HAL 9000
Honorary Master
- Joined
- May 27, 2008
- Messages
- 22,204
- Reaction score
- 25,867
On Wednesday 11 April 2012, I received the latest HI FI CORPORATION catalogue in my local weekly newspaper, and upon browsing through it, came across a Jensen Car Radio (JCD-USBX2 - stock code 10305443) advertised at R 699-00.
As the special was only on offer and valid from 12 to 15 April 2012, as per dates as indicated on the HI FI CORPORATION catalogue, I went to the Stoneridge Mall branch in Edenvale on Thursday 12 April 2012 at about 11h00 in order to purchase one of these units for myself.
Upon requesting this item, one of the salesmen said he would check to see if stock was available, went to a computer terminal, and did a stock enquiry.
He then informed me that NO STOCK WAS AVAILABLE on this unit - a mere TWO HOURS after their doors opened on the FIRST day of their promotion!
This means that HI FI CORPORATION is in contravention of the Consumer Protection Act, according to the following provisions:
Bait marketing
30. (1) A supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.
30. (2) If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.
30. (3) It is a defence to an alleged failure to comply with subsection (1) or (2) if—
(a) the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price; and
(b) the consumer—
(i) unreasonably refused that offer; or
(ii) accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.
The Terms and Conditions as indicated on the HI FI CORPORATION brochure also states the following:
"HI FI CORP shall use reasonable endeavours to make the advertised stock available at that price, to the extent of the expressed stock limitation (or availability). HI FI CORP shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits."
The salesman I dealt with at the Stoneridge Mall branch made NO ATTEMPT at all to offer to provide me with an equivalent item at the same price, or to offer to take down my contact details in order to advise me if and when this requested item would be available in stock, or to take payment from me at the advertised price and inform me when the item was back in stock again.
I am therefore lodging a formal complaint against HI FI CORPORATION for contravening the above-mentioned conditions of the CPA as well as their own advertised T & C's.
As the special was only on offer and valid from 12 to 15 April 2012, as per dates as indicated on the HI FI CORPORATION catalogue, I went to the Stoneridge Mall branch in Edenvale on Thursday 12 April 2012 at about 11h00 in order to purchase one of these units for myself.
Upon requesting this item, one of the salesmen said he would check to see if stock was available, went to a computer terminal, and did a stock enquiry.
He then informed me that NO STOCK WAS AVAILABLE on this unit - a mere TWO HOURS after their doors opened on the FIRST day of their promotion!
This means that HI FI CORPORATION is in contravention of the Consumer Protection Act, according to the following provisions:
Bait marketing
30. (1) A supplier must not advertise any particular goods or services as being available at a specified price in a manner that may result in consumers being misled or deceived in any respect relating to the actual availability of those goods or services from that supplier, at that advertised price.
30. (2) If a supplier advertises particular goods or services as being available at a specified price, and the advertisement expressly states a limitation in respect of the availability of those goods or services from that supplier at that price, the supplier must make those goods or services available at that price, to the extent of the expressed limits.
30. (3) It is a defence to an alleged failure to comply with subsection (1) or (2) if—
(a) the supplier offered to supply or procure another person to supply a consumer with the same or equivalent goods or services of the kind advertised within a reasonable time, in a reasonable quantity, and at the advertised price; and
(b) the consumer—
(i) unreasonably refused that offer; or
(ii) accepted the offer, and the supplier has supplied or procured another person to supply the goods or services so offered and accepted.
The Terms and Conditions as indicated on the HI FI CORPORATION brochure also states the following:
"HI FI CORP shall use reasonable endeavours to make the advertised stock available at that price, to the extent of the expressed stock limitation (or availability). HI FI CORP shall supply the consumer with the same or equivalent stock as an alternative to the advertised stock, in the event of running out of stock on the expressed stock limits."
The salesman I dealt with at the Stoneridge Mall branch made NO ATTEMPT at all to offer to provide me with an equivalent item at the same price, or to offer to take down my contact details in order to advise me if and when this requested item would be available in stock, or to take payment from me at the advertised price and inform me when the item was back in stock again.
I am therefore lodging a formal complaint against HI FI CORPORATION for contravening the above-mentioned conditions of the CPA as well as their own advertised T & C's.
