverage.

Make Sure Your Marketing To Businesses Is Still Accurate

Even in B2B, the Fair Trading Act can still apply. So if you’re marketing to business buyers, your representations should still be accurate and supportable (especially around product performance, compliance standards, and suitability for purpose).

Think of it this way: wholesale buyers are often relying on you because they’re going to on-sell your products, and any misleading claims can ripple down the chain and create real commercial damage.

Key Takeaways

Selling goods in New Zealand usually comes down to three pillars: enforceable contract terms (including under the Contract and Commercial Law Act 2017), Consumer Guarantees Act compliance for consumer sales, and Fair Trading Act compliance for advertising and pricing.
If you sell to consumers, you generally can’t contract out of the Consumer Guarantees Act, and “no refunds” messaging can create legal risk if it misrepresents consumer rights.
The Fair Trading Act 1986 affects what you say on product pages, social media, emails, and ads-so make sure product claims, pricing, and delivery promises are accurate and not misleading overall.
To make your terms enforceable, your customers need to see them and agree to them before purchase-especially for e-commerce checkouts and B2B quoting processes.
E-commerce businesses should align their checkout flow, shipping and returns processes, and customer comms with strong terms and core policies like a shipping policy and privacy policy.
B2B sellers should pay close attention to payment terms, credit risk, and document flow (quotes, purchase orders, and invoices) so it’s clear what forms the contract.

If you’d like help getting your sales terms and policies set up properly (or reviewing your current setup), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.

Selling Goods In New Zealand: Contract, Consumer & Fair Trading Laws