30.2.4.3.7
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the consumer has rescinded the agreement during the cooling-off period in terms of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 30.2.4.2
)
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
30.2.4.3.6
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.
30.2.4.3.8
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.


You've reached the end of your free preview.
Want to read all 265 pages?
- Spring '16