Tshepi* wanted to treat herself, so she ordered beautiful Peruvian hair from an online store. The woman who owns the online store also runs a salon, so Tshepi was pretty sure the quality of the hair would be good. To her surprise, when she opened the package, the hair inside looked nothing like the hair she ordered – it was terrible quality. When Tshepi called the woman about it, she was told that she can only exchange the hair because she does not give refunds. Azikhiphi! That’s not on! Scorpion Legal Protection explains what Tshepi’s rights are and what she can do.

The Consumer Protection Act

The Consumer Protection Act (CPA) protects consumers from shady suppliers. According to Section 20 of the Act, if you purchased goods before being able to inspect or examine them, then you have the right to do so when the goods get delivered. You should inspect the goods before accepting delivery and telling the courier he can leave, but even if you accept delivery, this still does not mean you are accepting the goods if they have defects and cannot return them. You still have the right to return. This applies to all online suppliers.

If you are not satisfied with the goods or they are different from the goods you ordered or purchased, you can refuse to accept delivery of the goods and can claim a full refund, replacement or to have the goods repaired without penalties or demand that the correct goods be delivered.

The salon owner’s behaviour violates the obligations placed upon her by the CPA. She was not fair and honest in her dealings with the consumer, and she used bait marketing because she misled Tshepi to buy the hair by making false representations that she is selling Peruvian hair when she was not.

The Electronic Communications and Transactions Act

The Electronic Communications and Transactions Act 25 of 2002 can also apply here because the transaction took place within the online platform. You have the right to cancel a transaction within seven days after delivery for any reason without having to pay any penalties.

Can you demand a refund?

Yes, the supplier may not tell the buyer what remedy she can choose by saying she can only exchange the hair and no refund. It is the consumer’s right to choose whether they want a refund, replacement or to get the goods repaired. This applies to most items, but there are certain items that are excluded from this. Certain goods cannot be returned in terms of the CPA if they have been disassembled, physically altered, permanently installed, joined to other goods or property or where return of the goods is not permitted by public health or public regulations, for example, with medication or underwear purchases.

Tshepi can lodge a complaint against the supplier with the Consumer Goods and Services Ombudsman or the National Consumer Commission. She also has the option of instituting a civil claim against the supplier.

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*Cases are based on fictional characters unless otherwise indicated.

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* This is only basic paralegal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.