Cooling-Off Period in South Africa: Your Right to Cancel Within 5 Days
Section 16 of the Consumer Protection Act 68 of 2008 gives you the right to cancel any purchase made as a result of direct marketing within 5 business days, with no penalty and no reason required. This cooling-off right applies whenever a supplier approaches you unsolicited – by phone, at your door, by SMS, or via email – and you agree to a purchase during or immediately after that contact.
What Is Direct Marketing Under the CPA?
Direct marketing is defined in the CPA as any approach by a supplier or their agent, initiated by the supplier, in which goods or services are offered or advertised directly to a consumer outside of a fixed business premises. This includes door-to-door sales, telemarketing calls, SMS offers, and email promotions sent without prior request.
It does not cover purchases you initiate yourself by visiting a store or browsing an online shop.
To cancel, notify the supplier in writing within 5 business days. An email, WhatsApp message, or letter all suffice. Keep a record of when and how you gave notice.
The 5 Business Day Cooling-Off Right
If you agree to a purchase during or as a direct result of a direct marketing approach, you may cancel that agreement within 5 business days of receiving the goods or signing the agreement, whichever is later.
- No reason is required – you may cancel for any reason at all
- No cancellation penalty may be charged
- Any deposit or advance payment must be refunded in full
- You must return any goods received (the supplier must collect them at their cost)
- The 5 days are business days – weekends and public holidays do not count
The 5-day cooling-off period under Section 16 applies specifically to direct marketing. It is different from a store's own returns policy. Do not confuse it with the 6-month warranty on defective goods under Section 56.
How to Exercise Your Cooling-Off Right
- Calculate 5 business days from the date you received the goods or signed the agreement.
- Send written notice of cancellation to the supplier before the deadline. State clearly that you are cancelling under Section 16 of the Consumer Protection Act.
- If goods were delivered, make them available for collection. The supplier bears the cost of collection.
- Request a full refund in writing. The supplier must process the refund promptly.
- If the supplier refuses or ignores you, lodge a complaint with the NCC at ncc.org.za or call 012 428 7000.
Other CPA Cancellation Rights
The CPA also provides cancellation rights in other contexts. For fixed-term consumer agreements (such as a gym membership or service contract of up to 24 months), you may cancel with 20 business days' written notice. The supplier may charge a reasonable cancellation penalty but may not charge you the full remaining contract value.
- Fixed-term agreements: 20 business days' notice, reasonable penalty allowed
- Advance bookings and reservations: cancellable, supplier may charge reasonable fee
- Direct marketing purchases: 5 business days, no penalty
- Online purchases from a supplier who approached you: may attract the Section 16 right