Walkers Attorneys

by Taryn Herbert

Things you may not know about the Consumer Protection Act

1. If you buy faulty or unsafe goods, you have 6 months to return them.


2. You may choose repair, replacement or refund.


3. If you chose repair and the goods remain faulty, you have three months to choose replacement or refund.


4. The supplier warrants all parts and labour supplied during maintenance or repair, except against wear-and-tear, misuse, or abuse.


5. The supplier must write to you in a specified period before a contract ends, letting you choose to renew it, modify it, or cancel it. If you don’t respond, the contract continues month-by-month.


6. If goods or services are not delivered at the right place at the agreed time on the agreed date, you may cancel the agreement.


7. Salespersons may only approach you within defined limits. If they exceed these or you decide to, you can enter their name on a registry that stops them from contacting you.


8. If you tire of a fixed term contract you may cancel it at any time as long as you give 20 days notice to the supplier. (You may have to pay a 10% cancellation fee.)


9. If your purchase resulted from advertising addressed to you in person, you have five business days to change your mind. The supplier must then refund you within 15 days.


10. A franchisee may cancel a franchise agreement within ten business days at no penalty, by giving notice in writing.

So consumers, you can’t complain that the law ignores the little person. (Just don’t get big; the Act does not protect a judicial person with a turnover of more than R3 million.)

Of course, if you go into business and look at things from the supplier’s angle, you might think the little person has become a giant. Even an ogre.

Worse, you may be less inclined to go into business.

Keep your eyes peeled for a Consumer Protection Amendment Bill, before the 21st Century gets to adolescence.