Last updated: 2 February 2026
Version: 2.0
Operator: One&Only Group Limited (“Kapsule”, “we”, “us”, “our”)

The Kapsule Buyer Guarantee is designed to provide peace of mind when shopping on our marketplace. This guarantee works alongside your statutory rights under New Zealand consumer law to ensure you receive what you ordered and can shop with confidence.

1. Overview and Scope

1.1 The Kapsule Buyer Guarantee applies to eligible purchases made through the Kapsule marketplace platform where:

  • The product was purchased from a Seller on Kapsule
  • Payment was processed through Kapsule’s payment system
  • The transaction was completed within New Zealand
  • The claim is made within the applicable timeframe

1.2 This guarantee is in addition to your statutory rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, and other applicable consumer protection laws. Nothing in this guarantee limits or replaces your legal rights.

1.3 Where this guarantee provides broader protection than your statutory rights, you may choose to make a claim under either this guarantee or your legal rights, or both.

2. What’s Covered by the Buyer Guarantee

The Kapsule Buyer Guarantee covers the following situations where eligible purchases meet the criteria:

Item Not Received

2.1 If you do not receive your item within the expected delivery timeframe (the Seller’s estimated delivery time plus 5 business days), and the Seller cannot provide valid proof of delivery, you are entitled to:

  • A full refund of the purchase price including original shipping costs
  • Assistance in tracking and locating the item
  • Compensation for unreasonable delays where appropriate

Item Not as Described

2.2 If the item you receive differs materially from the listing description, images, or specifications in ways that affect its value or your decision to purchase, you are entitled to:

  • Return the item for a full refund (including original shipping costs)
  • A partial refund reflecting the reduced value if you choose to keep the item
  • Replacement with an item matching the original description (if available)

2.3 Material differences include but are not limited to:

  • Wrong product, model, size, color, or version
  • Significantly different quality, condition, or functionality
  • Missing components, accessories, or parts shown in listing
  • Undisclosed damage, defects, or wear
  • Different brand or specifications than described

Defective, Damaged, or Unsafe Items

2.4 If you receive an item that is:

  • Defective or not functioning as intended
  • Damaged during shipping or beforehand
  • Unsafe for its intended use
  • Does not meet applicable safety standards

You are entitled to:

  • Full refund upon return of the item
  • Repair or replacement (at your choice for major problems)
  • Compensation for any damage caused by the defective item

Counterfeit or Unauthorised Items

2.5 If you receive a counterfeit, replica, or unauthorised item when you believed you were purchasing a genuine product, you are entitled to:

  • Full refund without needing to return the item (as returning counterfeit goods may be illegal)
  • Report of the Seller to appropriate authorities
  • Immediate action against the Seller’s account

Significantly Late Delivery

2.6 If an item arrives significantly later than the Seller’s stated delivery timeframe (more than 10 business days late) and this delay causes you material inconvenience or loss, you may be entitled to:

  • Partial refund of shipping costs
  • Compensation where the delay caused specific, documented losses
  • Full refund if you no longer need the item due to the delay

3. How to Make a Claim

Step 1: Open a Claim

3.1 You may open a Buyer Guarantee claim through your Kapsule account by:

  • Going to “My Orders” in your account
  • Selecting the relevant order
  • Clicking “Report a Problem” or “Open Claim”
  • Completing the claim form with details and evidence

3.2 Claims must be opened within:

  • 180 days of purchase for most items
  • 30 days of delivery for “item not as described” claims
  • 45 days after estimated delivery date for “item not received” claims

Step 2: Provide Evidence

3.3 To support your claim, you should provide:

  • Clear photographs or videos showing the issue
  • Copies of communications with the Seller
  • Original listing screenshots or description
  • Tracking information or delivery confirmation
  • Expert reports or assessments (for complex or high-value items)
  • Receipts for any costs incurred due to the problem

3.4 The more evidence you provide, the faster we can review and resolve your claim.

Step 3: Kapsule Review

3.5 Our customer support team will review your claim, which typically includes:

  • Reviewing all evidence and documentation provided
  • Contacting the Seller for their response and evidence
  • Evaluating the claim against our guarantee criteria
  • Requesting additional information if needed
  • Making a fair determination based on the evidence

3.6 Most claims are reviewed and resolved within 5-7 business days. Complex or high-value claims may take longer.

Step 4: Resolution

3.5 Once a decision is made, we will notify both you and the Seller. Possible outcomes include:

  • Full refund: The purchase price (and eligible shipping costs) is refunded to your original payment method
  • Partial refund: A percentage of the purchase price reflecting the issue
  • Return and refund: You return the item and receive a full refund
  • Replacement: The Seller sends a replacement item meeting the original description
  • Claim denied: If evidence doesn’t support the claim, with explanation provided

3.6 Refunds are typically processed within 3-5 business days of claim resolution and may take an additional 5-10 business days to appear in your account depending on your bank or card issuer.

4. Your Responsibilities as a Buyer

4.1 To be eligible for the Buyer Guarantee, you must:

  • Provide accurate delivery information when ordering
  • Monitor tracking information and delivery attempts
  • Inspect items promptly upon receipt
  • Report problems within reasonable timeframes
  • Follow return instructions if a return is required
  • Act in good faith and provide truthful information
  • Not misuse, damage, or alter the item before claiming it’s defective
  • Cooperate with the investigation process

4.2 You must not open a chargeback or payment dispute with your bank or credit card company while a Buyer Guarantee claim is being processed, as this may delay resolution and could result in your claim being denied.

4.3 If you receive a refund through the Buyer Guarantee and are also refunded through a chargeback, you must immediately notify us and return the duplicate refund.

5. What’s Not Covered

The Buyer Guarantee does not cover the following situations:

Change of Mind

5.1 Items you simply no longer want, unless the Seller specifically offers a voluntary change-of-mind return policy.

5.2 The Buyer Guarantee does not create a right to return items for change of mind. However, individual Sellers may offer voluntary return policies.

Buyer’s Remorse or Preference

5.3 Situations where:

  • You found the item cheaper elsewhere after purchasing
  • You ordered the wrong size, color, or model by mistake
  • The item doesn’t match your décor or expectations
  • You changed your mind about needing the item

Disclosed Conditions

5.4 Issues, defects, wear, or conditions that were clearly disclosed in the listing description before purchase.

5.5 For used, second-hand, or refurbished items, reasonable wear consistent with the item’s age and stated condition.

Buyer-Caused Damage

5.6 Damage, defects, or issues caused by:

  • Misuse, abuse, or improper handling after delivery
  • Failure to follow care, maintenance, or usage instructions
  • Modifications, repairs, or alterations you made
  • Accident or neglect after receiving the item

Subjective Preferences

5.7 Subjective matters such as:

  • “It’s not what I expected” without objective basis
  • Color appearing slightly different on your screen
  • Size being different than you imagined (when dimensions were provided)
  • Quality being “lower than expected” when it meets the description

Delivery Issues Beyond Seller Control

5.8 Delays or non-delivery caused by:

  • Incorrect or incomplete address provided by you
  • Your refusal to accept delivery or failure to collect
  • Natural disasters, severe weather, or force majeure events
  • Customs delays for international orders
  • Courier issues where the Seller has met their dispatch obligations

Items Outside Guarantee Period

5.9 Claims made after the applicable guarantee period has expired (180 days from purchase or specific timeframes for certain claim types).

Services and Digital Goods

5.10 The Buyer Guarantee primarily covers physical goods. Services and digital products have limited coverage and are assessed on a case-by-case basis.

Business Purchases

5.11 Where you have acquired goods for business use and have agreed with the Seller that the Consumer Guarantees Act does not apply, the Buyer Guarantee may be limited accordingly.

6. Returns and Return Shipping

When Returns Are Required

6.1 If your claim is approved and involves returning the item, you will receive return instructions including:

  • Return address
  • Deadline for return (typically 14 days)
  • Packaging requirements
  • Whether return shipping is prepaid or reimbursed

Return Shipping Costs

6.2 Return shipping costs are handled as follows:

  • Seller’s fault (wrong, defective, or not as described item): Seller pays return shipping. Either a prepaid label is provided, or you are reimbursed for reasonable return shipping costs.
  • Buyer’s fault (wrong item ordered, change of mind): Buyer pays return shipping costs.
  • Voluntary Seller return policy: As specified in the Seller’s policy.

6.3 Keep proof of postage and tracking information for all returns, as this may be required to process your refund.

Return Condition

6.4 Returned items must be in the same condition as received, with all original packaging, tags, accessories, and documentation where possible.

6.5 Refunds may be reduced if items are returned in worse condition than received (unless the issue being claimed is damage or defect).

7. Consumer Guarantees Act and Statutory Rights

7.1 Under the Consumer Guarantees Act 1993, when you buy goods or services for personal use, you have automatic guarantees that:

  • Goods are of acceptable quality
  • Goods are fit for any particular purpose you specify
  • Goods match their description and any sample shown
  • Goods match any demonstration model
  • The Seller has the right to sell the goods
  • Services are provided with reasonable care and skill
  • Services are fit for purpose
  • Services are completed within a reasonable time

7.2 If these guarantees are not met, you are entitled to remedies which may include:

  • For minor problems: Repair or replacement
  • For major problems: Rejection of goods and full refund, or compensation for the drop in value

7.3 A problem is major if:

  • A reasonable person would not have bought the item had they known about the problem
  • The item is significantly different from the description or sample
  • The item is substantially unfit for its normal purpose and cannot easily be made fit
  • The item is unsafe

7.4 These statutory rights are in addition to the Kapsule Buyer Guarantee and cannot be excluded or limited. Where the Consumer Guarantees Act provides greater protection, you should rely on your statutory rights.

7.5 For more information about your rights under the Consumer Guarantees Act, visit consumer.govt.nz or consult an independent legal advisor.

8. Dispute Escalation and Resolution

8.1 If you disagree with the decision on your Buyer Guarantee claim, you may:

  • Request a review by a senior customer support specialist
  • Provide additional evidence or information you believe was not properly considered
  • Appeal within 14 days of the original decision

8.2 Appeals are reviewed by a different team member not involved in the original decision.

8.3 If you remain dissatisfied after the appeal process, you may:

  • Contact the Disputes Tribunal for claims under $30,000 (or $20,000 if the other party doesn’t agree)
  • Seek advice from the Commerce Commission or Consumer Protection
  • Consult an independent legal advisor about your options

9. Abuse and Fraud Prevention

9.1 The Buyer Guarantee is designed to protect honest Buyers. Abuse or fraudulent use of the guarantee is strictly prohibited and may result in:

  • Claim denial
  • Account suspension or termination
  • Recovery of improperly obtained refunds
  • Reporting to authorities where fraud is suspected
  • Legal action to recover losses

9.2 Examples of abuse include:

  • Making false or exaggerated claims
  • Returning different items than what was received
  • Damaging items intentionally to obtain refunds
  • Using items extensively then claiming they’re defective
  • Making repeated frivolous claims
  • Colluding with Sellers to defraud Kapsule

9.3 We monitor claims patterns and investigate suspicious activity. Verified abuse will result in permanent account termination and may be reported to law enforcement.

10. Changes to This Buyer Guarantee

10.1 We may update this Buyer Guarantee from time to time to reflect changes in laws, marketplace practices, or business requirements.

10.2 Changes will be posted on this page with an updated “last updated” date and version number.

10.3 The version of the Buyer Guarantee in effect at the time of your purchase governs that transaction, unless the updated version provides greater protection, in which case you may choose to rely on the updated version.

10.4 Material changes that reduce buyer protections will not apply retroactively to purchases made before the change.

Contact and Support

For questions about the Buyer Guarantee, to open a claim, or for assistance with an order issue, please contact:

Email: support@kapsule.co.nz

Claim Portal: Log in to your account and visit “My Orders” to open or track claims

Postal Address:
One&Only Group Limited (Kapsule)
Suite 13063, Level 1
6 Johnsonville Road
Johnsonville, Wellington, 6037
New Zealand

Our customer support team is available Monday to Friday, 9:00 AM to 5:00 PM NZST to assist with your Buyer Guarantee claims and questions.