Bartercard NZ launches their Fair Trading campaign under the NZ law and due to the number of recent changes to the New Zealand legislation impacting on businesses and their obligations when promoting and selling goods, Bartercard took this as an opportunity to put something together to further explain what this means for the Bartercard Trade Exchange. The purpose is to help Bartercard members understand the changes and ensure members are meeting their legal obligations when conducting business on Bartercard. This will help eliminate unfair trading and create a healthier exchange. Like the cash economy they operate in the same way and those rules and laws apply to Bartercard.
‘The FTA applies to what people say and do when promoting and selling goods and services. The Act applies to all sales by professional traders, but not to one-off private trades. The FTA prohibits misleading and deceptive conduct, false representations and unfair practices by people in trade. The FTA has been amended and penalties under the Act have increased.
‘See http://www.business.govt.nz/laws-and-regulations/consumer-laws/understanding-the-fair-trading-act .
‘Unfair practices are selling methods which mislead you. Unfair practices which are illegal under the FTA include bait advertising. Some examples of unfair practises are:
‘When a seller advertises particular goods or services at a particular price, and doesn’t intend supplying or selling reasonable quantities at that price.
‘When a seller advertises as goods being payable in Bartercard but you find when you come to collect the goods that cash is involved. (Note: It is a condition that to list in the Bartercard directory, that advertised services are 100% on Bartercard).
‘When a seller’s pricing is different when paying with Bartercard.
‘To assist in the definition of what is fair and taking into account the terms and conditions members are bound by, you will find enclosed a document on Fair Practices for conducting business on Bartercard. Should you have a dispute with another member, Bartercard is not able to directly assist in resolving the dispute as Bartercard is not a party to the contract. It would also be possible for a Court or Tribunal to overturn a decision made by Bartercard in such a dispute. We therefore encourage members to have clear expectations prior to entering into agreements and to seek legal advice as required. Please refer to the booklet enclosed or visit www.bartercard.co.nz/fair-trading .
‘Bartercard is however interested in being made aware of any dealings that you have that you believe are unfair or unlawful. Bartercard can then decide if the circumstances mean that a member should be removed from the exchange particularly if it’s not a one off occurrence. By holding members accountable, this will assist in maintaining a healthy exchange.’
As Bartercard are really trying to help their members by providing them with the legislation with examples of how this applies in Bartercard, people should go to http://www.bartercard.co.nz .