Can goods purchased online be returned for a refund?
Case study: “Hi. I’d like to ask about the Consumer Protection Act please. I bought a bunk bed online and after delivery I am not happy with the quality (it’s dirty, has grease in places, chipped wood in a few places, not painted consistently, no predrilled holes for assembly etc..). Am I covered under the Consumer Protection Act in any way?
I have asked for a refund but they say “Once items have been accepted we do not refund at all. I will be happy to make you a new bed and remove that one.”
Do I have to accept that option or can I legally request a refund?”
Mc Naught and Co says:
In terms of Section 44 of the Electronic Communications and Transactions Act, you can cancel for any reason within 7 days of delivery and are entitled to a refund, save that sec 44 (2) allows the supplier to deduct the cost of returning the goods.
In terms of the Consumer Protection Act however, Section 20 (4) (b), if the goods were defective, the return is at the supplier’s risk and expense. Section 56 (2) further extends consumers’ rights in respect of defective goods and allows a period of 6 months within which the goods can be returned, again at the supplier’s risk and expense, and the consumer has the right to decide if they want the goods repaired or replaced or a refund given.
I’m attaching a few relevant clauses.
As a note of caution for future purposes, section 19 (5) of the CPA entitles the consumer on delivery of the goods to request an inspection of them and to reject delivery if the goods are defective. Doing so would have removed the kind of dispute you are having presently, but still does not negate your right to return them in terms of section 56.