DO NOT FEAR IF YOU HAVE RECEIVED NEWLY PURCHASED GOODS DAMAGED OR NOT WORKING AS ADVERTISED

Most Consumers have experienced the frustration of returning home and opening up their purchase only to find that the item was defective or broken.

The Consumer Protection Act 68 of 2008 (CPA) provides consumers with numerous rights which can be enforced against the suppliers of goods and services.  Prior to the inception of the CPA, consumers had limited rights at their disposal for goods and services they received which was faulty and/or defective. Luckily consumers now have various remedies at their disposal to rectify daunting task of returning defective and/or faulty items.

With the inception of the Consumer Protection Act (CPA), those days are over, even if the store “policy” or “Management” disagrees.

Section 55 of the CPA sets out certain standards that goods are required to meet, and the rights that Consumers hold in respect of those standards.

It is of the utmost importance to remember that you are allowed to return any goods purchased with any defect or fault within six (6) months after the purchase date. However, one has to bear in mind that the defects must be significant and material.  Accordingly, each and every item with a defect and/or fault will be judged on its own merits.

Section 56 (read with Section 55) of the CPA automatically offers you a warranty that all goods sold:

• Are reasonably suitable for the purpose for which they are generally intended;
• Are of good quality, in good working order and free from any defects;
• Will be useable and durable for a reasonable period of time;
• Comply with standard Act/other public regulations; and
• Are reasonably suitable for the specific purpose they were created for.

In addition to the above, section 61 of the CPA provides for instances in which a supplier may be held liable for damage caused by defective goods, and Section 69 read with Section 4(1) of the CPA provides dispute resolution mechanism for the enforcements of rights available to consumers under the CPA.

For more information on your rights under the CPA and the mechanisms available to enforce these rights, kindly contact Duvenage Attorneys and we will gladly assist you.