Many consumers may find themselves confronted by alarming notices in smaller, privately owned shops that read, "You break it, you buy it," or "You damage it, consider it sold."
Such signs, which invoke a sense of guilt and unease, often lead to hesitance, particularly for parents with children or those carrying bulky items like handbags. If it's not these ominous warnings, then it might be a shop's strict "no refunds" policy or a declaration that they do not accept any returns. While these claims can breed frustration among consumers, it is essential to understand that these practices are often unlawful under South African law.
The Consumer Protection Act is designed to protect consumers, giving them rights that supersede any store policy. Advocate Neville Melville, the Consumer Goods and Services Ombud, states, "Consumers should not allow stores to bully them when it comes to returning or exchanging defective goods or those with poor workmanship."
As per the CPA, consumers are legally entitled to return any items purchased within six months if they exhibit material defects. Furthermore, the law grants a crucial "3R" rule – individuals can opt for a return, a refund, or a replacement. Melville emphasizes that although stores may insist on sending defective items away for repairs, customers do not have to acquiesce to such terms; they have the right to choose the remedy that suits them best, unless the defect is minor or self-inflicted.
In addition to the CPA, consumers should also be cautious when purchasing goods on credit, as disputes over defective products can complicate matters. Manie van Schalkwyk, the Credit Ombud, warns against the dangerous temptation to cease payments due to dissatisfaction with product quality. "The worst thing a consumer can do is not pay their accounts," he cautions. Non-payment could lead to dire consequences, including a tarnished credit history, listing with credit bureaus, or even the involvement of debt collectors.
Consumers are advised to take proactive steps
- Keep all packaging, especially boxes and till slips, until the six-month warranty period has expired.
- Check the store’s return policy before making a purchase to avoid surprises.
- Continue making payments on goods, even if they are returned for repairs, to maintain good credit standing.
- When buying items that require delivery, verify delivery charges and dates in writing to assert your rights if issues arise.
- Thoroughly read and understand credit agreements to protect against unexpected obligations.
- Document any issues in writing to provide proof of discussions with store staff.
Consumers are not alone when navigating these challenges; assistance is just a phone call away. The office of the Credit Ombud and the Consumer Goods & Services Ombud are poised to help. Both services are free and can address a range of complaints regarding credit agreements, goods, and services. Consumers can reach the Credit Ombud at 0861 66 28 37 and the Consumer Goods & Services Ombud at 0860 000 272. Unsure about where to direct an issue? Either office can guide you to the right resources.
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