CONSUMERS’ RIGHTS IN TERMS OF THE CONSUMER PROTECTION ACT NO.68 OF 2008

 

SECTION 14 of the Consumer Protection Act states that, despite any provision of the consumer agreement to the contrary, the consumer may cancel the agreement at any other time, by giving the supplier 20 business days' notice in writing.

Upon cancellation of a consumer agreement, the consumer remains liable to the supplier for any amounts owed to the supplier in terms of the agreement, up to the date of cancellation.

The supplier may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term.

 

The supplier may cancel the agreement, twenty (20) business days after giving written notice to the consumer of a material failure by the consumer to comply with the agreement, unless the consumer has rectified the failure within that time.

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Consumers’ rights to return goods

If the supplier has delivered goods to the consumer in terms of an agreement arising out of direct marketing, and the consumer has rescinded that agreement during the cooling- off period or that the consumer did not have an opportunity to examine the goods before delivery, then upon delivery the consumer realises that such goods do not meet the standard on which they were advertised and is not satisfied, such goods must be returned within ten (10) days of purchase.

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Warranty on repaired goods

A service provider warrants every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three months after the date of installation or such longer period as the supplier may specify in writing.

A warranty referred to herein, is concurrent with any other deemed, implied or express warranty in terms of the agreement between the consumer and the supplier.

The warranty is void if the consumer has subjected the part, or the goods in which it was installed, to misuse or abuse. It does not apply to ordinary wear and tear, having regard to the circumstances in which the goods are intended to ordinarily be used.

 

Consumers’ right to cancel advance reservation, booking or order

It does not apply to a franchise agreement, or in respect of any special-order goods.

A consumer has a right to cancel any advance booking, reservation or order for any goods or services to be supplied.

 

A supplier may not impose a cancellation fee in respect of a booking, reservation or order if the consumer is unable to honour the booking, reservation or order because of the death or hospitalisation of the person for whom, or for whose benefit the booking, reservation or order was made.

Despite any statement or notice to the contrary, a consumer is not responsible for any loss or damage to any goods displayed by a supplier, unless the loss or damage results from action by the consumer amounting to gross negligence/recklessness, malicious behaviour or criminal conduct.

If the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample.

 

If you have any consumer relates inquiries, please contact us.