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  3. Disputes Policy

Disputes Policy

  1. Disputes Policy
    1. A Buyer will have 21 days from the Time of Purchase to raise a Dispute and to attempt to resolve that Dispute.

    2. If the Buyer wishes to raise a Dispute:
      1. The Dispute must be raised and dealt with strictly in accordance with these Terms.
      2. It must complete all the mandatory fields in the Raise a Dispute via the Dashboard and provide full details of the Dispute being made.
      3. The Buyer's Raise a Dispute form must be submitted within 21 days of the Time of Purchase.

    3. If a Buyer fails to raise a Dispute as above within 21 days of the Time of Purchase, then immediately on the expiration of that period:
      1. The Buyer is deemed to have received the Item.
      2. The Buyer is deemed to be completely satisfied with the Item, subject to any statutory rights available to the Buyer.
      3. The Buyer irrevocably directs Chooza to pay the Purchase Price to the Seller in accordance with the Payment Policy.
      4. The Buyer agrees that it can no longer raise a Dispute via the Chooza Platform.

    4. Remember that a Buyer can only make a claim under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in respect of an Item if the Seller is a Business User. A Buyer cannot make a claim against a Seller in respect of an Item bought from a Seller that is an Individual User.

    5. Where a Dispute has been raised in accordance with clause 21.2 then:
      1. Chooza will keep the Purchase Price in a Chooza Trust Account pending the outcome of the Dispute in accordance with this Disputes Policy.
      2. Chooza will notify each of the Seller and the Buyer that a Dispute has been raised and provide details of the Dispute to the Seller.
      3. Each of the Seller and Buyer agree that they will try to resolve the Dispute in good faith as quickly as possible.

    6. If within 21 days of the Time of Purchase the Buyer and Seller agree that the Purchase Price is to be refunded to the Buyer and the Item returned to the Seller (unless the Seller agrees that the Buyer can keep the Item), then:
      1. Each of the Buyer and Seller need to select the Dispute Resolved - Refund option via their Dashboard
      2. Unless the Buyer and Seller agree otherwise, it will always be the Buyer's responsibility to arrange for the Item to be delivered back to the Seller in the same condition it was in when it was received by the Buyer and the Buyer must arrange for the Item to be delivered to the Seller as follows:
        1. Dispatch the Item to the Seller's requested delivery address in New Zealand using a reputable courier service (at the Buyer's cost) within 5 days of the Buyer and Seller agreeing that the Item is to be returned and the Purchase Price refunded.
        2. Alternatively, the Item to the Seller's nominated address in New Zealand.
        3. The Buyer must keep the Seller appraised of any potential delays in delivery and use all reasonable endeavours to make sure that the Item is delivered to the Seller as soon as is practicably possible.
        4. If an Item is being delivered by a third party (such as a courier service), it is the Buyer's responsibility to ensure that the Item is actually collected by that third party and properly and efficiently packaged to minimise the risk of any damage to the Item during delivery.
        5. A Buyer who arranges for an Item to be collected by a third party (such as a courier service) must ensure that the Item is adequately insured during transit and is responsible for any loss or damage to the Item that occurs during delivery of the Item.
      3. In the event that the Seller elects to collect the Item from the Buyer, the Buyer shall ensure that the Item is available for collection at the collection time and place as agreed between the Seller and the Buyer.
      4. Chooza will release the Purchase Price from the Chooza Trust Account and refund the same, on behalf of the Seller, to the Buyer via the same payment method (and Payment Gateway) that the Buyer used to pay the Purchase Price. Such payment will be made by Chooza to the Buyer as soon as possible after both the Buyer and the Seller have authorised the refund via their respective Dashboards.

    7. If within 21 working days of the Time of Purchase the Buyer and Seller agree that the sale of the Item should proceed, each of the Buyer and Seller need to select the Dispute Resolved - Sale Completed option via their Dashboard and as soon as that happens Chooza will release the Purchase Price from the Chooza Trust Account to and for the benefit of the Seller and notify the Buyer and the Seller once completed.

    8. If within 21 working days of the Time of Purchase the Buyer and Seller have not resolved the Dispute as contemplated by clauses 21.6 or 21.7, then:
      1. The Buyer (Claimant) may select the Dispute Raised with Disputes Tribunal link via their Dashboard within 31 days of the Time of Purchase.
      2. Chooza will then notify the other party that the status of the Dispute has been elevated to In Dispute with DT;
      3. The Claimant must lodge a claim with the Disputes Tribunal within 31 days of the Time of Purchase asking the Disputes Tribunal to resolve the Dispute.
      4. Each of the Buyer and Seller agree that if Chooza has not been notified that the Dispute has been lodged with the Disputes Tribunal within 31 days of the Time of Purchase, then Chooza (in its sole discretion) can determine when the sale, purchase and delivery of the Item shall be deemed to have been effected and, once Chooza makes that decision, each of the Buyer and Seller shall be deemed to have instructed Chooza to credit the Purchase Price to the Seller otherwise pursuant to these Terms.
      5. Each of the Buyer and Seller agree that the Disputes Tribunal decision (including all documents relating to it) will be shared with Chooza.
      6. Unless the Disputes Tribunal decides otherwise, if a Buyer is to return an Item to a Seller, then the Buyer must do so as required by clause 21.6b.
      7. Each of the Buyer and Seller agree that the Disputes Tribunal is irrevocably authorised to disclose any information relating to the Dispute to Chooza if Chooza requires.

    9. Where the Disputes Tribunal issues a decision in respect of a Dispute, then the Buyer and Seller irrevocably agree:
      1. That they will each provide Chooza with a full and legible copy of the Disputes Tribunal decision by upload via the Dashboard within 3 days of receiving the decision.
      2. With each other and Chooza that they will each fully abide by the decision of the Disputes Tribunal in full and final settlement of the Dispute (to the maximum extent permitted by law).
      3. That they each instruct Chooza to deal with the Purchase Price in a manner consistent with the Disputes Tribunal decision regarding the Dispute.

    10. Unless your Dispute with Chooza relates to a financial service that we offer (see clause 21.11), where any Registered User wishes to raise a Dispute against Chooza, then Chooza and the Registered User (parties) agree that:
      1. The Registered User will set out in detail the nature of the dispute through the Contact Us section of the website.
      2. The parties will make every effort to resolve the dispute in good faith and by mutual negotiation.
      3. No Dispute can be in respect of a sum that exceeds the value of a Purchase Price of an Item or the value of a Donation or where the Dispute has not arisen from the sale, purchase or attempted sale or purchase of an Item or from a Donation, then $1,000.
      4. In the event that the parties are unable to reach a resolution of the dispute within 21 days of the Dispute first being raised by one party with the other, either party may lodge a claim with the Disputes Tribunal within 28 days of the Dispute having arisen.
      5. To the maximum extent permitted by law, the decision of the Disputes Tribunal will represent a full and final settlement of the Dispute.

    11. If a Dispute relates to a financial service that Chooza offers or provides, then:
      1. The Registered User must submit a Financial Services Dispute which fully sets out the nature of the complaint by email to info@chooza.com.
      2. Chooza will contact the Registered User and attempt to resolve the Dispute.
      3. If Chooza provides any of the following advice to you relating to your Dispute, then you may submit your Dispute via the Financial Dispute Resolution Service at https://fdrs.org.nz/complaints/make-a-complaint/:
        1. Chooza has notified you of its decision regarding the Dispute.
        2. Chooza has notified you that it has formed the view that you and Chooza are unlikely to resolve the Dispute directly.
        3. 3 months has passed since you first notified Chooza of your Dispute as required by clause 13.11a.
      4. You must have lodged your complaint regarding the Dispute with the Financial Dispute Resolution Service no later than:
        1. 3 months after receiving notice as referred to in clause 13.11c.i or 13.11c.ii.
        2. 3 years after you first lodged your Dispute with Chooza in accordance with clause 13.11a.

    12. Nothing in this section shall:
      1. Limit, prejudice or reduce Chooza's rights and authorities under these Terms including (without limitation) Chooza's right to terminate a Registered User's membership.
      2. Prevent a party from seeking injunctive relief from an appropriate Court where failure to obtain such relief would cause irreparable damage to the party concerned.
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