“Goods sold are not returnable” is/will be illegal in Ghana
For you companies who say “Goods sold are not returnable” beware. It is illegal, you lose in court. We would start taking you on soon.
I was educated by Mr Appiah Kusi Adomako, Centre Director of CUTS International, when I asked this question “Is it legal for shops to have terms of trade that goods sold are not returnable? Please advise”
In the absence of the Consumer Protection Act, sales of goods in Ghana are governed by the Sales of Goods Act of 1962. The act written post-independence was more pro-supply than the demand side. At that time consumer movement in the world was not strong. However. there is a little provision that addresses the conditions at which a buyer can return an item bought. Coming back to your question, the Sales of Goods Act (Act 137 of 1962) says that goods sold must be fit for purpose. A couple of judicial decisions have gone further to assert the rights of consumers over the issue of non-returning of goods bought. A particular case is Rockson vs Armah (1975).
The reason companies are in Ghana are not allowing goods to be returned is that inferior goods have littered the market and they cannot guarantee durability. If the law is passed, I am sure that the floodgate of inferior goods from other countries would be curtailed because consumers would be empowered.
The assurance is that the draft Consumer Protection Bill has an extensive provision on the return of goods bought. Even under the current regime, one can still go to court to assert this right. People have been reluctant in going to court because of the cost of litigation. Maybe it may the right to challenge these illegalities. (End of his response)
Yes, I intend to challenge any firm I would tell me that. There is a shop in the Industrial area that sells building materials including plasterboard ceiling. You almost became a candidate for my court action. All shops are warned, to say “good sold are not returnable especially when they are not personal items that COVID-19 might make it not a good idea. I would advise that you rather give us the conditions for returning good that we buy.
We ask parliament to expedite work on passing the Consumer Protection Bill into law.
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