Consumer Rights Under the CPA: Refunds, Returns and Cancellations

This page explains your rights as a consumer under the Consumer Protection Act 68 of 2008 (the CPA) when goods or services go wrong: who the Act covers, what the repair, replace or refund warranty actually promises, what it does not promise, and where to complain if a supplier will not put things right.

Information last verified on 23 July 2026. This page provides general legal information about South African consumer law and does not constitute legal advice on an individual case.

Who the CPA Protects

The CPA protects a "consumer" in a "transaction" with a supplier acting in the ordinary course of business (section 1). An individual buying goods or services for personal use is always covered, whatever the price. The Act's R2,000,000 threshold (Government Gazette 34181, 1 April 2011) does not affect ordinary people at all: it excludes only a juristic person consumer, such as a company, whose own asset value or annual turnover equals or exceeds that figure (section 5(2)(b)). A small company buying from a supplier remains covered. The Minister is required to review this figure at least every five years (section 6(1)); no newer gazette notice updating it has been located, so treat R2,000,000 as the last confirmed figure rather than a recently revised one.

The Act also does not apply to a transaction with the State, to certain Ministerial industry exemptions, or to employment contracts and collective bargaining under labour law (section 5(2)). Where a purchase is financed by credit, the credit terms fall under the National Credit Act, but the underlying goods or services can still carry CPA quality rights.

The Implied Warranty: Repair, Replace or Refund Is Your Choice

Section 55 gives every consumer a right to goods that are reasonably suited to their intended purpose, of good quality, in good working order, free of defects, and durable for a reasonable time. Where goods fail that standard, section 56(2) gives you six months from delivery to return them to the supplier, at the supplier's risk and expense, and the supplier "must, at the direction of the consumer", either repair or replace the goods, or refund the price paid. The election is yours, not the supplier's.

If a repair itself fails, section 56(3) adds a further protection: if the same failure, defect or unsafe feature is not fixed, or a new one appears, within three months of that repair, the supplier must replace the goods or refund the price. This subsection does not use the "at the direction of the consumer" wording that section 56(2) uses, so it is framed as a mandatory supplier duty rather than an explicit consumer election, though in practice suppliers generally let the consumer choose. A separate section 57 warranty covers any repair or maintenance job on its own terms: a service provider must warrant new or reconditioned parts, and the labour to install them, for three months after installation, regardless of whether the repair was carried out under section 56. None of these rights displace any other warranty, common-law right, or express warranty the supplier offers (section 56(4)).

Section 54 gives a comparable right for services themselves: if a service is not performed to the required standard, you may require the supplier to either remedy the defect or refund a reasonable part of the price, again framed as something you can require, not something the supplier chooses unilaterally.

No Contracting Out of Your Rights

Section 51 stops a supplier from making a transaction subject to any term that tries to waive or deprive you of a right under the CPA, avoid the supplier's obligations under the Act, or otherwise override the Act's effect. A shop cannot print "no refunds" on a till slip or a sign and have it override sections 55 and 56. The Act's own as-is mechanism is narrow: section 55(6) only removes the section 55 quality guarantee where the consumer was expressly told the goods were offered in a specific condition and expressly agreed to accept them in that condition. A general "sold as seen" notice does not meet that bar; it needs a specific, disclosed defect and a specific, informed agreement to accept it.

Private Sales and Voetstoots

The CPA's protections apply only to a "transaction" with a supplier acting in the ordinary course of business (section 1). A private, casual, once-off sale between individuals, such as one neighbour selling a personal car to another, is not a transaction in that sense, so the CPA (including the section 55 and 56 warranty) does not apply to it at all. The common-law voetstoots doctrine, meaning the buyer takes the goods as they find them, subject to the seller's duty not to actively hide a known defect, continues to govern that kind of sale unaffected by the CPA.

This creates a genuine two-track position, not a single rule. A business seller acting in the ordinary course of business cannot rely on a blanket voetstoots clause to escape the section 55 and 56 warranty, because section 51 bars contracting out of it; the seller's only as-is route is the narrow, disclosure-specific section 55(6) exception described above. A private seller, by contrast, sits outside the CPA entirely, and ordinary voetstoots principles apply.

What the CPA Does Not Give You: No General Change-of-Mind Right

Section 20 gives a right to return goods, but it is a closed list of specific trigger events, not a general "return for any reason" right. It applies where you rescinded a direct marketing purchase under section 16, where you had no opportunity to examine goods before delivery and rejected them under section 19(5), where you refused part of a mixed delivery under section 19(8), or where goods bought for a disclosed particular purpose prove unsuitable for that purpose within 10 business days of delivery. If goods are returned unopened in their original packaging within that window, no charge may be levied; if they have been opened or used, the supplier may charge a reasonable amount for use or restocking (section 20).

Section 16 is the Act's actual cooling off right, and it applies only to direct marketing transactions, such as a purchase made in response to an unsolicited phone call, SMS or a door-to-door sales visit. You may rescind such a transaction without reason or penalty, in writing, within 5 business days of the later of the agreement being concluded or the goods being delivered, and the supplier must refund you within 15 business days of receiving your rescission notice or the returned goods. This is not a general in-store cooling off period.

Section 17 gives you a right to cancel an advance booking, reservation or order, but the supplier may charge a reasonable deposit and a reasonable cancellation fee, judged against the type of goods or service, how much notice you gave, the supplier's realistic chance of re-selling the slot, and general industry practice. One specific protection worth knowing: a supplier may not charge any cancellation fee where you could not honour the booking because of death or hospitalisation of the person the booking was for or for whose benefit it was made (section 17(5)).

Unsolicited Goods

Section 21 covers goods or services left with you, or added to an existing agreement, without your request or agreement to pay, for example goods dropped off during a direct marketing visit with no arranged payment. You are not required to pay for unsolicited goods, and specific rules govern what happens if you use them or the supplier wants them back.

How to Complain

Start with the supplier directly. If that does not resolve things, the Consumer Goods and Services Ombud (CGSO) is a free, Minister-accredited industry ombud established under section 82 of the CPA. If the CGSO cannot resolve the matter, or your complaint falls outside its scope, the National Consumer Commission (NCC) at thencc.org.za handles CPA complaints and enforcement; use its online complaints channel; the thencc.gov.za address does not resolve. Certain prohibited-conduct matters can go further to the National Consumer Tribunal, though this page does not detail that process.

Related Reading

• Debt and Consumer Law in South Africa
• Your Rights When Debt Collectors Call
• Small Claims Court: How to Claim
• Check whether your claim fits the Small Claims Court eligibility checker
• For the wider picture, see the South Africa Laws hub

This page is general legal information about South African law and is not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa on 0800 110 110 if you cannot afford one.

Frequently Asked Questions

Can I return something to a shop in South Africa just because I changed my mind?

Not as a general right. The Consumer Protection Act does not create a blanket change of mind return right. A return right only arises from specific triggers, such as cancelling a direct marketing purchase within 5 business days (section 16) or goods bought for a disclosed purpose that turn out unsuitable within 10 business days (section 20). Many stores offer a voluntary change of mind policy on top of the law, but that is the store's own policy, not a CPA entitlement.

If goods I bought are defective, who decides whether I get a repair, a replacement or a refund?

You do. Section 56(2) of the Consumer Protection Act gives the supplier a duty to repair, replace or refund defective goods within six months of delivery, and the Act specifies this happens "at the direction of the consumer". A supplier that insists on choosing the remedy for you is not applying the Act correctly.

Does the CPA protect me when I buy something second-hand from a private individual, such as a car advertised on a classifieds site?

No. The CPA only applies to a transaction where the supplier is acting in the ordinary course of business. A private, once-off sale between two individuals falls outside that definition, so the implied warranty in sections 55 and 56 does not apply, and the common-law voetstoots position continues to govern that sale.

Can a business avoid giving me a refund by selling something to me "voetstoots"?

Generally no. Section 51 stops a supplier from contracting out of your CPA rights, so a blanket voetstoots or "sold as is" clause cannot defeat the section 55 and 56 warranty when the seller is acting in the ordinary course of business. The Act's own narrow exception, section 55(6), only applies where the supplier expressly told you about a specific defect and you expressly agreed to accept the goods in that condition.

What can I do if a supplier and the CGSO cannot resolve my complaint?

You can escalate to the National Consumer Commission through its online complaints channel at thencc.org.za. Certain matters can go further to the National Consumer Tribunal, though this page does not go into that process in detail.

Does the CPA apply if I buy equipment for my small business?

Generally yes. The CPA excludes only a juristic person, such as a company or close corporation, whose own asset value or annual turnover meets or exceeds R2,000,000 (Government Gazette 34181, 1 April 2011). A small business below that size, and any individual consumer regardless of size, remains covered.