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Part 6 in the series on the Consumer Protection Act

Part 6 in the series on the Consumer Protection Act

Author: Fawzia Khan
Date: 2013-08-15
Source: Department of Trade and Industry

Your right to protection against over-selling and over-booking

  • Suppliers are not permitted to accept payment or other consideration for any goods or services, if:
  • They have no intention of supplying those goods or providing those services; and
  • They intend to supply goods that are materially different from the goods or services, for which payment was accepted.
  • Suppliers are required to honour the supply of goods or services on specified dates, times and other particulars, if committing to such arrangements in reservations or bookings.
  • Consumers have the right to demand refunds for full amounts paid in respect of commitments or reservations, together with interest, at prescribed rates, from the dates of payment until the dates of reimbursement.

Right to Fair, Just and Reasonable Terms and Conditions

What does this mean for the ordinary consumer?

  • Suppliers are not permitted to market, supply or enter into an agreement to supply goods or services at prices or terms that are unfair, unreasonable or unjust.
  • Suppliers are not permitted to require consumers to waive any rights, assume any obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or unjust.

Your right to obtain notice for certain terms and conditions

  • Suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute a potential risk or liability to consumers.
  • Suppliers must specifically draw the fact, nature and potential effects of risks to the attention of consumers, in a conspicuous manner and form, to which the consumers accordingly accept responsibility.

Your right to obtain free copies of agreements/contracts

  • Consumers are entitled to obtain free copies or free electronic access to copies of agreements/contracts, irrespective of whether consumers have entered into such agreements/contracts.
  • Free copies should include an itemised breakdown of financial obligations under such agreements.

Suppliers are required to keep records of transactions entered into over telephone or other recordable forms, in the event of the consumer-supplier agreement not being in writing. Know your rights! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance.