Seeking justice for a defective drone

03 March 2015 - 16:05 By On your case, with Wendy Knowler
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EYE IN THE SKY: A drone captures images outside the high court in Pretoria during the Oscar Pistorius trial
EYE IN THE SKY: A drone captures images outside the high court in Pretoria during the Oscar Pistorius trial

Dohnè Green wrote: "I bought my boyfriend a R1600 air drone for Christmas from a toy shop, and paid for it with my debit card".

He charged the battery as specified and flew his new toy 24 hours later. The battery immediately showed signs of problems and he took the drone back to the store with the slip in hand. They refused to give him a refund, saying that the amount was too high for them to give out cash, but they did replace the battery.

“Two days later and the same problem occurred with the new battery. I insisted that we had rights and that my boyfriend get the money back so he could go and buy something else from a hobby shop. The problem is he has since lost the slip.

"But I am a member of that toy shop’s rewards programme, so they have a full record of the sale, and I have my bank slip. Do we still have a right to get our money back?

Wendy's answer

Given that you bought the drone less than six months ago, it’s still covered by the CPA’s “implied warranty”, entitling you to your choice of a refund, replacement or repair, provided the supplier doesn’t find evidence of user abuse.

The National Consumer Commission is of the view that consumers returning allegedly defective merchandise within six months of purchase need to produce “proof of purchase” - in most cases that would be a till slip or receipt, but in your case, it could be argued that the combination of the rewards programme record of your specific purchase and your own bank statement constitutes valid proof of purchase.

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

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