What are your rights when you receive defective or unsafe goods under the Consumer Protection Act

Introduction

The main aim of the Consumer Protection Act No. 68 of 2008, as amended, (the “CPA”) is to protect the rights of the consumers in South Africa. Although many consumers are aware of the existence of the CPA, not many are familiar with the actual rights relating to the return of defective or unsafe goods and what they can claim from a supplier.

Rights in terms of the CPA

In terms of Section 56(2) of the CPA, a consumer may return goods to a supplier, without penalty to the consumer and at the supplier’s own risk and expense, if the goods fail to satisfy the requirements and standards contemplated in Section 55.

Section 55 stipulates that goods have to be reasonably suitable for the purposes for which they are generally intended, of good quality, in good working order and free of any defects and should be useable 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).

Should a consumer receive any goods that fail to adhere to the requirements set out in Section 55, it can be returned to the supplier within six months after the delivery of the goods. The consumer may then request that the supplier either repair or replace the failed, unsafe or defective goods or refund to the consumer the full price paid for the goods.

However, a consumer will not be able to return a second-hand item because it was defective or not suitable for the purpose if the consumer:

• agreed to receive it in that condition, or
• was made aware of the specific defect/s.

A consumer needs to remember that a supplier cannot force him/her to choose to have the goods repaired, if he/she prefers a refund or a replacement.  A consumer can also insist on a cash refund instead of store credit or vouchers or on a replacement with something similar at no additional cost to him/her.

The supplier may also not force a consumer to purchase a more expensive model, version or brand and must, as mentioned, cover all the costs of repairing, collecting or replacing the defective goods.

What about specific return policies?

Consumers often come across specific return policies, i.e. 7 days or 14 days.  However, in terms of the CPA, these policies have no basis and are not enforceable when it comes to defective or unsafe goods.

Section 56 contains what is known as an ‘implied warranty of quality’, which essentially provides that the supplier must, irrespective of the supplier’s policy, repair, replace or refund the full price paid for the returned goods if they are not in line with Section 55.

What if the supplier refuses to co-operate?

A consumer may only approach a court and take legal action if all the avenues of recourse listed in Section 69 of the CPA have been exhausted