Returning Purchased Goods – What the Law Says

The Consumer Protection Act of 2008 (CPA), which came into effect on 1 April 2011, protects consumers from unethical business practices and offers them a channel of legal recourse if they have been treated shoddily. It sets out the conditions under which you can return purchased goods to a supplier.

Under Section 55 of the Act, you have a right to receive goods that are “reasonably suitable for the purposes for which they are generally intended; are of good quality, in good working order and free of any defects; and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put”.

Implied warranties and your right to return goods

Section 56 states that, in any transaction or agreement pertaining to the supply of goods to you, there is an implied provision “that the producer or importer, distributor and retailer each warrant that the goods comply with the requirements and standards contemplated in Section 55 (see above), except to the extent that those goods have been altered contrary to the instructions”.

It further states that, “within six months after the delivery of any goods, you 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. The supplier must, at the direction of the consumer, either repair or replace the failed, unsafe or defective goods; or refund you what you paid for the goods”.

Furthermore, if the supplier repairs any particular goods and within three months of that repair, the defect has not been remedied, or a further defect is discovered, the supplier must replace the goods or refund you.

Section 20 of the CPA says you may also return goods and receive a full refund “if the supplier has delivered goods:

• In terms of a direct marketing agreement, during a five-day cooling-off period;

• That you did not have an opportunity to examine before delivery, and have found the goods to be unsuitable;

• Intended to satisfy a particular purpose communicated to the supplier, and within 10 business days you have found them to be unsuitable for that particular purpose.”

Consumer case files

The 2024/25 annual report of the Consumer Goods and Services Ombud records a number of cases to come before the ombud. In the following two cases, the first was decided in favour of the consumer and the second in favour of the supplier.

Within two months of purchasing a pair of sneakers, Ms A noticed signs of discolouration and breakdown. Given the high price tag, she approached the supplier, but was informed that no refund or replacement would be provided. The supplier explained that the sneakers were made of soft, cracked leather, a material intentionally designed to develop an aged look over time. Furthermore, Ms A’s request had fallen outside their seven-day return and exchange policy.

The ombud highlighted the relevant provisions of the CPA and the consumer’s right to goods that are of good quality, durable and free from defects. With the use of photo evidence provided by the consumer, the supplier accepted the recommendations made by the CGSO and processed a full refund to the consumer.

In the second case, also involving footwear, Ms B bought a pair of shoes for her child, only to discover they were a size too small. She approached the store to exchange the shoes for a larger pair. The store rejected the return on the basis that the shoes displayed signs of wear and tear, which voided their return policy.

The ombud found in favour of the supplier. The report states: “This case underscores a  key misconception about the CPA – specifically, that all purchases come with a general right of return. While a consumer enjoys the right to return goods that do not meet the standards of Section 55, such a right is triggered only if the goods are found to be defective.

“While certain suppliers may provide for an exchange or return [under wider circumstances] as part of their store policy, this is not a guaranteed right. Importantly, the CPA does not obligate a supplier to accept returns in cases where the consumer changes their mind; the product does not fit or is uncomfortable; or the item has been used and is no longer in its original condition.”