The Consumer:
Contracts: A contract is an agreement that is intended to create legal rights and
duties between its parties.
What you need to know about contracts:
Contracts are written or spoken.
Verbal & written contracts should be done with a third party present (witness).
Once signed a contract is legally binding – all parties have to adhere to the term
and conditions.
Break a contract is called breach of contract:
o One party doesn’t do what they promised to do in the contract.
o Courts can order the guilty party to do what he/she promised, if they fail
to do so, they could get a fine or prison sentence.
o You can get an interdict from the court to prevent the guilty party from
doing something.
o You can sue the other party from damages or you can cancel the contract.
The Consumer Protection Act (CPA):
o Forbids the automatic renewal of fixed-term agreements – You have
to be given the option to continue to contract, change terms or cancel it.
o You have to right to cancel a contact at any time by giving 20
business days notice in writing – If you do need to pay any monies you
owe up to the date of cancellation. You may also be charged a
cancellation fee (10% of the money you owe.
o If you have repairs done, companies have to provide you with a
quotation – An estimate for the work that needs to be done, you have to
agree to this before work is started.
o You have the right to good quality products, in good working order,
free from defects and fit for the purpose – Voestoots applies only to
when a homeowner sells a home.
The following guidelines are important:
o Terms and conditions must be explained to you in your home language.
o Read contacts through carefully, make sure you understand them before
you sign. BY signing you say you understand and will abide by the rules.
o Ask as many questions as you can like the final cost prices after interest.
Types of contracts:
There are many different types of contracts for:
o Renting and buying or building a house.
o Credit and installments sale agreements.
Contact exemption clauses and unfair terms:
Exemption clauses are clauses that exonerate (clear) a party from liability
should he/she fail to honour the agreement.
These clauses are legal.
They identify the supplier – they are not held responsible for his/her actions.
These clauses have to be pointed out before the contract is signed.
These clauses must be written in simple language.
Exemption clauses don’t include:
o Personal injury or death with result from negligence.
o Defective goods.
, Cooling-off period:
This applies to all transactions that result from direct marketing – transactions
that the consumer didn’t start (may be by approach or mail).
Examples of direct marketing are:
o When a sales agent approaches you directly to promote or equipment
that they want you to buy (cleaning & cosmetic company).
o When you are approached through SMS marketing or emails (cell phone
sales, funeral cover and insurance).
Cooling off applies to all goods.
It doesn’t apply to services (accommodation, transport and leisure activities).
It is 5 business days that you have to cancel an advance reservation or order.
You can cancel without reason and without penalty.
A supplier must refund the purchase price of the goods within 15 days of
receiving the notice of your cooling-off.
Suppliers through TV or the press don’t fall into this cooling-off provision.
Unfair business practices: Fraud, misrepresentation, and oppressive or
unreasonable acts against consumers.
Law prohibits these unfair practices.
These may arise in many areas, such as:
o Home ownership and rentals.
o Credit agreements and purchasing products and services.
o Insurance claims and debt collections.
The National Credit Act and the CPA protect consumers.
A warranty:
A warranty is a written promise to replace or repair an item if them item
doesn’t satisfy the terms of the warranty.
You get them from a company stating that product is reliable, free from defects.
They state that the seller without charge will repair, replace the defective parts
within a given time limit and under certain conditions.
There is a 3-month warranty on repaired goods.
If the repaired goods break within three months, the supplier must replace the
goods or refund you.
If you have abused or misused the goods, the warranty falls away.
Warranties don’t extend to ordinary wear and tear.
Guarantees:
A guarantee is a promise in writing that the quality and durability of a
product or service will meet certain standards.
If the product or service doesn’t satisfy the consumer, you will get a refund.
You can return goods within 6 months of delivery if the goods.
You have the choice of the goods being repaired, replaced or refunded.
Grey goods or parallel imports: Goods that have been imported into the country
through unofficial or unauthorized distribution channels.
They have been brought into the country legally and have paid import duties.
But, they are sold by individuals or businesses that are not authorized by the
manufacture to do so. These goods are called grey goods.
Contracts: A contract is an agreement that is intended to create legal rights and
duties between its parties.
What you need to know about contracts:
Contracts are written or spoken.
Verbal & written contracts should be done with a third party present (witness).
Once signed a contract is legally binding – all parties have to adhere to the term
and conditions.
Break a contract is called breach of contract:
o One party doesn’t do what they promised to do in the contract.
o Courts can order the guilty party to do what he/she promised, if they fail
to do so, they could get a fine or prison sentence.
o You can get an interdict from the court to prevent the guilty party from
doing something.
o You can sue the other party from damages or you can cancel the contract.
The Consumer Protection Act (CPA):
o Forbids the automatic renewal of fixed-term agreements – You have
to be given the option to continue to contract, change terms or cancel it.
o You have to right to cancel a contact at any time by giving 20
business days notice in writing – If you do need to pay any monies you
owe up to the date of cancellation. You may also be charged a
cancellation fee (10% of the money you owe.
o If you have repairs done, companies have to provide you with a
quotation – An estimate for the work that needs to be done, you have to
agree to this before work is started.
o You have the right to good quality products, in good working order,
free from defects and fit for the purpose – Voestoots applies only to
when a homeowner sells a home.
The following guidelines are important:
o Terms and conditions must be explained to you in your home language.
o Read contacts through carefully, make sure you understand them before
you sign. BY signing you say you understand and will abide by the rules.
o Ask as many questions as you can like the final cost prices after interest.
Types of contracts:
There are many different types of contracts for:
o Renting and buying or building a house.
o Credit and installments sale agreements.
Contact exemption clauses and unfair terms:
Exemption clauses are clauses that exonerate (clear) a party from liability
should he/she fail to honour the agreement.
These clauses are legal.
They identify the supplier – they are not held responsible for his/her actions.
These clauses have to be pointed out before the contract is signed.
These clauses must be written in simple language.
Exemption clauses don’t include:
o Personal injury or death with result from negligence.
o Defective goods.
, Cooling-off period:
This applies to all transactions that result from direct marketing – transactions
that the consumer didn’t start (may be by approach or mail).
Examples of direct marketing are:
o When a sales agent approaches you directly to promote or equipment
that they want you to buy (cleaning & cosmetic company).
o When you are approached through SMS marketing or emails (cell phone
sales, funeral cover and insurance).
Cooling off applies to all goods.
It doesn’t apply to services (accommodation, transport and leisure activities).
It is 5 business days that you have to cancel an advance reservation or order.
You can cancel without reason and without penalty.
A supplier must refund the purchase price of the goods within 15 days of
receiving the notice of your cooling-off.
Suppliers through TV or the press don’t fall into this cooling-off provision.
Unfair business practices: Fraud, misrepresentation, and oppressive or
unreasonable acts against consumers.
Law prohibits these unfair practices.
These may arise in many areas, such as:
o Home ownership and rentals.
o Credit agreements and purchasing products and services.
o Insurance claims and debt collections.
The National Credit Act and the CPA protect consumers.
A warranty:
A warranty is a written promise to replace or repair an item if them item
doesn’t satisfy the terms of the warranty.
You get them from a company stating that product is reliable, free from defects.
They state that the seller without charge will repair, replace the defective parts
within a given time limit and under certain conditions.
There is a 3-month warranty on repaired goods.
If the repaired goods break within three months, the supplier must replace the
goods or refund you.
If you have abused or misused the goods, the warranty falls away.
Warranties don’t extend to ordinary wear and tear.
Guarantees:
A guarantee is a promise in writing that the quality and durability of a
product or service will meet certain standards.
If the product or service doesn’t satisfy the consumer, you will get a refund.
You can return goods within 6 months of delivery if the goods.
You have the choice of the goods being repaired, replaced or refunded.
Grey goods or parallel imports: Goods that have been imported into the country
through unofficial or unauthorized distribution channels.
They have been brought into the country legally and have paid import duties.
But, they are sold by individuals or businesses that are not authorized by the
manufacture to do so. These goods are called grey goods.
