Six month guarantee with new consumer act

SinghDude

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http://www.timeslive.co.za/local/article991256.ece/Six-month-guarantee-with-new-consumer-act


If you buy a kettle next month and it breaks within six months, you will have the right to demand your money back.


This is just one the new regulations contained in the new Consumer Protection Act, which comes into effect on April 1.

Western Cape economic development and tourism MEC Alan Winde issued a statement on Monday morning, explaining the implications of the new law, saying it would "radically overhaul the manner and form in which business is conducted".

For example, the law ensures an implied six-month guarantee in any goods purchased, regardless of the guarantees offered by the specific supplier.

"A practical example would be the following: You purchase a kettle for use in your home and the kettle can no longer boil water. The kettle is therefore no longer suitable for the purpose for which it was bought.

"If this has happened within six months of you taking delivery of the kettle you will now be within your rights to take the kettle back to the store and request a refund, repair or replacement," Winde's office said in the statement.

"Remember, the six-month warranty mentioned above is in addition to any other warranty provided by the supplier. So, if a product has a 12-month warranty provided by the supplier then this 12 month warranty is still valid."

The law also protects consumers against direct marketing onslaughts.

It provides for an "exclusion register" which will make it illegal for sales people to communicate electronically with a consumer whose name has been listed on this register.

"This will greatly assist consumers as they will be able to prohibit unwanted electronic communication."

In addition, consumers contacted by direct marketers will be offered a five-day cooling off period after entering a sales agreement.

"This will ensure that a consumer will now have the right to "change his/her mind" about a direct marketing purchase within five business days," said the statement.

"This is a real improvement as often consumers have signed up for a service or product without having thought about the purchase carefully and the possible effects it would have on their budget and other financial commitments.

"In some cases it has been found that consumers are subjected to pressure to the extent that they enter into an agreement merely to end a sales pitch."

Another example of how the law would help consumers is the regulation around the cancellation of an advance reservation, booking or order.

"A consumer reserves accommodation at a hotel for two nights. On the day of the reservation, the consumer changes his or her mind as the hotel around the corner is offering a cheaper rate. The hotel then charges a 100 percent cancellation fee and the consumer is unhappy with the fee charged.

"In terms of the Act, a consumer does have the right to cancel a reservation. However, the business will similarly have the right to charge a cancellation fee. The Act however introduces the concept of a 'reasonable cancellation fee'."

The "reasonable fee" will be decided on based on the nature of the goods or device, the length of notice of cancellation, the reasonable potential of finding an alternative consumer and the general practice of the industry.

"As such, what constitutes a reasonable cancellation fee will depend on the merits of each case and the percentage of a cancellation fee that will be levied must be carefully considered by a business.

"One of the important elements introduced by the Act is the acknowledgement of the rights that all of us as consumers will now be able to enjoy. Previous legislation ignored these principles and for the first time we have statutory recognition of our right to confidentiality, information, disclosure, fairness, transparency, choice, safety and redress.

"From 1 April onwards, it will not only be disrespectful, but illegal, to ignore consumers' rights," said Winde.

Am going to wait a few more days to buy 'me a kettle:D
 
It provides for an "exclusion register" which will make it illegal for sales people to communicate electronically with a consumer whose name has been listed on this register.

I don't like this idea one little bit. Now I have to register to stop these ****ers from spamming me? They should have an "inclusion" register rather, all the people who want to be spammed sign up for it.
 
I particularly like these part.

Direct Marketing
You will have a 5 day cooling off period to decline the offer after agreeing to it. Should you inform your supplier that you no longer want the offer they presented to you, They will have to give you back your cash within 15 business days.
You may not contact consumers outside the following hours: 8am - 7pm.
If you install a sign on your post box that states " no junkmail" you can take legal recourse if you get junkmail from the supplier of the advert.
A national database will be setup for the people to register so that they may not receive SPAM / promotional information / direct marketing. everyone will be forced to check with this database once a month and clean / update accordingly. this applies to DMA members and those who are not DMA members. We are still unsure if DMA will run this national database as they have the infrastructure.



Gift cards / Air time

All gift cards directly purchased must carry a minimum 3 year expiry. this applies to air time etc.
I enquired who this works with loyalty programme vouchers but it's still a grey area.
 
I really dont see anything that is so bad as to totally destroy business. You now have to make sure you sell stuff that works for at least 6 months, and if a customer wants to cancel a contract, he has 5 days to do so. If you want to charge him a fee, it has to be reasonable. And, if you want to use direct marketing (in other words you are total scum and have no right to oxygen), then you need to first check whether the person you want to contact is on the register.

Am I missing something? What part of this is so bad that would cause businesses to go out of business? Seems to me that those that do go under, deserved it.
 
For me, one of the most wonderful things about the CPA, is that residents of "high capacity municipalities" can actually require the municipality to either -

(a) remedy any defect in the quality of the services performed or goods supplied; or
(b) refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.
 
Ancalagon.
They are crapping themselves because they dont understand the act.
A lot of the companies are only becoming aware of the act now...a couple of weeks when it becomes reality.

Our T&C's has been confirmed and all is on track for April Fools day...the irony. :D
One thing that has been made quite clear is liability and understanding. The sentences are clear and straightforward, no big words, no long sentences. Succinct.
We have also made the consumer aware that we are a 3rd oparty offering a service/product and that we can not be held liable if the product/services is defective, poor etc.

We have also clarified our stance regarding external services being rendered by 3rd parties, through us.
Will provide information etc but not liable for informattion etc.
 
For me, one of the most wonderful things about the CPA, is that residents of "high capacity municipalities" can actually require the municipality to either -

(a) remedy any defect in the quality of the services performed or goods supplied; or
(b) refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.

Nope. The cpa does not apply to the Govenrment or any of its subsidiarys (ie Telkom, Eskom, any Munisipality)
 
One things to have laws but another to see it being enforced. Hope for the best.
 
Nope. The cpa does not apply to the Govenrment or any of its subsidiarys (ie Telkom, Eskom, any Munisipality)

Wonderful. The biggest offenders are immune. But then if they werent, the entire country would be bankrupt.
 
All gift cards directly purchased must carry a minimum 3 year expiry. this applies to air time etc.
I enquired who this works with loyalty programme vouchers but it's still a grey area.

Vouchers = 3 years
Rewards (which is what loyalty programmes give you) = 1 year
 
Ancalagon.
They are crapping themselves because they dont understand the act.
A lot of the companies are only becoming aware of the act now...a couple of weeks when it becomes reality.

Our T&C's has been confirmed and all is on track for April Fools day...the irony. :D
One thing that has been made quite clear is liability and understanding. The sentences are clear and straightforward, no big words, no long sentences. Succinct.
We have also made the consumer aware that we are a 3rd oparty offering a service/product and that we can not be held liable if the product/services is defective, poor etc.

We have also clarified our stance regarding external services being rendered by 3rd parties, through us.
Will provide information etc but not liable for informattion etc.

We provide IT services and products...not retail though. We are a services company. Where can I get relevant T&C's ?
 
Nope. The cpa does not apply to the Govenrment or any of its subsidiarys (ie Telkom, Eskom, any Munisipality)

Wonderful. The biggest offenders are immune. But then if they werent, the entire country would be bankrupt.

I know it's hard, but you 're gonna have to keep up with developments :)

The Minister of Corporate Government and Traditional Affairs initially asked the Minister of Trade and Industry to defer the application to all municipalities.

But the Minister of Trade and Industry has deferred the application of the Act to all municipalities other than high capacity municipalities as defined in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003) until further notice.
 
The law also protects consumers against direct marketing onslaughts.

It provides for an "exclusion register" which will make it illegal for sales people to communicate electronically with a consumer whose name has been listed on this register.

"This will greatly assist consumers as they will be able to prohibit unwanted electronic communication."
They are still bothering me... yesterday I had to tell them to F-off and stop bothering me with cellphone contract deals...

But the Minister of Trade and Industry has deferred the application of the Act to all municipalities other than high capacity municipalities as defined in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003) until further notice.
Of course they'd do that... the ANC knows it is not delivering and they are doing it on purpose. This just proves what we already know!
 
Will this act work retroactively?

Example: Lets say I purchase an item 14 months ago which has a 3yr warranty and I'm now having warranty issues with the supplier.
 
They are still bothering me... yesterday I had to tell them to F-off and stop bothering me with cellphone contract deals...!

Regestering @ http://www.dmasa.org/dmasa/dma_optout.php worked great for me the last 4 months. Used to get about 2 "Cell Contract" calls a month, have not had once since registering. (also seems to have cut down allot on other telemarketing)
 
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