The five instances where a consumer may return goods to the supplier are. The consumer can do any of these things without penalty and at the suppliers cost. Does the consumer protection act cpa require the retailer to refund unopened. The act is aimed at promoting fairness, openness and good business practice between the suppliers of goods or services and consumers of such goods and services. Despite the fact that the consumer protection act no 68 of 2008 cpa came into force on the 1 st april 2011. I have been asked the following questions on numerous occasions. To comply with the principles of the act in all our dealings with our customers, whether it be marketing, the sale of goods and after sales service. What are your rights when you receive defective or unsafe goods. In the past, people have not always been protected against the suppliers of goods or services. The consumer can decide if he wants the supplier to repair, replace or refund the product. The eight basic consumer rights philippine daily inquirer 04.
Consumer rights to return goods under the consumer protection act. The south african consumer protection act, no 68 of 2008 was signed on 24 april 2009 and the purpose of the act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation. It is important to understand the difference between wear and tear and defects. The consumers right to a refund legal tips and updates. However, if a charity gives you items for your benefit, eg food from a food bank, then you are not covered by the cga guarantees. The purpose of the consumer protection act cpa,1 in so many words, is to promote and advance the social and economic welfare of consumers in south africa sa. A consumer means a person to whom those particular goods or services are marketed in the ordinary course of the. Tis now the season of maxed out credit cards, monstrous medical aid tariff increases, schoolrelated expenses, and rampant consumer uncertainty about the safety of. Consumer protection act, no 68 of 2008 legal legal and. The eight basic consumer rights inquirer lifestyle. If the goods were bought as a result of direct marketing, the consumer protection act gives consumers five business days to cancel an agreement made through an unsolicited phone call, in writing. In terms of the consumer protection act 68 of 2008 cpa, does a supplier have the right to first repair goods supplied by it before having to replace or refund the purchase price for the goods, in circumstances in which the goods are defective. Return of goods under the consumer protection act in south.
The consumer protection act your guide to consumer rights. The introduction of the consumer protection act cpa 68 of 2008 has brought significant changes to business practice in south africa. The ect act has its own consumer protection provisions, some of which will trump the cpa. The consumer may return goods to the supplier if it does not comply with the requirements of this section. There are a number of sections in the cpa that allow goods to be returned by a customer, but it is important to note that there is no general right of. Where goods do not meet these standards, the consumer may return the goods to the store, without any penalty, within six months of delivery of the goods, and the store must repair or replace the defective goods, or refund the consumer for the full price paid for the goods. A repentance right takes seats off the market during the refund period, blocking it from sale to other customers and risking that the seat may not be sold again. Section 56 imposes an implied warranty that all goods sold comply with the requirements listed in section 55, and the supplier must, at the direction of the consumer, either. There are a number of sections in the cpa that allow goods to be returned by a customer, but. Neville melville said the consumer protection act cpa has ushered in a new era of consumercentricity and imposes a builtin or automatic warranty guarantee on all goods sold. It is important to note the general qualification namely that a. About motor vehicles consumer complaints south africa. The cpa requires the seller to stand good for the reasonable durability of the vehicle for a period of 6 months. Anyone in business who deals in secondhand products.
Where a supplier is required to refund the purchase price to the consumer. There are a couple of cases where a consumer is allowed to return goods with a full refund. Introducing the right of repentence in consumer protection laws can actually do more harm than good for the passenger, it can lead to the following. Private sales and secondhand goods consumer protection.
Returns policy and the consumer protection act schoemanlaw. These rules do not apply if the consumer was specifically 1 act 68 of 2008 2 section 202b and d. The consumer protection act provides that, where goods are found to be defective in quality within six months of their purchase, the customer may insist upon a refund, or may allow the seller the chance to repair or replace the goods. Consumer protection act south africa national debt. The act sets out the minimum requirements to ensure adequate consumer protection in south africa.
The consumer must return the goods within 6 months of being delivered. South africas new consumer protection act aims to provide the consumer with certain rights and protection. When can a consumer return goods under the consumer protection act cpa in south africa. The consumer protection act the cpa contains provisions that have a direct impact on these policies. Republic of south africa consumer protection act iriphabhuliki yaseningizimu afrika umthetho wokuvikelwa kwabathengi no 68, 2008. You have protection both in terms of the common law and the consumer protection act no 68 of 2008 when you buy damaged or defective goods.
When can you return damaged or defective goods or items. Section 55b of the consumer protection act states that every consumer has got the right to goods or products which are of good quality, in good working order and free from defects, and the consumer protection act section 411ac states that in relation to marketing of any goods or services, the supplier must not, by words or conduct, directly or indirectly express or imply a false. Consumers rights regarding defective goods section 56 consumer protection act cpa implied warranty of quality the cpa imposes a builtin or automatic warranty commonly known as a guaranty that all goods sold comply with the requirements listed in section 55, namely. Govt enacts consumer protection act, as rentseeking. This means that the consumer can return the goods bought or cancel hisher. A supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable.
Suppliers misled consumers about the quality of their goods or services, or offered goods or services on unreasonable terms and conditions, leaving the consumer with no remedy in the event of a problem occurring with these goods or services. South africas consumer protection act has customers back when it comes to taking. Consumer protection law has, until recently, enjoyed the least attention and this complex field was largely unregulated. Unfortunately, we cant help you if you are a consumer in need of protection. The consumer protection act gives all goods sold a sixmonth implied warranty of quality, meaning you can return it for your choice of refund, repair or replacement in that time. There are also remedies for consumers who purchased goods that do not comply with those warranties. There are a number of sections in the cpa that allow goods to be returned by a. The cpa introduced standard warranties for goods supplied to consumers. Under the consumer guarantees act cga, you have more legal rights if you buy from a secondhand dealer or a charity shop than if you buy from a private seller. Youve bought a dud used car heres what the consumer. It will suffice for our purposes here to simply quote from part of the full definition.
The consumer protection act, 2008, no 68 of 2008 was signed into law on 24 april 2009. Advisory note 1 consumers rights regarding defective goods. Customer rights and policies in south africa law for all online. Returns policy and the consumer protection act introduction a supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable. Section 1 is the definition section of the consumer protection act no 68 of 2008. In terms of section 562 of the cpa, a consumer may return goods to a supplier. Consumers rights with respect to delivery of goods or supply of service 20. Specific protection is given to certain classes of people such as the illiterate, minors, seniors, people living in remote areas and those of low income. The consumer protection act and buying defective products. Van schaik bookstore acknowledges and supports the act. Return of goods under the consumer protection act in south africa. The impact of the consumer protection act on pharmacists. Advisory note 1 section 56 consumer protection act cpa. Government finally enacted the consumer protection act chapter 14.
In recent years, the south african government passed the consumer protection act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against. The national consumer protection act western cape government. The consumer protection act aims to promote consumer activism, by making provision for the accreditation of consumer groups tasked with lodging complaints on behalf of consumers, as well as making available support for activities, such as consumer advice, education, publications, research and alternative dispute resolution through mediation or. The cpa doesnt cover the return of nondefective goods, at all. This article discusses the definition and the rights of the consumer when returning goods to the supplier as imposed by sections 55 and 56 of the cpa. When constructing these terms and conditions, it is important to keep the provisions of the consumer protection act the cpa in mind, as they apply irrespective of the store refund policy. Consumers are allowed to return defective goods or ask for a refund in terms of the consumer protection act, says the writer. A consumer has a right to return goods ordered from a supplier except special order goods for instance custom made items instructed by the consumer and goods bought on auctions. Standard bank of south africa ltd v dlamini 28772011. Consumer protection act 68 of 2008 south african government. In this article, we look at when a consumer can return goods and explain how we can help suppliers of goods or services for example retailers and online shops.
This act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection usually within a particular. The consumer protection act, or cpa as it is commonly known, provides some peace of mind for car buyers but consumers also need to be aware that their rights are not always unlimited. Should goods be found to not comply with these requirements then up to 6 months after receiving the goods the consumer can return the goods, or have the goods replaced, or have the goods repaired. The south african national consumer protection act cpa came into effect on 1 april 2011. Section 56 consumer protection act cpa implied warranty of quality. The right to return goods applicable sections of the consumer protection act, 68 of 2008. The act only applies to contracts signed after 1 april, and wont affect anything signed before then.
Cpa the right to return goods the consumer protection act. When constructing these terms and conditions, it is important to keep the provisions of the consumer protection act1 the cpa in mind, as they apply irrespective of the. The south african law of sale is an area of the legal system in that country that describes rules applicable to a contract of sale or, to be more specific, purchase and sale, or emptio venditio, generally described as a contract whereby one person agrees to deliver to another the free possession of a thing in return for a price in money. It is really quite disturbing to realise how many suppliers, big and small, continue to ignore the basics of consumer law and consumer protection as also the tenants of the common law of contract. Tyres, exhausts, brakes, clutch, etc, would be wear and tear, whereas a gear suddenly jumping out would be a.
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