The right to return Goods in terms of the Consumer Protection Act No. 69 of 2008

 In terms of the Consumer Protection Act No. 68 of 2008 (“Act“) a Consumer may request/ be entitled to:

  • a refund;
  • return purchased goods;
  • be entitled to have goods repaired; and/or
  • have the goods replaced.

CONSUMER’S RIGHT TO RETURN GOODS (GENERAL)

Instances when a Consumer may return goods as a result of Direct Marketing:

The Consumer may return goods to the Company (the shop where he purchased the goods), and receive a full refund of any consideration paid for those goods, if the Company has delivered goods to the Consumer in terms of an agreement arising out of Direct Marketing, and the Consumer has rescinded (cancelled) that agreement by giving notice to the Company within 5 business days of the goods being delivered to the Consumer.

Goods must be returned within 10 business days at the Consumer’s risk and expense.

The Company must return any payment received from the Consumer within 15 business days after receiving such notice or receiving the returned goods.

Goods purchased by means of a sample and/or description where the Consumer did not have an opportunity to examine them before delivery:

The Consumer may return goods to the Company and receive a full refund of any consideration paid for those goods in the event that the Consumer did not have an opportunity to examine the goods before delivery, and the Consumer has as a result rejected delivery of those goods due to the goods:

  • not being of a type and quality reasonably contemplated in the agreement and not conforming to the sample or description or the sample and description (in the instance that both were provided) provided to the Consumer; and
  • if it was a special order, the goods do not reasonably conform to the  material specifications.

Goods must be returned to the Company at the Company’s risk and expense within 10 business days after delivery to the Consumer.

The return of goods of a different description not contemplated in the agreement:

The Consumer may return goods to the Company and receive a full refund of any consideration paid for those goods in the event that the goods are a mixture of goods, and the Consumer has refused delivery of any of those goods due to the Company having supplied mixed goods of a different description not contemplated in the agreement. 

Goods must be returned to the Company at the Company’s risk and expense within 10 business days after delivery to the Consumer.

Goods intended to satisfy a particular purpose:

The Consumer may return goods to the Company and receive a full refund of any consideration paid for those goods in the event that it was communicated to the Company that the goods must satisfy a particular purpose and the Company:

  • ordinarily offers to supply such goods; or
  • acts in a manner consistent with being knowledgeable about the use of such goods, and
  • the goods have been found to be unsuitable for that particular purpose and the Consumer has informed the Company of the unsuitability of such goods within 10 business days after delivery of the goods to the Consumer.

Goods must be returned to the Company at the Company’s risk and expense within 10 business days after delivery to the Consumer.

When may the Consumer not return the goods?

The Consumer may not return the goods if:

  • for reasons of public health or otherwise, a public regulation prohibits the return of those goods to the Company once they have been supplied to, or at the direction of a Consumer; or
  • after having been supplied to, or at the direction of, the Consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

What refund is the Consumer entitled to?

In the original unopened packaging, the Company may not charge the Consumer any amount in respect of the goods. In their original condition and repackaged in their original packaging, the Company may charge the Consumer a reasonable amount for:

  • use of the goods during the time they were in the Consumer’s possession, unless they are goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or
  • any consumption or depletion of the goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the goods were acceptable to the Consumer; or
  • in any other case, the Company may charge the Consumer  a reasonable amount for necessary restoration costs to render the goods fit for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the Consumer to destroy the packaging in order to determine whether the goods:
    • conformed to the description or sample provided, in the case of goods that had not been examined by the Consumer before delivery; and
    • were fit for the intended purpose.

CONSUMER’S RIGHT TO RETURN GOODS (BREACH OF IMPLIED WARRANTY OF QUALITY)

Implied Warranty of quality:

It is an implied warranty of every transaction with a Consumer that the goods:

  • are reasonably suitable for the purposes for which they are generally intended;
  • are of good quality, in good working order and free of any Defects;
  • will be usable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
  • comply with any applicable standards set under the Standards Act No. 29 of 1993, or any other public regulation.

It shall be a further implied warranty that in the event that it was communicated to the Company that the goods must satisfy a particular purpose and the Company:

  • ordinarily offers to supply such goods; or
  • acts in a manner consistent with being knowledgeable about the use of such goods,
  • that the goods are reasonably suitable for the specific purpose that the Consumer has indicated.

The Consumer’s right to return the goods:

Within 6 months after the delivery of any goods to a Consumer, the Consumer may return the goods to the Company, without penalty and at the Company’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated above and the Company must, at the direction of the Consumer, either:

  • repair or replace the Failed, Unsafe or Defective goods; or
  • refund to the Consumer  the price paid by the Consumer, for the goods.

If the Company repairs any particular goods or any component of any such goods, and within 3 months after that repair, the Failure, Defect or Unsafe feature has not been remedied, or a further Failure, Defect or Unsafe feature is discovered, the Company must:

  • replace the goods; or
  • refund to the Consumer  the price paid by the Consumer  for the goods.

Please take note of instances whereby the Company is not obliged to refund, replace or repair the goods.

Instances when the implied warranty is not applicable:

The Consumer’s right to return goods in as a result of breach of implied warranties as set out above does not apply to the extent that the Consumer:

  • has been expressly informed that the particular goods were offered in a specific condition; and
  • has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.

14 April 2011