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Legal Talk

Legal Talk

Date: 2014-07-25
The guiding principle of the Consumer Protection Act 68 of 2008 is that a consumer must be treated equally and fairly, irrespective of gender, race, socio-economic status or geographic location.

Pricing of goods or services must be fair and contracts must be in easy to understand and in plain language.A consumer can refuse or opt out of unsolicited direct marketing such as SMS's, 'spam' e-mail. Consumers have the right to shop around for the best prices, goods and services.

Any fixed-term agreements such as a gym membership, cell phone contract etc. may be cancelled when the contract ends, without penalty or charge. Consumers can cancel prior to expiry of the contract by providing the supplier with 20 days' written of cancellation of fixed-term agreements. There may be reasonable penalties, which could apply. A fixed-term agreement can be extended to a on a month-to-month basis, if the consumer did not request the cancellation of the contract.

Before any repairs or maintenance can be done, a consumer has the right to ask for written quotations. A supplier cannot charge for this quotation. A consumer does not have to pay for any repairs, which were done, if there was no prior approval obtained. A supplier cannot charge the consumer for any diagnostic work used in compiling the quote.

There is a 5-day 'cooling-off period' for any direct marketing transactions. This means you can return any goods without any penalty nor need to provide reasons. The supplier must refund your monies within 15 business days after getting your notice of cancellation notice. A consumer has the right to cancel any advance reservations, bookings or orders. Depending on the nature of the business and specific circumstances, the supplier is allowed to charge a reasonable charge for such cancellation of reservations or bookings.

You have the right to refuse to accept an item which is on "display" or which has been opened. Consumers must be allowed a reasonable opportunity to examine goods purchased or delivered.Any unsafe or defective goods may be returned with right to a full refund for such goods provided this is done within a reasonable period. Any goods, which were not examined, prior to delivery can also be returned.

Unsolicited goods or services can be returned to the supplier at his cost. If the supplier does not collect the goods within 20 business days, the consumer can retain unsolicited goods.

Any promotion or special offer must specify details such as how long the promotion will last. If there are two differing prices on the same product, the consumer is entitled to request to pay the lower amount. All products must be clearly marked and not be misleading. Information such as country of origin, expiry date, ingredients and other such information must be disclosed on the packaging.

Any product, which has been reconditioned, rebuilt or remade, must be clearly identified as such. Consumers have the right to demand receipts or invoices as confirmation of purchases made.

Know your rights! The Law Desk of Fawzia Khan & Associates. We Know! We Care! We Deliver! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance.