Know your rights when buying

Like many South African consumers, you have spend your hard earned money over the Festive Season, but do you know what your rights are?

“As you did your holiday shopping, remember South Africa’s Consumer Protection Act (CPA) protects your rights as a consumer,” says Yolandi Boshoff, legal advisor at Legal & Tax.

Historically, South African consumer rights under the law have been very weak, she adds.

In the past most of us have had good reason to grumble about shoddy treatment from big companies such as banks, cellphone companies and retail stores unfair hire purchase arrangements, punitive fees for contract cancellations, and more.

Since the introduction of the CPA in 2011, consumers have more rights than ever before.

The Act makes businesses more accountable for how they treat their customers. Companies that fail to comply with its terms can face penalties as severe as an administrative fine of up to 10 per cent of annual turnover or a fine of R1 million.

In terms of the Act you can take complaints about companies’ behaviour to a Tribunal. Otherwise, speak to your legal advisor to guide you in exercising your rights.

“Its worth knowing what your rights are, just in case you have a disappointing experience with unscrupulous or uncaring companies when you buy Christmas gifts or invest your bonus into something for your home,” says Boshoff.

Here are some of the highlights:

Cooling off
Have you ever felt that you were bullied by a pushy salesperson into signing up for something you didnt really want? According to the CPA, you have a cooling-off period to cancel an advance reservation, booking or order. Dont get stuck with an unwanted cellphone contract or timeshare agreement act within the timeframe to free yourself of any obligation to the supplier.

No more doublespeak
The CPA demands that companies communicate with consumers in plain, simple language that any reasonable person can understand. That means you have a right to a contract and other communications that you can understand, and that companies no longer may dupe you with fine print.

Your right to fair and responsible marketing
The CPA makes it far easier for you to take action when a company provides bad or defective goods or services. As a consumer, you have a legal right to fair and responsible marketing, and service from any supplier or service provider with which you do business.

Fair and honest dealing
This section of the law protects you against generally fraudulent schemes and offers, such as pyramid and related schemes. It also means that dodgy practices such as overselling are forbidden. For example, if you miss a flight because the airline sold more tickets than it had seats, the airline must refund your ticket, with interest, and not just hand out vouchers for the missed booking.

A right to fair value, good quality and safety
The CPA also has clauses designed to ensure that consumers receive goods that are of “good quality, free of defects and reasonably suitable for the purpose for which [they were] required”.

In a nutshell that means when the product is delivered, it must do what they say it will in the advert. If it clearly doesn’t, or if it arrives in a terrible condition, you the consumer, are totally within your rights to take action.

For more information or legal advice on the Consumer Protection Act contact Legal & Tax on 0860 LTS LTS (587 587) or visit their website here.

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