Consumers are protected against delinquent suppliers

Have you ordered and paid for merchandise that was never delivered?

Have you subsequently been refused a refund on demand for that undelivered order?

Has a supplier demanded a cancellation fee for an undelivered order?

The Consumer Protection Act protects your right to fair and honest dealing by promoting fair business practices, and by protecting consumers from unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices; and deceptive, misleading, unfair or fraudulent conduct.

The Consumer Protection Act only applies to transactions occurring within the Republic, and includes the promotion of any goods or services.

In terms of s19 (2) of the CPA, unless otherwise expressly provided for or anticipated in an agreement, it is an implied condition of every transaction for the supply of goods or services that the supplier is responsible to deliver the goods or perform the services within a reasonable time after concluding the transaction or agreement.

In terms of s17 (1) and (5) of the CPA, a consumer has the right to cancel any order for any goods or services.

A supplier may not impose any cancellation fee in respect of an order if the consumer is unable to honour the order because of the death or hospitalisation of the person for whom the order was made.

A supplier may not impose a cancellation fee for any goods or services in respect of an order that the supplier failed to deliver, or has no intention of delivering.

In terms of s54 a consumer has a right to the timely performance and completion of services and delivery of goods, and timely notice of any unavoidable delay in the performance of the services or delivery of goods.

If a supplier fails to perform a service or deliver goods, the consumer may require the supplier to either remedy any defect in the quality of the services performed or goods supplied, or refund to the consumer either a reasonable portion of the price paid for the services performed and goods supplied, or the full amount paid for goods not delivered.

In terms of the CPA, a consumer may enforce any right in terms of a transaction or agreement, or otherwise resolve any dispute with a supplier, by referring the matter directly to an ombud with jurisdiction, a Tribunal or High Court.

Consumers may lodge a free complaint against a supplier with the National Consumer Commission.

File a complaint against a supplier with the National Consumer Commission

Consumer Protection Act, 68 of 2008