The Act sets out the minimum requirements to ensure adequate consumer protection in South Africa. to prohibit certain unfair marketing and business practices. Consumers have the right to cancel any advance reservations, bookings or orders. Suppliers are not permitted to accept payment or other consideration for any goods or services, if:They have no intention of supplying those goods or providing those services; and. Consumers have the right to demand contracts/agreements in easily-understood and plain language. 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. Purchase goods and services via lay-bye agreements. Companies and suppliers are not permitted to continue any unsolicited direct marketing of goods and services, once consumers have opted out. Consumers have the right to refuse unwanted sms’s, telephone calls, letters or ‘spam’ e-mail. Persons are not permitted to engage in fraudulent or unlawful financial transactions. Suppliers are not permitted to, directly or indirectly, provide consumers with false, misleading or deceptive representations regarding goods or services; and. 2. Consumers have the right to return goods that were not pre-examined prior to delivery. 526 Cape Town 29 April 2009 No. Suppliers are not permitted to use exaggeration, innuendo or ambiguity when referring to goods or services or the benefits thereof. 32186 THE PRESIDENCY No. Require the consumers to forfeit any money to the supplier. EV Eeden Consumer Protection Law in South Africa (2013) 377. Consumers are not liable to pay for repairs or maintenance services done without their prior approval. What the Act does do is assist consumers to successfully challenge the use of disclaimers and indemnities both in respect of the substance thereof and form. Promote a fair, accessible and sustainable marketplace for consumer products and services; Establish national norms and standards to ensure consumer protection; Make provision for improved standards of consumer information, to prohibit certain unfair marketing and business practices; Promote a consistent legislative and enforcement framework, related to consumer transactions and agreements; Establish the National Consumer Commission; and Replace, in a new and simplified manner, existing provisions from five acts, including the Consumer Affairs (Unfair Business Practices) Act of 1988; Trade Practices Act of 1976;Sales and Service Matters Act of 1964; Price Control Act of 1964; and Merchandise Marks Act of 1941 (specifically Sections 2-13, and 16-17). NB! DOWNLOAD FULL ACT Please note that is only as a brief summary of the main provision of the Code … Objectives of the Act The CPA regulates consumer and … Suppliers are not permitted to make a transaction or agreement if the terms and conditions: Subject the consumers to fraudulent conduct; Directly or indirectly deprives consumers of rights in terms of this Act; Avoid suppliers’ obligations or duties in terms of this Act; Limit or exempt suppliers of goods or services from liability for any loss, directly or indirectly attributable to the gross negligence of the suppliers or any persons acting for or controlled by the suppliers; Constitute an assumption of risk or liability by the consumers for a loss; Impose an obligation on consumers to pay for damage to, or otherwise; Require the consumers to enter into supplementary agreements; Falsely express an acknowledgement by the consumers that before the agreement was made, no representations or warranties were made in connection with the agreement by the supplier or a person on behalf of the supplier; or. 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. Full contact information, business names and addresses. Your right to disclosure by intermediaries, Your right to identification of deliverers, installers and others, Your right to protection against bait marketing, Your right to protection against negative option marketing, Your right to protection against direct marketing, Right to Fair and Responsible Marketing continued, Your right to protection in catalogue marketing. If consumers are not satisfied with the outcomes of the National Consumer Tribunal’s investigation into alleged unconscionable, unjust or unfair conduct on the part of the suppliers, they may approach the Court for its further consideration of these matters. The information contained herein is a summary of some of the key aspects of the Consumer Protection Act, 68 of 2008 (hereinafter referred to as ‘the Act’), and the Regulations, and is issued to clients as a … Consumers have the right to accept, restrict or refuse unwanted direct marketing. The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed term contracts/agreements, especially Leases. Prior to the establishment of the Consumer Protection Act 68 of 2008 (the Act) there was an unfavourable balance of power in respect of sale transactions in favour of the supplier. Consumers have the right to pre-authorise or refuse any additional repairs or maintenance services. the Sales and Service Matters Act, 1964 (Act No. E Karana, O Pedgley & V Rognoli Materials Experience: fundamentals of materials and design (2013) 147. 5. Free copies should include an itemised breakdown of financial obligations under such agreements. Consumers have the right to request written cost estimates/quotations from suppliers, prior to the suppliers executing any repairs or maintenance services. Negotiating, concluding, executing or enforcing agreements to supply goods and services; Demanding or collecting payments for goods or services; and. NB! Suppliers’ full contact information, business names and Value-Added Tax (VAT)     registration numbers. The Consumer Protection Act, No. Suppliers must extend fixed-term agreements on a month-to-month basis, if the consumers failed to request the cancellation of such agreements. Suppliers are obliged to make consumers aware of any risks of an unusual character or nature, risks of which consumers could not reasonably be expected to be aware, or which ordinarily alert consumers could not reasonably be expected to contemplate, depending on the specific circumstances or risk that could result in serious injury or death. Share; Share. The Bill of Rights enshrines the rights of all South Africans – including consumer rights. In this case, if the suppliers fail to deliver any goods, these suppliers must, at the discretion of the consumers, supply equivalent or superior products; Full refund of money paid, plus interest; and. Consumers are entitled to receive goods or services that are of good quality, in good working order and free of any defects, and that comply with any applicable standards set under the Standards Act, No. In the context of online shopping, this may appear to be a right in words only. Suppliers are required to keep records of transactions entered into over telephone or other recordable forms, in the event of the consumer-supplier agreement not being in writing. The Consumer Protection Act 68 of 2008 (hereafter "CPA"), provides a start from which we may derive certain rights and obligations which apply to online shopping. Product failure, defect or hazard in any goods; or. Steps required by consumers to participate in the programme or receive any benefits in terms of the programme; and. 4. Consumers should be treated equally, irrespective of gender, race, socio-economic status or geographic location. Consumers have the right to query the inferior quality of goods and services. Consumers are obliged to provide suppliers with 20 business days’ notice, in writing or other recorded means, of cancellation of fixed-term agreements. Consumers have the right to return unsafe or defective goods and request a full refund for such goods, provided this is done within a reasonable period. 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. All Rights Reserved. Every transaction occurring within the Republic of South Africa; Promotion or supply of any goods and services occurring within the Republic; and, Goods or services that are supplied or performed, in the Republic, in terms of transactions mentioned in the Act. Suppliers are required to disclose, by means of a clear and visible notice, that goods are being sold without the approval or licence of the registered trade mark owner. Copyright © 2020. Agreements giving effect to bargaining agreements (Section 213 of the Labour Relations Act). Consumers are entitled to retain unsolicited goods or services after 20 business days. the Trade Practices Act. 1976 (Act No. to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements. the Business Names Act, 1960 (Act No. Section 14 (2) continued. … Suppliers are required to return payments received from consumers, within 15 business days of receiving the cancellation notice. 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 required to honour the supply of goods or services on specified dates, times and other particulars, if committing to such arrangements in reservations or bookings. Since the implementation of the Act consumers who enter into transactions for the … Suppliers have the right to charge consumers for loss or damage of property/goods, if this resulted from gross negligence, recklessness or deliberate actions. 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. 25 of 1964). Country Guide: Consumer Protection And Product Liability In Bahrain And Oman 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. 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 … 3. Goods or services promoted or supplied to the state; Industry-wide exemption being granted to regulatory authorities; Credit agreements, in terms of the National Credit Act, but not goods or services; Agreements giving effect to collective bargaining agreements; and. Inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producers, importers, distributors or retailers, as the case may be. Under the Consumer Protection Act (CPA) a tenant may legally end a lease prematurely, subject to giving sufficient notice etc – are there situations where the landlord could also legally refuse to accept the tenant’s lease cancellation? Consumers are not obliged to enter into additional agreements with suppliers from whom they purchased goods or services (bundling). Before the passing of the Act in 2009, consumer protection in South Africa was not sufficiently regulated. Consumers have the right to demand paying the lower price for goods displaying two varying prices – suppliers are not permitted to charge consumers the higher price for the same goods. Suppliers are entitled to request a reasonable, advance deposit for reservations, bookings or orders, depending on the nature of the business and specific circumstances. This clause is often included in fixed-term contracts and refers to the instant renewal of one’s contract upon reaching its expiry date. This law is the first in South Africa to embrace the legal rights of a consumer which are recognised worldwide. Consumers have the right to cancel agreements within the cooling-off period, without providing reasons or incurring penalties for doing so. 68 of 2008 was signed on 24 April 2009. The Consumer Protection Act is a comprehensive piece of legislation which aims to regulate the consumer market widely. Suppliers are obliged to refund, repair or replace the failed, unsafe and defective goods. From 1 April 2011, the Consumer Protection Act (“CPA”) provides protection to these consumers against such suppliers. Parallel/grey goods are goods intended for sale in one national market, but imported from their original destination for sale in another market; for example, goods intended for China, sold in South Africa. Labour Guide. 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; I maintain deferment granted in March 2011 in relation to sections 8 to 10 and sections 53 to 61 of the Consumer Protection Act in respect of medium capacity municipalities until 31 December 2012, subject to the findings of a joint review by the Minister of Trade and Industry and Cooperative Governance and Traditional Affairs to be completed before this date. 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. Revolutionary or a double edged sword, the Consumer Protection Act (CPA) comes into effect next month. As ICPA operates in a highly regulated pharmaceutical market, it has employed the services of Dommisse Attorneys to assist ICPA in its commercial endeavours. The information is provided is by the Department of Trade and Industry, The website is not compatible with this IE version,please upgrade to the latest version of Internet Explorer. Suppliers are required to specify the duration of any promotions in catalogues or brochures, failing which consumers have the right to purchase the goods or services at the specified prices. 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. 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. Your right to clear disclosure of reconditioned or grey market goods, Right to Disclosure of Information Continued. to promote responsible consumer behaviour. 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 select the supplier of your choice. REPUBLIC OF SOUTH AFRICA Vol. 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. Consumers are permitted to return goods to suppliers, without penalty and at the suppliers’ risk and expense, within a period of six (6) months after delivery of such goods, if the goods are of inferior quality, unsafe or defective. 526 Cape Town 29 April 2009 No. Consumers are persons to whom goods or services are marketed, who have entered into transactions with suppliers, users of particular goods or recipients/beneficiaries of services. Other than prohibition of disclaimers and indemnities in respect of gross negligence, the Consumer Protection Act does not forbid the use of disclaimers and indemnities. Reasonable penalties may apply. Consumers have the right to opt out of receiving unsolicited direct marketing services by blocking the relevant supplier/marketer. Consumers have the right to shop around for the best prices, goods and services. Consumers have the right to refuse display items or opened goods, and request unopened/ new goods. 25 of 1964). I… if consumers receive unwanted or unsolicited goods or services, they are under no obligation to pay for these goods or services. Consumers are entitled to obtain free copies or free electronic access to copies of agreements/contracts, irrespective of whether consumers have entered into such agreements/contracts. General effective date: Eighteen (18) months after signature (October 2010) – date on which all provisions of the Act will be applicable. Recovering goods or services from consumers. South Africa emulates many first-world countries and aligns itself with the United Nations and the European Union guidelines on Consumer protection by codifying a common law for Consumer rights. 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. They intend to supply goods that are materially different from the goods or services, for which payment was accepted. virtually every business that trades in South Africa, as well as voluntary associations. Suppliers are responsible for accepting and disposing of waste deemed unsuitable for disposal in common waste systems, if so specified in any national legislation. 17 of 1941), Electronic Communications and Transactions Act 25 of 2002, Amended by National Credit Amendment Act 19 of 2014. to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection. The Consumer Protection Act is a distinct field of law and the concept is still relatively new in South Africa. Consumers are entitled to reject goods if they do not correspond with pre-approved samples. REPUBLIC OF SOUTH AFRICA Vol. 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. This Act constitutes an overarching framework for consumer protection, and all other laws which provides for consumer protection (usually within a particular … The promulgation of the Consumer Protection Act, 68 of 2008 on 1 April 2011, consumer law has suddenly become a new headache for businesses and they had to make a lot of adaption’s to operate within the specific act. Consumers have the right to return unsolicited goods or services, at the risk and expense of the suppliers. supplier of goods or services, we can provide you with a returns policy that is in line with the CPA. Not impose any monetary charge for the administration, processing or handling of a transaction, in respect of which the consumer tenders a trade coupon – this only applies where a membership fee is being paid. 76 of 1976), the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 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. NB! As consumers interact with various … Suppliers are required to provide consumers with prior written notice of clauses in agreements that may constitute a potential risk or liability to consumers. Consumer Protection Act 68 of 2008 section 53. A trade description refers to the name of the producer, the product’s number, quantity, measure, etc. This type of renewal has recently made headlines in South Africa specifically in terms of gym membership … Auctioneers are required to close auctions by visibly or audibly announcing their completion. The National Credit Act No. As stated in the Act, its main goals are to: Promote a fair, accessible and sustainable marketplace for consumer products and services Consumer Protection Act (CPA) National Credit Act (NCA) ... (ICPA) is an organisation which attends to the business requirements of privately owned pharmacies in South Africa as well looking after their collective interest. The Act was therefore developed to provide a legislative framework that protects the rights of consumers. Persons are not permitted to make promotional offers with the intention of not fulfilling them, or fulfilling them in a manner other than as offered. It changed Consumer Law irrevocably and the entire intention of the Act is to protect Consumers against unfair business practices which had become rife. It is intended to protect the vulnerable consumer, and thus knowledge of consumer rights across the board is essential. Suppliers are obliged to include limitations in respect of the availability of goods or services when advertising such items, and honour such agreements. Suppliers are required, when auctioning goods or products in lots and unless otherwise stated, to auction lots separately, via separate transactions. 29 of 1993 or any other public regulation. Suppliers are not permitted to charge consumers for drawing up any cost estimates/ quotations. 71 of 1988), and, to make consequential amendments to various other Acts; and. Intermediaries, such as brokers, sales representatives and estate agents, are required to disclose their associations or affiliations with the entities/persons they represent. 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