Faulty item from Makro

Xino_sam

Xino_sam

Expert Member
Joined
Aug 22, 2012
Messages
1,798
Reaction score
173
Location
Wild West
Need some advice from CPA guru on MyBB

Bought vacuum cleaner on 2013 / 02 / 09. Darn thing stopped working during this week. Makro return dept. indicates vacuum cleaner must go in for repairs, this may take up to 6 wks. I am not very knowledgeable on these issues in the CPA. Are they right not to replace the faulty one with a new vacuum cleaner, or give me a "voucher" to purchase something else (vacuum cleaner) in store?
 
My friend took a tv back to macro the other day, they also sent it in for repairs but said it will take too long so they gave him a voucher for the full cost of the tv. So he just bought a new tv with the voucher.

Ask them maybe they will give you one as well.
 
The CPA implies a minimum 6 month warranty on new goods. Failure during this time frame grants the consumer the choice of repair, refund or exchange. I'll dig up the relevant bit of the act...
 
HapticSimian said:
The CPA implies a minimum 6 month warranty on new goods. Failure during this time frame grants the consumer the choice of repair, refund or exchange. I'll dig up the relevant bit of the act...
Click to expand...

Section 56...
 
Section 56(2):

Within six months after the delivery of any goods to a consumer, the consumer
may return the goods to the supplier, without penalty and at the supplier’s risk and
expense, if the goods fail to satisfy the requirements and standards contemplated in
section 55, and the supplier must, at the direction of the consumer, either—
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund to the consumer the price paid by the consumer, for the goods.​
 
A consumer has the right in terms of Section 56 of the Consumer Protection Act to request a either a refund, return or repair of defective goods (at the consumer's discretion). There's also a non-derogable 6 month implied warranty on all goods and services in terms of this section.

You should bring it to Makro's attention, failing which you may approach the Consumer Protection Tribunal for resolution



Imraan
(CPA Legal Advisor)
 
I also had something faulty within the first 6 months, except I didn't know about the CPA rules and stuff. They also told me it will be sent away for repairs. About a week or two later they called to say I can come collect my replacement or voucher as it's not repairable.
 
Purply said:
I also had something faulty within the first 6 months, except I didn't know about the CPA rules and stuff. They also told me it will be sent away for repairs. About a week or two later they called to say I can come collect my replacement or voucher as it's not repairable.
Click to expand...

It's not their decision...
 
I have spoken to the store manager, he indicates that their return policy is, if goods failed within 14days after purchase, they give a choice of replacement of goods or refund by means of voucher, if it is >14 days, goods must be returned to supplier in this case Hoover who will check what caused the failure, if it is not due to customer negligence, the customer have a choice of an in store voucher or similar new item. He will see if they can get a faster turnaround / feedback from supplier and it might not take 6 wks.

Thanks all for feedback ;)
 
By the way, lesson learned : never get hoover vacuum cleaner again, second one giving the same problem....:twisted:
 
Xino_sam said:
I have spoken to the store manager, he indicates that their return policy is, if goods failed within 14days after purchase, they give a choice of replacement of goods or refund by means of voucher, if it is >14 days, goods must be returned to supplier in this case Hoover who will check what caused the failure, if it is not due to customer negligence, the customer have a choice of an in store voucher or similar new item. He will see if they can get a faster turnaround / feedback from supplier and it might not take 6 wks.

Thanks all for feedback ;)
Click to expand...

Store policy, quite simply, should not and cannot override legislation. Unfortunately the lackadaisical nature of the South African consumer will afford all and sundry the freedom to continue to do so.
 
HapticSimian said:
Store policy, quite simply, should not and cannot override legislation. Unfortunately the lackadaisical nature of the South African consumer will afford all and sundry the freedom to continue to do so.
Click to expand...

With you on this HapticSimian, I am not taking this without making some waves, I just need to study the CPA before I go to the store on Saturday, I am 100% sure, looking at all the comments here, I will be walking out of the store with a new vacuum cleaner.
 
Xino_sam said:
With you on this HapticSimian, I am not taking this without making some waves, I just need to study the CPA before I go to the store on Saturday, I am 100% sure, looking at all the comments here, I will be walking out of the store with a new vacuum cleaner.
Click to expand...

I am 99% sure that no matter what waves you make, they will not budge on their policy. Straying from policy would be the call of head office, or at least that's what they'll tell you. Merely stating your legal rights means nothing to them. They'd happily play legal-chicken with you...
 
HapticSimian said:
Store policy, quite simply, should not and cannot override legislation. Unfortunately the lackadaisical nature of the South African consumer will afford all and sundry the freedom to continue to do so.
Click to expand...

From what I understand, the store is well within their rights with that policy - the legislation does give the supplier the right to investigate the fault to check if it is caused by negligence or is a genuine fault.

We had this on Consumer watch on our local radio station this morning.

http://www.ecr.co.za/post/dont-be-bullied-into-accepting-a-repair/
 
Last edited:
DJ... said:
I am 99% sure that no matter what waves you make, they will not budge on their policy. Straying from policy would be the call of head office, or at least that's what they'll tell you. Merely stating your legal rights means nothing to them. They'd happily play legal-chicken with you...
Click to expand...

My enamelled cast iron griddle pan would like to differ...

It's likely heavily branch dependent, but I've not had an issue with the 2 or 3 items I've needed to exchange since the CPA came into effect.
 
Glammy said:
From what I understand, the store is well within their rights with that policy - the legislation does give the supplier the right to investigate the fault to check if it is caused by negligence or is a genuine fault.

We had this on Consumer watch on our local radio station this morning.

http://www.ecr.co.za/post/dont-be-bullied-into-accepting-a-repair/
Click to expand...

I'll concede that such an argument can be made, but where items are obviously broken or defective I wouldn't stand for it. Further, to already pave the way to the customer accepting a voucher instead of a refund is just taking the mickey.
 
I bought a weed eater a few months ago. Battery based and the text on the box claimed it could do two football pitches before running out. Well it couldn't even do a small little lawn. I complained via the website over a weekend and Monday morning got a call from my branch to return it for credit. It was used and dirty. No problem at the returns department.

So perhaps use their web site to ask for a return credit?
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X