Consumers can use their rights protected by the CPA to prevent problems when they pay money for goods or services.
Everyone who ever had a problem with a product or service they spent money on knows that we have consumer rights, such as getting our money back for a faulty product. However, it is a good thing to know what exactly your consumer rights are and how to protect them.
Over the years the consumer protection movement grew and various countries enacted legislation to protect consumer rights. In South Africa, the Consumer Protection Act protects your rights as a consumer. The CPA applies to every transaction in South Africa that is not specifically excluded, the advertising, marketing and selling of any goods or services by suppliers who are not excluded, transactions happening in South Africa and transactions where the supplier does not make a profit. Excluded transactions are usually those regulated by a specific act, such as the Long-Term Insurance Act, that applies to insurance.
Transactions that are part of a credit agreement under the National Credit Act and services supplied under an employment contract are also excluded from the provisions of the CPA.According to the CPA, the consumer is someone who goods and services are marketed to, someone who has made a deal with a supplier, someone who uses a product or service in certain circumstances, even the person did not make the deal and someone who is thinking about or who has entered into a franchise agreement.
The CPA defines a transaction as an agreement between a consumer and one or more other people or companies to buy goods and services or the process of supplying the goods or services to the consumer for payment.Section 8 to 10 of the CPA stipulates that no one is allowed to discriminate against you when marketing goods and services, but it sets reasonable grounds to treat you differently in certain circumstances, such as not selling cigarettes to minors.
Labels and trade descriptions must be affixed to products and suppliers must also disclose when goods have been rebuilt or bought on the grey market and they must keep track of sales. They must also deliver according to their sales staff’s claims and actions and shippers and installers must be able to prove who they are.Your right to fair and responsible marketing is entrenched in sections 29 to 39.
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