By allowing fitting and returns under strict health conditions, it affords the consumer the right to ensure that the clothes fit and also minimise the need for clothes to be returned. Without allowing consumers to fit, it is difficult to see how a no return policy can be justified, even under lockdown.
In terms of the CPA, suppliers of goods and services have the right to implement their own returns and refunds policies as long as these do not breach the general right to choose and examine goods. At the same time, the pandemic and the resulting lockdown restrictions to curb its spread presents new challenges that are not necessarily fully provided for in current laws.
The Ombudsman suggests that a middle ground be found that will allow for the management of the spread of the virus and taking care of consumers’ rights.
In order to minimise disputes, it is important that consumers are well informed about any new lockdown return and refund policies. The FAQs on websites and other online platforms should be updated to cover these new policies.
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