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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2016-01-22
Finding that elusive perfect or at the very least, appropriate, gift for someone is not always easy, more so, if the recipient is a loved one and expects you to know their likes or what is on their current wish list. Sometimes even with the best intention and efforts we may still get it wrong. What happens then if the gift you've received is something you don't need or even, heaven forbid, something you intensely dislike? Can you return the gift and get a refund? Would the Consumer Protection Act [the "CPA"] come to your rescue in these instances?

The answer to these questions lies in how the gift was purchased i.e. under what circumstances the goods were purchased and whether or not it was suitable for it's intended use or defective. In all other instances you would need to approach the particular store, which sold the item and enquire from them as to what their refund or exchange policy was, as you would get no recourse through the CPA. The CPA would only kick in under the following specific situations: if the gifts were defective, or not suitable for the purpose for which they were purchased, or bought through direct marketing, or the goods were not seen before they were purchased.

If a consumer purchased an item through direct marketing, he has a 5-day cooling off period to change his mind. On the other hand, if the goods were not suitable for their intended purpose, and provided they were not altered or tampered with by the consumer, they can be returned within 10 days of purchase and the consumer will be entitled to a full refund. The supplier would in these instances be allowed to charge for packaging if it's not in the original packaging. According to the CPA, all goods sold have an in built implied warranty. This means that a supplier warrants that the goods sold are reasonably suitable for the purpose that they are intended to be used for, are of good quality, without defects and in good working order, and capable of use for a reasonable period of time.

Any other warranty offered by the supplier would be considered to be over and above the implied warranty, as set out in the CPA. Should the implied warranty fail, the consumer would then be able to return the goods up to 6 months after receiving them. Interestingly, a supplier is prohibited from entering into a contract with a consumer where they both agree to contract out of the implied warranty provision or decide that it will be revoked. The goods can then be refunded, replaced, or repaired, at the supplier's costs.

Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 legal assistance at competitive rates. The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney.