Tito* bought a new home theatre system with a 2-year warranty for his family. It’s two weeks later and the speakers have stopped working. But when Tito went back to the store to report the fault, they told him that the speakers were not their problem – the only thing they would fix for him was the subwoofer. What are Tito’s legal rights in this situation?
Scorpion Legal Protection’s advice
The law that applies to Tito’s situation is the Consumer Protection Act (CPA), No 68 of 2008. This act outlines key consumer rights that all South African consumers should be aware of.
Those which apply specifically to Tito’s situation are the right to fair value, good quality and safety, and the right to accountability by suppliers.
Consumers are entitled to receive goods or services that are of good quality, in good working order and free of any defects. They also have the right to implied warranty of quality. This means that the goods being sold comply with the requirements and standards of being safe, of good quality and durable. Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods if the goods are of inferior quality, unsafe or defective. Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods.
Tito can demand that the store refunds him the money he paid for the entire system or repairs or replaces the defective home theatre system he bought. If they refuse, he can lodge a complaint with the Goods and Services Ombudsman or the National Consumer Tribunal (NCT).
Tips:
- Consumers have the right to demand contracts/agreements in easy to understand, plain language. If you don’t understand the terms and conditions of what you’re buying/signing for, rather ask.
- Warranties are null and void if consumers are found to be misusing or abusing goods or property
If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A on 10 January 2019.
* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.