The Consumer Protection Act came into effect on 01 April 2011. The Act represents a major departure from the common law dealing with consumer protection. The Act modifies a protection from suppliers, manufacturers and retailers to consumers: there are now extensive legal remedies available to consumers who are faced with unfair business practices as defined in the Act. So what does the Consumer Protection Act mean for you?   Here are some of the most important things. The Star have sourced and simplified the following new rules for you.

Direct marketing:

Consumers can now cancel any direct marketing agreement within five business days, allowing you to change your mind about a purchase.

You can also now make use of an "exclusion register" whereby you can register a pre-emptive block against receiving any electronic communication.

The act now outlines the times and days during which you may be contacted for direct marketing.

From now on a salesperson visiting a consumer must wear an identification device such as a badge.

Deliveries

Ordering online- Goods will have to be delivered at an agreed date, time and place. If not, you will be free to accept or cancel the agreement - it's your choice.

Companies are also obliged to deliver goods that match the sample or description of the product. You have the right to examine your purchases before accepting them, and reject them if you're not happy.

If you didn't get a chance to examine the product and are unhappy with it, it can be returned at the supplier's expense.

Returns and refunds

Consumers have six months to return faulty or unsafe goods.

You will have a choice between the supplier repairing or replacing these, or refunding you in full.

If the product fails again within three months, the supplier must replace it or refund you, barring gross negligence on your part.

Liability

A producer, distributor, importer or retailer can now - in certain instances - be held strictly liable for any harm or damages suffered by a consumer using a product, irrespective of whether negligence can be attributed to them.

You will need to approach the courts to institute any claim for damages based on "strict liability".

Repairs

Companies have to provide you with an estimate for the work - which you must approve - and cannot charge you more than that estimate.

If more work is required above and beyond the estimate, they first have to get the go-ahead from you.

Companies also can't charge you for preparing their quote, unless you agree to this.

SMS competitions

Companies can no longer charge you an exorbitant R5 or R10 to enter an SMS or MMS competition, but will have to stick to the usual network rates.

Contracts

Automatic contract renewals will be no more. Companies will have to contact you - in writing - between 40 and 80 business days before your contract expires. They have to give you the option to continue your contract, change its terms or cancel it.

Note that the contract will continue on a month-to-month basis until you make your choice.

You will also be able to cancel contracts at any time. If you're unhappy, give the company 20 days notice and you're home free.

You still have to pay anything you owe the company up to the date of cancellation, and you might also be charged a cancellation fee.

Suppliers have to use understandable language in contracts.

Warranties

You will be able to return and claim refunds for poor-quality goods because there is now an implied warrantee of six months for any goods purchased - irrespective of other warranties.

However, you can't insist on a refund because it is cheaper at another store or the design no longer fits in with your decor. Also, if you have tampered with the goods in any way, then a demand for a refund or replacement can be denied.

Voetstoots

No longer is it a case of what you see, or don't see because it is hidden, you get. The act identifies the consumer's rights to good-quality products in good working order and fit for their purpose.

Suppliers must let you know of all defects.

Reservations

If you cancel a booking or reservation, the supplier is entitled to charge you a reasonable cancellation fee.

If the booking is cancelled because of the death or hospitalization of the person who made the booking, no cancellation fee can be charged.

To read the original document of Consumer Protection Act, click here.

 

Sources:

• iol
• bbqonline
• michalsons

Last Update: 12 April 2011