Faulty phone or appliance? You have 6 months to demand a refund

If something you bought stops working within six months, the shop has to fix it, swap it or give your money back, and you get to choose which. That is the law under section 56 of the Consumer Protection Act (CPA, s56), and it applies whether the store's own warranty says so or not.

The rule covers phones, fridges, TVs, laptops, cars and most other goods bought from a business. A shop policy of "repairs only" or "no refunds after 7 days" does not override it.

How long do you have to return faulty goods?

Six months from the day the item was delivered to you. Within that window you can return it "without penalty and at the supplier's risk and expense", which means the shop carries the cost of collecting, assessing and fixing it (CPA, s56(2)).

Who chooses: you or the shop?

You do. The Act says the supplier must act "at the direction of the consumer" and either repair or replace the item, or refund what you paid (CPA, s56(2)).

The National Consumer Commission (NCC) issued a formal note in 2023 because so many suppliers were insisting they could pick a repair. It is clear that the shop may offer to repair, but the consumer decides. It also points to a National Consumer Tribunal ruling where a buyer whose car developed an engine fault the day after purchase was entitled to cancel and get a refund without first allowing repairs (NCC Explanatory Note 7 of 2023).

What counts as "faulty"?

Under section 55, goods must (CPA, s55):

• be reasonably suitable for what they are normally used for
• be of good quality, in good working order and free of defects
• last a reasonable time, given normal use
• meet any applicable SABS or other legal standards

It makes no difference whether the defect was hidden or obvious when you bought it. A newer model coming out does not make yours "defective".

There are limits. The quality and defect protections do not apply if you were clearly told the item was sold in a specific condition (for example, sold as damaged or as scratched stock) and you agreed to buy it that way. Goods bought at an auction are excluded (CPA, s55). The warranty also falls away if the item was altered against the maker's instructions (CPA, s56(1)). Damage you caused yourself, like a dropped phone, is not a product defect.

What if the repair doesn't work?

If the shop repairs it and the same fault returns, or a new one appears, within three months of that repair, the shop must now replace the item or refund you. A second repair is no longer its option (CPA, s56(3)).

Separately, any new or reconditioned part fitted during a repair, plus the labour to fit it, carries a three month warranty, unless the repairer gives a longer one in writing. That warranty excludes misuse and normal wear and tear (CPA, s57).

Does the manufacturer's warranty change anything?

No. The six month right comes on top of any warranty from the maker, importer or store (CPA, s56(4)). A one or two year manufacturer's warranty still applies after month six, on its own terms.

How do you claim, and where do you complain?

1. Go back to the shop you bought it from, with your proof of purchase, and say in writing whether you want a repair, a replacement or a refund.
2. Keep copies of every email, job card and quote.
3. If the shop won't resolve it, lodge a free complaint with the Consumer Goods and Services Ombud (CGSO). Call 0860 000 272, email [email protected] or use its online complaint form (CGSO).

The CGSO first gives the supplier 15 business days to sort it out with you. If that fails, it assesses the case and makes a recommendation. Its rulings are not binding, but if the matter stays unresolved you can take it to the National Consumer Commission, which has enforcement powers (CGSO consumer guide).