If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Consumer Law. However, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.
The remedy you’re entitled to will depend on whether the issue is major or minor.
If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.
What is a major problem?
A product or good has a major problem when:
- it has a problem that would have stopped someone from buying it if they’d known about it
- it is unsafe
- it is significantly different from the sample or description
- it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
A service has a major problem when:
- it has a problem that would have stopped someone from buying it if they’d known about it
- it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
- it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
- it creates an unsafe situation.
Returning the product
You are entitled to return a product if you believe that there is a problem. You are generally responsible for returning the product if it can be posted or easily returned. You are entitled to recover reasonable postage or transportation costs from the business if the product is confirmed to have a problem, so keep your receipts.
When a product is too large, too heavy or too difficult to remove, the business is responsible for paying the shipping costs or collecting the product within a reasonable time of being notified of the problem. Examples include:
- a wide screen TV
- a bed
- an extension ladder stuck in the extended position
- a product that has been subsequently installed, like a stove or a dishwasher.
NOTE: You do not have to return products in the original packaging in order to get a refund.
If the product is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs should be provided to you before the product is collected, and the costs must not be inflated in an attempt to deter you from pursuing your claims.
‘No refund’ signs and expired warranties
It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.
Therefore, this very popular inscription in major retail store in Nigeria, ‘Goods bought in good condition cannot be returned’ is an infringement on consumer’s rights.
Your rights under the consumer guarantees apply within the warranties you’ve gotten from the service provider/retailer.
