MSB Member Articles
Rynardt Olivier
Applicable sections of the Consumer Protection Act, 68 of 2008: S 53, 55, 56, Schedule 2 clause 3(2)
The provisions of the Act discussed below only apply to goods supplied to the consumer on or after 1 April 2011.
In terms of Section 55 of the Act, a consumer has the right to receive goods that:
FIXED TERM AGREEMENTS – Expiry, cancellation and renewal
Applicable sections of the Consumer Protection Act, 68 of 2008: S 14, Schedule 2 clause 3(2)
Applicable sections of the Consumer Protection Act Regulations: R 5, Annexure B
Fixed term agreements are contracts of a definite duration. Cellular phone contracts, gym contracts, armed response / security contracts, educational institution contracts and property leases are all examples of fixed term agreements.
THE RIGHT TO RETURN GOODS
Applicable sections of the Consumer Protection Act, 68 of 2008: S 16, 19 (5) & (8), 20, 55 (3), 56
A consumer has various rights of return in terms of the Consumer Protection Act.
The five instances where a consumer may return goods to the supplier are:
· Unsafe or defective goods may be returned for a repair, replacement or refund within 6 months of delivery. The consumer may choose whether he wants the item repaired, replaced or receive a refund. If the consumer allows the supplier to repair, then the repair must last for at least three months. If the same fault re-appears or another defect appears within three months of the repair being effected, then the supplier must choose whether to replace the item or refund the consumer. At this stage, a further repair is not an available option.