If a retailer takes back something you’ve bought because you discovered when you tried it on at home that it doesn’t fit, or you had buyer’s remorse, they’re doing you a favour, or as corporates prefer to term it, “it’s a goodwill gesture” on their part.
That’s because for the most part, companies are not legally compelled to take back goods – at all – which are not defective.
The Consumer Protection Act’s (CPA) six-month warranty – in terms of which you can return a product for your choice of a refund, replacement or repair – applies mainly to defective goods. But there are some exceptions to the “no recourse unless it’s defective” rule.
After a hard sell
If you made the purchase or agreed to a contract – such as an insurance policy or a cellphone contract – as a result of a direct marketing approach, you have the benefit of an escape in the form of a five-business day cooling-off period.
In that time you can cancel the deal – in writing – and get a refund of anything you’ve paid.
Direct marketing, essentially, is when you didn’t initiate the transaction, the company did – by waving you over to try out a product at a kiosk in a shopping centre, calling you with a telesales pitch, or inviting you to attend a presentation, for example. The product or service does not need to be defective in any way and you don’t have to give a reason – you simply get to change your mind. But don’t expect to hear about this get-out-of-deal-free thing from a commission-earning sales agent.
Buying with a click
The Electronic Communications and Transactions Act (ECTA) entitles you to cancel – without reason or penalty – a transaction you entered into online within seven days, but you have to pay the cost of returning the goods to the company.
Delivery gone wrong
If a company agrees to deliver a product you’ve bought from them at a specific time, and gets either the address or the time wrong, you have the right to cancel the deal for a full refund.
And if you order a product from a catalogue or a showroom or exhibition floor and the item which gets delivered to you some weeks later differs from what you saw, you also have the right to cancel the deal for a refund. (It’s a very good idea to take a photo of the showroom item as proof.)
The wrong fit
There’s a very big difference between something being a bad fit for you and not fit for purpose.
You can’t take back a pair of jeans or shoes because you decide, when you get home, that they are too tight for you.
But if a product claims to be able to perform a function and it doesn’t, you have the right to return it for a refund.
Section 55 of the CPA states “the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated” and consistent with the way in which they are marketed, packaged and displayed.
Here’s an example:
Sheila Deiner of Gonubie bought Homemark’s FatFreezer product from the company’s Hemingways Mall in November.
The salesman didn’t caution her that the elasticised belt may not fit around her middle, nor did the packaging indicate any measurement limitations.
And it was not the sort of product that a consumer would be able to “try on” in store.
Deiner never got to find out if the product’s claim – that the cold would break down fat cells, resulting in a “more toned and sleek appearance” – was true.
This was because its elasticated belt wouldn’t fit around her 105cm waist.
So she returned the product to the store – within the Consumer Protection Act’s six-month warranty period – but she was told she had no recourse.
“The salesman had the cheek to tell me that people bigger than me had bought the product and it worked for them,” she said.
“I find that totally impossible because if I couldn’t fit the belt around my waist, I don’t see people bigger than me getting it around their leg!”
I took up the case with Homemark and after first insisting that Deiner was only entitled to an exchange, and a refund was “stretching it”, the company eventually agreed to refund her the R1000 she spent on the FatFreezer – and to amend the packaging to include the maximum measurements the product caters for.
So there you have it.
This would be a useful column to cut-out-and-keep (cut-and-paste for digital readers) for future reference.
CONTACT WENDY:
E-mail: consumer@knowler.co.za
Twitter: @wendyknowler
If it ain’t broke you may still have rights
That’s because for the most part, companies are not legally compelled to take back goods – at all – which are not defective.
The Consumer Protection Act’s (CPA) six-month warranty – in terms of which you can return a product for your choice of a refund, replacement or repair – applies mainly to defective goods. But there are some exceptions to the “no recourse unless it’s defective” rule.
After a hard sell
If you made the purchase or agreed to a contract – such as an insurance policy or a cellphone contract – as a result of a direct marketing approach, you have the benefit of an escape in the form of a five-business day cooling-off period.
In that time you can cancel the deal – in writing – and get a refund of anything you’ve paid.
Direct marketing, essentially, is when you didn’t initiate the transaction, the company did – by waving you over to try out a product at a kiosk in a shopping centre, calling you with a telesales pitch, or inviting you to attend a presentation, for example. The product or service does not need to be defective in any way and you don’t have to give a reason – you simply get to change your mind. But don’t expect to hear about this get-out-of-deal-free thing from a commission-earning sales agent.
Buying with a click
The Electronic Communications and Transactions Act (ECTA) entitles you to cancel – without reason or penalty – a transaction you entered into online within seven days, but you have to pay the cost of returning the goods to the company.
Delivery gone wrong
If a company agrees to deliver a product you’ve bought from them at a specific time, and gets either the address or the time wrong, you have the right to cancel the deal for a full refund.
And if you order a product from a catalogue or a showroom or exhibition floor and the item which gets delivered to you some weeks later differs from what you saw, you also have the right to cancel the deal for a refund. (It’s a very good idea to take a photo of the showroom item as proof.)
The wrong fit
There’s a very big difference between something being a bad fit for you and not fit for purpose.
You can’t take back a pair of jeans or shoes because you decide, when you get home, that they are too tight for you.
But if a product claims to be able to perform a function and it doesn’t, you have the right to return it for a refund.
Section 55 of the CPA states “the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated” and consistent with the way in which they are marketed, packaged and displayed.
Here’s an example:
Sheila Deiner of Gonubie bought Homemark’s FatFreezer product from the company’s Hemingways Mall in November.
The salesman didn’t caution her that the elasticised belt may not fit around her middle, nor did the packaging indicate any measurement limitations.
And it was not the sort of product that a consumer would be able to “try on” in store.
Deiner never got to find out if the product’s claim – that the cold would break down fat cells, resulting in a “more toned and sleek appearance” – was true.
This was because its elasticated belt wouldn’t fit around her 105cm waist.
So she returned the product to the store – within the Consumer Protection Act’s six-month warranty period – but she was told she had no recourse.
“The salesman had the cheek to tell me that people bigger than me had bought the product and it worked for them,” she said.
“I find that totally impossible because if I couldn’t fit the belt around my waist, I don’t see people bigger than me getting it around their leg!”
I took up the case with Homemark and after first insisting that Deiner was only entitled to an exchange, and a refund was “stretching it”, the company eventually agreed to refund her the R1000 she spent on the FatFreezer – and to amend the packaging to include the maximum measurements the product caters for.
So there you have it.
This would be a useful column to cut-out-and-keep (cut-and-paste for digital readers) for future reference.
CONTACT WENDY:
E-mail: consumer@knowler.co.za
Twitter: @wendyknowler
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