SouldaFusion
Active Member
- Joined
- Sep 24, 2010
- Messages
- 77
- Reaction score
- 0
Hi,
MTN is currently running a special on the Desire S for R89/month on Top Up 100 + 10MB data (whoop). The deal started 1 Feb. I called a branch today only to be told that they are out of stock. I then asked when they will be getting and was told they are not getting any more stock and that the special was to clear stock. I then asked if anyone in Cape Town had and he said the whole of CT is out of stock.
Something is extremely fishy here. As per the CPA and particularly section 30:
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.
(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.
(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.
According to point (1) there was clearly nowhere near enough stock and hence I was misled. Also they need to make the product available at that price according to point (2). I called the store back and they will try source one but said if they were sold out nation-wide they could do nothing. I don't care if they need to buy one from Vodacom.
MTN is currently running a special on the Desire S for R89/month on Top Up 100 + 10MB data (whoop). The deal started 1 Feb. I called a branch today only to be told that they are out of stock. I then asked when they will be getting and was told they are not getting any more stock and that the special was to clear stock. I then asked if anyone in Cape Town had and he said the whole of CT is out of stock.
Something is extremely fishy here. As per the CPA and particularly section 30:
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.
(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.
(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.
According to point (1) there was clearly nowhere near enough stock and hence I was misled. Also they need to make the product available at that price according to point (2). I called the store back and they will try source one but said if they were sold out nation-wide they could do nothing. I don't care if they need to buy one from Vodacom.
