If you buy something from a shop and later change your mind, do you have a legal right to return it for a refund?In the past week, I asked that question to four separate groups of people, and each time I got an emphatic chorus of “Yes!” in response.
It’s the wrong answer. Few people have accurate knowledge of their returns rights.
I blame the retailers for failing to put notices up in their stores spelling out the crucial difference between the return of a defective product and a “buyer’s remorse” return of a product which is not faulty.
A notice which states: “No cash refunds” is only half right.
If a product is not defective, the retailer is not legally required to take it back, much less give a refund, but if the product proves to be faulty or not fit for purpose within six months of purchase, the consumer can return it and insist on a refund or a replacement – they don’t have to accept a repair, thanks to the Consumer Protection Act (CPA).
Why so few stores bother to put up notices, explaining the CPA rule on defective product returns and their voluntary policy on change-of-heart returns, is both mystifying and frustrating.
Often, it seems retailers and their employees are a bit hazy on how the CPA works themselves.
When Barry Stein bought a pair of shoes at the Waterfront branch of Cross Trainer, he was told by staff that while they don’t do refunds, they would be happy to exchange the shoes if he wasn’t happy with them.
Again, that’s only half the story – if the shoes become defective in some way, such as the sole pulling away from the upper – within six months, Stein would be entitled to a refund.
Stein called the company’s head office. “I was told that if I am advised at the till point that there is no refund, it supersedes any CPA law,” he says.
Well, no company’s policy may legally trump the CPA.
The truth is the CPA does not have anything to say about the return of non-defective goods. In other words, consumers only have a legal right to return defective goods.
If only both retailers and consumers grasped that essential difference, the confusion would disappear.
“I was under the impression that if goods are returned in the same condition in the original packaging with the till slip, a refund was obligatory,” Stein said, and it’s a misperception shared by most.
A few days ago “Thabang” from Bloemfontein paid cash for two pairs of Vans from Tekkie Town.
His buyer’s remorse kicked in within seconds. “I realised I couldn’t afford them,” he said. “So I immediately went back to the store to return them, but the saleswoman told me that they will not refund me.
“I am confused and terribly saddened. Is there any chance I can convince them?”
I had to give him the bad news that while they might choose to issue him with a credit note, legally even that would be a favour rather than a legal obligation, because the shoes are not defective.
Then there are retailers who do the CPA their way – or pretend it doesn’t apply to them.
A Cape Town couple paid R22,000 for a wooden diningroom suite, and when it was delivered, they were unhappy with the quality of the workmanship and asked for a refund.
They were told that wasn’t possible because the suite’s price had been discounted and because it had been custom-made.
Neither of those factors rob consumers of their CPA right to return a defective product.
The company has since agreed to refund the couple on condition that it was not publicly disclosed.
A shocking number of retailers tell their customers they only have a right to be refunded for a defective product if they return it within seven days of purchase.
Again, total nonsense – the right to a refund on a defective product is valid for six months!
Cellphone outlets are notorious for that, insisting on repairing a faulty cellphone when the owner is legally entitled to a replacement phone – or a refund if the phone was bought outright rather than via a contract.
Here is my suggested wording for signs in retail stores.
NO REFUNDS ON NON- DEFECTIVE GOODS
The Consumer Protection Act only gives consumers the right to return defective goods, within six months of purchase, on presentation of a proof of purchase.
A more detailed policy should also be displayed in store – standing upright on a counter, for example.
CONTACT WENDY:
Email: consumer@knowler.co.za
Twitter: @wendyknowler
Facebook: wendyknowlerconsumer..