Consumer Protection Act – Part 2

Consumer Protection Act continued….

5)  RIGHT TO FAIR AND RESPONSIBLE MARKETING

1. 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:

• Registered name or licence number
• Full address and contact details
• Currency for sales
• Sales records
• Delivery arrangements
• Instructions on lodging a complaint
• Policy regarding refunds, returns, exchange and cancellations.

6)  RIGHT TO ACCOUNTABILITY BY SUPPLIERS

1. a)  You have the following rights in any lay-Bye agreements

• Full refund of money paid plus interest
• Keep your deposits in an interest bearing account
• If the supplier fail to deliver goods, these suppliers must supply equivalent or superior products to the discretion of the consumer

7)  RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY

1. a)  Right to demand quality service

Consumers are entitled to the following when entering into an agreement with a supplier

• Timely performance and completion of service
• Notice of any unavoidable delays in the completion of the service
• High quality of workmanship and service
• Use and installation of goods, free of defects and good quality

Suppliers must remedy and defects in quality or services or refund the consumer a reasonable amount of the price of the service or goods.

1. 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.

1. c)  Right to implied warranty of quality

• The producer, importer, distributor and supplier must warrant that the goods comply with requirements of being of good quality, durable and safe for the use as advertised or designed.
• If goods are of inferior quality, unsafe or defective the consumer may return the product within a period of six months at the expense of the supplier.
• Suppliers are obliged to repair, refund or replace the failed, defective or unsafe products

8)  RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY

1. a)  Right to quality service, when entering into agreements or contracts, consumers are entitled to the following:

• Goods that is free of any defects and of acceptable quality.
• High quality service that a consumer is entitled to.
• Timely performance and completion of the services.
• Notice of any unavoidable delays in the performance of the contract or service.

1. b)  Right to safe and good quality.

• Consumers have a right to receive services and goods in working order, free of defects and good quality and the items must comply with any standards set under the Standards Act No 29 of 1993 and any other public regulations as published from time to time.

1. c)  Right to implied warranty of quality.

• If goods or products are of inferior quality, unsafe or defective, the consumer are permitted to return the goods to the supplier without any penalty and at the suppliers risk and expense within a period of (6) six months after receipt.

• Suppliers are obliged to refund, repair or replace the defective goods at the discretion of the consumer.

1. d)  Right to warranty on repaired goods.

• Every new or reconditioned part installed during any repair or maintenance task , including the labour to install it, must be guaranteed for a period of at least (3) three months.

If consumers are found to be misusing or abuse goods or products while under warranty, the warranties are null and void.

Source: SA Consumer Complaints