Consumer Protection Act query - returning iron to PnP

blunt

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Last Friday the maid screwed up our iron, so I had to pop down quickly to PnP to get a new one, R149 cheapie came back the maid tried it out and said it's junk, takes 10 mins to iron something, doesnt steam nicely, etc.

Today I went to PnP to return it, but they said if it works you can't return it.

I know if it were takealot for example they'd accept the return no questions asked. Is this something that PnP is obliged to do according to the CPA or do I just chuck it in the drawer as a last resort?
 
Last Friday the maid screwed up our iron, so I had to pop down quickly to PnP to get a new one, R149 cheapie came back the maid tried it out and said it's junk, takes 10 mins to iron something, doesnt steam nicely, etc.

Today I went to PnP to return it, but they said if it works you can't return it.

I know if it were takealot for example they'd accept the return no questions asked. Is this something that PnP is obliged to do according to the CPA or do I just chuck it in the drawer as a last resort?
You have 14 days to return anything and IP ton6 months tonget a refund if there is a problem. Clearly there is a problem. The CUSTOMER elects how the issue is dealt with in the first 6 months.
Go back and tell them it does NOT heat properly and you would like to exchange for a different one or a refund
 
You have 14 days to return anything and IP ton6 months tonget a refund if there is a problem. Clearly there is a problem. The CUSTOMER elects how the issue is dealt with in the first 6 months.
Go back and tell them it does NOT heat properly and you would like to exchange for a different one or a refund
Nonsense.

PnP are well within their rights on this unfortunately. If the product is not defective, they have every right to refuse a refund.

Even if the product is defective, they still have the ability to get the product assessed to determine if the defect is a result of factory defects or consumer abuse. If it's determined that's it's as a result of consumer abuse, they are under no obligation to refund,repair or credit you at all.
 
Nonsense.

PnP are well within their rights on this unfortunately. If the product is not defective, they have every right to refuse a refund.

Even if the product is defective, they still have the ability to get the product assessed to determine if the defect is a result of factory defects or consumer abuse. If it's determined that's it's as a result of consumer abuse, they are under no obligation to refund,repair or credit you at all.
Consumer abuse is a different scenario.
3 options in first 6 months, refund, replace or repair as per the customers requirement including a 5 day cooling off in many cases
 
Consumer abuse is a different scenario.
3 options in first 6 months, refund, replace or repair as per the customers requirement including a 5 day cooling off in many cases
Nonsense unfortunately. CPA doesn't cover buyer's remorse ( which this is as the product is not defective) and 5 Day cooling off only applies to direct marketing purchases.
 
supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable. [data:image/svg+xml;charset=utf-8,<svg height="300px" width="177px" xmlns="http://www][https://www-schoemanlaw-co-za]When constructing these terms and conditions, it is important to keep the provisions of the Consumer Protection Act (the CPA) in mind, as they apply irrespective of the store refund policy. There are a number of sections in the CPA that allow goods to be returned by a customer, but it is important to note that there is no general right of return.
Implied Warranty of Quality
Section 56 of the CPA imposes a built-in or automatic warranty that all goods sold should comply with the requirements listed in Section 55, namely:
• that they are reasonably suitable for the purposes for which they are generally intended;
• that they are of good quality, in good working order and free of any defects;
• that they will be useable and durable (i.e. will last) for a reasonable period of time;
• that they comply with the Standards Act No. 24 of 1945 or other applicable public regulations; and
• that they are reasonably suitable for the specific purpose that the consumer wants to use them for.
If the goods do not meet the requirements set out in Section 55, the customer can return them at the supplier’s risk and expense and without penalty. Further, the customer can elect to have the goods repaired, replaced or get a full refund of the original price paid.
 
CPA has always been a bit of a grey area for most. It either isn't clearly defined, or retailers have found some way of changing the wording to suit themselves.

My only experience with a failed CPA was when I bought a new mouse from BT games in Eastgate. I asked to try it out to see if the shape/weight was what I was looking for, and they refused saying they weren't allowed to open any packaging. Fair enough, I'd return it for an exchange after testing if it wasn't suitable later that day, I said, as I was effectively making a blind purchase. Assistant said fine, and I was on my way.

Got home, took it out the box, and found I didn't like the shape nor weight (didn't take it out of the plastic cover nor did I even unravel the cabling). Packed it up, and went back to the store.

Was later in the day, and the assistant that sold it to me wasn't there. Spoke to a different guy, who outright refused to exchange it, because of anti-piracy rules because they sell games. I was like dude, I didn't pirate the mouse. Still refused, saying it applied to everything in the store - sort of a blanket statement, no exchanges on any items, I can check the receipt, it says so on the back. I quote the CPA, which overrides any company's returns policy within reason, stating that I was unable to test the product in store, so had no way of knowing what I'd bought was what I actually wanted. I ask for the manager, who gives me the same bullshit story. Start losing my ****, and a friend of mine who works in the centre walks in, who just so happens to be friends with the franchisee - he says not to worry, he'll sort it out. The next day I had a different mouse.
 
It can be a pain at times but generally they do follow the 2010 act. I had an issues at Makro and I think they actually had a board up behind the counter basically opposite of the cpa and I asked for manager and discussed with him a d asked why makro would opt for the opposite of the act and inguess he wasnt in the mood on a Saturday and did an exchange on a 6 week old item giving intermittent issues
 
supplier of goods usually dictates the terms and conditions of sale and includes the returns policy applicable. [data:image/svg+xml;charset=utf-8,<svg height="300px" width="177px" xmlns="http://www][https://www-schoemanlaw-co-za]When constructing these terms and conditions, it is important to keep the provisions of the Consumer Protection Act (the CPA) in mind, as they apply irrespective of the store refund policy. There are a number of sections in the CPA that allow goods to be returned by a customer, but it is important to note that there is no general right of return.
Implied Warranty of Quality
Section 56 of the CPA imposes a built-in or automatic warranty that all goods sold should comply with the requirements listed in Section 55, namely:
• that they are reasonably suitable for the purposes for which they are generally intended;
• that they are of good quality, in good working order and free of any defects;
• that they will be useable and durable (i.e. will last) for a reasonable period of time;
• that they comply with the Standards Act No. 24 of 1945 or other applicable public regulations; and
• that they are reasonably suitable for the specific purpose that the consumer wants to use them for.
If the goods do not meet the requirements set out in Section 55, the customer can return them at the supplier’s risk and expense and without penalty. Further, the customer can elect to have the goods repaired, replaced or get a full refund of the original price paid.
Probably fails this point. The question there is whether other R150 irons are similar in quality, if yes, no argument as it's "reasonable" for its price bracket.
 
I am sure they are. But they should be willing to fonfor exchange and you pay the difference for a better one. Go to a different branch if you have to
 
Well I complained on HelloPeter and the store manager phoned me today saying that the staff should know to provide a refund/exchange in my case and that I can get a full refund.
 
it was R149
put it back neatly in the box you bought it in
add gift wrap
and a little bow
now wait for that horrible family member (mother in law comes to mind) birthday and voila you have already purchased the perfect gift to pee someone off :ROFL:
Well played Sir, well played :thumbsup:
 
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