As I write this brief article it is but only November and yet the retail stores are all gearing up for a hopefully lucrative Christmas season already decked out in Christmas decor. Secret-Santa gifts for co-workers, gifts for loved ones and friends – put the inevitable strain on Consumers’ wallets and also if one looks at South African bank statistics – the strain on our Credit Cards.
Retail stores are flooded after Christmas day with the return of unwanted gifts – socks I can still use no matter how ugly the reindeer and mistletoe pattern on them is, but how many Slow-Cookers do I really need?
Sadly, South African Consumers still do not understand that for non-defective products, where no misrepresentation regarding purpose or characteristics of items were made at the time of sale by sales staff – they have no right of return at all. Much like buyer’s remorse – simply not wanting an item is no valid reason for retailers to entertain as a lawful reason for giving a refund.
Many retailers have generous return policies for change-of-heart purchases, but they do this as a courtesy. Consumers confuse this with a legal right to return unwanted goods. A Cooling-off period is oftentimes raised by Consumers to retailers as a justification that stores must accept a return. The Cooling-off period however only applies to direct marketing transactions.
It is for this reason that we at SEESA Consumer Protection & POPI advise that Retail business must have a clearly worded and easy to understand Returns Policy (preferably displayed in the store and on the website of the business).
If a retailer chooses to take back non-defective purchases, it is entitled to impose conditions.
Examples of such conditions can be:
- only returns within a certain time frame;
- providing a receipt to prove purchase from that specific store/retail chain;
- that goods must be in a fit condition to resell/unused;
- and for an exchange or a voucher, not cash only;
- In original yet opened packaging and that they may impose a small reasonable fee to make it fit for resale again.
Being offered a voucher when a Consumer returns a non-defective item such an unwanted gift is favour the business grants the Consumer – it is not a right they can outright demand.
If a store has returns policy that states it does not give refunds for the non-defective return of goods, under any circumstances – they are within their legal rights to do so.
My advice, therefore, is if you as Consumer want to return that unwanted Slow-cooker that has absolutely nothing wrong with it to the store after Christmas:
- Ask nicely; and
- Read the specific retailers returns policy beforehand.
Please note: the above advice is pertaining to return of Non-defective goods. Defective goods have a statutory 6-month warranty in the Consumer Protection Act and items sold via direct marketing have a 5-day cooling-off period which Consumers can rely on.
ABOUT THE AUTHOR
Charl Fourie is Consumer Protection & POPI Senior Legal Advisor at SEESA Port Elizabeth since 2008. Prior to employment at SEESA he worked as a Civil Attorney.