Consumer Rights When Buying Goods or Services

You paid good money, and the fridge stopped working after a month. Or the builder left the job half done. Or the shop says "no refunds" and shrugs. It is frustrating, and many people just give up. You often have more rights than you think.

What is happening

The Consumer Protection Act 68 of 2008 (CPA) protects people who buy goods and services from businesses in South Africa. Some key rights:

• Safe, good quality goods. Goods must be reasonably suitable for their purpose, of good quality, and free of defects. For six months after delivery there is an implied warranty. If a product is defective in that time, you may choose whether the supplier repairs it, replaces it or refunds you. If a repair does not fix the problem within three months, you can usually ask for a replacement or refund.
• Quality service. Services must be done on time, in a proper and skilful way, with good quality materials. If not, you can ask the supplier to fix it or refund a reasonable part of the price.
• Cooling-off. If you bought something through direct marketing, such as a door-to-door or phone sale, you can usually cancel within five business days. Many online purchases have a seven-day cooling-off period under the Electronic Communications and Transactions Act.
• Fair terms. A "no refunds" sign does not remove your rights for defective goods.

These rights have limits. Normal wear and tear, misuse, or simply changing your mind about a product bought in a shop are usually not covered, unless the shop has its own return policy.

Signs to notice

• A product broke or stopped working within six months, without misuse.
• The supplier only offers repair and will not let you choose.
• A service provider did poor work or did not finish.
• You were pressured into a contract at your door or over the phone.
• The shop relies on a "no refunds" sign for a faulty item.
• You feel you have been sent from one person to another with no answer.

30-second self-check

Answer yes or no to each question.

• Did the problem appear within six months of buying?
• Do you have a till slip, invoice or proof of payment?
• Did you use the item normally and as instructed?
• Has the supplier refused, ignored or delayed your request?
• Is the amount large enough to affect your budget?
• Did you buy through direct marketing or online in the last week?

0-1 yes: Your case may be weaker, but it is still worth asking politely in writing.
2-3 yes: You likely have a reasonable complaint. Put it in writing and escalate if needed.
4 or more yes: You have a strong basis to insist on your rights. Use the complaint builder and escalate to an ombud if the supplier does not respond.

What you can do next

• Today: Gather your proof of purchase, photos of the defect, and any messages. Stop using the item if it is unsafe.
• This week: Complain in writing to the supplier, say what is wrong, and state whether you want a repair, replacement or refund. Give a clear date for a reply.
• This month: If there is no fair response, escalate to the relevant ombud or consumer body, attaching your records.
• Keep a simple log: dates, names of people you spoke to, and what they said.
• For small amounts, the small claims court is another option, with no lawyers and low costs.

Your tool

Consumer Complaint Builder - helps you put together a clear, firm written complaint with the facts, the right you are relying on, and what you want, ready to send.

When to get professional help

Get help if the amount is large, such as a car, building work or furniture on credit, if the supplier threatens you, or if you have signed a contract you do not understand. Credit agreements also fall under the National Credit Act, which has its own rules.
Who can help: attorney_consumer, legal_aid_sa, attorney_general

Getting help in South Africa

Start with the supplier. If that fails, industry ombuds can help for free, for example the Consumer Goods and Services Ombud for most retail goods and services, and the Motor Industry Ombudsman of South Africa for vehicles. The National Consumer Commission and your provincial Office of the Consumer Protector deal with complaints and bad business practices. Small claims courts at magistrate's offices hear smaller money claims. Legal Aid South Africa (legal-aid.co.za) may assist if you qualify.