Can they repair it?

Hello, I need your help.

I bought a cellphone at a store at Rail Park Mall. The next day I realised that the battery died, the phone loses power so fast I have to charge it every hour. I went back to the store and they refused to change the phone instead they offered to repair it which is going to take 7 days. So, what does the law say?

The law is actually very simple in circumstances like yours.

Section 15 (1) of the Consumer Protection Act says that a consumer “has the right to receive goods which are of good quality, in good working order and free of defects”. That’s simple, don’t you think?

Section 16 goes on to say that if the goods fail to meet that standard, the consumer may return the goods to the supplier. It then says that the supplier is entitled to “repair or replace the defective goods” or to “refund the consumer” but it’s important to understand that they can decide which they want to do. They are entitled to try to repair the phone before they choose to offer you either a refund or a replacement. I know it’s frustrating to spend a lot of money on a new phone and then wait for it to be repaired but that’s what the Consumer Protection Act says they can do.

However, there’s something that suppliers often overlook. Section 16 of the Act also says that if a supplier repairs an item and “within three months the same problem recurs in the goods” they’re not allowed to repair it a second time. They can now only refund or you give you a replacement.

My advice is to allow the store to try and repair the phone but make sure they understand that they get just one chance to do that. Just one.