Incorrect item received with no communication

I will only log a return when I get feedback from Makro as I don't want this issue to be marked 'resolved' or finished before the actual problem has been fixed

Dear Makro Customer Service,

I am writing in response to your recent message, in which Makro states that an incorrect image was placed on the website, and that the item I received is “the correct product for the price” due to a website error.

I must advise that this explanation does not comply with the Consumer Protection Act (CPA) and cannot be used to refuse supplying the product as advertised and represented at the time of my purchase. Your reply relies on “Makro’s terms and conditions” and “pricing policy,” but please note:

➡️ No internal policy overrides national legislation.
1. Misrepresentation of Goods – CPA Section 29 & Section 41

Makro acknowledges that the image and representation on the website were incorrect.
Under Sections 29 and 41, suppliers may not advertise or display goods in a false or misleading manner. A “website error” does not exempt Makro from responsibility.
If the image and description displayed a specific product (in this case, the red welding face shield), then this is the product Makro represented and offered for sale.
2. Right to Receive Goods That Match Description – CPA Section 55

The CPA requires that products must match the description, sample, or model advertised at the time of sale. The product delivered does not match the product advertised.
Therefore, simply stating that the delivered item is “correct for the price” is not compliant with Section 55(2)(a).
3. Website Error Does Not Nullify Consumer Rights

Makro’s claim that this is a “website error” does not remove Makro’s legal obligation to:

• supply the product as advertised, OR
• notify the customer before completing the transaction if the advertised product is unavailable.

The CPA is clear: A retailer may not mislead consumers and then rely on internal policy to avoid accountability.

4. Refund Alone Is Not the Only Remedy Under the CPA Your email states that Makro will offer only a refund “at Makro’s discretion.”
This is also incorrect in law. Under the CPA, the consumer is entitled to choose between:

• a refund,
• a replacement, or
• a repair (where applicable).

In this case, the appropriate remedy is a replacement with the product that was advertised, if it is available.
A refund cannot be imposed on the consumer simply because Makro displayed the wrong information.

5. My Formal Request (CPA-Compliant Remedy) I am not asking for anything outside of my lawful rights. I require:

1. Written confirmation whether the advertised red welding face shield is available.
2. If available, Makro must supply the correct item, at the advertised price, with no additional cost.
3. Makro must collect the incorrect item that was delivered.
4. If the originally advertised item is truly unavailable, then Makro must provide a full refund, including delivery fees.

6. Notice of Escalation If this matter is not resolved within 5 business days, I will escalate it to:

• The National Consumer Commission (NCC),
• The Consumer Goods and Services Ombud (CGSO), and
• The Advertising Regulatory Board (ARB) for misleading and incorrect representation of goods.

This letter serves as formal notice of my intention to escalate should Makro fail to comply with the Consumer Protection Act.

I trust Makro will now handle this matter lawfully and in accordance with the rights afforded to all South African consumers.