What South Africa’s laws say about returns, late deliveries, and other issues on Black Friday
The Consumer Goods and Services Ombudsman (CGSO) has released a new guide on the right and responsibilities of consumers over Black Friday 2019.
Magauta Mphahlele, Consumer Goods & Services Ombudsman, said that most complaints received about Black Friday relate to late deliveries, bait marketing, limited stock, pricing mismatches and quality of goods.
Based on these complaints the CGSO would like to give advice on things consumers and suppliers should take note of during Black Friday, she said.
Store returns
All goods carry a six months Consumer Protection Act (CPA) implied warranty, said Mphahlele.
This means that if goods show a defect within six months of purchasing can return them and elect to have the goods replaced, refunded or repaired, the choice is that of the consumer but the defect has to be a material defect and the goods should not have been tampered with or damaged by the consumer.
It is therefore important to follow manufacturer instructions in handling and installing the goods, she said.
“In addition whilst shopping for Black Friday, ensure that you know and understand the supplier’s return policy because unless the goods are defective as mentioned above, you can only return if the store has a return policy regarding change of mind returns.
“You will therefore only be allowed to return the goods if they do have a return policy and only within the terms and condition of that specific return policy,” said Mphahlele.
She said that a supplier can decide on their own terms and conditions to include in their return policies for when you just don’t like an item or regret buying it, as long as it is not in contravention with the Consumer Protection Act, for instance, if goods are not defective a supplier can include provisions that stipulate the rules of return.
These provisions may limit returns for example:
- Must be in its original packaging and unused;
- Must return the goods with a till slip;
- Must return the goods within a specified time period.
Online transactions
When purchasing goods online it is important to note that most goods have a cooling-off period of seven days, said Mphahlele.
The cooling-off period is provided for in terms of section 44 of the Electronic Communication & Transaction Act (ECTA):
- A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply:
- of goods within seven days after the date of the receipt of the goods;
- of services within seven days after the date of the conclusion of the agreement.
- The only charge that may be levied on the consumer is the direct cost of returning the goods.
- If payment for the goods or services has been affected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
“Although you might be able to return some of your online purchases it is still advisable to take extreme care when purchasing online,” said Mphahlele.
“The office of the CGSO has seen an increase in complaints relating to online transactions where consumers were duped into paying for goods and services but never received delivery.”
Bait marketing
Mphahlele said that a supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.
“If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits,” she said.
However, she said that it is a defence if the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price.
Deliveries
With regards to deliveries, Mphahlele said consumers have the following rights:
- Timely performance and completion of services;
- Timely notice of any unavoidable delays in the performance of the services;
- High-quality services, which consumers are entitled to expect;
- Use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services.
“Suppliers are required to remedy any defects in the quality of services performed or goods supplied; or refund the consumers a reasonable portion of the price paid for the services performed and goods supplied, in the event of these being sub-standard,” she said.
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