Your rights on refunds

But what are your rights when you find that the tablet, earrings or toy you bought doesn’t even last six months? Consumer Goods and Services Ombudsman, advocate Neville Melville, said the Consumer Protection Act has ushered in a new era of consumer-centricity and imposes a built-in or automatic warranty (commonly known as a guarantee) on all goods sold. “Under the Act, goods must be reasonably suitable for the purposes for which they are intended, and must be of good quality, in good working order and free of any defects,” he explained. “They must also be useable and durable for a reasonable period of time.” Melville said the Consumer Protection Act brings about a drastic change to South African law because it includes the requirement that goods must be useable and durable for a reasonable period of time, embodying a new right not recognised under the common law. “For the first time in South African law, the consumer has a right to continued good quality,” said Melville. “In the case of something like a television, fridge or a car, this might mean it should last for a number of years.” If the goods you’ve bought fail to comply with any of these requirements within six months of being delivered, you are entitled to return them, and ask for one of the three R’s – to have the item Repaired, Replaced or to get a full Refund of the price paid. “It’s important to note that a supplier cannot force a consumer to choose to have the goods repaired, if the consumer prefers a refund or replacement,” says Melville. “The consumer can insist on a cash refund instead of a store credit or vouchers or on a replacement with something similar at no additional cost.” The supplier may also not force the consumer to purchase a more expensive model or brand and must cover the costs of repairing, collecting or replacing the defective goods. The rules regarding refunds apply irrespective of the store’s refund policy or the terms of the manufacturer’s guarantee.

Details: www.cgso.org.za