Ask a lawyer:
What are my rights regarding product returns and refunds?

mwakili.com

Introduction
Consumer Protection Act, 2012 2.1. Right to Return Goods 2.2. Right to a Refund
The Sale of Goods Act, 1993 3.1. Implied Conditions and Warranties 3.2. Remedies for Breach of Implied Conditions
Conclusion

Introduction

This response will address your rights regarding product returns and refunds in Kenya, drawing upon the relevant legal framework, namely the Consumer Protection Act, 2012 and the Sale of Goods Act, 1993.

2. Consumer Protection Act, 2012

The Consumer Protection Act, 2012 (CPA) provides a comprehensive legal framework for consumer protection in Kenya. It outlines various rights and remedies available to consumers in relation to goods and services.

2.1. Right to Return Goods

The CPA does not explicitly provide a general right to return goods. However, it does provide for specific circumstances where a consumer may be entitled to return goods and receive a refund.

Defective Goods: Section 50 of the CPA states that a consumer has the right to return defective goods and receive a refund or replacement. This right applies if the goods are defective at the time of purchase or within a reasonable time after purchase.
Misrepresentation: Section 51 of the CPA provides that a consumer has the right to return goods if they were purchased based on a misrepresentation made by the seller. This includes misrepresentations about the quality, quantity, or suitability of the goods.
Unordered Goods: Section 52 of the CPA states that a consumer has the right to return unordered goods and receive a refund. This applies to goods that were delivered to the consumer without their prior consent.

2.2. Right to a Refund

The CPA does not explicitly provide a general right to a refund. However, as mentioned above, a consumer may be entitled to a refund in specific circumstances, such as when goods are defective, misrepresented, or unordered.

3. The Sale of Goods Act, 1993

The Sale of Goods Act, 1993 (SGA) governs the sale of goods in Kenya. It outlines certain implied conditions and warranties that apply to all contracts for the sale of goods.

3.1. Implied Conditions and Warranties

The SGA implies certain conditions and warranties into contracts for the sale of goods, even if they are not explicitly stated in the contract. These include:

Condition as to Title: Section 12 of the SGA implies a condition that the seller has the right to sell the goods. This means that the seller must have ownership of the goods or the authority to sell them.
Condition as to Description: Section 13 of the SGA implies a condition that the goods correspond with the description given by the seller. This means that the goods must match the description provided in the contract or in any other communication between the buyer and seller.
Condition as to Quality: Section 14 of the SGA implies a condition that the goods are of merchantable quality. This means that the goods must be of a quality that is reasonably fit for the purpose for which they are commonly bought.
Condition as to Fitness for Purpose: Section 15 of the SGA implies a condition that the goods are fit for the particular purpose made known to the seller by the buyer. This means that the goods must be suitable for the specific purpose that the buyer has communicated to the seller.

3.2. Remedies for Breach of Implied Conditions

If a seller breaches any of the implied conditions under the SGA, the buyer has certain remedies available to them. These include:

Rejection of Goods: The buyer may reject the goods if they are not in accordance with the implied conditions. This means that the buyer can return the goods to the seller and refuse to pay for them.
Damages: The buyer may claim damages from the seller for any loss or damage suffered as a result of the breach of the implied conditions.
Specific Performance: In certain circumstances, the buyer may be able to obtain an order from the court requiring the seller to perform the contract, such as by delivering the goods that were originally agreed upon.

4. Conclusion

In summary, your rights regarding product returns and refunds in Kenya are governed by the Consumer Protection Act, 2012 and the Sale of Goods Act, 1993. These laws provide for specific circumstances where you may be entitled to return goods and receive a refund, such as when goods are defective, misrepresented, or unordered. Additionally, the Sale of Goods Act implies certain conditions and warranties into contracts for the sale of goods, which provide you with further protection as a consumer. It is important to note that the specific rights and remedies available to you will depend on the specific circumstances of your case. It is always advisable to consult with a legal professional for personalized advice.