What you need to know about returns, refunds, and delivery during Black Friday 2022

While many South Africans are gearing up for Black Friday (November 25), it is critical that they understand their consumer rights before spending any money.

If a company or business, formal or informal, of any size, markets, distributes, manufactures, or sells goods and services in South Africa, it must follow the Consumer Protection Act 68 of 2008. (CPA).

The CPA applies to any agreement reached in the ordinary course of business between a consumer and a supplier. With Black Friday approaching, it is critical to remember that consumer rights are always applicable and valid.

However, to ensure that you are protected by this legislation, the Consumer Goods and Service Ombudsman (CGSO) advises online shoppers to only shop on well-known and reputable sites, use secure payment platforms, and keep records of the transaction.

In general, the CGSO emphasised three key points to remember during Black Friday.

1. Every consumer has the right to receive goods that are reasonably suitable for the purposes for which they are generally intended; are of good quality, and in good working order, free of defect; and will be usable and durable for a reasonable period of time.
2. If goods supplied do not meet the deemed quality warranties, consumers may return those goods to the supplier/manufacturer within six months after the date on which they were delivered to the consumer for a refund, replacement or repair.
3. If consumers change their minds about a purchase, returns in this manner will depend on the retailer’s terms and conditions, as they are not prescribed by the CPA.

The message here is that consumers are protected against defective items, but they cannot simply return purchases and expect a refund – so make sure what you buy is truly what you want or need.

The CGSO has outlined the regulations that shoppers should be aware of when purchasing something this Black Friday.

Online purchases

When purchasing goods online, keep in mind that most items have a seven-day cooling-off period.

Section 44 of the Electronic Communication and Transaction Act (ECTA) provides for a cooling-off period, according to the CGSO:

• 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 before a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which must be made within 30 days of the date of cancellation.

Purchases made in-store

Section 56 of the CPA provides a six-month implied quality warranty on all goods purchased in South Africa.

Customers have the right to a refund, replacement, or repair of their choice if goods purchased from a business are defective within six months of purchase – provided the goods have not been tampered with or damaged by the consumer.

According to the CGSO, this automatic warranty is in addition to the business’s or the manufacturer’s warranty.

Consumers should also ensure that they understand and remember the supplier’s return policy for change-of-mind returns. If a product is not defective, you can only return it under the terms and conditions of that specific return policy.

Examples of such conditions may include:

• 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.

Marketing with bait

Section 30 of the CPA requires suppliers to have the goods available at the advertised price and quantity when advertising Black Friday specials. If the supply is limited, this must be stated in the advertisement.

However, 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, there is a defense.

Deliveries

Consumers have the following delivery rights, as outlined by the CGSO:

• 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 the 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, in the event of substandard services performed or goods supplied.

Product responsibility

Section 61 of the CPA states that any product sold must meet all approved standards and be safe.

This is because manufacturers, importers, distributors, and retailers of any goods are liable for death or injury caused by the supply of unsafe goods, product failure, defect, or hazard in any goods, as well as harm caused by inadequate instruction or warnings provided to the consumer.

According to the CGSO, in cases of injury or death, the consumer has the right to seek compensation from the respective supplier.

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