PEP *****/ ******* PRACTICE

My sister bought a cellphone - KICKA - at PEP stores exactly a week ago, she had no joy since she bought the phone and asked if we could return it and swap for a bigger and more efficient phone. We were told by the store that this will not be possible, they informed us of their "no return policy on cellphones".

1) This policy was not explained to her on purchase, nor was she informed of it nor did she sign on the receipt that she accepts the terms of purchase but the Manager said she cannot help. 2)We have proof of this receipt and acknowledgement from Olga from the store that she did not explain the terms of purchase to the customer as she expected the client would be happy with the chosen device.

Despite the above such clause is ******** in terms of section 16 of the Consumer Protection Act which allows for return in terms of the "cooling off" clause.

Please see attached provision of the Consumer Protection Act, we intend to enforce this right and should a dispute arise in this regard we reserve our right to commence proceedings with the Consumer Protection Tribunal.

I have exhausted all internal mechanisms to address this matter, including speaking to the manager and head office which both departments refused to provide the e-mail address of the legal department.