Cell C ******* Bait Marketing

<p>Hi Cell C,</p> <p> </p> <p><br />i have made numerous attempts to resolve this issue, it seems one uninformed consultant calls me after the next.</p> <p>Then ignorance takes over when i try to explain why Cell C is violation my constitutional rights, and they insist that i have no foot to stand on since i signed a contract, a contract that is itself in violation of CPA</p> <p>(Consumer Protection Act).</p> <p>It is very difficult, to define an argment, where the opposition doesn't understand why you are infact correctly applying the law.</p> <p> </p> <p><br />I thought it would make it simple, and this is the very last time i will raise this concern, before escaltion to the DTI and NCT.</p> <p> </p> <p><br />i refer you to CPA right no .5: </p> <p>-Suppliers are not permitted to mislead consumers in respect of pricing, the nature,<br />properties, advantages or uses of goods or services advertised, if such goods or services<br />are not actually available for purchase or procurement in accordance with these standards.<br />-Suppliers are obliged to include limitations in respect of the pricing, availability of goods or services<br />when advertising such items, and honour such agreements. </p> <p> </p> <p><br />i also refer you to CPA right no. 7:</p> <p>The consumer has the right to refuse prohibited transactions, agreements, and terms or<br />conditions.</p> <p>-Suppliers are not permitted to make a transaction or agreement if the terms and conditions:<br />o Are contrary to this Act;<br />o Mislead or deceive consumers;<br />o Subject the consumers to ********** conduct;<br />o Directly or indirectly deprives consumers of rights in terms of this Act;<br />o Avoid suppliers’ obligations or duties in terms of this Act;<br />o Limit or exempt suppliers of goods or services from liability for any loss, directly or<br />indirectly attributable to the gross negligence of the suppliers or any persons acting for or<br />controlled by the suppliers;<br />o Constitute an assumption of risk or liability by the consumers for a loss;<br />o Impose an obligation on consumers to pay for damage to, or otherwise;<br />o Require the consumers to enter into supplementary agreements;<br />o Falsely express an acknowledgement by the consumers that before the agreement was<br />made, no representations or warranties were made in connection with the agreement by<br />the supplier or a person on behalf of the supplier; or<br />o Require the consumers to forfeit any money to the supplier</p> <p> </p> <p><br />i would like to bring your attention to CPA right no. 6:</p> <p>The consumerhas the right to protection against false, misleading or deceptive representations<br />• Suppliers are not permitted to, directly or indirectly, provide consumers with false,<br />misleading or deceptive representations regarding goods or services; and<br />• Suppliers are not permitted to use exaggeration, innuendo or ambiguity when referring to<br />goods or services or the benefits thereof</p> <p> </p> <p><br />Finally CPA rights no.4:</p> <p>Your right to disclosure of prices of goods and services<br />• Suppliers are required to display the prices of goods and services, in full view of<br />consumers;<br />• Consumers have the right to request the unit cost of goods and services, so as to avoid any<br />‘hidden’ costs.<br />• Suppliers are required to specify the duration of any promotions in catalogues or brochures,<br />failing which consumers have the right to purchase the goods or services at the specified<br />prices.<br />• Consumers have the right to demand paying the lower price for goods displaying two<br />varying prices – suppliers are not permitted to charge consumers the higher price for the<br />same goods.</p> <p>Consumers have the right to demand confirmation of purchases made, in the form of<br />receipts or invoices. Invoices and reciepts are the diplay the agreed details clearly:</p> <p>o Suppliers’ full contact information, business names and Value-Added Tax (VAT)<br />registration numbers.<br />o Name and description of goods;<br />o Date/s on which the transaction/s took place;<br />o Unit price of goods purchased;<br />o Quantity of goods purchased;<br />o Total price of transaction/s, including any applicable taxes; and<br />o Full contact information, business names and addresses.</p> <p> </p> <p><br /> </p> <p><br />Now that i have taken the liberty to inform you why you are violating my rights i require the following:</p> <p> </p> <p><br />I have a cell c modem, it was an advertised product, it was NOT and still is not ,on PROMOTION, or in the promotion section of your website.</p> <p>The price i agreed to is :R499 per month for the 60GB (30GB day and 30GB night), after making a decision and agreeing to the price, i was then requested to release my ITC details to Cell C to start the process. At this point as the consumer, i have commited and have taken the first step thereby locked into the deal, as a relase of my ITC report is a commitment, with RISK. (too many ITC inquiries have an adverse effect the creditworthyness).</p> <p> </p> <p><br />Shortly thereafter, a contract was printed, indicating that the device is on "promotion" and has a original price and a discounted price. keeping inmind that cell c is a huge company within RSA and is most likely to have deals executed within the limits of the law. Also keeping inmind, that CPA right NO.7 :-Suppliers are not permitted to make a transaction or agreement (CONTACT) if the terms and conditions:<br />o Are contrary to this Act.(CPA)</p> <p>In good faith, i signed the contract.</p> <p> </p> <p><br />1. The contract indicates a price that i did NOT agree to, i did not agree to a discounted device, it is NOT on the adverti*****t, and was not noted before i issued my first RISK towards this agreement.</p> <p>2. The invoice indicates a discounted device, i DID NOT agree to a discount device, i demand that the price indicated is proportional to the advertised price.</p> <p>3. Concerning the Cell C operators arguement:</p> <p>The advert says "T&C's apply" and they may be veiwed on the Cell C website, -</p> <p>3.1 : A Price or cost must be in FULL veiw of the consumer, before they agree and apply risk to the agreement and cannot be hidden in the T&C's.</p> <p>3.2 Even SO - theT&C's on the website, do NOT indicate any details regarding the price of my ,modem, or indicate that it will be described and have a discounted price on the invoice.</p> <p> </p> <p><br />I am not going to entertain any futher ******** activity(violation of a constitutional act), where the violation has been clearly indicated to the supplier, and have totally ignored it. i have a recorded call, where the cell C representitive confirms he clearly understands what i am saying, and that there is a issue regarding a constitution act, and continues to say "sorry but if you signed the contract, you are forced to comply, even over and beyond any laws".</p> <p> </p> <p><br />I offer 3 days to resolve this issue, before escalation.</p>