Broken NEW SAMSUNG GALAXY S21

Thank you for your email, you are within your rights to request a full refund for the product as it is “defective” and not fit for the purpose for which it was purchased. In terms of the CPA, all goods sold to a consumer are sold with an imp**** warranty of quality, which cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:

• Are reasonably suitable for the purpose that they are intended to be used for,
• Are of good quality, free of defects and in good working order, and
• Will be durable and usable for a reasonable period of time.

If goods are found not to comply with these requirements then;

• Up to 6 months after receiving the goods;
• The consumer can return the goods, or
• Get the goods replaced, or
• Get the goods repaired.
• The consumer can do any of these things without penalty; and
• At the suppliers cost.

** Suppliers are obliged to warrant every new or reconditioned part installed during any repair or maintenance work, and the labour required to install it, for a period of three (3) months after the date of installation or a longer period, as the supplier may specify in writing. No supplier may ambit outside the CPA, thus meaning they may not make up their own rules and regulations. The Consumer Protection Act, No.68 of 2008, which came into effect on 31 March 2011 is not just a guideline for consumers as some may presume. It is a consumer’s right to protection against discriminatory marketing practices, disclosure of information, right to fair & honest dealing and accountability by suppliers. Consumers also have the right to query the inferior quality of goods and services. Suppliers are not permitted to directly or indirectly, provide customers with false, misleading or deceptive representations regarding goods or services. We would be able to assist you by making use of our mediation process, please see below for more information and clarity on the process and pricing. Our Mediation Process: We are private Mediators and Arbitrators, specializing in alternative dispute resolution (ADR), the advantage of ADR is that we do not charge exorbitant fees like lawyers but we charge a fixed price to resolve the dispute. We will follow the prescribed process of Sec 70 of the Consumer Protection Act, which is as follows: 1) Send a letter to the supplier and request them to mediate the matter. 2) If no response we will follow up with a second letter. 3) We issue a certificate that the matter could not be resolved by mediation. 4) We will refer the dispute on your behalf to the necessary forums. 5) If you are not satisfied with the outcome of the forums we will also assist you to refer the matter to the National Consumer Commission as a value added service. Please note that we will assist you to draft the documentation but it is your responsibility to mail or fax the final documents to the Commission. Please note that Private sales cannot be referred to the NCC, they will be referred for litigation by consumers own choice of lawyer. (Definition of PVT sale - The CPA would protect a buyer who buys a car from a dealer. However, a private sale of property is not a transaction which falls within the ambit of the CPA, as you were not acting within the ordinary course of your business, and therefore the common law position applies.) 6) We will supply the parties with a summary of e-mail correspondence but we reserve the right to edit some of the wording without changing the factual content of the mail. We will assist you with the full process at a fee of R 750-00, which includes all the correspondence, mediation, drafting of documents and referral to the various forums. Our services will include advising you on all correspondence between yourself and the other parties if and when needed. Please note that our founder (Duon Odendaal) is a registered panellist of the Arbitration Foundation of South Africa and duly registered as a Mediator and Arbitrator. We guarantee that we will act professional and within the prescribed rules of the Arbitration Foundation as well as the Arbitration Act. Please do not hesitate to contact me for more information or inform me if you are interested in our services. I would like to thank you for your interest in our organisation and the mediation process. Kind Regards Marleen De Lange SA CONSUMER COMPLAINTS 153 Elizabeth Street, Wonderboom, PTA, 0182T:+***6 / +***4 f: +***3 e: ***w: www.saconsumercomplaints.co.za From: ***[mailto:***] On Behalf Of Louis Strydom
Sent: Monday, 29 March 2021 08:39
To: ***
Subject: Consumer Complaints South Africa "Vodacom" From: Louis Strydom
Email : ***
Subject: Vodacom
Contact No : ***Message Body:
I took out a cell phone contract with Vodacom for 2 years effective 8 March 2021. In terms of this contract I received a Samsung Galaxy S21 cellphone. The phone has stopped working and today (29 March 2021) I went to Vodacom Constantia to have it checked out. They could not fix it and said the phone had to be sent to Samsung for diagnostic tests. Samsung said it would take up to 4 weeks before we would get back the phone. In the meantime I have no phone and I’m paying for a cellphone contract which I’m not using. This is not fair and surely we should have some remedy in terms of the CPA. The phone is exactly 3 weeks old and has no physical damage to it. Vodacom is unwilling to accommodate me by either cancelling the contract; provide me with credit/contract extension for the time the phone is not in use or provide a phone on loan until the phone is fixed or replaced.I would be very thankful if you could advise me in this matter--
This e-mail was sent from a contact form on Consumer Complaints South Africa (http://www.saconsumercomplaints.co.za)