AFTER SERVICE AND RETURNS ALWAYS NOT THE SAME AS CUNSUMER LAW

<p> </p> <p>Good day</p> <p> </p> <p>I bought STUFF from TFG online and once i received it i let them know i dont want it they said no they cant take it back and story after story, I phone head office they say phone online sales, they say phone customer service and so it goes on and on</p> <p> </p> <p>the one phone the screen flashes and doesnt come on the other one it not what was expected due to the specs thats not the same. the 2 way radio is not the correct make at all.</p> <p> </p> <p>I received goods online and would like to return it could you please send a courier to me. Tel: ********** </p> <p> </p> <p>I am still struggeling to get this sorted?</p> <p> </p> <p>i want to know consumer law states:</p> <p> </p> <p>d) right to return goods and seek redress for unsatisfactory services </p> <p>Right to return goods that could not be examined prior to delivery.<br />Consumers may return defective or unsafe goods and request a full refund, provided it is done within a reasonable period. <br />e) RIGHT TO RETAIN UNSOLICITED GOODS WITHOUT PAYMENT</p> <p>Consumers may return unsolicited goods or services at the expense and risk of the suppliers.<br />Unsolicited services and goods may be retained after twenty Business days. <br />f) RIGHT TO CANCEL DIRECT MARKETING CONTRACTS WITHIN THE COOLING-OFF PERIOD </p> <p>You are entitled to cancel agreements within the prescribed cooling-off period without incurring penalties of providing reasons for your decision.<br />Suppliers must refund within 15 days of receiving the cancelation notice<br />All direct marketing transactions must include a cooling off period of at least (5) Business days. <br />g) RIGHT TO CANCEL ADVANCE RESERVATIONS, BOOKINGS OR ORDERS </p> <p>You have the right to cancel any advanced order, bookings or reservation.<br />Depending on the nature and circumstances, suppliers are entitled to request a reasonable charge for the cancelation.<br />Suppliers are entitled to a reasonable deposit for bookings, orders and reservations. <br />h) RIGHT TO CHOOSE OR EXAMINE GOODS, EVEN AFTER PURCHASE AND DELIVERY</p> <p>Consumers may reject goods if it did not correspond with the examined samples.<br />Consumers can refuse items that were on display and request unopened new goods.<br />Consumers have a right to examine any item purchased or delivered.<br />Suppliers may charge consumers for loss or damage of goods if it resulted from any deliberate action, recklessness or gross negligence of the consumer. <br />3) RIGHT TO FAIR AND HONEST DEALING </p> <p>a) RIGHT TO ASSUME THAT SUPPLIERS ARE ENTITLED TO SELL GOODS</p> <p>It is a consumer’s right to assume that the supplier have the Legal right to sell the products and goods on promotion by the supplier or that the lessor have the authority to lease goods or products.<br />b) RIGHT TO PROTECTION AGAINST PYRAMID AND RELATED SCHEMES.</p> <p>Persons are not permitted to join, promote or participate in the following schemes:</p> <p>Any ********** schemes or ****s.<br />Chain letter schemes.<br />Multiplication schemes offering interest rates of 20% above the Reserve Bank repo rate.<br />Pyramid schemes, receiving compensation from recruitment of other participants.<br />c) RIGHT TO PROTECTION AGAINST FALSE, MISLEADING OR DECEPTIVE REPRESENTATIONS.</p> <p>Suppliers are not permitted to provide false, deceptive or misleading representations regarding services and products.<br />It is not permitted to use innuendo, ambiguity or exaggeration when referring to products or the benefits thereof.<br />4) RIGHT TO DISCLOSURE OF INFORMATION</p> <p>a) Right to information in plain and understandable language.</p> <p>Consumers have the right to demand agreement, contracts and other documents in a plain and understanding language.<br />b) Right to sales records</p> <p>Consumers are entitled to invoices and receipts<br />Suppliers must include the following in their invoices;<br />Supplier’s full contract information, business name and VAT<br />Name and description of goods<br />Transaction date<br />Unit price of items<br />Quantity of items<br />Total price, including TAXES<br />5) RIGHT TO FAIR AND RESPONSIBLE MARKETING</p> <p>a) Right to protection in catalogue marketing</p> <p>NB Catalogue marketing refers to any agreement, initiated by the consumer, by fax, telephone or other means, where the consumer could not properly inspect the goods.</p> <p>Suppliers must disclose the following:</p> <p>Registered name or licence number<br />Full address and contact details<br />Currency for sales<br />Sales records<br />Delivery arrangements<br />Instructions on lodging a complaint<br />Policy regarding refunds, returns, exchange and cancellations.<br />6) RIGHT TO ACCOUNTABILITY BY SUPPLIERS</p> <p>a) You have the following rights in any lay-Bye agreements</p> <p>Full refund of money paid plus interest<br />Keep your deposits in an interest bearing account<br />If the supplier fail to deliver goods, these suppliers must supply equivalent or superior products to the discretion of the consumer<br />7) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY</p> <p>a) Right to demand quality service</p> <p>Consumers are entitled to the following when entering into an agreement with a supplier</p> <p>Timely performance and completion of service<br />Notice of any unavoidable delays in the completion of the service<br />High quality of workmanship and service<br />Use and installation of goods, free of defects and good quality<br />Suppliers must remedy and defects in quality or services or refund the consumer a reasonable amount of the price of the service or goods.</p> <p>b) Right to safe, good quality goods</p> <p>Consumers are entitled to products in good quality and safe working condition and free of defects.<br /> Products must comply with the standards ACT NO 29 of 1993 or any other ACT REGULATIONS.</p> <p>c) Right to imp**** warranty of quality</p> <p>The producer, importer, distributor and supplier must warrant that the goods comply with requirements of being of good quality, durable and safe for the use as advertised or designed.<br />If goods are of inferior quality, unsafe or defective the consumer may return the product within a period of six months at the expense of the supplier.<br />Suppliers are obliged to repair, refund or replace the failed, defective or unsafe products<br />8) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY</p> <p>a) Right to quality service, when entering into agreements or contracts, consumers are entitled to the following:</p> <p>Goods that is free of any defects and of acceptable quality.<br />High quality service that a consumer is entitled to.<br />Timely performance and completion of the services.<br />Notice of any unavoidable delays in the performance of the contract or service.<br />b) Right to safe and good quality.</p> <p>Consumers have a right to receive services and goods in working order, free of defects and good quality and the items must comply with any standards set under the Standards Act No 29 of 1993 and any other public regulations as published from time to time.<br />c) Right to imp**** warranty of quality.</p> <p> </p> <p>If goods or products are of inferior quality, unsafe or defective, the consumer are permitted to return the goods to the supplier without any penalty and at the suppliers risk and expense within a period of (6) six months after receipt.<br />Suppliers are obliged to refund, repair or replace the defective goods at the discretion of the consumer.<br />d) Right to warranty on repaired goods.</p> <p> </p> <p>Every new or reconditioned part installed during any repair or maintenance task , including the labour to install it, must be guaranteed for a period of at least (3) three months.<br />NB! If consumers are found to be misusing or abuse goods or products while under warranty, the warranties are null and void.</p> <p>e) Right to receive warnings on the facts and nature of risks.</p> <p> </p> <p>Consumers must be provided with adequate instructions for the safe handling of goods as well as any hazards when using the products.<br />Suppliers are obliged to inform consumers of any risk of an unusual nature or character that consumers cannot reasonably predict, especially the circumstances that could result in serious injury or death.<br />f) Right to recovery and safe disposal of products or components.</p> <p> </p> <p>Suppliers are responsible for accepting and disposing of waste deemed unsuitable for disposal in common waste systems.<br />g) Right to have products monitored for safety and or recalled.</p> <p> </p> <p>Industry codes will make provision for the return / recall of hazardous, unsafe or defective goods.<br />h) Right to claim damages for injuries caused by unsafe or defective products.</p> <p>Producers, importers, distributors or retailers of any products are liable for any harm caused by their products due to the following:</p> <p>Supplying of any unsafe products.<br />Product failures, defects or hazards in any product.<br />When inadequate instructions or warnings were provided to the end user, pertaining from the use of the product, irrespective of whether the harm resulted from any negligence on the part of the producers, importers, distributors or retailers.</p> <p> </p> <p>Returns in light of the CPA</p> <p>The introduction of the Consumer Protection Act (CPA) 68 of 2008 has brought significant changes to business practice in South Africa. This article discusses the definition and the rights of the consumer when returning goods to the supplier as imposed by Sections 55 and 56 of the CPA. The background to this discussion involves a careful look at the CPA and the regulations thereof.</p> <p>The imp**** warranty of quality</p> <p>The CPA clearly states that every consumer has the right to safe and good quality products.</p> <p>More specifically, every consumer has a right to receive goods that:</p> <p>Are reasonably suitable for its intended purpose.<br />Are of good quality, in good working order and free of any defects.<br />Will be useable and durable for a reasonable period of time.<br />Comply with any applicable standards set under the Standards Act.<br />With regards to the reasonable suitability for its intended purpose, where the consumer informs the supplier of the particular purpose for which he wishes to acquire the goods and the supplier ordinarily offers to supply such goods or acts knowledgeable about the use of those goods, then the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that he has specified.</p> <p>When determining if any specific goods satisfy the requirements, all of the circumstances supplying those goods must be taken into account. This will include the manner in which and the purposes for which the goods were marketed, packaged and displayed; the use of any trade description or mark; any instructions for, or warnings against with respect to the use of the goods; the range of things that may reasonably be anticipated to be done with the goods; and the time of production and supply. It is important to note that Section 56 does not apply if the goods were purchased at an auction.</p> <p>What does the imp**** warranty of quality mean?</p> <p>If the goods do not meet the above requirements, the consumer may return the goods to the supplier within 6 months after delivery of the goods, without penalty and at the suppliers risk and expense,. The imp**** warranty and right to return goods are in addition to any other imp**** warranty or condition imposed by law or stipulated by the producer, importer, distributor or retailer.</p> <p>The supplier must, at the direction of the consumer, either repair or replace the defective goods or refund to the consumer the paid price. If a supplier repairs the goods or any component thereof and the defect is not remedied within three months after the repair or a further defect is discovered, the supplier must replace the goods or refund to the consumer the paid price.</p> <p>The imp**** warranty does not apply if the consumer was expressly informed that particular goods were offered in a specific condition. For example, it has some defect and the consumer expressly or through their actions agreed to accept the goods in that specific condition or where the goods have been tampered with in any way by the consumer. Consequently it becomes important for suppliers to make note of any defect at the time of conclusion of the transaction where the consumer agrees to accept the goods in that specific condition. This may simply be done by way of making a note on the invoice/cash sale document.</p> <p>Refund policies or warranties</p> <p>The imp**** warranty applies regardless of what a supplier’s refund policy and/or the manufacturer’s warranty states. However, should a supplier or manufacturer warrant a product a period longer than 6 months, the imp**** warranty will run concurrently with the warranty.</p> <p>In light of the above, it is clear that the consumer has the right to decide and cannot be forced into accepting a repair if they want a refund or replacement. There is a burden on the supplier to either collect or reimburse the consumer for all costs incurred as a result of the defective goods according to the CPA, stating that goods are returnable at the suppliers risk and expense.</p>