CF
Courtney F
1 reviews | Active since Dec 2021
04 Dec 2021, 11:31
Galaxy & Co. deceptive and evasive practices
I received a pair of the tiniest "diamond" earrings for which I paid R3000. The setting is so flimsy that it appears to have been shoddily mass produced. I took one look at them through the transparent plastic wrap and chose to contact their customer service department to have them collected because Galaxy no longer has physical stores. They've now resolved the issue on the basis of their terms and conditions which state that earrings cannot be returned due to hygiene reasons. The earrings are still in their original packaging which has a tamper proof seal but they are refusing to take them back! The product detail page is also misleading and this is not the product that I expected to receive. Their hygiene policy obviously cannot be app**** to this scenario because the earrings haven't been removed from their tamper proof plastic wrap. Now it appears as though they're just running down the clock until the returns window closes too. This is a consumer protection issue now and their terms and conditions are not above the law.
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Replies (2)
TFG's replyOfficial
06 Dec 2021, 08:38Dear Courtney
Thank you for bringing this to our attention, our goal is providing consistent and excellent customer services.
This matter will be addressed and resolved with the highest priority.
The reference number for this query will be sent to you via SMS shortly.
Kind Regards
TFG Customer Support Team
TFG's reply06 Dec 2021, 08:38
Official
Dear Courtney
Thank you for bringing this to our attention, our goal is providing consistent and excellent customer services.
This matter will be addressed and resolved with the highest priority.
The reference number for this query will be sent to you via SMS shortly.
Kind Regards
TFG Customer Support Team
CF
Courtney F's updateReviewer Update
06 Dec 2021, 17:56Please see the below provisions of the Consumer Protection Act 68 of 2008.
S18(3) states that if the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
The item is much smaller and the design is of an inferior quality to that which the description and sample image may cause one to believe from the website detail page.
Section 20(1)(a) provides that a consumer has the right to return defective goods as contemplated by section 56.
Section 56(2) provides that 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 issue a refund to the consumer of the price paid.
Section 55(2)(b) and (c) provides that every consumer has a right to receive goods that are of good quality, in good working order and free of any defects and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply. The setting for these earrings are of inferior quality and I cannot see it being durable enough to be worn without these diamonds becoming dislodged after a very short period of time.
Section 41(3)(b)(iii) provides that it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that any goods or services are of a particular standard, quality, grade, style or model. The quality of this product as represented on your site is contrary to the quality reflected in the standard of the item which was delivered to me. It is defective to the extent that it has a material imperfection in the manufacturing of its components and your failure to correct this misapprehension after it was delivered and inspected, amounts to a misleading representation.
In terms of section 48(1)(ii) A supplier must not enter into an agreement to supply goods on the basis of terms that are unfair, unreasonable or unjust. This condition amounts to an unreasonably and unfairly app**** sanitary term due to the fact that the goods haven't been removed from their sealed protective packaging.
In terms of section 48(2)(a) a term or condition is unfair and unreasonable if it is excessively one-sided in favour of any person other than the consumer. This term can be determined to be biased in favor of TFG because it serves your company to retain the R3000 which I paid, while I am forced to retain possession of the unsatisfactory goods which are still in their undisturbed packaging.
Section 51(1)(b)(i) and (ii) provides that a supplier must not make a transaction or agreement subject to any term or condition if those terms directly or indirectly purport to waive or deprive a consumer of a right and avoid a suppliers obligation to act. The way in which this term is being imposed deprives me of my consumer rights and entitlements and is therefore being app**** ********ly.
The resolution that I seek is to be refunded for this purchase as I'm entitled to under section 56(2)(b).
S18(3) states that if the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
The item is much smaller and the design is of an inferior quality to that which the description and sample image may cause one to believe from the website detail page.
Section 20(1)(a) provides that a consumer has the right to return defective goods as contemplated by section 56.
Section 56(2) provides that 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 issue a refund to the consumer of the price paid.
Section 55(2)(b) and (c) provides that every consumer has a right to receive goods that are of good quality, in good working order and free of any defects and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply. The setting for these earrings are of inferior quality and I cannot see it being durable enough to be worn without these diamonds becoming dislodged after a very short period of time.
Section 41(3)(b)(iii) provides that it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that any goods or services are of a particular standard, quality, grade, style or model. The quality of this product as represented on your site is contrary to the quality reflected in the standard of the item which was delivered to me. It is defective to the extent that it has a material imperfection in the manufacturing of its components and your failure to correct this misapprehension after it was delivered and inspected, amounts to a misleading representation.
In terms of section 48(1)(ii) A supplier must not enter into an agreement to supply goods on the basis of terms that are unfair, unreasonable or unjust. This condition amounts to an unreasonably and unfairly app**** sanitary term due to the fact that the goods haven't been removed from their sealed protective packaging.
In terms of section 48(2)(a) a term or condition is unfair and unreasonable if it is excessively one-sided in favour of any person other than the consumer. This term can be determined to be biased in favor of TFG because it serves your company to retain the R3000 which I paid, while I am forced to retain possession of the unsatisfactory goods which are still in their undisturbed packaging.
Section 51(1)(b)(i) and (ii) provides that a supplier must not make a transaction or agreement subject to any term or condition if those terms directly or indirectly purport to waive or deprive a consumer of a right and avoid a suppliers obligation to act. The way in which this term is being imposed deprives me of my consumer rights and entitlements and is therefore being app**** ********ly.
The resolution that I seek is to be refunded for this purchase as I'm entitled to under section 56(2)(b).
CF
Courtney F's update06 Dec 2021, 17:56
Reviewer Update
Please see the below provisions of the Consumer Protection Act 68 of 2008.
S18(3) states that if the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
The item is much smaller and the design is of an inferior quality to that which the description and sample image may cause one to believe from the website detail page.
Section 20(1)(a) provides that a consumer has the right to return defective goods as contemplated by section 56.
Section 56(2) provides that 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 issue a refund to the consumer of the price paid.
Section 55(2)(b) and (c) provides that every consumer has a right to receive goods that are of good quality, in good working order and free of any defects and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply. The setting for these earrings are of inferior quality and I cannot see it being durable enough to be worn without these diamonds becoming dislodged after a very short period of time.
Section 41(3)(b)(iii) provides that it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that any goods or services are of a particular standard, quality, grade, style or model. The quality of this product as represented on your site is contrary to the quality reflected in the standard of the item which was delivered to me. It is defective to the extent that it has a material imperfection in the manufacturing of its components and your failure to correct this misapprehension after it was delivered and inspected, amounts to a misleading representation.
In terms of section 48(1)(ii) A supplier must not enter into an agreement to supply goods on the basis of terms that are unfair, unreasonable or unjust. This condition amounts to an unreasonably and unfairly app**** sanitary term due to the fact that the goods haven't been removed from their sealed protective packaging.
In terms of section 48(2)(a) a term or condition is unfair and unreasonable if it is excessively one-sided in favour of any person other than the consumer. This term can be determined to be biased in favor of TFG because it serves your company to retain the R3000 which I paid, while I am forced to retain possession of the unsatisfactory goods which are still in their undisturbed packaging.
Section 51(1)(b)(i) and (ii) provides that a supplier must not make a transaction or agreement subject to any term or condition if those terms directly or indirectly purport to waive or deprive a consumer of a right and avoid a suppliers obligation to act. The way in which this term is being imposed deprives me of my consumer rights and entitlements and is therefore being app**** ********ly.
The resolution that I seek is to be refunded for this purchase as I'm entitled to under section 56(2)(b).
S18(3) states that if the consumer has agreed to purchase goods solely on the basis of a description or sample, or both, provided by the supplier, the goods delivered to the consumer must in all material respects and characteristics correspond to that which an ordinary alert consumer would have been entitled to expect based on the description or on a reasonable examination of the sample, as the case may be.
The item is much smaller and the design is of an inferior quality to that which the description and sample image may cause one to believe from the website detail page.
Section 20(1)(a) provides that a consumer has the right to return defective goods as contemplated by section 56.
Section 56(2) provides that 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 issue a refund to the consumer of the price paid.
Section 55(2)(b) and (c) provides that every consumer has a right to receive goods that are of good quality, in good working order and free of any defects and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply. The setting for these earrings are of inferior quality and I cannot see it being durable enough to be worn without these diamonds becoming dislodged after a very short period of time.
Section 41(3)(b)(iii) provides that it is a false, misleading or deceptive representation to falsely state or imply, or fail to correct an apparent misapprehension on the part of a consumer to the effect, that any goods or services are of a particular standard, quality, grade, style or model. The quality of this product as represented on your site is contrary to the quality reflected in the standard of the item which was delivered to me. It is defective to the extent that it has a material imperfection in the manufacturing of its components and your failure to correct this misapprehension after it was delivered and inspected, amounts to a misleading representation.
In terms of section 48(1)(ii) A supplier must not enter into an agreement to supply goods on the basis of terms that are unfair, unreasonable or unjust. This condition amounts to an unreasonably and unfairly app**** sanitary term due to the fact that the goods haven't been removed from their sealed protective packaging.
In terms of section 48(2)(a) a term or condition is unfair and unreasonable if it is excessively one-sided in favour of any person other than the consumer. This term can be determined to be biased in favor of TFG because it serves your company to retain the R3000 which I paid, while I am forced to retain possession of the unsatisfactory goods which are still in their undisturbed packaging.
Section 51(1)(b)(i) and (ii) provides that a supplier must not make a transaction or agreement subject to any term or condition if those terms directly or indirectly purport to waive or deprive a consumer of a right and avoid a suppliers obligation to act. The way in which this term is being imposed deprives me of my consumer rights and entitlements and is therefore being app**** ********ly.
The resolution that I seek is to be refunded for this purchase as I'm entitled to under section 56(2)(b).