Consumer Rights

Sold Defective Goods — Shop Refuses to Replace

Q: You should have checked the product before you left the shop — once you walked out, it's yours.

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A retailer refuses to refund or replace a product that stopped working days after purchase

Premium foundational 7 minutes

The Situation

What They Said

“No refunds, no exchanges. It's working now. Whatever you did to it at home is your problem.”

Refusal to refund or replace defective goods is widespread across Zambia's retail sector. Many shops display 'no refunds' signs and blame the customer for any malfunction. The Competition and Consumer Protection Act makes it unlawful to sell goods that are not of merchantable quality, and a 'no refunds' policy cannot override the consumer's statutory right to a remedy for defective goods. The CCPC is the enforcement body for these rights.

The Fallacy

Posted Policy Override of Statutory Rights Fallacy

The shop relies on a posted 'no refunds' policy to defeat your legal rights, and deflects responsibility by suggesting you caused the defect. Neither claim is legally valid. A shop's internal policy cannot remove statutory consumer rights. And the burden of demonstrating that the customer caused the defect lies with the seller — a mere accusation without evidence is not sufficient to defeat a warranty claim.

What the Law Says

Your Legal Foundation

Competition and Consumer Protection Act (Zambia)

Section 45 — Goods Must Be of Merchantable Quality

“Every person who sells goods impliedly warrants that the goods are of merchantable quality — that is, fit for the ordinary purposes for which such goods are used.”

A product that fails within days of normal use is not of merchantable quality. The seller is in breach of the implied warranty, and you are entitled to a repair, replacement, or refund.

Competition and Consumer Protection Act (Zambia)

Section 47 — Prohibited Consumer Practice — No Refunds Policy

“A supplier shall not engage in a practice that excludes or limits the statutory rights of a consumer.”

A blanket 'no refunds' sign does not override statutory consumer rights. Such a policy, to the extent it purports to exclude your legal remedies for defective goods, is unenforceable.

Competition and Consumer Protection Act (Zambia)

Section 71 — CCPC Consumer Complaints

“A consumer who has been harmed by a prohibited practice may file a complaint with the Competition and Consumer Protection Commission, which may investigate and order appropriate remedies.”

If the seller refuses to engage, file a formal complaint at ccpc.co.zm or in person at a CCPC office. The Commission can order a refund and impose penalties on the seller.

What Scripture Says

God's Word on This

Proverbs 11:1 (NIV)

“Dishonest scales are an abomination to the Lord, but accurate weights find favour with him.”

God demands honest dealing in commerce. Selling a defective product and then refusing any remedy is the modern equivalent of dishonest scales — getting full value from the buyer while delivering something worth less than was paid. The law gives you the tools to enforce what God's own standard demands.

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What They'll Say Next

Common Counter-Arguments

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They might say: “You should have checked the product before you left the shop — once you walked out, it's yours.”

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