(1) Subject to subsections (3) and (5) where a consumer is encouraged to acquire goods by the supplier's declaration and description of the goods and the consumer subsequently discovers that the goods are defective in a material particular from the goods that are declared or described, the consumer may return the goods to the supplier.
(2) Where goods are returned under subsection (1) the supplier shall, in exchange for the returned goods —
(a) replace the goods with goods declared and described by the supplier within 30 days of the return of the goods to the supplier;
(b) at the election of the consumer, refund the value of the goods or such other amount as may be agreed between the consumer and supplier.
(3) A supplier shall replace or make refunds on the goods returned to him or her under subsection (2) where the goods are returned —
(a) in the condition in which it was purchased; or
(b) with minimal damage resulting from reasonable exposure in the normal course of use prior to discovery of the material difference between the goods received and the goods declared and described.
(4) Where there is a dispute as to the condition of the goods, the Department may, upon request, examine the goods with a view to making a determination as to the condition of the goods. (Amended by Act 14 of 2021)
(5) A consumer who acquires goods that in every way is similar or identical to the goods requested or described by the consumer and declared by the supplier is not entitled to a refund if, having left the place from which the supplier sold the goods, the consumer for any reason decides that he or she no longer wants it.
(6) A supplier who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 1 year or to both.