Returning Defective Goods in South Africa: Your 6-Month Right
Under Section 56 of the Consumer Protection Act 68 of 2008, you have an automatic right to return defective goods within six months of purchase and demand a repair, replacement, or refund. This right cannot be taken away by a store policy, a warranty disclaimer, or small print in a receipt. If a retailer refuses to assist you, you have clear escalation options.
What Counts as Defective Goods?
Goods are considered defective under the CPA if they are unsafe, have a latent defect (a hidden fault), are not of good quality or in good working order, or are not reasonably suitable for the purpose for which they are normally used.
- Electronic item that stops working within 6 months of purchase
- Clothing with a seam that splits after normal washing
- Appliance that works intermittently due to a manufacturing fault
- Food or cosmetic that causes harm because it is unsafe
- Furniture that collapses under normal use
Your Three Remedies: Repair, Replace, or Refund
When goods are defective within 6 months, you may demand one of three remedies. The supplier has the initial right to choose which remedy to provide.
However, if the supplier chooses to repair the goods and the same defect or a related defect appears again within 3 months of the repair, you are then entitled to insist on a replacement or a full refund. You do not have to accept a second repair.
| Remedy | What It Means | Your Position |
|---|---|---|
| Repair | Supplier fixes the defect at no charge to you | Acceptable unless defect recurs within 3 months |
| Replace | Supplier gives you a new item of the same type and quality | Full reset of 6-month warranty on replacement |
| Refund | Supplier returns the full purchase price | Refund must be in full – no deduction for use |
Keep copies of all communications – emails, WhatsApp messages, and letters. These are essential if you need to escalate your complaint.
Step-by-Step: How to Return Faulty Goods
- Gather your proof of purchase – a receipt, bank statement, or order confirmation is sufficient. You do not need the original packaging.
- Return to the store or contact the online retailer in writing. State clearly that you are relying on Section 56 of the Consumer Protection Act and specify which remedy you want.
- If the supplier refuses or delays, send a formal written complaint to the supplier's customer service or head office, giving them 5 business days to respond.
- If still unresolved, lodge a complaint with the Consumer Goods and Services Ombud (CGSO) at cgso.co.za or call 0860 000 272.
- Alternatively, file a complaint with the National Consumer Commission at ncc.org.za or call 012 428 7000.
A retailer who refuses a return on a genuinely defective item within 6 months is breaking the law. You can report them to the NCC and the CGSO.
What Retailers Cannot Do
- Refuse to accept a return solely because you no longer have the original packaging
- Insist on an exchange voucher instead of a cash refund for a defective item
- Charge you for diagnosing or assessing a defect
- Apply a 'no refund on sale items' policy to defective goods
- Reduce the refund amount because you have used the product normally