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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-07-19
We continue our focus on our rights as consumers and how we are protected in the Consumer Protection Act.

Source :Department of Trade and Industry

Your right to cancel or renew a fixed-term agreement

Consumers have the right to cancel fixed-term agreements upon expiry of the contract period, without penalty or charge.

Consumers are obliged to provide suppliers with 20 business days' notice, in writing or other recorded means, of cancellation of fixed-term agreements. Reasonable penalties may apply.

Suppliers must extend fixed-term agreements on a month-to-month basis, if the consumers failed to request the cancellation of such agreements.

Your right to request pre-authorisation for repairs or maintenance services

Consumers have the right to request written cost estimates/quotations from suppliers, prior to the suppliers executing any repairs or maintenance services. Suppliers are not permitted to charge consumers for drawing up any cost estimates/ quotations.

Consumers have the right to pre-authorise or refuse any additional repairs or maintenance services.

Consumers are not liable to pay for repairs or maintenance services done without their prior approval.

Suppliers are not permitted to charge consumers for any diagnostic work/inspections required in compiling cost estimates/quotations unless there was prior agreement.

Your right to cancel direct marketing contracts within the cooling-off period

Suppliers are required to include a 'cooling-off period' in direct marketing transactions - cooling-off periods generally span five (5) business days.

Consumers have the right to cancel agreements within the cooling-off period, without providing reasons or incurring penalties for doing so.

Suppliers are required to return payments received from consumers, within 15 business days of receiving the cancellation notice.

Your right to cancel advance reservations, bookings or orders

Consumers have the right to cancel any advance reservations, bookings or orders.

Suppliers are entitled to request a reasonable, advance deposit for reservations, bookings or orders, depending on the nature of the business and specific circumstances.

Suppliers are entitled to impose a reasonable charge for the cancellation of reservations, bookings or orders, depending on the nature of the business and specific circumstances.

Your right to choose or examine goods, even after purchase and delivery

Suppliers have the right to charge consumers for loss or damage of property/goods, if this resulted from gross negligence, recklessness or deliberate actions.

Consumers have the right to refuse "display items" or opened goods, and request unopened/ new goods and can reject goods if they do not correspond with pre-approved samples.

Suppliers are required to provide consumers with reasonable opportunity to examine goods purchased or delivered.

Know your rights! Email fawzia@thelawdesk.co.za or call 031 5025670 for any legal assistance.