Like me, you may have moved much of your shopping online. The large array of products to choose from, the ease of purchase, and the delivery to your door (or pickup point if you’re so inclined) is great. But one of the classic risks is buying a product that looks bigger and brighter on the website than in real life.
The Consumer Protection Act prohibits retailers from misleading consumers about any aspect of the product, including its characteristics, price, advantages or uses (section 29). What can a consumer do if a product turns out to be smaller than advertised?
For example, I purchased a cooler bag as my father’s Christmas present. He had wanted a 15 litre bag specifically for outdoor excursions. I shopped around on Takealot and found one I thought would be perfect. See below Description of the product as it appears on Takealot’s website:
“Description
Enjoy Picnic time with your loved ones with no concern of food getting too cold or cold food getting too hot.
…
Features:
– Capacity – approximately 14.8L capacity
– Layered material(s) to achieve a well-insulated interior
– Attached handle and shoulder strap for easy carriage
– Front-side zip and side mesh pocket for easy item access
– Very spacious
– Leak proof
– Food condition preserving
Specifications:
– Material: Cationic oxford fabric, pearl cotton, PEVA locking film
– Dimensions: 45 x 30 x 25cm”
Most consumers, like myself, would look at this advert, glance over the description, select the colour, and pay for it. The description stated 14.8L capacity (despite the heading stating 15L) and the dimensions appear generous. The problem is that when the gift was opened at Christmas, it was nowhere near the dimensions or the capacity that Takealot stated. Below is a picture of the bag in comparison to a 15L bucket:
Big difference! Frustratingly I had to leave my father disappointed and return the product. My experience was that it was a simple and fairly quick process with Takealot- log in to your account, go to “My Account”, click on “Returns” and then they explain the 5-step process which follows. Click on “log return”- their system allowed me to upload photos showing that that measurements on their description were overstated in respect of the height, breadth and depth of the product.
Takealot sent a driver to collect the package and two days’ later sent me notification that the refund was processed.
Under the Consumer Protection Act, consumers are entitled for a refund or an exchange if the products they receive are not as advertised. Some suppliers may try to fool you by insisting on giving store credit instead of a refund, but consumers are within their rights to demand a cash refund if they so wish.
What is the lesson to be learnt?
- If you’re unhappy with the product that gets delivered, make use of your right to return the product and either get a replacement or refund.
- Look for the information relating to returns on the retailer’s website. If there is none, email them to notify them you wish to return the goods, deliver the goods back to their depot / premises along with a letter enclosing your invoice / delivery note, why you’re returning and your bank details for a refund or your address for delivery of a replacement.
- Always keep the packaging for a while in case you need to return the product- most retailers will ask you to repackage the product when you return it and if you can’t, they may deduct a fee from your refund.
- Send the retailer enough evidence of how their product differs from the description so that it’s clear they need to give you that refund or replacement.
- Follow up if necessary until you get your refund / replacement.
If the online retailer obstructs you from exercising your rights, contact us.
admin@broekmann.co.za / tel. 021 422 0269