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Cancelling & returns

Cooling-off and cancellation rights under the CPA

The five-day direct-marketing right (s 16), the ECTA seven-day online right (s 44), and cancelling advance bookings, reservations and orders (s 17).

Published Last reviewed 10 min read

Written by

Martin Kotze

Attorney, Conveyancer & Notary Public

Last reviewed:

Quick answer

The cooling-off myth

The biggest misconception in consumer law is that customers always have a cooling-off period. They do not. There is no general right to return goods or cancel an ordinary in-store purchase simply because the customer changed their mind — in-store “change of mind” returns depend on the shop’s own policy. The CPA’s real cooling-off rights are specific and limited, and they do not overlap: the direct-marketing right gives way where the online-transactions regime applies.

Source — the actual words

“This section does not apply to a transaction if section 44 of the Electronic Communications and Transactions Act applies to that transaction.”

Consumer Protection Act 68 of 2008, s 16(1)Read it on Law LibraryPDF

Direct marketing — five business days (section 16)

Where a sale results from direct marketing — someone approached the consumer to sell — the consumer may rescind within five business days, no reason needed.

Source — the actual words

“A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the supplier in writing, or another recorded manner and form, within five business days after the later of the date on which— (a) the transaction or agreement was concluded; or (b) the goods that were the subject of the transaction were delivered to the consumer.”

Consumer Protection Act 68 of 2008, s 16(3)Read it on Law LibraryPDF

On rescission, the supplier must refund the consumer within 15 business days of receiving the notice (or the returned goods), under section 16(4).

Online sales — seven days (ECTA section 44)

For electronic transactions, a separate statute — the Electronic Communications and Transactions Act — gives a seven-day cooling-off right. This is where most “online return” rights actually come from.

Source — the actual words (ECTA)

“A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply— (a) of goods within seven days after the date of the receipt of the goods; or (b) of services within seven days after the date of the conclusion of the agreement.”

Electronic Communications and Transactions Act 25 of 2002, s 44(1)Read it on Law LibraryPDF

The right is not unlimited. Section 42(2) excludes a defined list of electronic transactions from the section 44 cooling-off — the exclusions that most often catch suppliers out are made-to-order or perishable goods, services already begun with the consumer’s consent, and date-specific accommodation, transport, catering and leisure bookings.

Source — the actual words (ECTA)

“Section 44 does not apply to an electronic transaction— (a) for financial services…; (b) by way of an auction; (c) for the supply of foodstuffs, beverages or other goods intended for everyday consumption…; (d) for services which began with the consumer’s consent before the end of the seven-day period…; (e) where the price… is dependent on fluctuations in the financial markets…; (f) where the goods— (i) are made to the consumer’s specifications; (ii) are clearly personalised; (iii) by reason of their nature cannot be returned; or (iv) are likely to deteriorate or expire rapidly…; (j) for the provision of accommodation, transport, catering or leisure services… on a specific date or within a specific period.”

Electronic Communications and Transactions Act 25 of 2002, s 42(2)Read it on Law LibraryPDF

For the broader online-selling duties — the pre-checkout disclosure list and the rules on unsolicited communications — see our guide to e-commerce compliance under ECTA.

Advance bookings, reservations and orders (section 17)

Separately from change-of-mind cooling-off, section 17 gives consumers a right to cancel an advance booking, reservation or order — while letting the supplier protect itself with a reasonable deposit and a reasonable cancellation charge.

Source — the actual words

“(2) Subject to subsections (3) and (4), a consumer has the right to cancel any advance booking, reservation or order for any goods or services to be supplied. (3) A supplier who makes a commitment or accepts a reservation to supply goods or services on a later date may— (a) require payment of a reasonable deposit in advance; and (b) impose a reasonable charge for cancellation of the order or reservation…”

Consumer Protection Act 68 of 2008, s 17(2)–(3)Read it on Law LibraryPDF

What is “reasonable” is judged by the nature of the goods or services, the length of cancellation notice, the supplier’s ability to resell, and industry practice (s 17(4)). One hard limit overrides all of that: no cancellation fee may be charged where the consumer cannot honour the booking because of death or hospitalisation.

Source — the actual words

“A supplier may not impose any cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made.”

Consumer Protection Act 68 of 2008, s 17(5)Read it on Law LibraryPDF

Section 17 does not apply to franchise agreements or to special-order goods (s 17(1)). And the longer-term commitment of a subscription or service plan is governed not by section 17 but by the fixed-term rules in section 14.

Frequently asked questions

Does a customer always have a cooling-off period in South Africa?

No — that is a common myth. There is no general right to return goods or cancel an ordinary in-store purchase just for a change of mind; in-store returns depend on the shop’s own policy. The CPA gives a five-business-day cooling-off right only where the sale resulted from direct marketing (section 16), and ECTA gives a seven-day right for many (not all) electronic transactions (section 44).

How long is the cooling-off period for online purchases?

Section 44 of the Electronic Communications and Transactions Act gives a seven-day cooling-off right for many electronic transactions — seven days after delivery for goods, or after the agreement for services. But section 42(2) excludes several categories, including financial services, auctions, made-to-order or perishable goods, services already begun with the consumer’s consent, and accommodation, transport, catering or leisure booked for a specific date.

Can a business charge a cancellation fee on a booking?

Yes, within limits. Under section 17 a supplier may require a reasonable deposit and impose a reasonable cancellation charge on an advance booking, reservation or order — judged by the nature of the goods, the notice given, the chance of reselling, and industry practice. But section 17(5) prohibits any cancellation fee where the consumer cannot honour the booking because of the death or hospitalisation of the person it was for.

Do the CPA and ECTA cooling-off rights overlap?

No. Section 16(1) of the CPA says the direct-marketing cooling-off right does not apply where section 44 of ECTA applies to the transaction. So an online sale runs on ECTA’s seven-day right, while a phone or in-person sale that followed direct marketing runs on the CPA’s five-business-day right.

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Why you can trust this: Martin Kotze has been an admitted Attorney of the High Court of South Africa, registered Conveyancer, and Notary Public since 2014, practising from Pretoria. The firm is regulated by the Legal Practice Council under firm registration 17444.

This guide is general information, not legal advice for your specific matter.

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Martin Kotze reviews and drafts CPA-compliant consumer terms, returns policies and franchise agreements — grounded in the Act rather than box-ticking. General guidance on this page is not a substitute for advice on your facts.