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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-07-25
Part 3 on the rights of consumers according to the Consumer Protection Act.

Source :Department of Trade and Industry

Your right to return goods and seek redress for unsatisfactory services.

Consumers have the right to:

  • return unsafe or defective goods and request a full refund for such goods, provided this is done within a reasonable period; and
  • return goods that were not pre-examined, prior to delivery.

Your right to retain and not pay for unsolicited goods or services.

Consumers have the right to return unsolicited goods or services, at the risk and expense of the suppliers and are entitled to retain unsolicited goods or services after 20 business days.

Your right to information in plain and understandable language. Consumers have the right to demand contracts/agreements in easily-understood and plain language.

Your right to disclosure of prices of goods and services.

  • Suppliers are required to display the prices of goods and services, in full view of consumers;
  • Consumers have the right to request the unit cost of goods and services, so as to avoid any 'hidden' costs.
  • Suppliers are required to specify the duration of any promotions in catalogues or brochures, failing which consumers have the right to purchase the goods or services at the specified prices.
  • In the event of two varying prices on a product, the consumer has the right to demand that he be charged the lower price for the same goods.

Your right to product labelling and trade description.

  • Suppliers and service providers are required to display labelling and trade descriptions of products, which do not mislead consumers about the contents of the packaging or goods attached to the products.
  • Suppliers are not permitted to alter, amend, conceal, remove or deface trademarks and other product labelling, so as to mislead consumers.
  • Producers/importers of products or goods are required to display the country of origin and any other prescribed information, such as expiry dates.
  • Producers, suppliers and importers are required to disclose the presence of any genetically modified ingredients, in compliance with international and South African laws and regulations.

Your right to clear disclosure of reconditioned or grey market goods

Suppliers are required to display a notice that 'grey' market goods have been reconditioned, rebuilt or remade and disclose, by means of a clear and visible notice, that goods are being sold without the approval or licence of the registered trade mark owner.

Your right to sales records

Consumers have the right to demand receipts or invoices as confirmation of purchases made.

Your right to disclosure by intermediaries

Brokers, sales representatives and estate agents, are required to disclose their associations or affiliations with the entities/persons they represent.

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