Consumer rights during Black Friday 2022 – what you need to know about returns, refunds and delivery
While many South African shoppers are getting ready to grab specials and deals on Black Friday (25 November), it is important that they know their consumer rights before spending any money.
If a company or business – formal or informal and irrespective of its size – is marketing, distributing, manufacturing, or selling goods and services in South Africa, it must comply with the Consumer Protection Act 68 of 2008 (CPA).
The CPA applies to an agreement concluded between a consumer and supplier in the ordinary course of business. Considering the upcoming Black Friday event, it is important to remember that consumer rights are always applicable and valid.
However, to ensure you are protected by this legislation, online shoppers are reminded to only shop on well-known and reputable sites, use secure payment platforms, and keep records of the transaction, the office of the Consumer Goods & Service Ombud (CGSO) has warned.
Broadly, the CGSO highlighted three main tips to bear in mind during Black Friday.
- 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.
- 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.
- 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 around this is that consumers are protected against defective items, but cannot simply change their mind on purchases and expect a refund – so make sure what you buy is what you really want or need.
Regulations shoppers should be aware of when buying something this Black Friday are listed below, as outlined by the CGSO.
Online transactions
When purchasing goods online, it is important to note that most goods have a cooling-off period of seven days.
According to the CGSO, 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 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.
In-store purchases
All goods purchased in South Africa carry a six-month implied quality warranty under section 56 of the CPA.
This means that customers have the right to receive a refund, replacement, or repair of their own choice if the goods bought from a business are defective within six months of purchase – provided the goods haven’t been tampered with or damaged by the consumer.
This automatic warranty is in addition to the businesses’ own or manufacturer’s warranty, added the CGSO.
Consumers should also ensure that they understand and take note of the supplier’s return policy regarding change-of-mind returns. If not defective, you can only return a product within 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.
Bait marketing
According to section 30 of the CPA, suppliers must, when advertising specials for Black Friday, have the goods available at the advertised price and quantity. Should the stock be limited, this must be disclosed in the advertisement.
However, there 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
Regarding deliveries, consumers have the following 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.
In the event of sub-standard services performed or goods supplied, 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.
Product liability
According to section 61 of the CPA, Any product that is sold must meet all approved standards and be safe.
This is because producers, 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 where such harm is the result of inadequate instruction or warnings being given to the consumer.
In instances of injury or death, the consumer has the right to claim damages from the respective supplier, said the CGSO.
Read: Black Friday South Africa 2022 – links to all the sales happening this week
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