1.1 This Returns Policy sets out the process and principles applicable to the return of vehicles sold by Weelee where the Consumer Protection Act, Act 68 of 2008 (hereinafter referred to as “CPA”), applies.
1.2 This Policy is intended to give effect to Weelee’s statutory obligations under the CPA while ensuring a fair, reasonable and practical process for both Weelee and Purchasers.
1.3 This Policy must be read together with:
1.3.1 The Offer to Purchase and Terms and Conditions;
1.3.2 The Inspection Declaration; and
1.3.3 The Complaints Process Policy.
1.4 In the event of any inconsistency between this Policy and the CPA, the CPA shall prevail.
2.1 This Policy applies only where the Purchaser qualifies as a Consumer as defined in the CPA.
2.2 Where the Purchaser does not qualify as a Consumer, returns shall be governed by the Offer to Purchase and Terms and Conditions and applicable common law principles.
3.1 The CPA does not create an unconditional or automatic right to return a vehicle.
3.2 A return under section 56 of the CPA arises only where:
3.2.1 The vehicle fails to comply with section 55 of the CP; and
3.2.2 Such failure is attributable to a condition present at the time of delivery.
3.3 The mere allegation of a defect does not automatically entitle a Purchaser to repair, replacement or refund.
3.4 All returns are subject to a reasonable verification and assessment by Weelee in accordance with the CPA.
4.1 Where applicable, vehicles sold by Weelee are subject to the statutory implied warranty of quality for a period of 6 (six) months from the date of delivery.
4.2 During this period, if a vehicle is shown to fail to comply with section 55 of the CPA, the Consumer may return the vehicle to Weelee and elect one of the remedies provided for in section 56(2), namely:
4.2.2 Replacement (subject to availability); or
4.2.3 refund of the purchase price.
4.3 All remedies under section 56(2) shall be implemented:
4.3.1 Without penalty;
4.3.2 Without deduction; and
4.3.3 At Weelee’s risk and cost, as required by law.
4.4 Where a vehicle has been repaired under section 56 and the defect reoccurs, or the repair fails, the Consumer may elect a replacement or refund in terms of section 56(3).
5.1 The implied warranty of quality does not apply where the alleged defect arises from:
5.1.1 Fair wear and tear;
5.1.2 Damage occurring after delivery;
5.1.3 Misuse, abuse or neglect;
5.1.4 Failure to maintain the vehicle in accordance with manufacturer specifications;
5.1.5 Unauthorised repairs, alterations or modifications; or
5.1.6 Circumstances unrelated to the condition of the vehicle at the time of delivery.
5.2 The classification of a vehicle as Green, Gold or Platinum does not exclude CPA rights, but is relevant when assessing:
5.2.1 Reasonable expectations of condition; and
5.2.2 Whether section 55 has been breached.
5.3 Disclosed and Accepted Defects:
5.3.1 In accordance with section 55(6) of the CPA, the implied warranty of quality does not apply to specific defects, conditions or limitations of a vehicle that were disclosed to the Consumer prior to or at the time of purchase and expressly accepted by the Consumer.
5.3.2 A return request based solely on such disclosure and accepted defects shall not give rise to a remedy under section 56 of the CPA.
6.1 A Consumer who believes a vehicle does not comply with section 55 of the CPA must notify Weelee as soon as reasonably possible after becoming aware of the alleged defect.
6.2 The notification must include sufficient detail to enable Weelee to understand the nature of the complaint.
6.3 Upon receipt of a return request, Weelee is entitled to:
6.3.1 Inspect the vehicle; or
6.3.2 Appoint a suitably qualified third party to inspect the vehicle, within a reasonable time.
6.4 The purpose of the inspection is to determine:
6.4.1 Whether a defect exists;
6.4.2 Whether the defect constitutes non-compliance with section 55; and
6.4.3 Whether the defect was present at the time of delivery.
6.5 Inspection and assessment shall not be used to unreasonably delay, frustrate or defeat a valid CPA claim.
6.6 Where Weelee determines that the implied warranty applies, the Consumer shall be entitled to elect a remedy in accordance with section 56(2).
6.7 Where Weelee reasonably determines that the implied warranty does not apply, Weelee shall inform the Consumer of the outcome and reasons in writing.
7.1 Once the six-month implied warranty period has expired, returns are not governed by section 56 of the CPA.
7.2 Any remedy available after expiry of the implied warranty period shall be governed by:
7.2.1 An applicable Manufacturer Warranty; and/or
7.2.2 An Optional Warranty product, if purchased.
7.3 Optional Warranties are supplementary and subject to their own terms and conditions.
8.1 Where a vehicle is returned under section 56:
8.1.1 No deduction may be made for use, mileage or depreciation; and
8.1.2 The Consumer may not be charged for wear arising from ordinary use during the implied warranty period.
8.2 The Consumer must return the vehicle in substantially the same condition as at delivery, subject to ordinary use.
9.1 Where a refund is elected and applicable under section 56:
9.1.1 The refund shall be for the full purchase price paid; and
9.1.2 The refund shall be processed within a reasonable time after acceptance of the return.
9.2 Refunds shall be processed using the original method of payment where reasonably possible.
10.1 Where a return request gives rise to a dispute, the matter will be dealt with under Weelee’s Complaints Process Policy.
10.2 Nothing in this Policy limits the Consumer’s right to approach the National Consumer Commission, the National Consumer Tribunal or a competent court.
11.1 Nothing in this Policy limits, excludes or waives any non-waivable right afforded to Consumers under the CPA.
11.2 This Policy is intended to give practical effect to the CPA and must be interpreted accordingly.
This Returns Policy is available:
12.1 On Weelee’s website; and
12.2 At Weelee branches upon request.