Consumers have all seen notices in shops declaring our obligation to pay for items we damage while shopping or stating the shop's 'no refunds' policy. However, under consumer protection laws these practices are unlawful.
Consumers have all seen notices in shops declaring our obligation to pay for items we damage while shopping or stating the shop's 'no refunds' policy. However, under consumer protection laws these practices are unlawful.
"The Consumer Protection Act takes precedence over any store policy," says Consumer Goods and Services Ombud, advocate Neville Melville.
Consumers have a right to return any items which have material defects, and are also entitled to choose the form of redress, provided they do so in six months.
This is the ‘3R’ rule – the right to return, refund or replace defective products – which Melville says consumers are entitled to. Exceptions only apply to insignificant defects or damage caused by the consumer, he adds.
Another common problem occurs when the defective goods have been purchased on credit, with aggrieved consumers showing their dissatisfaction by not paying their accounts because of the defect. This is the worst thing a consumer can do as it could give rise to a breach of their obligations under the credit agreement.
"Their monthly payment history will reflect the non-payment, they can be listed at the credit bureau or even be handed over for debt collection, and interest keeps running on the outstanding balance," warns Credit Ombud Manie van Schalkwyk.
The Credit Ombud deals with complaints about credit agreements and credit bureau information disputes. The Consumer Goods & Services Ombud deals with a wide range of complaints regarding goods and services.
Contact them (for free) on 0861 66 28 37 (Credit Ombud) and 0860 000 272 (Consumer Goods & Services Ombud). If you are not sure which office to refer to, you can contact either and they will ensure that you are directed to the correct organisation.
Don't get caught out – keep the proof!
- Keep all packaging, especially boxes and till slips, until the 6 month warranty period has passed
- Ensure that you find out about the store’s return policy before you make your purchase
- To avoid being listed negatively, continue paying for your goods even if they have been returned for repairs
- When you purchase goods that need to be delivered, verify the delivery charges ( you may decide to rather arrange your own transport!) and the delivery date in writing – if they fail to deliver as agreed, you will be well within your rights to cancel the deal
- Always ensure that you read and understand the terms of the credit agreement, what your payment obligations are and the total cost of the credit
- Should you encounter any problem, try to have the details of the problem reduced to writing in an email or notes on the documents etc. Too often the consumers have no proof of the discussions with store staff.
