Articles

Black Friday – Consumer Rights

“As your friendly neighbourhood attorneys, we are here to remind you that Black Friday is the one day a year when even the most sensible adults start making decisions that would horrify their future selves… the moment they see ‘70% OFF’. Before you dive into the stores like it’s an Olympic contact sport, let’s chat about your rights — and possibly how to avoid needing our services by Monday.”

Right to Fair and Honest Marketing

Consumers have the right to fair, honest, and transparent marketing practices. A retailer may not promote goods or services on the basis that such goods or services will be supplied unless the consumer declines the offer.

Display and charging of prices

• A retailer or service provider must not market the price of any goods or services in a manner that is misleading, fraudulent, or deceptive in respect of the price.
• Where goods are displayed, the retailer must also display a price for the goods.
• If a price that was once displayed has been fully covered and obscured by a second displayed price, that second price must be regarded as the displayed price.
• Suppose the displayed price contains an inadvertent and obvious error, the retailer will not be bound by it after having corrected the error in the displayed price and taken reasonable steps to inform customers of the error.

Right to Accurate Product Information

The act prohibits the use of descriptions that are likely to mislead the consumer. This includes the use of marks or words, the place or origin of goods, the ingredients of which the goods consist or the material of which it is made, which are likely to mislead the consumer.

No general right to return goods

Although the Consumer Protection Act allows goods to be returned, it is important to note that there is no general right of return. “Buyer’s remorse” does not entitle you to return goods. Although some retailers will allow consumers to return goods, there is no general right to do so. The CPA allows for specific instances where goods may be returned. The implied warranty of quality allows a consumer to return defective goods (that meet specific criteria), or to demand a repair or replacement thereof, within 6 months after receiving the goods.

Remember

“If it seems too good to be true – it probably is”

Your rights as a consumer will not protect you in instances when you deal with fraudulent transactions and scammers.
Make sure that you are dealing with a legitimate retailer, especially in online transactions, and that the bank details provided for payment, are indeed the retailer’s details.
And read the fine print before you accept the terms and conditions of sale.

Be a vigilant and informed consumer – there are some pretty terrific bargains to be had on BLACK FRIDAY.

The above article outlines the framework of Consumer rights in South Africa. If you require more information please contact our offices for assistance.

Written by: Thinus Louw – Commercial Attorney (Raubenheimers Inc)