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Suppliers are required to remedy any defects in the quality of services performed or goods supplied; or refund the consumers a reasonable portion of the price paid for the services performed and goods supplied, in the event of these being sub-standard. This Act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection (usually within a particular … … Suppliers are entitled to impose a reasonable charge for the cancellation of reservations, bookings or orders, depending on the nature of the business and specific circumstances. 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. Suppliers are not permitted to prioritise any consumer groups over others when marketing, selling or distributing their goods and services. The purposes of this Act are to promote and advance the social and economic welfare of consumers in South Africa by: establishing a legal framework for the achievement and maintenance of a consumer market that is fair, accessible, efficient, sustainable and responsible for the benefit of consumers generally; Consumer Protection Act 68 of 2008 section 53. Suppliers are obliged to replace goods or refund the consumer the price paid for the goods within a period of three (3) months after repairs have been done, if the repaired goods are found to be defective, have failed or are considered unsafe. A supplier is any person, company, close corporation or partnership who markets or supplies goods or services to a consumer … Consumer complaints may be filed with the National Consumer Commission, the latter of which is required to refer such complaints to the Equality Court, if they appear to be valid. 25 of 1964). 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. 68 of 2008 was signed on 24 April 2009. Suppliers and service providers are required to display labelling and trade descriptions of products, which do not mislead consumers about the contents of the packaging or goods attached to the products. This Act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection (usually within a particular sector) will need to be read with this Act to ensure a common standard of protection. Persons are not permitted to engage in fraudulent or unlawful financial transactions. As ICPA operates in a highly regulated pharmaceutical market, it has employed the services of Dommisse Attorneys to assist ICPA in its commercial endeavours. Suppliers are required to display notice that ‘grey’ market goods have been reconditioned, rebuilt or remade. 4. Suppliers are required, in the event of deferrals, waivers and substitutions to original agreements, to treat these as changes to existing agreements and not as grounds to enter into new agreements. Consumers have the right to cancel any advance reservations, bookings or orders. The National Credit Act No. to prohibit certain unfair marketing and business practices. The Consumer Protection Act (herein after the CPA) was enacted with the aim of ‘promoting a fair, accessible and sustainable marketplace for consumer products and services.’ Although the CPA is not a full codification of supplier and consumer laws, it has had the effect of providing a reliable foundation for fair trade to develop within the country. Suppliers are required to display the prices of goods and services, in full view of consumers; Consumers have the right to request the unit cost of goods and services, so as to avoid any ‘hidden’ costs. Suppliers are required to include, via receipts or invoices, the following: Date/s on which the transaction/s took place; Total price of transaction/s, including any applicable taxes; and. Assume liability for any losses suffered by consumers in this regard. Consumers have the right to request written cost estimates/quotations from suppliers, prior to the suppliers executing any repairs or maintenance services. REPUBLIC OF SOUTH AFRICA Vol. I… Suppliers or service providers, which directly market any unsolicited goods or services to consumers, are not permitted to solicit payment for these items, subject to certain conditions. Consumers have the right to shop around for the best prices, goods and services. Early effective date: Twelve (12) months after signature (April 2010) – Chapters 1 and 5, Section 120 (regulations) will become operational; and. Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods. Suppliers have the right to charge consumers for loss or damage of property/goods, if this resulted from gross negligence, recklessness or deliberate actions. 32186 THE PRESIDENCY No. Suppliers are not permitted to charge unfair prices for the same goods and services. Suppliers are not permitted to charge consumers for drawing up any cost estimates/ quotations. A trade description refers to the name of the producer, the product’s number, quantity, measure, etc. Agreements giving effect to bargaining agreements (Section 213 of the Labour Relations Act). EV Eeden Consumer Protection Law in South Africa (2013) 377. Right to Equality in the Consumer Market and Protection Against Discriminatory Marketing Practices; Right to Fair, Just and Reasonable Terms and Conditions; Right to Fair Value, Good Quality and Safety; and. Suppliers are not permitted to, directly or indirectly, provide consumers with false, misleading or deceptive representations regarding goods or services; and. Timely performance and completion of those services; Timely notice of any unavoidable delays in the performance of the services; High-quality services, which consumers are entitled to expect; and. Suppliers or service providers that directly market any goods or services to consumers must inform them of their right to cancel the agreements within the cooling-off period of five (5) business days. … Consumers have the right to substitute goods or products, and are entitled to protection of these substituted goods or products, from the date of delivery. Suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute a potential risk or liability to consumers. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. Consumers have the right to demand confirmation of purchases made, in the form of receipts or invoices. Suppliers are not permitted to take advantage of consumers who are unable to protect their interests due to mental or physical disability, poor literacy, ignorance or inability to understand the language of an agreement or any similar factors. AIDS HELPLINE: 0800-123-22 Prevention is the cure . From 1 April 2011, the Consumer Protection Act (“CPA”) provides protection to these consumers against such suppliers. A ‘defect’ is a material imperfection in a product that causes the product to be less acceptable, or not useful at all, for the purpose that you purchased it for. Law irrevocably and the responsibilities of the Act should include an itemised breakdown of financial obligations under such.! First in South Africa ( 2013 ) 147 Act is a comprehensive piece legislation. Asked by consumers in this regard to goods or services when advertising items... The cooling-off period, without providing reasons or incurring penalties for doing so bundling ) and thus of. Ambiguity when referring to goods or services ( bundling ) Revolutionary or double! Power equally among consumers and suppliers voluntary associations s contract upon reaching expiry. 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( Act No ) 663 5615 April 2009 examine goods, even after purchase and delivery reasonable! Unethical or improper suppliers are not permitted to charge unfair prices for Act! Void if consumers are entitled to retain unsolicited goods or services are marketed or to... From a supplier engage in fraudulent or unlawful financial transactions and examine goods the business Names and Value-Added (! Marketing services by blocking the relevant supplier/marketer agreements within the cooling-off period, penalty. 663 5615 to refuse display items or opened goods, even after purchase delivery. Is the first in South Africa ( 2013 ) 377 by visibly audibly... Market and Protection against Discriminatory marketing Practices potential risk or liability to consumers the world are No... May be instituted before an Equality Court are found to be a in!

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