Power Report: Why when it comes to returns, the buyer is often in the wrong

09 August 2015 - 02:00 By Megan Power

A lawyer I recently met at a workshop suggested that the Consumer Protection Act was clear-cut; black and white, so to speak. He was right, on the face of it, especially when it is compared to the complicated new piece of privacy law he was trying to unravel for his audience. Unlike that legislation, the consumer act is pretty clear on what's allowed and what's not - and there are few exceptions.But it's hardly all plain sailing. Ask anyone who has to grapple with putting this legislation into practice; the act can be frustratingly vague and even contradictory in places.Trying to interpret the four-year-old act in the absence of very little precedent opens up heated debate. And that's among experts. Heaven help the man in the street.Take the word "reasonable". A loaded word. Especially when it's used to describe the fee suppliers are allowed to charge consumers who cancel an advance booking or terminate a fixed-term contract early.What exactly is "reasonable"? And reasonable to whom?story_article_left1It's going to take years of practical application, ombud findings, tribunal challenges and possibly legal action before things will be better cast in stone.Until then, consumers and suppliers are left to join the dots. But that's all the more difficult if nobody bothers to read and understand the basics of the act.Far too many consumers waste time trying to enforce rights they don't actually have.Nowhere is this problem more obvious that in the issue of returns. Hardly a week goes by without a reader e-mailing me, outraged that a supplier is either refusing a refund, or offering a voucher instead of cash, or demanding that a faulty product be taken away for inspection before a refund is given.Sometimes the supplier is taking a chance, and that's an easy fix. But more often than not, the consumer has misunderstood their rights.Consumers fail to make the distinction between a remorse-buy return or exchange and a defective, substandard product return. The two returns are treated very differently.If your purchase is faulty or of substandard quality, the act says you have six months to return that item, at the supplier's cost, for either a refund, repair or replacement. The choice is yours.If the return is of an appliance, the supplier has the right to have the item inspected to assess the cause of the fault (to rule out user abuse) before offering a refund. This inspection, which can require the item being sent off the premises, ideally shouldn't take longer than a week or two.But, and this is key, this implied six-month warranty applies only to defective goods. When it comes to remorse buys (you can't afford that R4000 coffee machine after all) or exchanges (you want to swap the fuchsia dress for a more conservative blue), you're on your own.The act is silent on such change-of-heart returns, which means suppliers are not obligated to refund or even exchange in these circumstances. Of course, refusing to help a consumer with a legitimate request is bad for business; most reputable retailers, big and small, will usually agree to returns and exchanges, offering vouchers or credit notes to spend in store. Others, like Woolworths and Pick n Pay, under certain circumstances, happily refund remorse buys in cash.It's good to check a retailer's returns policy before you buy. And keep receipts - scan them, take a cellphone photo or photostat them.When reader Sonto Banganayi bought the wrong type of notebook at a CNA and was offered a voucher when she returned them, she was furious. She was eventually refunded in cash as a goodwill gesture, and was surprised to discover later that the store had done her a favour.story_article_right2Port Elizabeth reader Margaret Wynn had the same misconception. She'd returned a pair of shoes a day after buying them from a Rage outlet, and was offered a credit note instead of cash. She argued that the policy violated the act.It didn't. But had she bought the shoes through a direct marketing offer, things would have been different. In direct marketing sales, consumers are entitled to a cooling-off period. Items can be returned for cash, at the consumer's expense, for any reason, without penalty, no questions asked. And the money must be refunded within 15 business days.But there's a catch: goods have to be returned within five business days of the deal being concluded or the goods being delivered, whichever was later. And the supplier may be able to recover some costs related to use of the goods or opened packaging, as covered by the act.Also, a consumer can cancel any sale, with full refund, if they didn't have an opportunity to examine the goods before delivery and is not satisfied they are of the type and quality agreed on; if goods delivered are found to be unsuitable for the intended and agreed purpose (they could also be protected under the six-month implied warranty); or if goods delivered were not ordered, or in the wrong quantities.These goods can be returned to the supplier within 10 business days, at the supplier's expense.Online purchases have different returns rules, governed separately by the Electronic Communications and Transactions Act. There's a cooling-off period of seven business days in which to return a product, at your cost, or cancel a transaction, for any reason. There are some exclusions, including financial services transactions and food purchases.So, not so black and white after all.sub_head_start Contact Megan Power sub_head_endE-mail: consumer@sundaytimes.co.zaFollow Megan on Twitter: @Power_ReportTune in to PowerFM 98.7's 'Power Breakfast' (DStv audio channel 889) at 8.50am on Monday to hear more from MeganPlease note: Other than in exceptional circumstances, readers sending me complaints must be willing to be identified and photographed...

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