Non Compliance with Consumer Protection Act

Nicolway branch Branch Manager: Alice Kuba Date of purchase: Friday 12 June 2020 Purchased: Headphones with microphone Returned: 16 June 2020 Reason: Microphone does not work Complaint: 1. No hand sanitization on entering the store 2. No social distancing – assistants and manager invaded my space 3. Initially refused to give a refund – reason – you don’t have the packaging 4. Handed in my invoice/receipt and explained the problem – treated like I had committed a crime by the assistant in front of the other shoppers in the store 5. After complaining to manager (Alice Kuba) several times (and being ignored for 15 minutes), I was told I could get a refund less 15% because there is no packaging 6. Refused to accept the terms of the CPA – insisted that the Incredible Connection terms (which had not been shown to me on purchasing the goods) took precedence over the CPA. Excerpts from the Consumer Protection Act: 1. Clause 55 Imp**** warranty of quality In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an imp**** warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that: .. (b) are of good quality, in good working order and free of any defects; The goods did not comply 2. Clause 56 (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods. The manager did not comply with this clause. 3. Part G - Right to fair, just and reasonable terms and conditions Unfair, unreasonable or unjust contract terms. Terms and conditions unreasonable in respect of defective product. 4. Clause 48 (1) A supplier must not— (a) offer to supply, supply, or enter into an agreement to supply, any goods or services— (i) at a price that is unfair, unreasonable or unjust; or (ii) on terms that are unfair, unreasonable or unjust; Terms and conditions are unfair (iii) waive any liability of the supplier, must be drawn to the attention of the consumer in a manner and form that satisfies the formal requirements of subsections (3) to (5). Was not drawn to my attention. (4) The fact, nature and effect of the provision or notice contemplated in subsection (1) must be drawn to the attention of the consumer— Was not drawn to my attention. (a) in a conspicuous manner and form that is likely to attract the attention of an ordinarily alert consumer, having regard to the circumstances; Small print on the rear of an invoice is not conspicuous 5. Clause 51 Prohibited transactions, agreements, terms or conditions 51. (1) A supplier must not make a transaction or agreement subject to any term or condition if— (a) its general purpose or effect is to— (i) defeat the purposes and policy of this Act; The Terms and Conditions on the reverse of your invoice purport to protect my CPA rights and to add to my rights with a “change of mind/peace of mind return policy”. However, you then try to take my rights away by stating that goods must be returned in their original packaging. This CANNOT apply to defective goods. The packaging had to be destroyed to extract the headphones, which is anyway irrelevant. (ii) mislead or deceive the consumer; Expected outcome: Apology and refund of the balance of the purchase price within 48 Hours fro 08h00 17 June 2020.