126.96.36.199.7 The consumer’s right to return goods In terms of section 20, a consumer may, in certain circumstances, return goods to the supplier within 10 business days after delivery to the consumer. This does not replace the right that every consumer has in respect of the return of unsafe or defective goods, or any other right that exists between a supplier and consumer for the return of goods for a refund. The consumer may return goods to the supplier and receive a full refund for consideration paid for those goods, if the supplier has delivered - Page 514 goods to the consumer in terms of an agreement arising out of direct marketing and the consumer has rescinded the agreement during the cooling-off period in terms of section 16 (see paragraph 188.8.131.52 ) goods that the consumer did not have an opportunity to examine before delivery and the consumer has rejected delivery in terms of section 19 (see paragraph 184.108.40.206.6 above) goods intended to satisfy a particular purpose communicated to the supplier and within 10 business days after delivery to the consumer, the goods have been found to be unsuitable for that particular purpose. Goods returned in the case of (a) must be returned to the supplier at the consumer’s risk and expense. Goods returned in the case of (b) and (c) must be returned to the supplier at the supplier’s risk and expense. Goods may not be returned to a supplier if for reasons of public health, a public regulation prohibits the return of those goods. They may also not be returned to a supplier if the goods have been partially or entirely disassembled, physically altered, permanently installed, attached or added to other goods or property.
(a) (b) (c) (d) The supplier may impose a charge if the goods were opened and the packaging damaged. If, however, the goods have not been opened and are still in their original packaging, the consumer may not be charged anything. Where the goods were opened but repacked in their original packaging, the supplier may charge a reasonable amount for the actual use of the goods or any consumption or depletion of the goods, unless this was necessary to determine whether the goods were acceptable to the consumer. 220.127.116.11.8 Unsolicited goods or services In terms of section 21, goods or services may become ‘unsolicited’ under the following circumstances, subject to requirements in subsection 2: If during direct marketing of goods or services, the supplier left goods with or performed services for a consumer without requiring or arranging payment for them, the goods or services are unsolicited. If a consumer is a party to an agreement in terms of which goods must be delivered periodically during the life of the agreement and (i) during the course of the agreement the supplier introduces goods or services that are materially different from the goods or services previously supplied or (ii) after the termination of that agreement the supplier delivers further goods or services to the consumer, the new or further goods are unsolicited.
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