CONSUMER RIGHTS IN TERMS OF THE CONSUMER PROTECTION ACT

If you, as the consumer, experience buyer’s remorse after a specific purchase, you can’t return it to the vendor simply because you regret it. Some retailers, for the sake of good customer service, usually allow the return or an exchange of sorts, but it’s not within your legal right to do so.

When may a consumer return goods under the Consumer Protection Act (CPA)?

Generally speaking, there are four instances when a consumer can return goods under the CPA.

1. The direct marketing “cooling-off” period
   In terms of section 16 of the CPA, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can:
   • return the goods,
   • cancel the entire contract without penalty, and
   • receive a full refund.
   The consumer will have to pay the costs to return the goods.
2. Goods which have not been seen before purchase (online purchases)
   In terms of section 20 (read with section 19) of the CPA, if a consumer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery.  If on this initial inspection they find that:
   • the goods do not meet the ‘type’ or ‘quality’ they could reasonably expect from the agreement; or
   • if the goods were made in terms of a special or ‘custom’ order, and the goods do not reasonably conform to the specifications of the order,
   then:
   • the consumer can refuse delivery,
   • receive a full refund, and
   • the consumer can cancel without penalty.
   The supplier will have to pay the costs to return the goods.
3. Goods do not meet a particular purpose
   In terms of section 55(3) (read with section 20) of the CPA, if a consumer informs a supplier that the goods are being bought to fulfil a particular purpose, and the supplier advises that the goods will meet this particular purpose then:
   • 10 days after receiving the goods,
   • the consumer can return the goods if it is not suitable for the particular purpose, and
   • the consumer can cancel without penalty.
   The supplier will have to pay the costs to return the goods.
   It is important to note that despite the above, the consumer is not entitled to return goods for any of the above reasons (1)-(3) if:
   • regulation prohibits the return of those goods to a supplier once they have been supplied to a consumer (for reasons of public health for e.g.), or
   • after having been supplied to a consumer, the goods have been partially or entirely disassembled, altered, added or combined with other goods or property.
4. Implied warranty of quality
   In terms of section 56 (read with section 55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked.  The warranty gives the consumer the right to receive goods that:
   • are reasonably suitable for the purpose that they are intended to be used for,
   • are of good quality, free of defects, and in good working order, and
   • will be durable and usable for a reasonable period of time.
   If goods are found not to comply with these requirements, then, for up to 6 months after receiving the goods, the consumer can:
   • return the goods, or
   • get the goods replaced, or
   • get the goods repaired.
   The consumer can do any of these things without penalty and at the suppliers’ cost.  A general “voetstoots” clause included in the terms and conditions of sale will be insufficient to protect the vendor / supplier.  Only in these instances, may goods be returned after the initial periods detailed above as allowed in terms of the CPA (or as allowed by the supplier, if longer periods are prescribed by the supplier).
However, a consumer will not be able to return the goods because it was defective or not suitable for the purpose if:
• the consumer was made aware of the specific defects, and
• the consumer agreed to receive the goods in that condition.

When purchasing products, especially through direct marketing or online, always ensure that you familiarise yourself with the supplier / retailer’s specific terms and conditions of sale and returns policies.  The minimum standard for the return of faulty, defective or broken products is set by the CPA and must be honoured by the supplier.

If you have any enquiries, please contact Adv Lorraine Oosthuysen at lorraine@fhbc.co.za

Source Reference:

The Consumer Protection Act (Act No. 68 of 2008)