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Legal Talk

Legal Talk

Author: Fawzia Khan
Date: 2013-08-01
Part 4 - in the series on the focus of consumers as set out in the Consumer Protection Act continues.

Source: Department of Trade and Industry

Your right to identification of deliverers, installers and others

  • When delivering or installing goods/products, the drivers, deliverers, installers and others are required to visibly display name badges or similar identification, to the satisfaction of consumers. The consumer has the right to demand identification.
  • Right to Fair and Responsible Marketing

Your right to protection against bait marketing

  • Suppliers are not permitted to mislead consumers in respect of pricing, the nature, properties, advantages or uses of goods or services advertised, if such goods or services are not actually available for purchase or procurement in accordance with these standards.
  • Suppliers are obliged to include limitations in respect of the availability of goods or services when advertising such items, and honour such agreements.
  • Your right to protection against negative option marketing.
  • If consumers receive unwanted or unsolicited goods or services, they are under no obligation to pay for these goods or services.

Your right to protection against direct marketing

  • Suppliers or service providers that directly market any goods or services to consumers must inform them of their right to cancel the agreements within the cooling-off period of five (5) business days.
  • Your right to protection in catalogue marketing.
  • Suppliers must disclose to the consumer their full details including the name and registration/licence number, address and contact details, sales records, the currency for sales, delivery arrangements, cancellation, return, exchange and refund policy, as well as how consumers can lodge a complaint.

Your right to protection in terms of trade coupons and similar promotions
Persons are not permitted to make promotional offers with the intention of not fulfilling them, or fulfilling them in a manner other than as offered.
With regard to promotional offers, the sales person must adhere to the following:

  • The nature of price, reward, gift, free goods or services, price reduction, enhancement of quality or quantity of goods, discounted of free thing being offered;
  • The goods or services to which the offer relates;
  • The steps required to accept the offers or receive the benefits of the offers;
  • Full particulars regarding details of the place where, any date and time on or at which, the consumer may receive the prize, reward, gift, free good or service, price reduction etc.
  • Ensure that the supply of the product is sufficient to accommodate all reasonably anticipated demands resulting from the offer;
  • Not limit the capacity to supply any such goods or services after acceptance of the offer, unless it applies to such a supply in exchange for any other form of consideration;
  • Not require the consumer to accept an inferior quality of any such goods or services than those generally available to any other consumer on the same date who tenders a different form of consideration;
  • Not impose any monetary charge for the administration, processing or handling of a transaction, in respect of which the consumer tenders a trade coupon - this only applies where a membership fee is being paid.

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