Ask a lawyer:
What are your 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 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 10 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 11 of the CPA states 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 12 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 that are deemed to be part of every contract for the sale of goods.

3.1. Implied Conditions

The SGA implies certain conditions into every contract for the sale of goods, including:

Condition as to Title: The seller must have the right to sell the goods.
Condition as to Description: The goods must correspond with the description given by the seller.
Condition as to Quality: The goods must be of merchantable quality, meaning they are fit for the purpose for which they are commonly bought.
Condition as to Fitness for Purpose: If the buyer informs the seller of the particular purpose for which the goods are required, the goods must be fit for that purpose.

3.2. Remedies for Breach of Implied Conditions

If a seller breaches any of the implied conditions under the SGA, the buyer has various remedies available, including:

Rejection of Goods: The buyer may reject the goods and refuse to accept delivery.
Damages: The buyer may claim damages for any loss suffered as a result of the breach.
Specific Performance: In certain circumstances, the buyer may be able to obtain an order from the court compelling the seller to deliver the goods.

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. You may also have remedies available under the Sale of Goods Act if the seller breaches any of the implied conditions in the contract. 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 specific advice on your situation.