Exchange Request (Security Code F140F0E924)

<p>On 8 June 2016 @ 11:33 I spoke to a Customer Support Agent named “Benjamin” via the *** Customer Support telephone number. I advised him that the clothing item purchased (Security Code F140F0E924) was too small and I wished to exchange it for a bigger size. Of course I referred to the size chart when placing the order, but unfortunately this is a small brand make, and a larger size jacket is required. This item was presented as a birthday gift this morning only, therefore I contacted Groupon as soon as I could; there was no way of knowing sooner.</p> <p> </p> <p>Benjamin advised that “unfortunately on this side we are unable to do anything”, and that since the order was outside of the 7 day return policy period, I was no longer eligible for a return. I rectified him since this is an exchange request and also requested to be referred to the relevant dept/persons if nothing could be done “on this side”, but was advised I’d receive the same response from the Returns Dept.</p> <p> </p> <p>Now, as an online store, I understand the Cooling-Off Period (return policy) in accordance with the Electronic Communications and Transactions Act 25 of 2002 applies, which clearly states:</p> <p> </p> <p>Cooling-Off Period</p> <p> </p> <p>44. (1) A consumer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply--</p> <p>(a) of goods within seven days after the date of the receipt of the goods; or</p> <p>(b) of services within seven days after the date of the conclusion of the agreement.</p> <p>(2) The only charge that may be levied on the consumer is the direct cost of returning the goods.<br /> (3) If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1). the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation</p> <p>(4) This section must not be construed as prejudicing the rights of a consumer provided for in any other law</p> <p> </p> <p>However, I do not require a cooling-off period for a refund of payment. I simply wish to exchange the unworn item in its original packaging with tag/label still in place, for another size.</p> <p> </p> <p>I see the same information quoted above pertaining to the Cooling-Off Period (return policy) is provided on the website too (http://www.grouponreturns.co.za/), however no information regarding the Exchange Policy? When the same Act also stipulates [I refer to Section 43 (1) (n)]:</p> <p> </p> <p>Information to be provided</p> <p> </p> <p>43. (1) A supplier offering goods or services for sale, for hire or for exchange by way of an electronic transaction must make the following information available to consumers on the web site where such goods or services are offered:</p> <p> </p> <p>(n) the return, exchange and refund policy of that supplier;</p> <p> </p> <p>Now, I’d like to be informed how I can about returning this order and requesting another size. In the event that this item cannot be exchanged, I shall have no alternative but to request a refund – although I reiterate that an exchange is actually required.</p>