Clearing up the return law

Happy new year, dear readers.

'Tis now the season of maxed out credit cards, monstrous medical aid tariff increases, school-related expenses, and rampant consumer uncertainty about the safety of banks' so-called safety deposit boxes.

But the issue which continues to dominate my inbox, no matter the time of year, is that of returns. More than five years since the Consumer Protection Act came into effect, an astounding number of consumers and retailers are still getting it wrong.

Some consumers are bullied by sales staff into accepting a repair of their defective purchases when they're legally entitled to a refund, while others demand refunds when they're lucky the retailer is taking back the item at all.

A new year seems a good time to, once again, clear up the confusion on both sides of the retail divide.

What causes the confusion is a lack of understanding of what is defective - that which is broken or has developed a defect which makes it unfit for purpose - versus non-defective - the pair of jeans which you now realise aren't flattering or you've discovered you could have bought that microwave cheaper elsewhere.

So if you remember nothing else, remember this: the law gives you the right to return your purchase if it has broken or become unfit for its intended purpose within six months of purchase but gives you no such right if it is not defective unless if it was a direct marketing deal, but more on that later.*

DEFECTIVE RETURNS

It if breaks within six months, you get to take it back and choose the remedy - a refund, replacement or repair. You do not have to accept a repair.

The retailer may not insist you produce the original packaging only the proof of purchase. The retailer reserves the right to send the product away for a technical assessment to rule out user abuse. IMPORTANT: Always note your chosen remedy, such as refund, on the return form.

If you agree to a repair and the item breaks again within six months, the supplier may not repair it again.

NON-DEFECTIVE RETURNS

You have no right of return at all. Many retailers have generous return policies for change-of-heart purchases, but they do this as a courtesy. Do not confuse this with your legal right. And no, you don't get a cooling off period unless it was a direct marketing deal.

If a retailer chooses to take back non-defective purchases, it is entitled to impose conditions, such as: only within a certain time frame, on presentation of a receipt, in a saleable condition and for an exchange or a voucher, not cash.

So being offered a voucher when you return a non-defective item such an unwanted gift is a favour, not a denial of your rights. But many don't see it that way.

Koketso (full name withheld) bought a bed rail from a baby goods retailer in Roodepoort a week before Christmas and returned it shortly afterwards unopened having decided she didn't need it.

Her request for a refund was denied by the store manager, who offered her a voucher to its value instead.

"Being issued a gift card when I do not want it basically means that I am not allowed to exercise my right to choose a supplier," she said.

The point is she did exercise that right - she chose that retailer, and it sold her a product which was fit for purpose. No country in the world compels retailers to refund consumers who return products because they have had a change-of-heart.

Consumer s have a responsibility to en sure they are happy with a product before they make payment.

In my view accommodating consumers who change their minds by taking unwanted goods back and allowing them to buy something else from the store is fair.

Ironically, in many cases it's the exclusive, expensive boutiques that have the least consumer-friendly policies when it comes to the return of non-defective goods.

Sandro Borrelli e-mailed me shortly after Christmas to say that a R600 T-shirt he'd received as a gift from a relative, who'd bought it from an international brand store at Gateway, was too small, but the store refused to let him exchange it for a bigger one because he didn't have proof of purchase.

This despite the tags showing it was bought from that store and the T-shirt being current stock.

To my mind the store's policy in that instance was unnecessarily uncooperative. It had nothing to lose but a customer, and a lot of goodwill, but legally, I have no basis to challenge its policy.

If you buy something as a result of direct marketing - getting an unsolicited call, SMS or e-mail or being approached in a mall and asked to try a face cream - you have the benefit of a five-working day "cooling off" period in which to cancel the deal in writing, for a refund. It doesn't have to be defective, and you don't have to give a reason.

CONTACT WENDY:

Email: consumer@knowler.co.za

Twitter: @wendyknowler