Vodacom Customers have ZERO rights

<p>On Saturday morning I upgraded to the new iPhone 7 at the Vodacom Repair shop in Canal Walk. I was asked if they could switch the phone on in store, to which I asked whether it is up to me or Vodacom if the box needs to be opened. The salesman told me that it is up to me and I am not obliged to open it in store. Never did he say that if I do not open it, it will be held against me in the future.</p> <p> </p> <p>When I arrived home later that day, I opened the brand new phone for first time. I proceeded to remove the plastic film that is wrapped around the phone in the box in order to put on my glass screen protector.</p> <p> </p> <p>I immediately saw a scratch on the screen to my disappointment.</p> <p> </p> <p>In disbelief, I phoned the Vodacom Repair shop to ask how I should proceed.</p> <p> </p> <p>The lady informed me that I will have to come back to the store for assessment after which I immediately got in my car and drove back to the store (within 4 hours of upgrading in store).</p> <p> </p> <p>The floor manager then inspected the phone and agreed that there was a mark on the screen that should not be there.</p> <p> </p> <p>He then informed me that he needs to wait for the Store Manager to make a decision and while being very disappointed I left the phone with him in the store.</p> <p> </p> <p>After two days of trying to get hold of them I received a call from the Store manager to ask for my version of events.</p> <p>He then told me that he will try and get the phone replaced.</p> <p> </p> <p>Later that day, I received an email in which they basically accuse me of lying and imply that I scratched the phone myself.</p> <p> </p> <p>Now I have the phone with a scratch on the screen and there is nothing I can do about it?</p> <p> </p> <p>What happened to the Consumer Protection Act?</p> <p> </p> <p>Why is Vodacom allowed to do what they want?</p> <p> </p> <p>See the Act below:</p> <p> </p> <p>Consumer’s right to choose or examine goods</p> <p>18. (1) Despite any statement or notice to the contrary, a consumer is not responsible</p> <p>for any loss or damage to any goods displayed by a supplier, unless the loss or damage</p> <p>results from action by the consumer amounting to gross negligence or recklessness,</p> <p>malicious behaviour or ******** conduct.</p> <p>(2) If any goods are displayed in or sold from open stock, the consumer has the right</p> <p>to select or reject any particular item from that stock before completing the transaction.</p> <p>(3) If the consumer has agreed to purchase goods solely on the basis of a description</p> <p>or sample, or both, provided by the supplier, the goods delivered to the consumer must</p> <p>in all material respects and characteristics correspond to that which an ordinary alert</p> <p>consumer would have been entitled to expect based on the description or on a reasonable</p> <p>examination of the sample, as the case may be.</p> <p>(4) If a supply of goods is by sample, as well as by description, it is not sufficient that</p> <p>any of the goods correspond with the sample if the goods do not also correspond with the</p> <p> </p> <p> </p> <p>Consumer’s right to return goods</p> <p>20. (1) This section is in addition to and not in substitution for—</p> <p>(a) the right to return unsafe or defective goods, contemplated in section 56; or</p> <p>(b) any other right in law between a supplier and consumer to return goods and</p> <p>receive a refund.</p> <p>(2) Subject to subsections (3) to (6), the consumer may return goods to the supplier,</p> <p>and receive a full refund of any consideration paid for those goods, if the supplier has</p> <p>delivered—</p> <p>(a) goods to the consumer in terms of an agreement arising out of direct</p> <p>marketing, and the consumer has rescinded that agreement during the coolingoff</p> <p>period, in accordance with section 16;</p> <p>(b) goods that the consumer did not have an opportunity to examine before</p> <p>delivery, and the consumer has rejected delivery of those goods for any of the</p> <p>reasons contemplated in section 19(5);</p> <p> </p> <p> </p> <p>Consumer’s rights to safe, good quality goods</p> <p>55. (1) This section does not apply to goods bought at an auction, as contemplated in</p> <p>section 45.</p> <p>(2) Except to the extent contemplated in subsection (6), every consumer has a right to</p> <p>receive goods that—</p> <p>(a) are reasonably suitable for the purposes for which they are generally intended</p> <p>(b) are of good quality, in good working order and free of any defects;</p> <p>(c) will be useable and durable for a reasonable period of time, having regard to</p> <p>the use to which they would normally be put and to all the surrounding</p> <p>circumstances of their supply; and</p> <p>(d) comply with any applicable standards set under the Sta</p> <p>(4) In determining whether any particular goods satisfied the requirements of</p> <p>(a) subsection (2) or (3), all of the circumstances of the supply of those goods must be</p> <p>(b) considered, including but not limited to—</p> <p>(c) (a) the manner in which, and the purposes for which, the goods were marketed,</p> <p>(d) packaged and displayed, the use of any trade description or mark, any</p> <p>(e) instructions for, or warnings with respect to the use of the goods;</p> <p>(f) (b) the range of things that might reasonably be anticipated to be done with or in</p> <p>(g) relation to the goods; and</p> <p>(h) (c) the time when the goods were produced and supp****.</p> <p>(5) For greater cer*****y in applying subsection (4)—</p> <p>(i) (a) it is irrelevant whether a product failure or defect was latent or patent, or</p> <p>(j) whether it could have been detected by a consumer before taking delivery of</p> <p>(k) the goods; and</p> <p>(l) (b) a product failure or defect may not be inferred in respect of particular goods</p> <p>(m) solely on the grounds that better goods have subsequently become available</p> <p>(n) from the same or any other producer or supplier.</p> <p>(6) Subsection (2)(a) and (b) do not apply to a transaction if the consumer—</p> <p>(o) (a) has been expressly informed that particular goods were offered in a specific</p> <p>(p) condition; and</p> <p>(q) (b) has expressly agreed to accept the goods in that condition, or knowingly acted</p> <p>(r) in a manner consistent with accepting the goods in that condition.</p> <p> </p> <p><br /> </p> <p>69. A person contemplated in section 4 (1) may seek to enforce any right in terms of</p> <p>this Act or in terms of a transaction or agreement, or otherwise resolve any dispute with</p> <p>a supplier, by—</p> <p>(a) referring the matter directly to the Tribunal, if such a direct referral is</p> <p>permitted by this Act in the case of the particular dispute;</p> <p>(b) referring the matter to the applicable ombud with jurisdiction, if the supplier</p> <p>is subject to the jurisdiction of any such ombud;</p>