entrapment and wrongful misguidance into signing a legal agreement

<p>On 06-08-2016 at around 14: 45 me and my wife made a purchase of R 479.85 at the counter/cashier at the cosmetics department in the Alberton City Edgars branch.</p> <p>The lady that was operating the cash register swiped my wife’s Edgars account thank you card. Before she started scanning the two products (A tie and men’s perfume) we wanted to buy, she told me and my wife that there is this new credit insurance and customer service fee option available and that the screen pad on the counter is providing us with an option to accept or decline this new services.</p> <p> </p> <p>My wife clearly said ‘No’ she did receive information on this and do not wish to accept the new terms and conditions. We both turned to the screen pad to read the sentence on display which started by stating: “if you wish to accept the new …. .. . please tick in the box below” but while we were reading, the cashier who had the electronic pen in her hand, ticked the box and clicked on the ‘ok’ or ‘accept’ button (I could not make out as it was done before we were finished reading).</p> <p>Immediately the next screen appeared and the cashier asked my wife to sign. My wife argued with her and stated that the cashier ticked the box wrongfully on the previous screen option, which my wife does not want to be clicked because it is an indication that she then accepts the new services and policy. The cashier said ‘No’, my wife does not understand, she ticked the box to indicate that my wife does NOT want the new service structure and that she has to sign now to confirm that she is not accepting it. Again my wife said that she does not wish to sign because signing it will confirm that she agrees with the ticked box that stated that she is accepting the new conditions. Again the cashier said that my wife does not understand the process, she explained that by clicking on the empty box she confirmed on my wife’s behalf, that my wife does not accept the new terms and conditions and she further explained that if my wife does not sign, she cannot continue to administrate the purchase of the products.</p> <p> </p> <p>Reluctantly my wife signed, under the impression and understanding that she declined the new service structure, and the cashier continued with our purchase and we left.</p> <p> </p> <p>On Monday 29 August my wife received an email stating: “ Thank you for agreeing to the amendment of your terms and conditions on 2016-08-07.</p> <p>We viewed the document and realised that we were indeed ******* into this new agreement.</p> <p> </p> <p>Under the consumer protection act we want to express that we were misled and misguided and **** to during a legal agreement and we see this whole transaction and acceptance of terms and conditions as a false undertaking by someone else on behalf and on my wife’s account, based on the following:</p> <p>1. My wife was at no stage during the purchasing process in a position to read for herself the options on the electronic pad and to fully comprehend and understand what she was offered.</p> <p>2. My wife was not granted the opportunity to make her own decision because the cashier ticked a box on the electronic pad whilst talking to us and explained that by ticking that box, she is making the choice for my wife exactly as my wife wants the choice to be – this was a LIE by an employee of the service provider – she was doing the exact opposite of what my wife clearly and loudly stated twice, that she does not wish to accept any new terms and conditions.</p> <p>3. The cashier ******* my wife into signing the electronic pad by stating that she did indicate on the electronic pad that my wife does not wish to accept and that she must only sign to confirm and then we can continue with the purchase.</p> <p> </p> <p>Collectively all of the above clearly confirm that what was agreed upon was not the clear and conscious decision of my wife and she cannot be held accountable because her signature appears on the terms and conditions, the circumstances leading to her signature being on that contract must be taken into account. We are very upset and feel like we were misled and **** to by a professional employee of Edgars and that this now has a negative financial impact on us.</p> <p>We are both prepared to put this statement under oath at the local SAPS and wish the store manager to access the video footage of that specific counter as well to confirm our body language and actions during the purchase and also to confirm that the cashier is indeed clicking on the pad on options whilst we are shaking our heads and talking to her, indicating that it is not correct from the little bit we were allowed to read.</p> <p> </p> <p>We respectfully request that this matter be investigated and that this new agreement be cancelled and the old and original terms and conditions still apply to my wife’s edcon account. We trust you will do everything to assist us in this matter, but please note that if this situation cannot be amended to its original state, we will source legal help to rectify this wrongful entrapment of signing for something we did not agree upon.</p> <p> </p>