The South African Consumer Protection Act, No 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights. The Consumer protection Act define a consumer as any person to whom goods and services are marketed, who is a user of the supplier’s goods, enters into a transaction with the supplier or service provider of any services and products.
As a consumer you have certain rights and you must know your rights and consumers should be aware that they are entitled to enforce their rights. The consumer protection act and the Bill of Rights allow consumer certain rights and these include the following:
- Right to privacy.
- Right to choose your product.
- Right to fair and honest dealing.
- Right to disclosure of information.
- Right to fair and responsible marketing.
- Right to accountability by suppliers.
- Right to fair value, good quality and safety.
- Right to fair, just and reasonable terms and conditions.
- Right to Equality in the consumer market and protection against discriminatory marketing.
As leaders in the market we would like to explain your rights in more detail and in an understandable manner. We belief that our users are ordinary people that does not specialise in the Consumer Protection Act and should be able to understand the basics of the Act without any Legal Jargon and fancy Latin words.
1) RIGHT TO PRIVACY
Consumers have a right to refuse unwanted direct marketing such as telephone calls, sms’s, spam e-mail or letters. Once opted out the supplier is not entitled to continue any unsolicited direct marketing.
2) RIGHT TO CHOOSE YOUR PRODUCT
a) Right to select supplier
As a consumer you have the right to shop around for the best products and services and the most economical prices.
b) Right to renew or cancel a fixed term agreement:
c) right to request pre-authorisation for maintenance and repairs
d) right to return goods and seek redress for unsatisfactory services
e) RIGHT TO RETAIN UNSOLICITED GOODS WITHOUT PAYMENT
f) RIGHT TO CANCEL DIRECT MARKETING CONTRACTS WITHIN THE COOLING-OFF PERIOD
g) RIGHT TO CANCEL ADVANCE RESERVATIONS, BOOKINGS OR ORDERS
h) RIGHT TO CHOOSE OR EXAMINE GOODS, EVEN AFTER PURCHASE AND DELIVERY
3) RIGHT TO FAIR AND HONEST DEALING
a) RIGHT TO ASSUME THAT SUPPLIERS ARE ENTITLED TO SELL GOODS
b) RIGHT TO PROTECTION AGAINST PYRAMID AND RELATED SCHEMES.
Persons are not permitted to join, promote or participate in the following schemes:
c) RIGHT TO PROTECTION AGAINST FALSE, MISLEADING OR DECEPTIVE REPRESENTATIONS.
4) RIGHT TO DISCLOSURE OF INFORMATION
a) Right to information in plain and understandable language.
b) Right to sales records
5) RIGHT TO FAIR AND RESPONSIBLE MARKETING
a) Right to protection in catalogue marketing
NB Catalogue marketing refers to any agreement, initiated by the consumer, by fax, telephone or other means, where the consumer could not properly inspect the goods.
Suppliers must disclose the following:
6) RIGHT TO ACCOUNTABILITY BY SUPPLIERS
a) You have the following rights in any lay-Bye agreements
7) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY
a) Right to demand quality service
Consumers are entitled to the following when entering into an agreement with a supplier
Suppliers must remedy and defects in quality or services or refund the consumer a reasonable amount of the price of the service or goods.
b) Right to safe, good quality goods
Consumers are entitled to products in good quality and safe working condition and free of defects. Products must comply with the standards ACT NO 29 of 1993 or any other ACT REGULATIONS.
c) Right to implied warranty of quality
8) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY
a) Right to quality service, when entering into agreements or contracts, consumers are entitled to the following:
b) Right to safe and good quality.
c) Right to implied warranty of quality.
d) Right to warranty on repaired goods.
NB! If consumers are found to be misusing or abuse goods or products while under warranty, the warranties are null and void.
e) Right to receive warnings on the facts and nature of risks.
f) Right to recovery and safe disposal of products or components.
g) Right to have products monitored for safety and or recalled.
h) Right to claim damages for injuries caused by unsafe or defective products.
Producers, importers, distributors or retailers of any products are liable for any harm caused by their products due to the following:
SA Consumer Complaints as a private organisation and has no association with the National Consumer Commission or the Department of Trade and Industry.
Contact SA Consumer Complaints
Duón Odendaal t/a SA Consumer Complaints
Tel: 012 755 5277 for Motor complaints
Fax: 086 680 2128
153 ELIZABETH STREET,