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RETURNS AND REFUNDS: Consumer Protection Act (CPA)

02 Aug

In terms of the Consumer Protection Act (CPA) section 56 (read with section 55), all goods purchased by a consumer are subject to an implied warranty of quality and suppliers can not contract out of this provision. This means that a consumer has the right to receive goods which are:

  • Of good quality and are reasonably suited for the purpose for which they are intended for.

If within 6 months after a purchase, the goods are found to be in contravention of the above, a consumer is allowed any of the three R’s:

    1. Replacement;
    2. Repair; or
    3. Refund.

A consumer is allowed recourse to any of the above three R’s .If a supplier refuses a consumer any of the above three R’s ( a consumer elects which of the R’s they would like), the Tribunal shall fine such supplier/business either 10% of its annual turnover or R 1000 000-00.

It is for this reason that if there are any suppliers/businesses that are still operating with ‘no return or refund policies’, that we recommend that they amend their policies as soon as possible. As for consumers out there, know your rights.

TAKE NOTE- there are two types of returns and refunds:

  • The ‘change of mind/good will refunds’- in terms of these, suppliers/businesses are not obliged to accept the returned goods and refund the consumers. If suppliers/business do honour these it will be out of good will.
  • Those that are imposed by statutes- Under the CPA, there are certain circumstances under which suppliers/businesses are obligated to accept the returned goods and refund the consumer with their monies.

For more information regarding returns and refunds, click on the following link (Reunds and Returns: You have rights as a consumer. Understand them. Enforce them). http://apps.thedti.gov.za/publications/refunds_returns.pdf

 

 
62 Comments

Posted by on 02/08/2011 in Content

 

62 responses to “RETURNS AND REFUNDS: Consumer Protection Act (CPA)

  1. Arthur

    31/01/2014 at 3:59 pm

    can I exchange an item that hasn’t been used and still has a store price teg without a receipt?

     
    • oostcomeyerdewaal

      09/02/2014 at 3:06 pm

      Hi Arthur

      You would first need to check the store’s policy on returns – if their policy is that you may return it within 7 days with a receipt, and it is day 5 for example, it is likely that the store will exchange the item for you, as their price tag should allow them to see the date when you bought it. If you bought it on account, the store should definitely be able to pick up the purchase to confirm that it was bought at the correct store and is being returned within the correct time frame. If you are slightly out of the time frame, there is no harm going into the store to request an exchange – the store doesn’t have anything to lose as you are not getting a refund i.e. stock for stock. You may encounter a problem however if the item you bought is discontinued stock. Be as nice as you can and the store will more than likely be accommodating.

       
      • CinematicKidSA

        28/01/2015 at 1:15 am

        Good day. (Mrs Cancino, posting on daughters blog page). What are my consumer rights, please. Im confused. I went to my regular supplier, and enquired from 2 staff members, about a good printer/scanner/copier, and was recommended a samsung model. I used my card to pay, and cashier assured me if I wasnt satisfied with item, I could bring it back within 7days, and be fully refunded. I took it back yesterday, but suddenly staff denied everything, and branch refuses to refund me. My reason for returning it, is because I googled the item, and found it was only a printer. I was misled by staff, and feel they were trying to sell me their last item in store. The manager kept my printer, and said he will consult with head office but because Id opened the seal on lid to read the (not in English) pamphlet, said product was now not valid. Their policy says on bottom of my receipt, “No Refunds”. Everything in box is still sealed and untouched. They want to charge me handling fees of 25% and “maybe” can give me option to buy another item in store on a credit account with the remaining money due me. A lawyer friend said today, that I have a right to demand full money back, and not accept anything less. What are my rights? Im not a person who usually takes things back, but this was not a product Id asked for. Its useless to me. Thank you for your page, and I hope I can settle this, without going to legal wise or an onbudsman. Sadly, I dont even have the product to prove my case, as the store kept it. All I have is my receipt.
        Michelle Cancino.

         
      • oostcomeyerdewaal

        29/01/2015 at 10:01 am

        Section 55(b) of the Consumer Protection Act states that every Consumer has got the right to goods or products which are of good quality, in good working order and free from defects, and the Consumer Protection Act section 41(1)(a-c) states that in relation to marketing of any goods or services, the supplier must not, by words or conduct, directly or indirectly express or imply a false, misleading or deceptive representation concerning a material fact to a consumer or use exaggeration or ambiguity as to the material fact.

        In this case the supplier must tender a refund to you as the consumer, because also section 19(5) of the Act states that when a supplier tenders delivery to consumer of any goods, the supplier must, on request, allow the consumer a reasonable opportunity to examine those goods for the purpose of ascertaining whether those goods are of a type and quality reasonably contemplated in the agreement.
        Thanks, Farai

         
  2. Danielle

    25/03/2014 at 2:16 pm

    Hi there,
    My husband bought me a pair of slippers on Friday last week, I don’t like them and am wanting to return them. I haven’t worn them and the tag is still on, and I have the receipt. But, on the bottom of the receipt, it says “NO CASH OR CARD REFUNDS”, is this allowed? Am I not entitled to get my money back?

     
    • oostcomeyerdewaal

      25/03/2014 at 3:23 pm

      Hi Dani

      The CPA refers to consumers having the right to return defective or unsafe goods and request a full refund, provided it is done in a reasonable period. It also refers to the right to return goods which were not pre-examined prior to delivery. As the slippers you bought are not defective and the label clearly states that there is no cash or card refund, your only recourse would be to exchange the slippers for something else in the shop, or request a credit note for a future purchase at the same store.
      Regards Debbie

       
  3. nicolus

    03/04/2014 at 9:24 am

    My brother bought a bed at fair price in Kempton park in December 2013 now the bed was sinking,he went to complain and they gave him a new mattress on the 3-3-2014 this one was worse so we when there to get refund so that he can get a better bed. We were told by the manager Amin that we must stop buying cheap bed and there is nothing they can help us with. So now we don’t know what to do cause he can’t stay with a faulty bed. How can he get his money and go somewhere to buy a proper bed?

     
    • oostcomeyerdewaal

      15/04/2014 at 9:23 am

      We would suggest that you contact a senior manager at the store to assist you, or the Head Office of the store should it be nationally placed (or be a franchise) as, many times a Head Office will override a branch in order to maintain their branding and or good image. There are also sites like Hello Peter to lodge your complaint, to which many businesses respond positively to such website listings. Alternatively, should this not transpire and you feel you have a justified claim, you can contact the Office of the Consumer Protector in your area. Regards and good luck, Debbie Webber

       
      • nicolus

        15/04/2014 at 9:48 am

        Hi derby!

        Thanks for the advice

         
  4. jacky themba mhlongo

    03/04/2014 at 5:01 pm

    Epson motors sell me a car in 2.morth the egen shoe the worrning light now they want me to pay for it

     
    • oostcomeyerdewaal

      15/04/2014 at 9:26 am

      Hi Jacky, you would need to firstly establish what the reason is for the engine warning light having come on – it may be a filter. Most car dealers stand by their sold vehicles for a period of 30 days for any issues that may arise, however this will not include normal maintenance issues. You will need to establish the problem in greater detail in order for us to assist you properly, as well as the terms of the sale. Many thanks Debbie Webber

       
  5. James Brayton

    15/04/2014 at 8:58 am

    Hi. I bought some items on a website using a voucher for a discount. I didn’t know at the time, but the voucher’s terms were 1 item per discount. I chose 3 items, but the voucher still worked on the website and I made payment. I can’t afford the items without the voucher, so can I return the goods if the store subsequently negates the voucher before shipping the goods? Can they validly apply full price to the order and debit my account again with the balance?

     
    • oostcomeyerdewaal

      15/04/2014 at 9:33 am

      Hi James, if I understand correctly, you were fully aware that the voucher pertained to 1 item being allowed a discount. This means you were aware of the cost, less the voucher, of what you would be required to pay. The fact that the seller made an error in applying the voucher to the 3 items, does not negate that you were aware this was an error and that the amount you were debited was incorrect. The seller is within their rights to request the correct payment amount – alternatively see if you are able to cancel the order and obtain a refund if you are not able to afford it. There may be a handling charge if there was full disclosure of the price, etc. It is always best to communicate directly with the seller and negotiate a win-win situation. Regards Debbie Webber

       
  6. Ziyaad

    19/05/2014 at 12:07 am

    Hi, I recently bought a set of mag wheels from an on-line store in Klerksdorp. A friend of mine was traveling by Klerksdorp so offered to collect the mags for me, saving me any courier fees. On receiving the mag wheels, I opened one box to inspect the mag. It was the correct item, but when I placed it next the vehicle to which it will be fitted to see how it will looks. I noticed that the directional twist design of the mag (which rotates towards the right) will only suit the rotation on the right side of the car when in motion. If I place the mag on the left side of the car, the directional twist design will rotate incorrectly and should (rotate to the left). I opened the rest if the boxes hoping that there is a pair for the right side (directional rotation to the right) and a pair for the left side (directional rotation to the left) and sadly they were all the same (rotation to the right). I immediately contacted the person whom I dealt with at the store. The guy was baffled and said that all the mags in this range are this way. I downloaded a picture from the original website of these mags and clearly it shows different mags for the right side for the left side with the correct directional rotation per side. I sent the picture to the store to further question this. Once again, the guy said that theirs nothing they can do, because this is how all the mags in this rage are. I told him that I will return the mags and want a refund, because clearly there is a problem with the mags directional rotation per side. He said they will gladly exchange it for a different set and have a NO REFUND POLICY. I made him aware of the consumer protection act with regard to this. He than said that I should go ahead. Where do I stand with this situation…? Who do I contact to take it further..?
    Regards, Ziyaad

     
    • oostcomeyerdewaal

      19/05/2014 at 8:42 am

      Hi Ziyaad

      Try to speak to a senior person at the store, or if at all possible, see if you have a friend who is able to take the mags into the store to obtain your refund. You may also want to check if the store you dealt with is a chain – in which case, contact the head office regarding the matter. If this does not prove fruitful, you may take the matter up with the ombudsman – the contact details of which you may find on http://www.ombudsmen.co.za or there are various organisations that may assist you, such as http://www.saconsumercomplaints.co.za. Good luck! Regards Debbie

       
  7. Lewis

    22/05/2014 at 7:11 pm

    Hi I recently bought sandals from Studio88 I did not like them so i went back with them and they told me i cannot get a refund & they read to me on the receipt were it stated they dont refund they only allow exchanges so i had to exchange the sandals for a backpack and top more money on that so i lost the receipt in frustration but the bag still has its tag. I feel cheated is there any way i can get back my money as i bought the bag against my will and i do not want it.

     
    • oostcomeyerdewaal

      27/05/2014 at 2:05 pm

      Hi Lewis

      As you have mentioned, the store’s policy of “no refunds” and exchanges only, is clearly reflected on their documentation. The fact that you then took a backpack in exchange of the sandals, would probably not be viewed in law as a purchase “against your will”. However, the store would more than likely exchange the backpack for you even without the receipt, as it has its tag on and the store will more than likely be able to check when it was sold / exchanged, especially if you paid by means of a debit or credit card. It is not a nice place to be in when one feels cheated – school fees unfortunately. Hopefully the store will have a suitable replacement for you for the backpack.Regards Debbie

       
  8. karen Hewett

    27/05/2014 at 1:47 pm

    Hi there
    I am not sure if this applys to the CPA
    I am amending a document for a waiting list application, on the document, it says the customer must pay a R1000 non -refundable deposit, but then it also says Please note that admission is on the room availability and is thus not guaranteed – My question is, is this allowed to be a non refundable deposit. Also i have a question for myself, i bought online garments from a major clothing store and then i was told after waiting for about 1 month for my goods to arrive, they were out of stock, did i want a refund (of course i wanted a refund), so now i have emailed and emailed and complained on Hello Peter and waited for about 6 months for my refund and nothing has come through, what can i do now?
    Thank you for any information about either of these questions – Also this is great to have a place where people can get advice on CPA matters. Thank You

     
    • oostcomeyerdewaal

      27/05/2014 at 2:10 pm

      Hi Karen
      The best would be to check with the people you are applying to, what happens to the deposit should you not get the room – it stands to reason that deposits cannot simply be taken from numerous applicants with the knowledge that only x amount of places are available. You need to establish what the R1 000 would be used for (i.e. the reason for its non-refundability) and take it from there. With regards to the garments, have you tried telephoning the company Head Office, as often emails are unattended or go astray. Keep a record of everyone you speak to with a reference number if possible. I would suggest that you first speak to the department that contacted you, alternatively the Head Office of the retail chain. Regards Debbie

       
  9. Rene Tupper

    28/05/2014 at 12:01 pm

    I recently purchased a vehicle and used a dealership to facilitate the sale as the finance company would not finance a private to private sale. I have now discovered that the vehicle was sold to me at a discrepancy of almost R60,000 due to a spec change which means I paid too much. Neither the finance company nor the dealership nor the insurance company nor the seller informed me of this. Do I have rights here ?

     
    • oostcomeyerdewaal

      28/05/2014 at 1:42 pm

      Hi Rene
      Firstly you would need to check the documentation on which you did the purchase – does the specifications on the paperwork match the specifications of the vehicle delivered? If not, you need to address this with the dealership or their Head Office should the branch not be forthcoming. If this does not prove fruitful, you may take the matter up with the ombudsman – the contact details of which you may find on http://www.ombudsmen.co.za or there are various organisations that may assist you, such as http://www.saconsumercomplaints.co.za. Regards Debbie

       
  10. Duhaa Madden

    13/06/2014 at 11:03 am

    Hi there
    I purchased an earing set for my wife on 6th May 2014 from Galaxy Jewellers on a Galaxy Gift card. On 11th June she took them back to the store as the one stem had broken off. Inspecting similar earings in the store, my wife noticed that most of them had bent stems and she requested that they reimburse her and to put that value back onto the gift card. The store manager refused and wanted to send the earings away for repairs. I do not want repaired earings and prefer the value transferred back onto the gift card. The store manager does not want to do that. What can I do about the situation?

     
    • oostcomeyerdewaal

      13/06/2014 at 11:32 am

      Hi there. I would suggest that you check the sales receipt’s conditions of return. You might also do well by contacting the Head Office and insisting on a refund to the Galaxy gift card – there should be no reason why they would not do that, as the monies are effectively remaining with Galaxy. Alternatively you may contact http://www.ombudsmen.co.za or there are various organisations that may assist you, such as http://www.saconsumercomplaints.co.za. Regards Debbie

       
  11. nicole shaer

    01/07/2014 at 5:34 pm

    Hello,

    I ordered a mobile phone on a website of CaCell – a company based in Johannesburg on the 9th April and as delivery took too long (to Cape Town), requested that this be returned even before I had received it and requested a refund.

    Despite confirmation that they have the phone back, around the 12th April, I have still not received a refund (almost three months, now!).

    I have tried emailing and calling the manager repeatedly and whilst there are apparent efforts in the direction of a refund, it has not happened. I have been refused the name and contact details of the owner of the company (by phone and email).

    I don’t know what more to do and am afraid that at some point, my ‘rights’ will also lapse in claiming this refund. Meantime, the company has had my R2100 for an extra three months, almost.

    What can you advise?

     
    • oostcomeyerdewaal

      06/07/2014 at 1:16 pm

      Hi Nicole, you may contact http://www.ombudsmen.co.za or there are various organisations that may assist you, such as http://www.saconsumercomplaints.co.za. Alternatively, you can request the services of a lawyer, such as ourselves, to send the company a letter of demand which may resolve the issue without going the entire litigation process. Regards Debbie

       
      • Zweli

        22/04/2016 at 9:18 am

        Hi

        There is this company that has been ducking and diving, promising my refund for services they did not render. Its been two months of at least 40 emails, sms’s and calls that get nowhere. I feel that I’m not being taken seriously and my rights are being trampled on. I want a solution that wont eat into my pocket? Please advise,

         
      • oostcomeyerdewaal

        22/04/2016 at 9:47 am

        I would suggest that you send them a letter of demand via an attorneys’ firm, to indicate your intention to proceed with blacklisting and litigation procedures. Feel free to contact me on debbie@mdwinc.co.za for an obligation free quote. You may also wish to place your dissatisfaction on forums such as Hello Peter, to which they may or may not reply / action. Regards Debbie

         
  12. Sascha

    01/08/2014 at 11:23 am

    Good Morning
    i really need help
    i bought a BMW in May.
    the car has a major issue and i was told not to drive it anymore.i called the previous owner and told her about the situation, she doesn’t want any documents from me proving this. She says that she will call her lawyer and see. This issues totals R20,000.00
    What am i suppose to do? i have not signed the transfer of ownership yet.

     
    • oostcomeyerdewaal

      22/08/2014 at 8:04 am

      Office of Consumer protector

      Contact Us:
      Tel: 0800 007 081
      Fax: 021 483 5872
      E-mail: consumer@westerncape.gov.za

      or consult with an attorney’s firm to assist you – this will however incur legal fees. Regards Debbie

       
  13. esau

    22/08/2014 at 6:12 am

    Bought golf 6 from sollys car sales in june 2014 and in july 2014 it had engine failure and I was told to pay for repair cost of R35000 because the dealer says its my neglegenc I drove the ca withithout water which is untrue so the dealer says unless I pay tht ammout the car won’t be fixed please help I can be reached at 0794379143 please help

     
  14. Maria Edwards

    09/09/2014 at 4:27 pm

    Hi,

    A client has purchased a product from our store in December 2013 and we offer a full 12 month warranty. The client was experiencing some difficulties using the product, to which we gladly assisted with in terms of our warranty. The client has been to our store 2 times and one of the times was for user damage.

    In August the client for pricing to upgrade the product which they purchased and confirmed that they will make a decision on upgrading once pricing is received and that they are happy with the after service that they have received. Now the client has contacted us to state that they would like a refund as they are not happy.

    Please advise if they are entitled to a refund 9 months after purchase and having used the products extensively.

    Looking forward to hearing from you.

    Thank you

     
    • oostcomeyerdewaal

      10/09/2014 at 8:56 am

      Hi Maria, without knowing all the details of the matter at hand, we may only refer you to the provisions of the CPA – • According to Chapter 2, Section 56, a consumer can return goods to a supplier within 6 months of their delivery, if the goods fail to satisfy the agreed standards and requirements (which state that the goods must be in good working order, free of defects etc – see Section 55 for details). This return must take place without penalty and at the supplier’s risk and expense.
      • The supplier must either repair or replace the failed, unsafe or defective goods, or refund the consumer.
      • If there is a problem with the repaired good within the next 3 months, the supplier must replace it or refund the consumer.
      However, it is important to note that this does not apply where:
      o The goods concerned have been disassembled, altered, permanently installed or combined with other goods; or
      o There is a public regulation prohibiting the return of the goods.
      • If the goods concerned have been used or need to be repackaged, the supplier may charge the consumer a “reasonable amount” for this inconvenience.
      On the face of it, it would appear that the client may not be entitled to a refund, however we do not have all the facts of your transaction and as such, we would suggest that you contact the office of the consumer protector, who will shed a more accurate light thereon, with the details you provide them. Many thanks Debbie

       
  15. Prinsloo

    13/01/2015 at 12:11 pm

    Hi we bought a bakkie for work purposes, the vehicle was delivered 6 hours late which meant we didn’t sign the bank documents in the bank, the dealership stamped them afterwards. the vehicle is faulty, we were charged for a service which was never performed on the vehicle, the check engen light came on and we had issues in regard to sounds and objects on the car not being correct. we returned the vehicle to the dealership 3 days after receiving it. they booked the vehicle in for repairs. 2 weeks later we collected the vehicle again, was promised a stamped service book will be sent to us and that vehicle was repaired in full. 2 days after we collected the vehicle I broke down next to the road on my way to work, the brake fluid leaks out of the vehicle and needs to be refilled every morning, in turn I am unable to use this vehicle for work and have lost my job and have been unemployed for the last 3 months because of this. the temporary license they gave me was a invalid and fake temporary license as I was told my the license department, the license disc that had been on the car when we received it was faulty and invalid as well. we have sent complaints to the dealership, to the financing bank, to the dealership head office and have had Mediation with the dealership representative & the RMI, where the dealership failed to adhere to the conditions they agreed to in the mediation contracts. no one has been able to assist us in regard to enforcing my cpa rights. my wife now has to pay the vehicle every month while we keep searching for someone to help us. what can I do? I don’t have the money to pay legal fees and haven’t been able to find a probono attorney that has open space for my case

     
    • oostcomeyerdewaal

      14/01/2015 at 3:16 pm

      Hi there
      If you were successful at the Mediation, you should be able to enforce your Mediation contract via a court order. Have you contacted the Law Society in your area to establish contact details for pro bono attorneys, as there should be quite a list? Did you get the financing bank involved, as they may too take the matter up with the Dealership? Another option is the motor industry ombudsman: Website: http://www.miosa.co.za / Telephone: 0861 1 MIOSA (0861 1 64672). Regards Debbie

       
      • Prinsloo

        15/01/2015 at 1:22 pm

        Hi, thank you for the response. In the mediation meeting myself and the dealership representative signed the contracts, but the dealership didn’t fulfil their side of the agreement, the mediator advised I must go to a lawyer. the mediation stated that if the dealership did not fulfil their accepted term that they will cancel the deal, when they failed we emailed the representative and we have since then not been assisted with cancellation. We did involve the bank and lodged complaints with them in this regard, the bank has stated they can not assist us as we need to negotiate with the dealer principle and get him to pay the bank back. I am currently waiting to hear from a pro bono attorney as I am still awaiting return correspondence with the ombudsman.

         
  16. Gina

    21/02/2015 at 3:58 pm

    Hi. We had a situation today where a grandfather bought two Legos for his grandson from our shop. The mother then came in and demanded her money back because the toys were apparently not suitable for the son. We have a sign as well as on our receipt that says no refunds, exchange only ( although we have refunded in cases where the item in defective, etc.). This woman became hostile and threatened to go to the CPA, etc..shooting her mouth off saying our case won’t stand in court… Anyways, she got her money but then went into a nearby shop and bought him another toy…The Legos were brought back in good condition, boxes not opened. Just want to know what are her rights and ours in a situation like this? Any advice in case a similar one arises in the future. Thank you

     
    • oostcomeyerdewaal

      23/02/2015 at 12:29 pm

      According to section 55(6)(a) & (b) whereby the consumer has been expressly informed that particular goods were offered in a specific condition, and has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition and were fully aware of the exchange policy, such consumer shall not be entitled to a refund.

       
      • Irene

        12/03/2015 at 12:39 pm

        I have a problem with this when taking into account that a buyer is also entitled to fair practice i.e. Suppliers are not permitted to market, supply or enter into an agreement to supply goods or services at prices or TERMS (which presumably would include their Refunds policy) that are unfair, unreasonable or unjust.
        When one buys an item as a gift from a specialist shop and it turns out to be inappropriate or a duplication for the recipient of the gift, then surely one should be able to obtain a refund in cash/reversal of card transaction if the item is of a non-hygienic nature, returned unused, within the specified returns period & in it’s original packaging and there is nothing in the store that the buyer can use.
        Surely the store has not been detrimentally affected in any way and a refund/reversal of a card transaction would be fair under those circumstances?

         
      • oostcomeyerdewaal

        13/03/2015 at 8:14 am

        Hi Irene

        Please refer to the CPA and the various responses previously given to various people. Should you require us to provide you with our opinion on the matter, please contact our offices on 0214610065 to obtain a fees quote. Regards Debbie

         
  17. Kerry

    11/06/2015 at 10:44 am

    Hi

    What is the default regarding the no refunds or no returns policy? I bought a very expensive range of cosmetics from a very overbearing and pushy salesman – in other words he was an excellent salesman🙂 yesterday. When I got home I Googled the range only to find page after page of dreadful reviews from both customers as well as dermalogical reports which claim the brand is very low quality and does not do what they claim.

    Nowhere does the shop state that there is a no returns or refund policy. It was not on display in the shop and does not appear on their invoice. I only mention this because the reviews all complained about the no return or refund policy.

    I want to take the range back due to the dermalogical reports. I am happy to pay for a good brand but not a sub-standard one. If they refuse (as I am expecting, if the reviews are correct) what is my recourse if this fact is not advertised, or clear to customers? Should they have mentioned their policy or is it my responsibility to have asked?

    Thank you
    Kerry

     
  18. Vickash Bhana

    25/08/2015 at 1:24 pm

    Hi there , i bought a new car from chrysler in march, 2015, first i had a problem with the setting for mirrors and seats , gave it in, they said sorted but was not done, then a fuel filter leak, gave in , sorted ,on 10 august the gear box packed in , van doing 15000 km , can i return van or what can i do. Its 25 th august ,nothing done.

     
    • oostcomeyerdewaal

      26/08/2015 at 3:40 pm

      Hi Vickash

      We draw your attention to our previous comments regarding the CPA where relevant. Please feel free to contact us on commercial@oostco.co.za should you wish to receive a quote for an answer to your specific enquiry. Regards Debbie

       
    • oostcomeyerdewaal

      26/08/2015 at 3:40 pm

      Hi Vickash

      We draw your attention to our previous comments regarding the CPA where relevant. Please feel free to contact us on commercial@oostco.co.za should you wish to receive a quote for an answer to your specific enquiry. Regards Debbie

       
  19. Sarita

    06/11/2015 at 9:57 am

    Hi

    I paid money into an education institution. I never attended a course and need to be credited and refunded this. However I need to know if there is anything that keeps them with in a certain time frame that the refund needs to be done. EG. they have told me that it takes a minimum of 3months to be refunded and in most cases takes longer. Now I never did the course. The money has been laying with them since almost the beginning of the year. Is there anything that I can do to get them to pay this within a more reasonable time?

     
  20. Janine

    17/11/2015 at 3:48 pm

    Hi
    I took out a tablet and data contract with a mobile company and 7 months later the tablet failed to power on. I later took the tablet in as it came with a one year warrantee. They are now claiming that the power jack is corroded and it is not covered under the warrantee. The technician said that sometimes the humidity in the air can cause corrosion (water damage) and I can truthfully say that this tablet was nowhere near water. Can I be held liable for the environment? I have complained to their customer services but they are sticking to their guns stating that it is not covered. I now have a year and three months left of this contract that I must pay for but no tablet. They did however offer to replace the tablet at its full cost or refer me to someone that can repair the tablet. Please Advise.

     
    • oostcomeyerdewaal

      17/11/2015 at 4:07 pm

      Hi Janine, as they have offered to replace the tablet, it is in your best interests for them to do so. Regards Debbie

       
  21. Kaydin

    14/03/2016 at 4:58 pm

    Hi There, I need some desperate advise as a seller. I have a client that bought electrical brush from me. I received the funds and so send the items to her. The delivery was delayed by me as my son was ill and admitted to hospital. I did advise my client of the situation and for all I knew she was ok with that and very understanding. I then advised my client on the 9th Feb 2016 that I have sent the items to her and that she should expect delivery. I also asked her to advise me once she got the product. I never received any feedback from her until the 22 Feb 2016 when she advised me that she wants a refund as she had resold the electrical brush and her client wanted her money back. I advised my client that I will only be able to give her a refund once I received the parcel back. Until today I have not received anything and yet she continues to harass me for a refund. Am I wrong should I just pay the money back. She did apparently refuse to sign delivery and according to her her child is not in school and she is holding me liable for that to as she had pay the refund to her client. I am really confused what should I do as a seller?

     
    • oostcomeyerdewaal

      14/03/2016 at 6:06 pm

      you need to establish what happened to the parcel – did your client take delivery even though she refused to sign for it? If so, the item needs to be returned to you in the condition it was delivered, before a refund is made.

       
  22. Lesedi Masisi

    17/03/2016 at 10:34 am

    I bought a vehicle last year October realized that it had a latent defect. Took it for repair, after some time same problem. Then took the matter to Ford South Africa and was asked to go to another Ford workshop for repair. They found negligence on the car. The previous dealer has used insulation tape where they were not supposed to. The workshop sent me back to the previous dealership. They tried for the second time to repair. They failed, i also went for the third time and they failed. I then took the matter to the Motor Industry Ombudsman. They rulled that the vehicle be replaced according to my request and based on section 56 and section 20 of the CPA. Now the dealership complained that they did not have enough time to respond. When i tell this to the MIO they say the rulli still stands and i have 31 days to return the car. I sent e-mail to the dealership and they are quiet. I was told that they will calculate the cost of usage and the longer i remain with the car that cost will increase. What can be done in this case? and how can i get assistance on how the cost of usage is done, i was only told they will use SARS rates.

     
    • oostcomeyerdewaal

      17/03/2016 at 10:38 am

      Hi Lesedi

      It would be best for you to discuss this with the Motor Industry Ombudsman as they already have all the details of the matter. Thanks Debbie

       
  23. M.Muller

    04/04/2016 at 4:16 pm

    Hi,

    I hope you can advise on this matter. The air flow meter in my Isuzu bakkie failed causing the engine to intermittently misfire and cut out. This problem becomes progressively worse as it fails.
    I bought a replacement air flow meter on line from a cape co. that was sold to me as an original part. It worked fine for about 3 months and then started causing the engine to miss and cut out just as the original faulty part had been doing.
    I have emailed the salesman to ask for a refund on this within the 6 month period as I am not prepared to fit another of these as they are clearly sub standard. I have had no reply from them.
    I have bought a genuine original part from the agents and the engine worked perfectly as soon as it was fitted, proving that it was that part that was faulty.
    Can you advise if this is a valid claim under the CPA?

    Kind Regards,

    Michael Muller

     
    • oostcomeyerdewaal

      04/04/2016 at 4:29 pm

      Hi Michael

      I would suggest that you contact the company telephonically and speak to the person in charge. Alternatively go to their premises to obtain closure. Naturally you would need to first check the terms and conditions of the sale. You do not mention how long you have had the new part and whether after 3 months it is still working perfectly (you say the previous part became faulty after 3 months).

       
  24. Joss Perold

    06/04/2016 at 12:59 pm

    Hi, I bought an item from Takealot and it broke within the first six months, they replaced it which is what I asked for. It has subsequently broken again. Now its within a year of the initial purchase, but obviously out of the first 6 months since initial purchase. But it is a brand new item so does that 6 months reset? They have offered to give me my money back because they do not have the item in stock, and aren’t getting again. BUT the item was on special so I am now getting much less value than what I originally got. Is this right, or is there some sort of recourse.

     
    • oostcomeyerdewaal

      22/04/2016 at 9:44 am

      It is doubtful that you would be successful in obtaining a refund for more than you paid for the item.

       
  25. Louis

    26/04/2016 at 4:29 pm

    Hi
    Had a customer buying a bed from my store
    She bought it cash. She asked for the bed not
    To be delivered as she would let us know when.
    A few days later she came back asking for
    A refund as her husband had already
    boughten a bed somewhere els. Our policy
    Is No Cash Refunds but her bed is still in-store, what are my rights?

     
    • oostcomeyerdewaal

      26/04/2016 at 5:28 pm

      Hi Louis

      You may read all previous correspondence regarding the CPA, which is freely available on the blog and internet. Feel free however to email me on debbie@mdwinc.co.za for a quote to advise you. Regards Debbie

       
  26. Louise Ynclan

    10/08/2016 at 3:57 pm

    Hi I signed up for a one-year online course in art therapy at the end of June 2016 and paid a deposit of R1600.00. The total cost of the first year course is R12600. At the cost of an additional R100, I was supplied with a a 22 page document which is the only course content I have received so far. I also received a letter with my 4 assignments for the year and a list of books I will need to purchase at the cost of an additional R2000. I was not happy with the quality of the course material and the fact that the actual course material has to be purchased over and above the price paid for the course, and requested cancellation of my registration and a refund of the deposit. I have been told the deposit is non-refundable. I have tried to ascertain what further course material will be sent and what dates, but have been advised this information is only forthcoming as I proceed with the course. I feel that the service provided so far does not justify keeping my deposit what are my rights in this?

     
    • Meyerdewaal

      15/08/2016 at 2:03 pm

      Hi Louise, you may read all previous correspondence regarding the CPA, which is freely available on the blog and internet. You may also approach the ombudsman for clarity. Feel free however to email me on debbie@mdwinc.co.za for a quote to advise you further. Regards Debbie

       
  27. sonika

    11/08/2016 at 12:20 pm

    Hi, I was in a shop yesterday and bought cushion cover inners in the size 50cmx 50cm. When I went home they were too small to fit 50×50. They actually fit 40×40. I requested my money back. But they want to give me a credit note. Am I entitled to fill cash back?

     
    • Meyerdewaal

      15/08/2016 at 2:03 pm

      Hi Sonika, you may read all previous correspondence regarding the CPA, which is freely available on the blog and internet. You may also approach the ombudsman for clarity. Feel free however to email me on debbie@mdwinc.co.za for a quote to advise and or assist you further. Regards Debbie

       

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