Revised Laws of Saint Lucia (2022)

105.   Return of materially different goods

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    (1)   Subject to subsections (2) and (3), 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 acquired are different in a material particular from that intended to be acquired —

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      (a)     the consumer may return the goods acquired to the supplier;

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      (b)     the supplier must be afforded a reasonable opportunity to inspect the goods;

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      (c)     if the defect is not fixed after a reasonable time, the supplier shall give to the consumer in exchange for the returned goods, monetary compensation to the value of the goods or another amount agreed between the consumer and the supplier;

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      (d)     the supplier shall not charge the consumer a restocking fee for the returned goods.

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    (2)   Subsection (1) does not apply unless the goods are returned to the supplier in the condition in which the goods were purchased or with minimal damage resulting from reasonable exposure in the normal course of the consumer's use of the goods before discovery of the material difference between the goods received and the goods that the consumer intended to acquire.

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    (3)   A consumer who acquires goods that is in every way similar or identical to the one requested or described 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 the goods.