Perfectly Clear Products assembles products with prior warranties, as such – each individual component of all product combinations are warrantied by their respective distributors. Perfectly Clear Products honors the Consumer Protection Act and acts in accordance with the rights laid out in the Consumer Protection Act as outlined below:

Right to Quality Goods

When you buy an item it must:

• Be reasonably suitable for the purposes for which it is normally intended;
• Be of good quality, in good working order and free of any defects;
• Be useable and durable (will last) for a reasonable period of time;
• Comply with any applicable standards; and
• Be reasonably suitable for the specific purpose that you informed the supplier that you want to use it for.

Automatic warranty

Any item you buy has, in addition to any other warranty (sometimes called a guarantee), an automatic 6 month warranty that it will comply with the requirements listed in the previous paragraph.

If anything goes wrong within the 6 months, you can return the item and require that it be repaired or replaced, or ask for a full refund, unless the problem is minor. In that case, the supplier can remedy it within a reasonable time.

The supplier may inspect the item to establish the cause of the problem but may not repair a significant problem without you agreeing to that.

The supplier may not force you to purchase a more expensive model or brand and it must bear the costs of repairing, collecting and/ or replacing the defective goods. It may not charge for usage or wear and tear on the returned product.

If you agree to a repair and within three months the same problem reoccurs, the supplier must either exchange the item or give you a refund.

You are not required to return the original packaging, but you may be called upon to prove you purchased the item.

Exceptions

The above rules regarding refunds do not apply if:

(a) You were specifically told that the particular goods were offered in a specific condition (e.g. that they were in some way defective); or

(b) The goods were altered after leaving the control of the supplier (damaged or tampered with by the consumer).

Store refund policy

The above rules regarding refunds apply irrespective of the store’s refund policy or the terms of the manufacturer’s guarantee / warranty.

In other words, the store’s refund policy or the terms of the manufacturer’s guarantee / warranty cannot override the CPA requirements, but they can go further than or offer more rights to the customer than the Act does. For example, the CPA only requires a supplier to accept a return if there was something wrong with the goods, as explained above. A store’s policy, however, may be to accept (for a refund) goods returned within a specific period and with their original packaging even if there is nothing wrong with them and the customer has merely changed their mind.

The manufacturer’s warranty may extend beyond the 6 months provided by the CPA warranty but its terms and conditions must be fair or be brought to the attention of the consumer if they are of an unusual or onerous nature.

Voetstoots

This means that the seller is not liable for diseases or defects in the item sold and it is sold “as it stands” or “with all its faults”.

The CPA ensures that suppliers do not deprive consumers of their right to quality goods by relying on a voetstoots clause. This does not, however, prevent a supplier from escaping liability for defects that were brought to the attention of the consumer and that the consumer accepted.

Past sell by/ use by date

The ‘best before’ dates are more about quality than safety… So when the date runs out it doesn’t mean that the food will be harmful, but it might begin to lose its flavour and texture.

(See http://www.food.gov.uk/).

There are, however, foodstuffs that should be stored and used with extreme caution irrespective of age, such as fish, chicken, and offal. Dry food and undamaged tinned food are generally safer but tinned sardines in tomato sauce pose a danger as the acidity of the tomato sauce can corrode the can.

If you discover that you were sold “expired” goods and the quality is not as good as expected, you may request a replacement or refund.

If you do become sick after eating something that has gone off, see the section on food poisoning.

Damages arising from defects in goods

Under section 61 of the Consumer Protection Act, you are able to claim against suppliers and manufacturers of goods (including food) for damages or injuries suffered by them as a result of using or consuming the goods, irrespective of whether or not there was any negligence on the part of the supplier or manufacturer.

The type of harm for which a person may be held liable includes:

• The death or illness of, or injury to, any person;
• Damage to property;
• Any economic loss that results from the types of harm listed above.

Economic loss means indirect financial losses that might result, such as loss of income, hospital bills etc.

Whether you can claim for emotional shock is considered below.

The claim for damages must be brought within three years of the death or injury of a person or the latest date on which a person suffered any economic loss.

Although you no longer have to prove negligence in order to recover damages, it is still necessary for you to prove that it was the defect in the goods sold to you that caused you the loss. This is why it is necessary for you to collect as much evidence as possible. 

What does this mean for me?

This means that Perfectly Clear Products will refund you (less a small restocking fee and less any bank charges incurred) if you return your unopened and undamaged product within 14 days of purchase – no questions asked.

Furthermore, if you find your items defective in any way when they arrive, you’ll be able to use the Contact Us page and Perfectly Clear Products will investigate and try to either refund you fully or partially if the liability is found with Perfectly Clear Products.

In addition to the steps outlined above, Perfectly Clear Products will also endeavor to issue a replacement or partial or full refund if the liability is found to arise with our courier partners.

In all other cases, Perfectly Clear Products will strive to work with customers to find amicable solutions, however Perfectly Clear Products cannot guarantee this outcome in every circumstance.