TITO* bought a new home theatre system with a 2-year warranty. Two weeks later, the speakers stopped working!
When Tito went back to the store, they told him the speakers were not their problem: the only thing they would fix was the sub-woofer. What are Tito’s legal rights in this situation?
Scorpion Legal Protection’s advice
The law that applies to Tito’s situation is the Consumer Protection Act No 68 of 2008. This outlines key consumer rights.
Those that apply specifically to Tito’s situation are the right to fair value, good quality and safety and the right to accountability by suppliers.
Consumers are entitled to receive goods or services of good quality, in good working order and free of defects. They have a right to implied warranty of quality. This means the goods being sold comply with the requirements and standards of being safe, of good quality and durable.
Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six months after delivery, if the goods are of inferior quality, unsafe or defective. Suppliers are obliged to refund or replace faulty goods.
Tito can demand that the store refund him the money he paid, or repair or replace the defective home theatre system. If they refuse he can lodge a complaint with the Goods and Services Ombudsman or National Consumer Tribunal.
- Consumers have the right to demand contracts/agreements in easy to understand, plain language. If you do not understand terms and conditions of what you are buying/signing, rather ask.
- Warranties are null and void if consumers misuse or abuse goods.
If you have a query, follow us on Facebook and ask your question during our next live Q&A on 10 January 2019.
- This is basic advice and cannot be relied on solely. * Names have been changed to protect identity.
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