No right to a refund for an unwanted gift

03 March 2015 - 15:57 By On your case, with Wendy Knowler
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A youngster takes to the town trampoline
A youngster takes to the town trampoline
Image: Alon Skuy

Avesh Singh bought a R730 trampoline as a birthday gift for his niece, but her family felt they didn't have enough room for it at their home, so they asked him to return it to the store, which he did, still sealed in its box.

“The man who served me said he was not obligated to take it back, but he would do me a favour by allowing me to take goods to its value.

“I appreciate the ‘favour’ but I didn’t need anything from that store at the time, so I asked for a credit note, and he obliged.

“But the credit note expires on March 15, and now I am forced to buy things I don’t need just so that I don’t lose the R730.

“I made the purchase knowing that I had six months to return it for a full cash refund, as per the Consumer Protection Act.

“Have I misunderstood the Act?”

Wendy Knowler answers:

Yes, I’m afraid you have. The CPA only compels retailers to take back goods within six months if they are defective. If they are not defective, as in the case of the trampoline, they do not have to take them back at all. If they choose to do so, they get to make the rules, such as putting a time limit on the return, insisting on the item being in a saleable condition, and issuing credit or doing an exchange rather than refunding. So sorry I couldn’t help.”

The consumer responds:

Singh’s response was delightful. “Why do you say that you ‘couldn’t help’ me? Just because it wasn’t something I wanted to hear, doesn’t mean you didn’t help.

“On the contrary, you were of great help. You helped me change my mindset and now I am safe-guarded from my wrong thinking. Always good to be empowered – that’s something that even Eskom can’t take away, lol.”

You can contact Wendy Knowler with your consumer issues via email: consumer@knowler.co.za or on Twitter: @wendyknowler

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