STILL GOING ON REGARDING A RESOLVED ISSUE

Now the lay Nadia said that it is a legal and binding contract, Ok were was the legal and binding matters when they did take my banking details but did not capture it? where was it when they asked for an extra contact person and number and did not capture that and where was that legal and binding contract when the took my contact information and did not capture it???????????????

Now again it comes down to take us to court if you have a problem, she advised me that i would not get anything done as it still is a legal and binding contract???????????????????

How must I trust these norrow minded people with my car????????????????????????????

FYI

The South African Consumer Protection Act, No 68 of 2008 was signed on 24 April 2009 and the purpose of the Act is to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights. The Consumer protection Act define a consumer as any person to whom goods and services are marketed, who is a user of the supplier’s goods, enters into a transaction with the supplier or service provider of any services and products.

As a consumer you have certain rights and you must know your rights and consumers should be aware that they are entitled to enforce their rights. The consumer protection act and the Bill of Rights allow consumer certain rights and these include the following:

Right to privacy.
Right to choose your product.
Right to fair and honest dealing.
Right to disclosure of information.
Right to fair and responsible marketing.
Right to accountability by suppliers.
Right to fair value, good quality and safety.
Right to fair, just and reasonable terms and conditions.
Right to Equality in the consumer market and protection against discriminatory marketing.
As leaders in the market we would like to explain your rights in more detail and in an understandable manner. We belief that our users are ordinary people that does not specialise in the Consumer Protection Act and should be able to understand the basics of the Act without any Legal Jargon and fancy Latin words.

1) RIGHT TO PRIVACY

Consumers have a right to refuse unwanted direct marketing such as telephone calls, sms’s, spam e-mail or letters. Once opted out the supplier is not entitled to continue any unsolicited direct marketing.

2) RIGHT TO CHOOSE YOUR PRODUCT

a) Right to select supplier

As a consumer you have the right to shop around for the best products and services and the most economical prices.

b) Right to renew or cancel a fixed term agreement:

Consumers may terminate fixed term agreements upon expiry without any changes or penalties.
If consumers fail to cancel fixed term agreements, the supplier must extend the agreement on a month-to-month basis.
Consumers are obliged to give suppliers at 20 business day’s written notice for the cancellation or a fix term agreement. Suppliers may charge reasonable penalties on early cancellations.
c) right to request pre-authorisation for maintenance and repairs

Suppliers may not charge for any diagnostic work or inspections to prepare quotations or estimates unless there was a prior agreement.
You have a right to refuse or preauthorise additional maintenance or repairs.
Consumers have a right to requests a written quotation prior to executing any repairs or maintenance
Suppliers are not allowed to charge a consumer for preparing a cost estimate
Consumers can not be held liable to pay any maintenance or repair, done without the Consumer’s prior consent.
d) right to return goods and seek redress for unsatisfactory services

Right to return goods that could not be examined prior to delivery.
Consumers may return defective or unsafe goods and request a full refund, provided it is done within a reasonable period.
e) RIGHT TO RETAIN UNSOLICITED GOODS WITHOUT PAYMENT

Consumers may return unsolicited goods or services at the expense and risk of the suppliers.
Unsolicited services and goods may be retained after twenty Business days.
f) RIGHT TO CANCEL DIRECT MARKETING CONTRACTS WITHIN THE COOLING-OFF PERIOD

You are entitled to cancel agreements within the prescribed cooling-off period without incurring penalties of providing reasons for your decision.
Suppliers must refund within 15 days of receiving the cancelation notice
All direct marketing transactions must include a cooling off period of at least (5) Business days.
g) RIGHT TO CANCEL ADVANCE RESERVATIONS, BOOKINGS OR ORDERS

You have the right to cancel any advanced order, bookings or reservation.
Depending on the nature and circumstances, suppliers are entitled to request a reasonable charge for the cancelation.
Suppliers are entitled to a reasonable deposit for bookings, orders and reservations.
h) RIGHT TO CHOOSE OR EXAMINE GOODS, EVEN AFTER PURCHASE AND DELIVERY

Consumers may reject goods if it did not correspond with the examined samples.
Consumers can refuse items that were on display and request unopened new goods.
Consumers have a right to examine any item purchased or delivered.
Suppliers may charge consumers for loss or damage of goods if it resulted from any deliberate action, recklessness or gross negligence of the consumer.
3) RIGHT TO FAIR AND HONEST DEALING

a) RIGHT TO ASSUME THAT SUPPLIERS ARE ENTITLED TO SELL GOODS

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.
b) RIGHT TO PROTECTION AGAINST PYRAMID AND RELATED SCHEMES.

Persons are not permitted to join, promote or participate in the following schemes:

Any ********** schemes or ****s.
Chain letter schemes.
Multiplication schemes offering interest rates of 20% above the Reserve Bank repo rate.
Pyramid schemes, receiving compensation from recruitment of other participants.
c) RIGHT TO PROTECTION AGAINST FALSE, MISLEADING OR DECEPTIVE REPRESENTATIONS.

Suppliers are not permitted to provide false, deceptive or misleading representations regarding services and products.
It is not permitted to use innuendo, ambiguity or exaggeration when referring to products or the benefits thereof.
4) RIGHT TO DISCLOSURE OF INFORMATION

a) Right to information in plain and understandable language.

Consumers have the right to demand agreement, contracts and other documents in a plain and understanding language.
b) Right to sales records

Consumers are entitled to invoices and receipts
Suppliers must include the following in their invoices;
Supplier’s full contract information, business name and VAT
Name and description of goods
Transaction date
Unit price of items
Quantity of items
Total price, including TAXES
5) RIGHT TO FAIR AND RESPONSIBLE MARKETING

a) Right to protection in catalogue marketing

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.

Suppliers must disclose the following:

Registered name or licence number
Full address and contact details
Currency for sales
Sales records
Delivery arrangements
Instructions on lodging a complaint
Policy regarding refunds, returns, exchange and cancellations.
6) RIGHT TO ACCOUNTABILITY BY SUPPLIERS

a) You have the following rights in any lay-Bye agreements

Full refund of money paid plus interest
Keep your deposits in an interest bearing account
If the supplier fail to deliver goods, these suppliers must supply equivalent or superior products to the discretion of the consumer
7) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY

a) Right to demand quality service

Consumers are entitled to the following when entering into an agreement with a supplier

Timely performance and completion of service
Notice of any unavoidable delays in the completion of the service
High quality of workmanship and service
Use and installation of goods, free of defects and good quality
Suppliers must remedy and defects in quality or services or refund the consumer a reasonable amount of the price of the service or goods.

b) Right to safe, good quality goods

Consumers are entitled to products in good quality and safe working condition and free of defects.
Products must comply with the standards ACT NO 29 of 1993 or any other ACT REGULATIONS.

c) Right to imp**** warranty of quality

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.
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.
Suppliers are obliged to repair, refund or replace the failed, defective or unsafe products
8) RIGHT TO FAIR VALUE, GOOD QUALITY AND SAFETY

a) Right to quality service, when entering into agreements or contracts, consumers are entitled to the following:

Goods that is free of any defects and of acceptable quality.
High quality service that a consumer is entitled to.
Timely performance and completion of the services.
Notice of any unavoidable delays in the performance of the contract or service.
b) Right to safe and good quality.

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.
c) Right to imp**** warranty of quality.

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.
Suppliers are obliged to refund, repair or replace the defective goods at the discretion of the consumer.
d) Right to warranty on repaired goods.

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.
NB! If consumers are found to be misusing or abuse goods or products while under warranty, the warranties are null and void.

e) Right to receive warnings on the facts and nature of risks.

Consumers must be provided with adequate instructions for the safe handling of goods as well as any hazards when using the products.
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.
f) Right to recovery and safe disposal of products or components.

Suppliers are responsible for accepting and disposing of waste deemed unsuitable for disposal in common waste systems.
g) Right to have products monitored for safety and or recalled.

Industry codes will make provision for the return / recall of hazardous, unsafe or defective goods.
h) Right to claim damages for injuries caused by unsafe or defective products.

Producers, importers, distributors or retailers of any products are liable for any harm caused by their products due to the following:

Supplying of any unsafe products.
Product failures, defects or hazards in any product.
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.

SA Consumer Complaints as a private organisation and has no association with the National Consumer Commission or the Department of Trade and Industry.

Consumer Protection Law has, until recently, enjoyed the least attention and this complex field was largely unregulated. In recent years, the South African government passed the Consumer Protection Act and a number of associated regulations into law in terms of which consumers enjoy extraordinary protection against suppliers.

While the Consumer Protection Act beefs up protection for consumers, which is welcomed, the Act may have unforeseen consequences including increased prices as retailers, wholesalers, and manufacturers take steps to minimize potential losses and pay for lawsuits.

As regards the liability for damage caused by goods, the major difference between the legal position in terms of Section 61 of the Consumer Protection Act, and the common law position on the liability of any person who is a link in the supply chain of goods to a consumer is that whereas the common law requires that the person be negligent or that there be breach of an explicit or imp**** contractual term, Section 61 imposes a no fault liability on any producer or importer, distributor or retailer of any goods for damage caused wholly or partly as a consequence of supplying any unsafe goods, a product failure, defect or hazard in any goods, or inadequate instructions or warnings provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective whether the harm resulted from any negligence on the part of the producer, importer, distributor or retailer, as the case may be. Thus, the consumer may hold at their whim any or all persons in the supply chain liable for damages, the one paying the others to be absolved.

The Consumer Protection Act further provides that every consumer has a right to receive goods that are reasonably suitable for the purposes for which they are generally intended for, are of good quality, in good working order and free of any defects, 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, and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993) or any other public regulation. In addition to the right set out above, if a consumer has specifically informed the supplier of the particular purpose for which the consumer wishes to acquire any goods, or the use to which the consumer intends to apply those goods, and the supplier ordinarily offers to supply such goods or acts in a manner consistent with being knowledgeable about the use of those goods, the consumer has a right to expect that the goods are reasonably suitable for the specific purpose that the consumer has indicated and in any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated above.

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 abovementioned requirements and standards, and the supplier must either repair or replace the failed, unsafe or defective goods, or refund to the consumer the price paid by the consumer for the goods, at the option of the consumer. However, if a supplier elects to repair any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must replace the goods, or refund to the consumer the price paid by the consumer for the goods. The above imp**** warranty and the right to return goods are each in addition to any other imp**** warranty or condition imposed by the common law, this Act or any other public regulation, and any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.

Having been involved on behalf of industry in every stage of the legislative process and having contributed comments to the DTI in the drafting stages of the legislation, we are perfectly placed to advise you on the Consumer Protection Act.

Other than the Consumer Protection Act, there are numerous Provincial and Local Authority Laws and Bye-Laws which regulate various aspects of consumer protection and which should be understood and incorporated into the procedures at all levels of the supply chain. Further, consumers should take account of the protection already offered by such laws and bye-laws and exercise their rights.

Finally, the Consumer Goods and Services Ombudsman was recently accredited under Section 82 of the Consumer Protection Act, see http://www.cgso.org.za , and is now empowered to deal with consumer complaints in respect of the Consumer Goods and Services industries where these are not covered under other Ombud schemes such as the Motor Industry Ombud, see http://www.miosa.co.za .

If you believe that your attorney should be knowledgeable on consumer protection law and have a matter in which we can be of assistance then please send an e-mail to ********** or contact our Mr Luterek by telephone on +27 12 ********** or by fax on +27 12 ********** .

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