Section 55 and 56 of the Consumer Protection Act states that a consumer has the right to receive goods which are of good quality and are reasonably suited for the purpose for which they are intended.
Your rights as consumer
You have the legal right to return damaged or poor quality goods to the retailer within six months of the date of purchase. The retailer or supplier may examine the product and if it is found to be defective, you have the right to a full refund of the purchase price, to have the item replaced or to have the item repaired at the supplier’s expense. If you choose to have the item repaired and the product fails again within three months, the supplier is obliged to replace the item or refund what you paid for it.
Retailers break the law if they insist on having the item repaired instead of offering you the choice of a refund or replacement and if they insist on providing you with a credit voucher instead of your requested cash refund.
If a supplier refuses to replace or repair your damaged or poor quality goods or to refund the purchase price to you, the National Consumer Tribunal can order the supplier to pay a fine of either 10% of the supplier’s annual turnover or R1000000.00.
Suppliers rights
If you’ve damaged the item either because of negligence or by accident, the supplier is under no obligation to assist you. Because the supplier must prove that you caused the damage to the item, the supplier has the right to examine the goods. This may take two or three weeks if, for example, the item has to be sent to the factory to determine the cause of the damage.
Retailers have the right to ask you for proof of your purchase before attending to your complaint. It is therefore advisable to keep your receipts and invoices for at least six months after purchasing items. The supplier is fully justified in turning you away if you are unable to prove that you bought the item from the store in the first place.
Sources
Consumer Protection Act. Your guide to consumer rights and how to protect them. Department: Trade and Industry, Republic of South Africa
www.blacksash.org.za
www.issafrica.org
www.legaladviceoffice.co.za
www.saconsumercomplaints.co.za