As businesses continue to rebuild in the wake of the Covid-19 pandemic, consumers have found themselves in a favourable position. Retailers and service providers are offering discounts, bundle deals, and loyalty incentives in an attempt to regain market share. But while these bargains may seem like a win for your wallet, they often come with terms that aren't always clear at checkout.

This has led to an increase in refund requests just days after purchase—sometimes due to faulty goods, other times because a better deal was found elsewhere, or simply because the consumer changed their mind. But what are your actual rights? How do I get a refund if the product isn’t what I expected—or if I’ve just had second thoughts?

The Consumer Protection Act South Africa (Act 68 of 2008) outlines the circumstances under which a refund, repair or replacement may be demanded. However, it’s important to understand that not every return will qualify. The Act, often referred to as the protection of consumers act, aims to balance consumer rights with fair business practice. There is no automatic right to a refund in all situations, which makes it crucial to read a seller’s return policy before buying—especially during a promotional sale.

When Are You Legally Entitled to a Refund?

The Consumer Protection Act provides clear guidance on when a consumer may request a refund—but each situation carries its own conditions. Below are the most common circumstances where refunds may be legally justified under the Consumer Protection Act South Africa.

1. Goods Purchased Through Direct Marketing

If a product was sold to you through direct marketing—for example, a cold call, SMS promotion, or unsolicited doorstep offer—you have the right to cancel the agreement within five business days of receiving the goods or signing the agreement. This is known as the cooling-off period.

The refund is only enforceable if the consumer notifies the supplier in writing within the allotted time. This protection is especially important when goods were bought without the opportunity to compare or evaluate options.

2. Online Purchases Without Prior Inspection

Online shopping surged during the pandemic, and many purchases now happen without the buyer ever seeing or touching the product. If you receive an item that differs materially from what was advertised, or if it is not fit for the intended purpose, you have the right to return it.

In such cases, the protection of consumers act entitles you to a refund, provided the return is made within seven days of receiving the goods, and the item is unused and in its original condition (unless faulty).

3. Products That Are Not Fit for Purpose

Section 56 of the Act provides for an implied warranty of quality. This means all goods sold must be:

• Of good quality;
• In working order;
• Free of defects;
• Fit for the purpose for which they were purchased.

If this standard isn’t met, you are entitled to return the item within six months for a refund, repair, or replacement—at your discretion. This provision applies whether the item was bought in-store or online.

Refund Timeframes and the Importance of Policy Awareness

Even when the Consumer Protection Act South Africa supports your right to a refund, it’s vital to act within the legally allowed timeframes. Depending on the situation, that could be:

• 5 business days after direct marketing;
• 7 days for certain online purchases;
• 6 months for goods that fail the implied warranty of quality.

Retailers are expected to make their refund and return policies clear—whether on till slips, receipts, or signage. Still, many consumers overlook the fine print until it’s too late. Understanding these policies upfront can save time, frustration, and unnecessary expense, especially when trying to answer the common question: how do I get a refund?

Van Deventer & Van Deventer Inc. – Legal Guidance for Consumer Protection

If you’re unsure about your rights under the Consumer Protection Act or need help enforcing them, we provide legal advice on a wide range of consumer matters. From return disputes to supplier accountability, we’ll help ensure your rights are upheld under the protection of consumers act.

Contact us.