Understand the Consumer Act
This is a brief summary of some of the provisions of the Act and does not purport to cover every aspect of the law.
Local attorney Mike Smuts has compiled a few tips for Krugersdorpers to understand the Consumer Act better.
With the introduction of the Consumer (buyers of goods and services) Protection Act, the head of the National Consumer Commissioner says that South African consumers are now the world’s most protected consumers.
Sellers and providers of services, if that is their business, can no longer prey on innocent and naïve customers. The law does not apply to private dealings, eg you buy a car from a private person. Then the laws of voetstoots etc apply. In terms of the new act you cannot have a voetstoots clause and the seller must ensure that the buyer knows what he is buying and all defects in the goods are covered.
Suppliers must guarantee that the goods sold or leased are:
1. reasonably suitable for the purpose for which they are intended
2. are of good quality, in good working condition and are free of any defects
3. will be useable and last for a reasonable time
4. comply with the standards in terms of the Standards Act, 1993, or any other law
If the goods do not comply with the above then the consumer can return them within six months after taking delivery and choose to have the goods repaired, replaced or get his/ her money back. The defect, however, must be material, ie which persons generally would not accept. There are factors that must be considered but they must be reasonable.
The consumer also may return the goods if they were purchased as having been sold by direct marketing, he/ she did not have the opportunity of examining the goods before delivery, the goods were purchased for a specific purpose and are unsuitable for this purpose.
If the goods were advertised at a specific price and a different price is asked at the till, the consumer can insist on paying the advertised price.
The Act further states that if you are injured by any goods bought, the seller, producer or importer are liable without proof of negligence.
The above is a brief summary of some of the provisions of the Act and does not purport to cover every aspect of the law.
There are also provisions in the law to prevent the consumer from taking advantage of the Act and trying to misuse it. The Act is meant to protect innocent and trusting consumers.
