Returns and Refunds Policy
Returns Under the Consumer Protection Act in South Africa
The implementation of the Consumer Protection Act (CPA) brought with it a misconception among consumers that the CPA creates an automatic right for the consumer to return goods. Retailers, manufacturers and wholesalers have to deal with these incorrect assumptions. Generally speaking the CPA creates only certain instances when one can return goods.
These rights are summarised as follows:
(i) Cooling-off period
In terms of the CPA, where a consumer has purchased bought goods as a result of direct marketing, then for a period of five 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, however, have to pay the costs to return the goods.
(ii) Goods not seen before purchase
If a consumer has not had the opportunity to examine or inspect the goods received before delivery, then upon delivery of these goods, the consumer has the right to inspect them. If on this initial inspection the consumer finds that:
• The goods do not meet the “type” or “quality” one could reasonably expect; 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 to take delivery;
• Receive a full refund; and
• Cancel without penalty.
The supplier is liable for the cost of returning the goods.
(iii) Goods do not meet a purpose
Where a consumer has informed a supplier that the goods are being bought for a particular purpose, and the supplier advises the consumer that the goods will meet this particular purpose then, if the goods are not suitable for that purpose, the consumer may return the goods and cancel the agreement without penalty within ten days after receiving the goods.
The supplier is liable for the costs of returning the goods.
(iv) Implied warranty of quality
The CPA declares in favour of the consumer that 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;
• Will be durable and usable for a reasonable period;
• Comply with any applicable standards set under the Standards Act or any other public regulation.
If goods are found not to comply with these prescribed warranties then, up to six months after delivery of the goods, the consumer can:
• Return the goods; and
• Obtain a refund; or
• Get the goods replaced; or
• Get the goods repaired.
A consumer can choose to do any of these things without penalty and at the supplier’s cost.
A consumer cannot return the product for just any defect; it needs to be a material imperfection in the manufacture of the product.
A consumer will not, however, be able to return goods on the basis that they are defective or not suitable for the purpose intended if:
• The consumer was made aware of the specific defects; and
• The consumer agreed to receive the goods in that condition.
Notwithstanding the aforesaid rights to return, the consumer will not be entitled to return goods where:
• Reasons of public health or public regulation prohibits the return of those goods to a supplier once they have been supplied to a consumer; 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.
The ECT Act
If you sell (or buy goods) online, the Electronic Communications and Transactions Act (ECT Act) will apply and it has its own consumer protection provisions. If the ECT Act applies to a transaction, a consumer has a general right to return (a “cooling off period”), for seven days after delivery, for any reason, without penalty, but the consumer will be liable for the costs of returning the goods.