CPA question

The_Ogre

The_Ogre

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Does anybody know what the CPA says about asking for an exchange for an unopened product? Friend bought a phone and (wrongfully) assumed the phone has HSDPA. As he walks to the office he reads the box and then realizes it doesnt.

Can he ask the store for an exchange or credit. He's willing to fork out extra for a phone with HSDPA.

Ta
 
No automatic right of replacement unless the phone is faulty.
 
Most reasonable shops will be more than happy to exchange if its unopened.
 
Actually CPA does cover him, if the salesperson specified the product was HSDPA and it's not then it's not fit for the specific purpose and can be returned. It's quite a difficult one to prove though unless you have written correspondence.

http://www.lucidliving.co.za/consumer-protection-act/clarifying-the-cpa-your-rights-part-2/

Again any reasonable retailer shouldn't have an issue, especially is he's willing to pay the difference for a HSDPA one
 
Relevant to your question
http://oostcomeyerdewaal.wordpress.com/2011/08/02/returns-and-refunds-consumer-protection-act-cpa/
"Of good quality and are reasonably suited for the purpose for which they are intended for."
Click to expand...
If within 6 months after a purchase, the goods are found to be in contravention of the above, a consumer is allowed any of the three R’s:

Replacement;
Repair; or
Refund.
Click to expand...
He intended it to have HSDPA and it didnt have it so hes entitled to the 3 R's.

I used the same thing to get a refund for the LG 3d monitor which didn't meet my expectations being blurry and everything.
 
Last edited:
Forgot to update this thread.

He got sorted and they replaced it for an HSDPA phone with him having to pay the difference of course.
 
ichigo said:
Relevant to your question
http://oostcomeyerdewaal.wordpress.com/2011/08/02/returns-and-refunds-consumer-protection-act-cpa/


He intended it to have HSDPA and it didnt have it so hes entitled to the 3 R's.

I used the same thing to get a refund for the LG 3d monitor which didn't meet my expectations being blurry and everything.
Click to expand...

He picked the wrong phone, he didn't ask for one with HSDPA and then got handed one without, it was his own error. No CPA assistance there, but it has been resolved as updated.
 
R13... said:
He picked the wrong phone, he didn't ask for one with HSDPA and then got handed one without, it was his own error. No CPA assistance there, but it has been resolved as updated.
Click to expand...

Oh ok thought he did ask for it guess I read it wrong :D
 
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