Know Your Consumer (Buyer) Rights

Learn what steps you can take when goods are defective or a service does not meet your expectations.

You buy a kettle that stops working after a week. You pay someone to repair an appliance, but the problem remains. Or a shop refuses to refund you for a faulty item because its policy says “no refunds”. What are your rights?

South Africa’s Consumer Protection Act 68 of 2008 (CPA) provides important protections when you buy goods or receive services from a supplier. It generally applies to transactions with suppliers acting in the ordinary course of business, rather than every once-off sale between private individuals. The remedy available depends on what went wrong and the circumstances of the transaction.

What if the goods you bought are faulty?

Where the CPA applies, you generally have the right to goods that are safe, of good quality, in working order and reasonably suitable for their intended purpose. They should also remain usable for a reasonable period, considering the type of goods and how they would normally be used.

If goods fail to meet these standards within six months after delivery, section 56 of the CPA allows you to return them to the supplier without a penalty and at the supplier’s risk and expense. You can choose whether the supplier must repair the goods, replace them or refund the price you paid. A supplier cannot insist on a repair if you are entitled to choose a refund or replacement under this provision.

For example, if a new kettle stops working because of a qualifying defect two weeks after delivery, you can return it to the supplier and request the remedy you prefer.

The six-month protection does not cover every kind of damage. The cause of the problem and the circumstances of the sale matter. For example, the Act makes provision for goods sold in a particular condition where the consumer was expressly told about, and accepted, that condition

What if the goods are repaired but break again?

If the supplier repairs the goods and, within three months after the repair, the problem has not been fixed or another defect is discovered, section 56 requires the supplier to replace the goods or refund you.

A store’s return policy or a manufacturer’s warranty cannot take away rights the CPA gives you. An additional warranty may provide further protection.

What if you are unhappy with a service?

The CPA also protects consumers who pay for services, such as appliance repairs or home maintenance. Where section 54 applies, you are entitled to services performed within a reasonable time, with timely notice of unavoidable delays, and to a standard of quality that people are generally entitled to expect.

If the service falls below the required standard, you may require the supplier to correct the problem or refund a reasonable portion of the price, taking account of the extent of the failure. An unsatisfactory service does not automatically entitle you to a full refund.

For example, if you pay for an appliance repair and the work is not performed properly, explain the problem to the service provider and ask for an appropriate remedy.

Can you return something because you changed your mind?

Not always. If you buy an item in a shop, have an opportunity to examine it and there is nothing wrong with it, the CPA does not give you a general right to return it simply because you no longer want it. The shop may nevertheless allow returns or exchanges under its own policy.

Some transactions have specific cancellation or return rights. For example, where the CPA’s direct-marketing cooling-off provision applies, a consumer may cancel within five business days from the later of the date the transaction was concluded or the date the goods were delivered. Different rules may apply to certain electronic transactions. Do not assume every purchase has the same cooling-off period.

What should you do when something goes wrong?

1. Gather your records. Keep your proof of purchase, order confirmation, warranty, photographs of the problem and messages exchanged with the supplier.

   
   

2. Contact the supplier. Explain what you bought, when you received it and what went wrong. Say what remedy you are requesting.

   
   

3. Put your complaint in writing. If you first spoke to someone in person or by phone, follow up by email or another recorded method. Keep copies of your complaint and the supplier’s response.

   
   

4. Escalate the complaint if necessary. If you cannot resolve the matter with the supplier, check whether the Consumer Goods and Services Ombud (CGSO) can assist. It deals with qualifying consumer goods and services disputes free of charge. You can also consult the National Consumer Commission (NCC) for guidance on lodging a complaint. Some industries have their own complaint bodies, so the appropriate route depends on your transaction.

   
   

Remember: A “no refunds” sign does not remove rights that the CPA gives you, but it also does not mean you can return every purchase for any reason. Why you want to return the item matters.

Official resources and further reading

• Consumer Protection Act 68 of 2008: Read the Act, particularly sections 54–56 on services, quality of goods and the implied warranty.

• Consumer Goods and Services Ombud: Check whether the CGSO can help with an unresolved complaint.

• National Consumer Commission: Complaints: Find information about lodging a consumer complaint.

Disclaimer: This article provides general information about South African law and does not constitute legal advice. The information may not apply to your particular circumstances. If you need advice about your situation, consult a qualified legal practitioner or an appropriate legal advice service.