Consumer Protection Act...is your friend
Chapter 2 : Fundamental Consumer Rights
Part C : Consumer's right to choose
16. Consumer’s right to cooling-off period after direct marketing
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3) A consumer may rescind a transaction resulting from any direct marketing without reason or penalty, by notice to the supplier in writing, or another recorded manner and form, within five business days after the later of the date on which-
a) the transaction or agreement was concluded; or
b) the goods that were the subject of the transaction were delivered to the consumer.
4) A supplier must-
a) return any payment received from the consumer in terms of the transaction within 15 business days after-
i) receiving notice of the rescission. if no goods had been delivered to the consumer in terms of the transaction; or
ii) receiving from the consumer any goods supplied in terms of the transaction; and
b) not attempt to collect any payment in terms of a rescinded transaction, except as permitted in terms of section 20(6).
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Chapter 2 : Fundamental Consumer Rights
Part G : Right to fair, just and reasonable terms and conditions
51. Prohibited transactions, agreements, terms or conditions
1) A supplier must not make a transaction or agreement subject to any term or condition if—
a) its general purpose or effect is to—
i) defeat the purposes and policy of this Act;
ii) mislead or deceive the consumer; or
iii) subject the consumer to fraudulent conduct;
b) it directly or indirectly purports to—
i) waive or deprive a consumer of a right in terms of this Act;
ii) avoid a supplier’s obligation or duty in terms of this Act;
iii) set aside or override the effect of any provision of this Act; or......
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Chapter 2 : Fundamental Consumer Rights
Part H : Right to fair value, good quality and safety
55. Consumer’s rights to safe, good quality goods
1) This section does not apply to goods bought at an auction, as contemplated in section 45.
2) Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that—
a) are reasonably suitable for the purposes for which they are generally intended;
b) are of good quality, in good working order and free of any defects;
c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
d) comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
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