This section is quite important to all areas of the retail sector. I have tried to summarize it in layman terms but cannot guarantee the accuracy of my deductions.  So don’t go to court with these summaries.  We all had to return goods bought for some reason and somehow we feel a little guilty doing so.  I don’t mind taking something back and replacing it with something else, for instance, when buying a pullover for my son, when tried on you find it is too small, so you replace it with a larger size. That’s ok. But it is not ok for wear it for 10 days and then demand an exchange or full refund of the item.  That is where the new act protects the supplier and consumer.

Section 20: A consumer’s right to return goods.  A consumer has a right to return goods ordered from a supplier except special order goods for instance custom made items instructed by the consumer and goods bought on auctions.  There are a couple of cases where a consumer is allowed to return goods with a full refund:

• When items have been bought via direct marketing (by mail or any other electronic communication) and you notify the supplier within 5 days of either the transaction or receiving the item that you don’t want it, you are entitled to a full refund.
• If the consumer did not have the opportunity to examine the goods before delivery, the supplier must allow the consumer a reasonable time to examine to determine if the goods are of the type and quality reasonably contemplated in the agreement.
• In the case of special order items (that is custom made or handmade items), the consumer is allowed a reasonable time to ascertain that the custom made item meets the standards set out in the agreement.
• Here is the interesting part.  If a consumer ordered a mixture of goods and the supplier has only some in stock and has to replace some of the items with other items of similar nature, the consumer has a right to reject the replacements or reject the whole order, within 5 working days of delivery to him.
• If a consumer orders goods for a specific purpose, the consumer may return the items within 10 days if the consumer finds the goods are not suitable. So the items cannot be returned, even if they are not suitable, after 10 days of either the transaction or after the consumer accepted delivery.

The return of goods does not apply in two major cases:

• For reasons of public health (such as medicines)  etc. and
• After the goods have been supplied to the consumer the goods have been physically altered, partially or entirely disassembled, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.  For instance, if the consumer has purchased mosaics or tiles and had them installed and after installation a defect has been noticed, the consumer cannot as for refund or return the goods. The same applies to mosaics and custom paint blends.

When returning goods who is responsible for paying the return fee’s and who will be taking the risk.  There are two cases:

• During direct marketing the goods must be returned to the supplier at the consumer’s risk and expense
• Goods that the consumer did not have an opportunity to examine before delivery, and the consumer has rejected delivery of those goods because they do not meet the quality standards as set out in an agreement or special order goods that do not meet material specifications as set out in agreements, the goods must be returned to the supplier at the supplier’s risk and expense, within 10 business days after delivery to the consumer.

Once the supplier has received the goods, the supplier must refund the consumer less a handling fee. Here is the catch.  Handling fees cannot be charged at will. Here are the conditions when handling fees can and cannot be charged, if returned within 10 working days:

• If the goods are returned in the original unopened condition, the supplier may not charge a handling fee.
• If the goods are returned in original condition but repackaged in original packaging the supplier may charge a reasonable amount for the goods during the time they were in the consumers possession.
• If the goods are returned in original condition, and the goods are of a nature that they are either consumed or depleted by use, and has not been consumed or depleted, the supplier cannot charge a handling fee. Remember this does not apply to special order goods.
• If the goods are returned the supplier may charge a handling fee for repacking the goods of the packaging is not available.
• If however the consumer had to destroy the packaging in order to see and ascertain that the goods confirm to the quality and specifications agreed upon, the supplier cannot charge a handling fee for repackaging.

We have had customers returning items in soiled packaging.  I cannot sell the item to anyone.  We have to charge for the packaging to be replaced. If the customer was more careful in opening the item, we would not have charged for the item. So I think the act protects both the supplier and consumer equally in this case.

If the consumer wants a full refund after 10 working days, the supplier can do so at his discretion. A full refund is not required and the supplier can offer a price whatever he feels he is prepared to pay. This basically means that the item has become second hand although it is still in the original box.

You can find the full act online at the link below:

https://www.acts.co.za/consumer-protection-act/index.html