consumer protection act south africa

A trade description refers to the name of the producer, the product’s number, quantity, measure, etc. 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; Consumers are entitled to reject goods if they do not correspond with pre-approved samples. the Trade Practices Act. The automatic-renewal clause within contracts in South Africa is fairly commonplace. 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. The Consumer Protection Act is a comprehensive piece of legislation which aims to regulate the consumer market widely. As such, the Act gives rise to the establishment of the National Consumer Commission, a body assigned to investigate consumer complaints, as well as the National Consumer Tribunal, the latter of which was created by the National Credit Act in September 2006, and is responsible for the adjudication of violations and transgressions of the National Credit Act and the Consumer Protection Act. A supplier is any person, company, close corporation or partnership who markets or supplies goods or services to a consumer … Keep their deposits in an interest-bearing account. Steps required by consumers to participate in the programme or receive any benefits in terms of the programme; and. Since the implementation of the Act consumers who enter into transactions for the … The Bill of Rights enshrines the rights of all South Africans – including consumer rights. This type of renewal has recently made headlines in South Africa specifically in terms of gym membership … Nature of price, reward, gift, free goods or services, price reduction, enhancement of. Suppliers are not permitted to alter, amend, conceal, remove or deface trademarks and other product labelling, so as to mislead consumers. General effective date: Eighteen (18) months after signature (October 2010) – date on which all provisions of the Act will be applicable. the Business Names Act, 1960 (Act No. Reasonable penalties may apply. The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed term contracts/agreements, especially Leases. Consumers have the right to refuse unwanted sms’s, telephone calls, letters or ‘spam’ e-mail. REPUBLIC OF SOUTH AFRICA Vol. A “consumer” (as defined in the Act) includes tenants of commercial properties such as small or medium sized businesses and also individuals who are party to residential lease agreements. Your right to protection against false, misleading or deceptive representations, Your right to protection against fraudulent schemes and offers, Your right to protection against pyramid and related schemes, Your right to assume that suppliers are entitled to sell goods, Right to Fair and Honest Dealing continued, Your right to changes, deferrals and waivers, and substitution of goods, Your right to protection against over-selling and over-booking, Right to Fair, Just and Reasonable Terms and Conditions, Your right to protection against unfair, unreasonable or unjust contract terms, Your right to obtain notice for certain terms and conditions, Your right to obtain free copies of agreements/contracts, Your right to refuse prohibited transactions, agreements, and terms or conditions, Your right to approach the Court to ensure fair and just conduct, terms and, Right to Fair Value, Good Quality and Safety, Your right to implied warranty of quality, Right to Fair Value, Good Quality and Safety continued, Your right to a warranty on repaired goods. 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. All Rights Reserved, Merchandise Marks Act, 1941 (Act No. In 2020 it is a renter’s market in South Africa – with the current oversupply of accommodation tenants generally can have their pick of where they want to stay. Producers, suppliers and importers are required to disclose the presence of any genetically modified ingredients, in compliance with international and South African laws and regulations. Require the consumers to forfeit any money to the supplier. Consumers have the right to assume that lessors have the legal right or authority to lease goods or products at the time that the lessees are to take possession of the leased goods. The implementation of the Act has gone a long way to redistribute the power equally among consumers and suppliers. Consumers are not liable to pay for repairs or maintenance services done without their prior approval. Suppliers are not permitted to require consumers to waive any rights, assume any obligations, waive any liability of the suppliers on terms that are unfair, unreasonable or unjust. The Consumer Protection Act applies to the following: The Consumer Protection Act has two (2) implementation dates: 1. 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. The Consumer Protection Act regulates the relationship between a consumer and a supplier and will apply to any agreement for the supply of goods and services. NB! Section 14 (2) continued. Suppliers are not permitted to charge unfair prices for the same goods and services. 34 of 2005 ("the NCA" or "Act") has had a significant impact on transactions involving deferred payment and interest in South Africa. Your right to receive warnings on the fact and nature of risks, Your right to recovery and safe disposal of designated products or components, Your right to have products monitored for safety and/or recalled, Your right to claim damages for injuries caused by unsafe/defective goods, Your right to protection in lay-bye agreements, Your right to protection with regard to prepaid certificates, credits and, vouchers, and access to prepaid services and service facilities. Companies and suppliers are not permitted to continue any unsolicited direct marketing of goods and services, once consumers have opted out. What does this mean for the ordinary consumer? Persons are not permitted to engage in fraudulent or unlawful financial transactions. 31 March 2011 (Gazette 33581 of 23 September 2010). NB: Customer loyalty programmes are loyalty credits or awards, which are a legal medium of exchange when offered or tendered as consideration for any goods or services offered, or transactions contemplated, in terms of such loyalty programmes/credits/awards. quality or quantity of goods, discounted of free thing being offered; Goods or services to which the offer relates; Steps required by consumers to accept the offers or receive the benefits of the offers; Particulars of any person from whom, any place where, and any date and time on or at which, the consumer may receive the prize, reward, gift, free good or service, price reduction or concession, enhancement of quantity or quality of goods or services or other discounted or free thing; Ensure that the supply of the particular prize, reward, gift, free or reduced price good, or the capacity to provide enhanced quality or services, is sufficient to accommodate all reasonably anticipated demands resulting from the offer; Not limit or restrict capacity to supply any such goods or services in response to the acceptance of the offer, on any basis other than that it applies to such a supply in exchange for any other form of consideration; and, Not require the consumer to accept an inferior quality of any such goods or services than those generally available to any other consumer on the same date who tenders a different form of consideration; and. 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